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TION

DIVINA- several arrows the names of the cities they intended no less general than that in artificial, and is, most DIVINA TION. to assault, and then, putting them all together pro- probably, referable to the same traditional origin. It

miscuously in a quiver, they drew them out thence as is from this branch of the subject that the term uavtika), lots are drawn ; and that city whose name was writ- whereby the Greeks expressed Divination in general, ten on the arrow first drawn, was the city they first is derived ; a paivw, furo. (Plat. in Phædro.) The made war upon.”

persons affected with visions or oracular intelligence From the East the visionary science of Divination became suddenly distracted, and uttered the dictates passed into Europe. The imaginative character of the of the inspiring power in obscure and incoherent Greeks easily procured it their welcome and respect, language. The period of approaching death, in partiparticularly in the Province of Elis, where it was cular, was regarded as especially favourable to these most especially cultivated in the families of the Iami- prophetical ecstasies; and this opinion has been advodæ and the Clytidæ. But the Greeks were inquisitive cated by many persons of cultivated abilities. Nothing, as well as enthusiastic, and their Statesmen and certainly, in favour of it is to be concluded from the Generals who countenanced Divination for its sup- circumstance of Jacob's prediction on his deathbed posed political advancements, were ready to dispute concerning the fortunes of his posterity, or from its pretensions whenever these advantages appeared Isaac's declaration under the same circumstances; opposed to it. It seems, however, to have been more Sacred Writ, if thus distorted, might be made to fortunate with the Philosophers ; a circumstance prove the present ordinary influence of a prophetical only explicable by the supposed connection of this spirit. These early events, however, may not have doctrine with that of the existence of the Gods, a been without effect on the heathen nations, among point which few were willing to surrender. It was, whom this belief has extensively prevailed. Even however, consistently opposed by Epicurus, and openly at the approach of violent death, the spirit of prophecy attacked by Anaxagoras, Xenophanes of Colophon, was supposed to be active, and thus Patroclus beneath and Democritus.

the spear of Hector foretels the ruin of his foe, which No nation ever attained a greater celebrity in the Hector himself, afterward, retorts on Achilles. The arts of Divination than Etruria. But although their existence of natural Divination is still matter of imdiscipline was manifestly derived from the East, they plicit faith in the Highlands of Scotland, and in parts pretended to style themselves the authors of the of Wales ; in the former country it is called Second science, or, at least, its first recipients from the Gods. Sight, and Dr. Johnson, in his Tour to the Hebrides, The means by which they obtained so perfect an ac- although he admits that it is incapable of proof, can quaintance with this mysterious branch of knowledge scarcely be said to suspend his assent to it. were altogether worthy of the subject. An Etrurian Natural Divination, among the Jews, was no less ploughman, happening to drive his share somewhat strictly interdicted than artificial. The communicadeeper than usual, was surprised by the sudden ap- tions, indeed, with which it pleased God to favour pearance of a boy from beneath the ground. The individuals of that nation, were, in strictness of speech, worthy rustic alarmed the neighbours, and, in con

natural Divination : yet were there among them presequence, all Etruria resorted to the spot and learned tenders to the prophetical character, like those at the from the lips of the subterraneous stranger, who was Court of Ahab, the futility of whose authority was no other than a God, named Tages, the doctrines of soon demonstrated by the event. But those who were Divination, which were carefully committed to writing. principally forbidden were the niaix, dyjaotpipvooi, as The absurdity of this story is ridiculed by Cicero, who the word is rendered by the LXX, persons who blames himself for undertaking the refutation of any pretended to give uracular answers from a spirit thing so manifestly preposterous. (De Div. ii. 23.) within them. “ The woman who had a spirit of Whatever credit it might receive from the Romans in Python,” mentioned in the Acts, was one of these. So general, the system of which this ridiculous legend also was the Witch of Endor. was the professed origin and basis was diligently It is observable that although Divination is a science cultivated at Rome, where Diviners from Etruria which has been cultivated in all ages by every nation, were in the highest estimation, and whence youths of and after every conceivable manner, we have no authe first families were sent to the Etrurian nations to thenticated accounts of the reality of its operations, imbibe the rudiments of their discipline.

