one, which was allowed to be a diffolution of the marriage-bond, and that was-the woman's uniting herself to another man than her husband; this is the true fcriptural idea of adultery. The moment this happened, the husband was totally released from all obligation to her, or union with her; and, as appears alfo from the mind of GOD, afterwards declared in the farther promulgation, and more explicit revelation of His law, might not only put ber " * Dr. Ayliffe, as cited in Burn's Ecclef. Law, Tit. Marriage, fays-that a divorce a vinculo matri"monii cannot be for adultery, for that the offence is "after a juft and lawful marriage ;" and cites 1. Inft. 88. This was the doctrine of Father Soto at the council of Trent, adopted by that Synod, and decreed, with an anathema, against all who should say that the church had erred in fo determining. This doctrine of the "contract not being diffolved "by the adultery of the wife, fo as that the husband "might marry again," was vehemently opposed by the Lutherans, who did maintain, that "adultery 46 was a cause of divorce a vinculo matrimonii." However, this kingdom has adopted the doctrine of the papists-wherefore the Ecclefiaftical Courts can go no farther than a divorce a menfa et toro, in cafes of adultery; nor can the injured husband get rid of the adulterefs, fo as to marry again, without a fpecial A& of Parliament, which now takes place of the Pope's difpenfation for that purpofe;-a mode of remedy this, inftituted of man, not of GoD-profitable to thofe who are to receive their fees-expenfive to thofe who are to pay them ;-fo expensive, as to be totally out of the reach of the generality, who are, by thefe means, deprived of that relief which they are her away, but, if he chofe to bring her to a public trial, have her, and the man who defiled her, put to death. This, as appears from the whole tenor of the law as delivered ipfo facto entitled to by nature, reason, and feripture. -Compare Matt. v. 31, 32. with Jer. iii. 8. and confider well to cut off; and donvento fet loose, or releafe. Thefe words are of much stronger import than doinu-to fend away, or difmifs from cohabitationwhich we are to understand to be the meaning of St. Paul, 1 Cor. vii. 11. yuvaîna un apsiva-and ver. 12. μù déla avluv; this certainly anfwers to the idea of a difmiffion from cohabitation, or a divorce a menfa & tore -but D-libellum excidii, or bill of cutting off, must be meant of the bond itself, and fo is it always to be understood in the Hebrew fcripture. This was in the hufband's own power, without the interference of any, unless of the witnesses before whom perhaps it might be figned, though certainly lawful in God's fight, in no cafe, where the marriage itfelf had been juft and lawful-wapen] 2078 opvelas, as the infallible interpreter of the divine law fpeaks, Matt. v. 32.-except for the cause of fornication:-there the idea of divorce is expreffed by απολύω-"Ος ἂν ἀπολύσε τὴν γυναῖκα αυτέ, &c. Now ἀπολύω fignifies to Loofe-fet loofe or releafe as from a bond, and fo to divorce a wife by loofing the bond of marriage, which, that it might be done on account of fornication before, or adultery afterwards, is furely as clear as the fun; for faying that a thing may not be done, except for one reafon only, is faying that for that reafon it may be done, or language muft lofe its meaning. The fa - thers at Trent were hard put to it to make a decree upon the fubject, for they had the fcripture, the opinions of St. Ambrofe, many of the Greek fathers, and the practice of the eastern church, against them; fo they splitted the hair-not by condemning thofe who fay that matrimony may be diffolved by adultery, and 66 "another delivered by GoD to Mofes, and by him delivered and explained to the people, was the only legal cause of divorce, where the marriage was at first just and lawful. This certainly "another contracted"-which Ambrofe, &c. maintained; but, by condemning thofe who fay the "church may err in teaching otherwife." The truth of the matter was, that by declaring adultery to be no caufe of divorce a vinculo matrimonii, they referved the lucrative bufinefs of difpenfation in the hands of the Pope; who, arrogating to himself a power of trampling on all the laws of heaven and earth, readily enough granted divorces, with or without caufe, to