thers more, but the kings ftill more. Thus the mind is divided by the number, none is taken for an associate, but they are all treated with contempt alike." With refpect to writers fince the chriftian æra, they have all, excepting a very few, given their fuffrages, as reafon and common fenfe directed them, against polygamy. Here indeed we have the moft conclufive evidence that human teftimony can afford. And as I have always been equally unwilling to be misled myself as to mislead others, I have taken no small pains to inform myself on this fubject. I have had access to public and private libraries, for this purpose: and am not a little obliged to many; but I owe my acknowledgments in a particular manner, to the politeness of one gentleman in this county; and to whom also fociety is much obliged for his ftrenuous oppofition to the repeal of Stat. 26 Geo. II. ch. 33. commonly called the marriage act. But though in confequence

of my researches I found human teftimony on my fide, yet I by no means wish even to attempt to put more value upon this fort of

evidence, than it deferves; nor will I fay any thing with refpect to the comparative merit of authors, or magnify authorities :I know that truth is equally valuable, whether spoken by the Archbishop of Canterbury, or the humble Rector of Colemere. In reality, what gives value to human teftimony, is its conformity to the divine law; indeed, the fentiments of Chriftian writers in general, with respect to marriage, are confonant to this law; for, as Gronovius obferves, in his Comment on Grotius de Jure, polygamy is forbidden lege Chrifti by the law of Chrift:-and this is the sense of the paffage commented upon :-" Ex Christi lege irritum eft conjugium cum eo qui maritus fit alterius mulieris, ob jus illud quod Chriftus feminæ pudicitiam servanti dedit in maritum."-" By the law of Chrift -"By “a marriage is null and void with him, who " is the husband of another woman, because "of that right which Chrift gave to the wo"man to preferve her chastity over her hus"band."

CH A P. VI.

POLYGAMY a CIVIL INCONVENIENCE.

A

S Polygamy is prohibited by the divine law, fo it is alfo by the policy of all prudent nations; undoubtedly besides other reasons, because it is, as Judge Blackstone obferves, "fo great a violation of the public œconomy and decency of a well-ordered state." Comment. b. iv. c. 13.-From what has been already obferved, I may affert that our municipal law, with refpect to marriage, is grounded on natural law, and does not create, but only enforce, difabilities. In regard to a man's having a plurality of wives at once in particular, I may fafely say the law of God has expreffly forbid the banns, and fociety and government have feconded this, which is highly neceffary in the prefent corrupt state of things, by civil difabilities intended to operate as most effectual preventives of course they are fuch that they make the contract void ab initio,-they

do

do not diffolve a contract already made, but they render the parties incapable of forming a contract at all; and confequently, if under the legal incapacity of a prior marriage undiffolved, any two come together, it is not confidered by our laws as a matrimonial, but merely a meretricious union. All christian states have adopted this policy, either because confonant to the law of God, or calculated for the good of fociety-or both. And the canonical difabilities concur, which are grounded on the exprefs word of God, or plainly deducible from it :-if so, then it must be finful for any, thus previously incapacitated, to attempt to contract matrimony. Indeed, if we look back into the political history of antient nations, and that of the Orientals in particular, we shall find, that, excepting a few, where the gratification of the most shameful luft had the fanction of religion, the reft unanimously prohibited polygamy by law ;-but practice was different, which inconfiftency cannot be accounted for, but by fuppofing growing luxury and licentioufnefs to have had fuch influence over the minds of men, as to lead them to every D d 2 vice,

vice, and not only to despise human institutions, but also to fet the laws of the Almighty at defiance. Multitudes of inftances of this kind might be produced; but, as these facts are so well authenticated, and fo well known, it is quite needlefs. I know many fpecious reafons have been urged for polygamy among the Eaftern nations; but many fenfible writers have fully proved them groundless and fallacious. Juftinian, even in Modern Turkey, is clear that duas uxores eodem tempore habere non licet;

certainly then it must not only be fo, but impolitic in Northern countries, where the climate feems to reclaim against it, as well as every other confideration.

FROM what has been faid, and much more that might be faid to the fame purpose, which must be obvious to every one the least converfant with hiftory, it will not be impertinent to suppose, that, as polygamy was generally difcountenanced and prohibited by legiflators, it is contrary to the best reafon of mankind, and inconvenient to civil fociety. * Inft. 1. 10. 6.

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