and many demonstrations of its failures. The restless It is not improbable that the Etrurians, in order to propensity to inquiry which possesses the human establish this presumption of originality, purposely mind, has hitherto been unable to establish any philoaltered and invented many of the ceremonies for sophical scheme for the discovery of those facts which which they were indebted to the Lydians, or other are the province of the Diviner's speculations; and nations. Their method of taking the auspices was his art is, therefore, most justly classed among those directly contrary to that of the Greeks, and their which are exploded. auguries had frequently opposite interpretations to Peucer, de præcipuis Divinationum generibus ; Boisthose received among the nations of Celtic origin; saret, de Divinatione et magicis Præstigiis, &c.; Bulenger, from which circumstances Cicero takes occasion to Opusculorum Systema, vol. i. ; Combachius, Disquisitiones confute the whole theory of augury. (De Div. ii. passim.) duo, de Caseo et de Divinationibus. The superstitions in use amongst ourselves, and those Among the Arabs the science of Prognostication nations with which we are best acquainted, are of a (Ilmi firáset) or art of discovering secret objects by the mixed nature, partaking of the practices of their and interpretation of mysterious indications, known only our Scythian, Celtic, and Teutonic ancestors, and of to adepts, is subdivided into twelve branches : 1. Phythose introduced by the universal influence of Rome, siognomy, (firásah ;) 2. Phantasmognomy, (khaïlatthe great conservatrix of Etrurian mysteries.

wa-shamut; 3. Chiromancy, (ásárír ;) 4. Onomancy, The belief in natural Divination, as it is termed, is (aktáf ;) 5. Ichnomancy, (iyáfan ;) 6. Sehematomancy,

DIVINA- (kiyáfah ;) 7. the art of discovering the road in a the Arabian romances.

The last subdivision is pro

DIVINATION. desert, (ihtida bi 'l berárá wa'l acfár ;) 8. of finding perly a part of medicine, for it is the art of fortelling

TION. DIVORCE, springs, (riyáfah;) 9. minerals ; 10. the prognostica- from convulsive twitchings of the limbs diseases by DIVORCE.

tion of storms, (nuzúli ghuïth ;) 11. Hydromancy, which a man is about to be attacked.
(crúfah ;) Spasmatomancy, (ikhtiláj.)