fuch as were able to pay for them, either in money, or by adding to the power, wealth, and territory of the church. In 1548 the Marquis of Northampton was di vorced from his wife, whom he convicted of adultery; but the divorce being only a menfa & toro, the queftion was, whether he could marry another wife? And in the beginning of king Edward's reign a commiffion was granted to Cranmer, Archbishop of Canterbury, the Bishops of Durham, Rachefter, to Dr. Ridley, and fix more, to examine and try the question; but before it could be determined, the Marquis married folemnly Elizabeth, daughter to Brooke Lord Cobham; for this he was put to answer before the council: He there faid, "he thought, that, by the "word of God, he was discharged of his tie to his former wife; that the making marriages indiffolu"ble, was but a part of the popish law, by which "it it was reckoned a facrament; and yet the Popes, "knowing that the world would not eaiily come "under fuch a yoke, had, by the help of the Cano nifts, invented fuch diftinctions, that it was no "uneafy thing to make a marriage void among "them that the condition of this church was very hard, if, upon adulteries, the innocent muft either live with the guilty, or be exposed to temptations B 3 to certainly was, as well where the woman's act of incontinency was committed before marriage, and found out afterwards, as where it was committed afterwards. The word opera, which the Evangelift makes use of Matt. v. 32. and not μοιχεία, which more particularly anfwers to the Hebrew-adultery, has occafioned fome to think, that it relates to an act done by the woman before marriage, but found out afterwards, for which he might put her away, and not only that, but might have her ftoned to death, if he chofe to make her a public example, as appears Deut. xxii. 21. However this fuppofition may be true, yet it cannot be the whole truth, for the word "to the like fins, if a feparation only was allowed, "but the bond of the marriage continued undif❝ folved." However, as things had proceeded fo far before the delegates, it was ordered that he and his new wife fhould be parted, till the matter fhould be determined. In conclufion, the whole queftion was divided into eight queries, which were put to fome learned men (who, does not appear); who returned their answer in fupport of the fecond marriage.-In fine, the whole was determined in favour of the Marquis, and he allowed to cohabit with his fecond wife.-See this whole matter in Burnet's Hift. Ref. fecond part. p. 56, 57, 58. and Coll. to Part 2. B. i. No 20. Burnet, Art. Ch. of Eng. p. 289, 3d edit. obferves, that-" the notion of a feparation for adul"tery, and yet the bond of marriage continuing, was never known till the Canonifts brought it in ; "but the indiffolublenefs of the marriage, even for "adultery, was never settled in any council till that " of Trent." muft muft equally relate to an act done after marriage or efpoufals, as appears from JoJeph's intention with regard to his efpoufed wife Mary.He being a juft and holy man, and therefore not willing to marry+ a woman whom he thought to be an adulterefs, yet unwilling to expofe her to public fhame, or to make her a public example, was minded to put her away privily. Matt. i. 19. I take Topvela, which we render fornication, to be like the word dnaðapora— uncleanness, a general term inclufive of all illicit commerce between the fexes, of which adultery is a fpecies; therefore used by our LORD to include every species of criminality in the wife, which is mentioned in the Old Teftament: as-Firsther having had commerce with another man before any betrothment, efpoufals, or marriage with her present husband. See Deut. xxii. 13-21. Secondly-after being betrothed, ver. 23, 24. Thirdly-after marriage, ver. 22. Ilopvea has evidently this *Under the law of Mofes, a virgin betrothed was reckoned the wife of him to whom he was efpoufed, and was to be ftoned to death if the wilfully lay with another man. Deut. xxii. 23, 24. The text fays-πpir n ouvender dules-before they came together he was found with child, &c. Žuveder is-to have matrimonial commerce-congredi-coiriwhich confummates marriage, and makes the parties one flesh. Matt. i. 18. 1 Cor. vii. 5. See Parkh. Gr. & Eng. Lex. and Leigh's Crit. Sacr. fub. voc. Συνερχομαι. B 4 fenfe, |