too, as in the Marian Islands. But the wifeft and moft rational people have drawn a line between thofe, and have denominated both parties adulterers, and punished them as fuch.

I CANNOT finish this chapter, without taking notice of Madan's great contempt of Ecclefiaftical Courts ---He calls them

Reliques of the Pope's tyranny;" feems to rejoice at their feeble power, and hints obliquely their non-neceffity. I afk him what he calls the concurrent jurifdiction of Aaron, the priest of the Lord, with Mofes, as also that of the Priests and Levites with the Elders afterwards? As there was in that government, which was immediately under the inspection of the Deity, an ecclefiaftical as well as a civil jurifdiction, not for temporary or local purposes, but for the good of fociety;

I an

am therefore an advocate for the existence of ecclefiaftical courts ---As to the want of fome new regulations in the mode of their proceedings, that is quite another thing.

CHAP

CHAP. VI.

Co

On CONCUBINAGE.

NONCUBINAGE is a criminal and prohibited commerce between the two sexes, in the moft general acceptation of the word, and nearly fimilar to what modern refinement has denominated Keeping. If it cannot be properly denominated whoredom, yet most certainly it is a species of lewdness that is antifcriptural, and repugnant to the feventh commandment; which I conceive virtually to prohibit all unchasteness. This idea of its moral intent is most rational and liberal, and I may add, agreeable to the opinions of our best and most learned divines, But when the man has a wife too, I denominate it Adultery, for reasons already affigned. Concubinage, in a more restrained fenfe, is the cohabitation of a man and woman in the way of marriage, without its ceremonies and folemnity,---the marriage of nature; but below that of pofitive Inftitu

tion in dignity and civil effect. This natural connection, between one man and one woman, as there was a probability of real marriage in the way of God's appointment, and that of civil fociety, had feveral privileges, and was antiently tolerated; but was of perpetual obligation. The Roman Law denominates this fort licita con

fuetudo---an allowed cuftom; but then it was only licita---allowed to fingle perfons; nor did its privileges extend to a plurality of concubines; however, their issue, though not legitimate, were capable of donations. In this predicament were the concubines of the Patriarchs, whom we improperly call wives ;--those that are wrongly denominated wives, most probably were taken with some ceremonies, but not fuch as constituted real marriage; but others without. Martin Bu cer, one of our Reformers, has spoken very indistinctly of the Jewish concubines, indeed contradictorily :---Concubinæ erant legitima uxores ;---this is a contradiction in terms, and he immediately corrects himself by saying, that they were not real wives; Sed hoc a matronis differebant, quod fine dote,

et

et fine folenni fanctificatione recipiebantur ; which may be paraphrafed thus," They differed from real and legal wives in this, that they had not the dowry of virgins espoused or betrothed, and their being taken without the facred folemnities of marriage." Here you mark a fpecific difference between a wife and a concubine among the Jews; they were taken fine dote, et fine folenni fanctificatione, which by divine appointment conftituted the validity of marriage. This most probably was the fituation of the DD concubines of the patriarchs. They have been denominated wives of the second rank: (See Univ. Hift. Vol. 3. p. 141.)-but this is only by way of distinction from concubines of a lower order. But to proceed in distinguishing minutely, the difference between a wife and a concubine, and the inferiority of the latter; they were humiliore loco-in a lower Sphere, as to the management of domestic matters, and the fucceffion of their fons; and they were not adjutoria-help-mates, of a degree fo fuperior as to enjoy a communion

* In Enar. ad. Cap. 19. Lib. Jud.

of all things with their hufbands, as miftreffes of the family. See Bucer. enar. ad cap. 19. Lib. Judicum. Therefore they were not wives. They do not answer the defcription of the firft wife, for fhe was a "help meet" for Adam, and was to enjoy a communion of all things. Yet though inferior to a real wife, they were rather more reputable than mistresses among us. This fort of Concubinage was, by Mofes's authority, and before him, by patriarchal example, legitimum genus, as Bucer denominates it,—an allowed fort; which will account for its lafting obligation, and also for concubines being otherwise denominated in the Hebrew Bible than harlots; and I will just add, of this description were all the women of the patriarchs, except one, who was a real and legal wife. The want of specific names in the Hebrew, as well as the Greek language, for husband and wife, has rendered this matter lefs clear, and left room for endlefs quibbling difputation. The indefinite term his women,-tranflated wife, implies no more than merely taking poffeffion of a woman; fo for want of specific

names