Another mode of predicting future events is called
Some of these subdivisions are too well known to Al-zaïrajiyyah by the Arabs, (D'Herbelot, Zairagiah,)
need further illustration ; but of others, as being less but it is entirely astrological, and therefore does not
familiar, a brief explanation may be given. The come under this head. The uzlám, or headless unfea-
second teaches men to foresee and to foretell future thered arrows, by which Pagan Arabs ascertained the
or distant events from the images which fancy presents will of Heaven, were certainly instruments of Divina-
to the mind. This seems to correspond pretty nearly tion in the manner we have described above. As such
with the Second Sight of the Scotch. The fourth they were found in the hands of Hobal and of Abraham,
branch seems to be peculiar to the Arabs, and is when Mobammed commanded his followers to hew
closely allied to Chiromancy. It consists in predict- down those idols and cleanse the sanctuary of the
ing the future from the lines and dots on the Kabah, (Pococke, Spec. 96 ;) and as these Divining
shoulder blade of a sheep, when placed in the sun ; arrows kept alive the recollection of the idols to
and the discovery of it is ascribed to Ali. The fifth is whom they were dedicated, he prohibited the use of
the art of finding out the figure, peculiarities, oc- them. (Koran, v. 99.) Elfál, (the taking of an
cupations, &c. of men or beasts by the traces of their omen,) another of these practices is much in repute
posture, position, and footsteps. This is exemplified in among the Arabs and Persians; and it exactly corres-
the celebrated story of Nezar and his sons, (Meidanii ponds with the Sortes Virgilianæ of the Romans, being
Prov. a Schultens, p. 301,) which suggested to Vol- an augury rather than a species of Divination. Als
taire the well known passage in the beginning of retem, the tamarisk, signified among the ancient
Zadig. This, however, is rather the exercise of saga- Arabs, the custom of tying together the boughs of
city and observation, than the result of any superna- one of those shrubs, on setting out on a journey, in
tural knowledge. Nearly allied to it is the next sub- order that the fidelity of the traveller's wife might
division, by wbich the tribe and family of a man, his be known to him on his return. If the boughs were
birth, &c. are inferred from the form of his limbs, his found untied it was clear she had been inconstant.
make, gait, appearance, complexion, &c. The most The ilmu'r-reml, or Geomancy, is another of the occult
skilful practitioners in this art are the Arabs of the sciences cultivated in the East, and closely allied to
tribe of Medíkh, among whom the study of it is here- the present subject; it does not, however, strictly
ditary. Nothing but experience can teach it, says the belong to it, and may be justly classed with the magic
Imam Shaffi ; and it is evidently as remote as the last arts, as most of its professors are more desirous of
from Divination in its proper sense. Such are likewise being considered as conjurors than as philosophers.
the three following branches, (Nos. 7, 8, 9,) which are D'Herbelot, Bibliothèque Orientale, ad voc. Aktaf, Zaira-
acquired by study and observation, not derived from giah, and Raml.; Alcoranus, ed. Maracci; Sale's Koran ;
any divine impulse or preternatural faculty. The art Pococke's

Pococke's Specimen Historiæ Arabum ;

; Chardin's
of discovering the way through a trackless wilderness, Voyages ; Sciences des Persans, ch. x. tom. v. p. 430,
is ascribed to a knowledge of the smell of the soil, ed. de Langlès ; M. Von Hammer's Encyklopædische
and of the position of the stars. It was first learnt, Uebersicht der Wissenchaften des Orients, Leipzig, 1804,
say the Arabs, from horses or camels. Springs, mine- 8vo. ii. 462, seq.
rals, and approaching storms, add their writers, in like Divination, in Roman Law, was an inquiry respect-
manner may be discovered or foreseen by those who ing the accuser who should be selected when two or
have carefully observed certain external signs in more persons offered themselves for that purpose.
the earth and in the sky, which are infallible evi- Asconius in his argument to Cicero's speech (Divina-
dences of the existence of the one and of the ap- tio) previous to the trial of Verres, assigns the following
proach of the other. The last branch but one is, reasons for its name, of which the reader may select
however, more properly a kind of Divination, as it for himself that which seems least forced. Divinatio
enables the adept to show in water or a mirror, the dicitur hæc oratio, quia non de facto quæritur sed de
image of an absent person, what he is doing, &c. &c. futuro quæ est Divinatio et conjectura uter debeat accu-
It was by this art, we are told, that an unlucky hus- Alii ideo putent Divinationem dici quod injurati
band saw his wife, whom he had left at home, indulging judices in hâc causá sedeunt, ut quod velint præsentire de
in some unseemly familiarities with another man ; utroque possint. Alii quod res agatur sine testibus, et sine
and discoveries, supposed to have been thus made, are tabulis, et, his remotis, argumenta sola sequantur judices,
among the most common incidents introduced into

et quasi Divinent.

sare.

DIVORC E.

DIVORCE, v. Fr. divorcer ; It. divorzare; Low to part, to separate, to sunder ; particularly applied to
Divo'rce, n. Lat. divortiare ; Lat. divertere, di- the separation of the bonds of matrimony,
Divo'RCEMENT, versum, to turn away, aside or
Divo'RCER, >apart ; because then the wife di- The same law y' ioyneth by wedlocke without forsaking, the
Divo'rCIBLE,
vertitur a marito, is turned away deined and declared.

same law yeueth libell of departicion bicause of diuorce, both
Divo RCIVE, from the husband.

Chaucer. The Testament of Loue, fol. 309.
DivoʻRCE-BILL. J To turn or put away or apart;

and on this point the Conumentators) ,ערות דבר renders

TT

DIVORCE. For whan they by such dyuorcementes attempte to driue the and married her, and it come to pass that she finds no DIVORCE. againe to the nūnery, they make theyr poor husbandes, advow

favour in his eyes, because he has found some uncleanterers in dede, in takynge other women, their owne wyues beynge

ness in her, then let him write her a Bill of Divorcealyue.

Bale. Apology, p. 84.

ment, and give it into her hand, and send her out of
Why did not time your joined worth divorce,

his house. And when she is departed out of his house
T have made your several glories greater far ?
Too prodigal was nature thus to do,

she may go to be another man's wife ; and if the
To spend in one age what would serve for two.

latter husband hate her and write her a bill of DivorceDaniel History of the Civil Wars, book i. ment, and giveth it into her hand, and sendeth her So that instead of firding Prelaty an impeacher of schism or out of his house, or if the latter husband die which faction, the more I search the inore I grow into the persuasion to took her to be his wife, her former husband which sent think rather that faction and she, as with a spousal ring, are her away inay not take her again to be his wife, after wedded together, never to be divorc'd.

that she is defiled, for that is abomination before the Milton. Works, vol. i. fol. 51. The Reason of Church Government.

Lord.” Whatever the uncleanness as the text, or the
0! who would not recount the strong divorces

matter of nakedness as the margin of our translation
Of that great warre.
Spenser. Virgil's Gnat.

, (
So much reverence in him did I find both then, and divers
times before, against this divorcement.

are divided,) it is plain that it did not amount to adulState Trials. Case of the Countess of Esser.

tery, for this was punishable by death. (Deut. xxii, Patroclus (so enforc't

22.) The school of Shammeh, which flourished When he had forc't so much brave life) was from his own divorc't. shortly before our Saviour, confined the uncleanness to And thus the great divorcer brav’d.

some act of infamy. Hillel (a disciple of Shammeh) Chapman. Homer. Iliad, book xvii. fol. 234.

and his followers taught that much lighter causes In the ordinary bills of the Jewish divorce, the repudiated wife justified Divorce: namely, if the husband liked another bad full scope given her of a second choice ; as the words ran; she was to be free, and have power over her own soul; to go

woman better; if the wife did not dress his meat well, away: and to be married to any man whom she would: they &c. It is plain, both from Josephus and Philo, that were not more liberal than our Romislı livorcers are niggardly. the last of these Rabbis held the interpretation upon Hall. Works, vol. iii. fol. 849. Cases of Conscience. Decad. 4.

which the practice of the Jews was most generally case 3.

founded. (Calmet, ad v.) The form of the Bill of DiIf therefore the mind cannot have that due society by marriage,

vorcement, nona D, is given by Godwyn, (Moses that it may reasonably and humanly desire, it can be no human society, and so not without reason divorcible : here be falsifies.

and Aaron,) vi. 4, on the authority of Moses Kotsensis, Milton. Works, vol. i. fol. 307. Doctrine, 8c. of Divorce.

(fol. 133,) and Moses Egyptius, (ii. fol. 59,) and runs This therefore may be enough to inform us, that divorcive adul

as below: tery is not limited by our Saviour to the utmost act, and that to be attested always by eye-witness, but may be extended also to

“Upon such a day of the week, such, &c. of the divers obvious actions, which either plainly lead to adultery, or

moneth N, such or such a year of the Creation of the give such presumption whereby sensible men may suspect the World, according to the computation which we use deed to be already done.

Id. 16. fol. 205.

here in this city N, situate near the River N, that I of Thus our Eighth Henry's marriage they defame;

the country N, the son of the Rabbi N, of the counThey say the schism of beds began the game,

try N, but now I dwelling in such and such a place, Divorcing from the Church to wed the dame.

near such and such a river, have desired of my own Dryden. The Hind and the Panther.

free will, without any coaction, and have divorced, They urged the permission of Moses, who had allowed them to

dismissed, and cast out thee, thee I

my

wife put away their wives, if they gave them a writing of divorcement,

Sharp. Works. Sermon 12. vol. iv. N, of the country of N, the daughter of Rabbi N, Who would have imagined that the desire which Henry VIII. dwelling in such or such a country, and dwelling now had to be divorced from his wife, would have brought about the

in such or such a place, situate near such and such a Reforination in England ?

river, which hast been iny wife heretofore ;
Priestley. On History, Lecture 3. part i. I do divorce thee, dismiss thee, and cast thee out,
On the 2d of April, 1800, Lord Auckland, after expatiating very

that thou mayst be free, and have the rule to thyself, forcibly and eloquently upon the enormous increase of the vice of and to depart and to marry

with
any

other man, whom
adultery, and the perversion as well as the abuse of many divorce- thou wilt; and let no man be refused by thee for me,
bills which had passed the legislature of this country, moved to from this day forward for ever. Thus be thou law-
bring in a bill to prevent any person divorced for adultery from
intermarrying with the guilty person.

ful for any man, and this shall be to thee from me, Horsley. Speeches in Parliament, p. 259.

a bill of separation, a bill of Divorce, and a letter of

dismission, according to the law of Moses and Israel. The more ancient laws of Rome, which prohibited divorces, are extremely praised by Dionysius Halycarnassæus. Wonderful was

N, the son of N, Witness. the harmony, says the Historian, which this inseparable union of

N, the son of N, Witness." interests produced between married persons ; while each of them The ten following particulars were considered considered the inevitable necessity by which they were linked requisite for the foundation of a Divorce, according together, and abandoned all prospect of any other choice or establishment.

to the same authorities : “1, that a man put not his Hume, Essay 19, vol. i. Of Polygamy and Divorces.

wife away but of his own will ; 2. that he put her Among the Romans, more than four ages elapsed, from the away by writing, not by any other thing ; 3. that foundation of their city, without any complaint or process on

the matter of the writing to Divorce her and put account of adultery; and it was not till the year 521, that they her away, be out of her possession ; 4. that the saw the first divorce; when, though the canse was specious, the matter of the Divorcement be between him and her ; indignation of all Rome pursued the divorcer to tlie end of his

5. that it be written by her name ; 6. that there days. Horne. Works. Discourse 8. vol. vi. p. 109.

be no action wanting after the writing hereof, save The Jewish Law of Divorce was founded upon the delivery of it unto her; 7. that he give it unto Deut. xxiv. 1-4. “When a man hath taken a wife her; 8. that he give it her before witnesses ; 9. that

say, thee

but now

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VOL. XXI.

2 A

DIVORCE. he give it her by the law of Divorces ; 10. that it by proxy, and Plutarch (Alcibiades) bas recorded DIVORCE

be the husband or his deputy that delivereth it unto the advantage which Alcibiades gained by the
her."

necessity of this form. His wife, Hipparete, wearied
The Bill of Divorcement was written by a Scribe. by his infidelities, took refuge in her brother's house.
The Divorced woman was not permitted to marry While she was going from this, to appear personally
within ninety days, in order that it might be ascer- before the Archon, in order to sue out a Divorce,
tained whether she was pregnant, and thus to prevent Alcibiades seized her (as he was entitled to do by
her bearing a child concerning whose descent, on the law) forcibly conveyed her to his home, and com-
father's side, any doubt might arise.

pelled her to remain with him till her death. The
Josephus is of opinion that the Law does not per- law, continues Plutarch, by enjoining this personal
mit women to Divorce their husbands; and therefore attendance of the woman, probably designed to give
that it prohibits such as may have separated themselves the husband such an opportunity to meet with and
from marrying again without a Bill of Divorcement. recover her. The portions of Divorced women were
(Ant. xv. 11.) The practice, however, was widely returned with them; and if the husband failed in doing
different: Salome, sister to Herod the Great, put this, nine oboli per month might be claimed from him
away her husband, as is inferred from Ant. xviii. 7. as alimony. (Demosth. in Neæram.)
So also did Herodias, (Mat. xiv. 3 ; Mark, vi. 17.) If Plutarch (in Rom.) inay be credited, the founder
The three sisters of the younger Agrippa Divorced of Rome did not permit a woman on any account to
their husbands : namely, Berenice, Polemo King of Divorce her husband. The husband might Divorce
Pontus; Mariamne, Archelaus; and Drusilla, (who his wife for three causes : 1. poisoning his children

;
married Felix,) Aziz King of Emesa. (Ant. xx. 15.) 2. counterfeiting his keys; 3. adultery. If he put her

The modern Jews throw more obstacles in the way away on any other account, half his goods were for-
of Divorce. Many formalities are appointed, which feited to the wife, and the other half to Ceres. Who-
consume much time, and give opportunities for recon- ever Divorced his wife, was also to make an atonement
ciliation; when all hope of this is extinct, the Bill of to the Gods of the earth.* It was long, however,
Divorcement is written by a woman, a scribe, or a before the Roman husbands exercised their privilege,
deaf man, in the presence of one or more Rabbis, on which is believed to have been incorporated with the
vellum, in square letters, and in twelve lines. Many XII. Tables, and the name of the first who Divorced
trifling and mysterious particulars are observed in the his wife is handed down to us, (Plutarch, Comp. of Rom.
characters and mode of writing. The writers, the with Theseus ;) A. U. c. 523, Spurius Carvilius Ruga
Rabbis, and the witnesses are all prohibited from repudiated his wife for sterility. He made oath be-
being relations among each other, or to either of fore the Censors that he was deeply attached to her,
the parties. A Rabbi then examines the husband and that his act was solely occasioned by her barren-
closely, to learn if the Divorce be voluntary on his ness, and his own wish to beget children for the good
part. Ten witnesses are required to be present to of the State. (Dion. Hal. xi. 25 ; and Aul. Gell. iv. 3.)
the whole proceeding, two more to the signature, and Notwithstanding this declaration, he became eminently
yet two more to the date of the Bill of ivorcement. unpopular. Montesquieu bas explained this circum-
If the Rabbi finds the husband fully determined, he stance by stating, that it was not the simple Divorce
commands the wife to open her hands and bring them which created the odium against him, but his obse-
close to each other, in order to receive the deed, lest quiousness to the Censors, who sought to establish a
it fall to the ground. He then examines the wife; precedent by which they might force the people to
after which the husband presents her with the parch- bring up their children.
ment, and declares her free. The husband may marry The facility of Divorce in the latter days of the
again immediately, the wife after an interval of ninety Republic, and in the whole course of Imperial Rome,
days. (Calmet.)

may be traced in every contemporary writer. The
The Grecian Law of Divorce varied in different right of the two sexes became equal. Augustus for a
States. In Sparta the practice must have been un- time endeavoured to check this licence, and required
common, for Lysander was fined by the Ephori for the presence of seven witnesses, before whom the
repudiating his wife, (Athen. xiii. 1, on the authority marriage contract should be torn. If a marriage
of Hermippus ;) and yet the Lacedæmonians, by the had been contracted by Confarreatio, the ceremony
institutions of their singular legislator, were not per- Diffarreatio (q. v.) was necessary for its dissolution.
mitted to place much regard on the delicacy of the If by Coemplio (the mutual purchase, in which the
marriage bed, if the violation of it could be supposed bride and bridegroom delivered to each other, with
to contribute to the public welfare. In Athens, either certain forms, a small piece of money,) Remancipatio
husband or wife might procure a Divorce by exhibit- was required. The common forms used before the
ing to the Archon a Bill containing some ostensible above-named witnesses, after the hearing of the
reason, and receiving the consent of a Jury ap-
pointed by that magistrate. Nevertheless, if we may Gibbon has so strangely misrepresented this passage, that it
form a judgment from the terms by which this mea- is scarcely possible that he can have referred for it to the origi-
sure was distinguished, as it regarded the different

nal. “According to Plutarclı, Romulus allowed only three causes
sexes, it may be believed that while in the man it was

of a Divorce-drunkenness, adultery, and false keys. Otherwise

the husband who abused his supremacy, forfeited half bis goods considered as a prerogative, which he might exercise to the wife, and half to the Goddess Ceres, and offered a sacrifice at his discretion, in the woman it was looked upon, (WITH THE REMAINDER,) to the terrestrial Deities.” (Decline and in some degree, as attended with disgrace.

Such Fall, ch. xliv. vol. viii. p. 51.) It would be difficult to find the may be the deduction from the two words à OTONTA, moieties of it. Drunkenness is not mentioned by Piutarch at all;

remainder of that man's property who had already forfeited two dismission, and åróleyres, desertion. (Petit. Comm. in and he plainly implies that all Divorces require an oifering of Leg. Att. vi. 3.) The Bill could not be presented expiation to the terrestrial Gods.

DIVORCE. contract, were the surrender of the keys by the wife, By this the parties are separated pro salute animarum, and DIVORCE.

and her dismissal, in some such words as these. are allowed to marry again, the wife receiving back all Res tuas tibi habeto. Tuas res tibi agilo. Exi, eri she brought with her, and the issue of such marriage beocyus. Vade foras. I foras, Mulier. Cede domo. If it ing bastardized. (Coke,on Lit. 235.) The latter separates were the wife who Divorced the husband, she said, the parties a mensd et thoro for some cause arising subValeas, tibi habeas tuas res, reddas meas. In the Repu- sequent to marriage; as ill treatment or adultery in dium, which was an annulment of betrothing before either of the parties, but does not permit them to consummation, the forin was Conditione tuđ non utar. contract a second marriage whilst either party is living;

The Theodosian Code (tit. de Repudiis) enumerated for which, since it refuses that which our Saviour asthe following as legitimate causes for Divorce. If the signed to be the only fit cause for Divorce, the best reahusband could prove the wife to be an adulteress, a son that can be given, is that if Divorce were allowed witch or a murderess; to have bought or sold to slavery to depend upon a matter within the power of either any one freeborn; to have violated sepulchres; com- of the parties, they would probably become extremely mitted sacrilege ; favoured thieves and robbers; been frequent. (Blackstone, i. 15. 2.) The Court allows desirous of feeding with strangers, the husband not alimony to the wife, unless in case of elopement with knowing or not willing; if she lodge forth without a the adulterer. This Divorce does not debar the woman just and probable cause ; or frequent theatres and of her dower, nor bastardize the issue. sights, he forbidding; if she be privy with those that The dissolution a vinculo matrimonii may however be plot against the State; or if she deal falsely; or offer obtained by an Act of Parliament specially for the purblows. And if the wife can prove her husband guilty pose, after the sentence of Divorce a mensd et thoro has of any those forenamed crimes, and of frequenting the been pronounced in the SpiritualCourt. The Bill genercompany of lewd women in her sight, or if be beat her, ally originates in the House of Lords; on the petition she has the liberty to quit him, with this difference, for it an official copy of proceedings, and sentence of Dithat the man after Divorce inay forth with marry again, vorce a mensd et thoro in the Ecclesiastical Courts, at the the woman not till a year after, lest she may chance to suit of the petitioner, must be delivered at the Bar; and have conceived.

upon the second reading the petitioner must attend
Christianity has put an end to this capricious dissolu- the House, to be examined at its pleasure at the Bar
tion of the nuptial bond, which had become so com- relative to collusion, &c. A clause must be contained
mon both in the Jewish and Pagan world at the time in the Bill, preventing the interinarriage of the offend-
of the appearance of our Saviour. When the Pharisees ing parties; and when it arrives at a Committee of
tempted our Lord, by inquiring from him whether it the House of Commons, evidence must be given that
was lawful for a man to put away his wife for every an action for damages has been brought against the
cause; be showed them from the first institutions of seducer, and judgment obtained thereon, or a sufficient
nature that God had forbidden polygamy; and then, as a reason assigned for the contrary. Till the 44th of
consequence, that Divorce ought not to be permitted Elizabeth a Divorce for adultery was considered to be
unless on account of adultery: although the Jews a vinculo mutrimonii; but then in the case of Foliambe,
from the hardness of their hearts were not prepared in the Star Chamber, that opinion was changed, and
to receive this doctrine in the time of Moses, (Matt. Archbishop Bancroft, having advised with the leading
xix.)

Divines, held that adultery was only a cause of Divorce
Our Saviour's declaration naturally became the a mensá et thoro. 3 Salk. 138.
foundation of the law of Divorce in all Christian

The quarrel of Milton with his wife, and his inten-
countries; but when the Romish Church exalted tion of repudiating her, in consequence of her con-
marriage into a sacrament, Divorce, considered in its temptuous refusal to return to him, need not be de-
legitimate meaning, was abolished ; and the Canonists tailed here. In defence of the resolution which he
asserted that it was altogether impious and impos- had adopted in his resentment he published in 1644,
sible. Hence arose the distinction still maintained in

The Doctrine and Discipline of Divorce; restored to the good our English law; certain causes subsequent to marriage, of both seces from the bondage of Canon Law, and other and among these adultery, might give rise to a legal mistakes in the true meaning of Scripture in the Law and separation, in which, however, neither party was per- Gospel compared. Where also are set down the bad consemitted to contract a new alliance in the life-time of quences of abolishing or condemning as Sin that which the the other; and certain other causes, existing at the

Law of God allows, and Christ abolished not. It is contime of marriage, might render it void ab initio ; but in tained in two Books, and addressed to the Parliament neither of these cases could Divorce strictly speaking of England and the Assembly. Some of the arguments be said to take place.

used in this Treatise might almost lead a careless Thus therefore Divorce in our Law is of two kinds, reader to imagine that it had been penned ironically; a vinculo matrimonii and a mensd et thoro. The former ab- the fifth reason advanced in favour of the continusolutely dissolves the marriage, and makes it void from

ance of the Law of Moses relative to Divorce, (which the beginning ; the causes of it being precedent to the Milton asserts our Saviour neither did nor could abromarriage; as consanguinity or affinity within the Levi, gate,) is stated as follows, “That nothing more hinders tical degrees, præcontract, impotency, &c. comprised and disturbs the whole life of a Christian than a matriin the following lines, in which some of the obstacles

mony found to be incurably unfit." The eighth is, “That require a clearer interpretation than it is in our power it is probable or rather cettain, that every one who to afford :

happens to marry hath not the calling, and therefore Error, Conditio, Votum, Cognatio, Crimen,

upon unfitness found and considered, force ought not to
Cultus, Disparitas, Vis, Ordo, Ligamen, Honestas,

be used." The first edition of this Tract was printed
Si sis affinis, Si forte coire nequibis,
Si Parochi et duplicis desit præsentia testis,

anonymously, "My name I did not publish, as not willing
Raplave sit mulier, nec parti redulita tutæ.

it should sway the reader either for me or against me;

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