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СНА Р. IV.

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ADULTERY.

NEW fufferer is introduced, the injured hufband, who receives a wound in his fenfibility and affections, the most painful and incurable that human nature knows. In all other refpects, adultery on the part of the man who folicits the chastity of a married woman, includes the crime of feduction, and is attended with the fame mischief.

The infidelity of the woman is aggravated by cruelty to her children, who are generally involved in their parents shame, and always made unhappy by their quarrel.

If it be faid that thefe confequences are chargeable not fo much upon the crime, as the difcovery, we answer, firft, that the crime could not be difcovered unless it were committed, and that the commiffion is never fecure from difcovery; and fecondly, that if we allow of adulterous connections, whenever they can hope to escape detection, which is the conclufion to which this argument conducts us, we leave the husband no other fecurity for his wife's chastity, than in her want of opportunity or temptation, which would probably either deter men from marrying, or render marriage a state of fuch jealoufy and alarm to the husband, as muft end in the flavery and confinement of the wife.

The vow by which married perfons mutually engage their fidelity, is "witneffed before God," and accompanied with circumftances of folemnity and religion, which approach to the nature of an oath. The married offender therefore incurs a crime little short of perjury, and the feduction of a married

woman

woman is little lefs than fubornation of perjury :and this guilt is independent of the discovery.

All behaviour, which is defigned, or which knowingly tends, to captivate the affection of a married woman, is a barbarous intrufion upon the peace and virtue of a family, though it fall fhort of adultery.

The ufual and only apology for adultery is the prior tranfgreffion of the other party. There are degrees no doubt in this, as in other crimes; and fo far as the bad effects of adultery are anticipated by the conduct of the husband or wife who offends first, the guilt of the second offender is extenuated. But this can never amount to a juftification; unless it could be fhewn that the obligation of the marriage yow depends upon the condition of reciprocal fidelity; for which conftruction, there appears no foundation, either in expediency or in the terms of the promife, or in the defign of the legislature which prescribed the marriage rite. Moreover, the rule contended for by this plea has a manifest tendency to multiply the offence, but none to reclaim the offender.

The way of confidering the offence of one party as a provocation to the other, and the other as only retaliating the injury by repeating the crime, is a childish trifling with words.

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"Thou shalt not commit adultery," was an interdict delivered by God himself. By the Jewish law adultery was capital to both parties in the crime: "Even he that committeth adultery with his neigh"bour's wife, the adulterer and adulteress shall furely be put to death." Lev. xx. 10. Which paffages prove, that the divine legiflator placed a great difference between adultery and fornication. And with this agree the Chriftian fcriptures; for in almost all the catalogues they have left us of crimes and criminals, they enumerate "fornication, adul"tery," " whoremongers, adulterers," (Matt. xv.

19. 1 Cor. vi. 9. Gal. v. 9. Heb. xiii. 4.) by which mention of both, they fhew that they did not confi. der them as the fame; but that the crime of adultery was, in their apprehenfion, diftinct from, and accumulated upon that of fornication.

The hiftory of the woman taken in adultery, recorded in the eighth chapter of St. John's Gospel, has been thought by fome to give countenance to that crime. As Chrift told the woman, "neither do "I condemn thee," we muft believe, it is faid, that he deemed her conduct either not criminal, or not a crime however of the heinous nature we represent it to be. A more attentive examination of the cafe will, I think, convince us, that nothing can be concluded from it, as to Chrift's opinion concerning adultery, either one way or the other. The tranf action is thus related: "Early in the morning Jefus "came again into the temple, and all the people came unto him; and he fat down and taught them; and "the Scribes and Pharifees brought unto him a

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woman taken in adultery; and when they had "fet her in the midt, they fay unto him, Mafter, "this woman was taken in adultery, in the very "act; now Mofes in the law commanded that fuch "fhould be ftoned, but what fayeft thou? This

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they faid tempting him, that they might have to "accufe him: But Jefus ftooped down, and with "his finger wrote on the ground, as though he "heard them not. So when they continued asking "him, he lift up himself, and faid unto them, he "that is without fin amongst you, let him first cast a "stone at her; and again he stooped down and wrote on the ground: and they which heard it, being "convicted by their own confcience, went out one

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by one, beginning at the eldeft, even unto the "laft; and Jefus was left alone, and the woman "standing in the midft. When Jefus had lift up

himself, and faw none but the woman, he faid "unto her, woman, where are thofe thine accufers? "hath

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"hath no man condemned thee? She faid unto him, "no man, Lord; and he faid unto her, neither do I "condemn thee, go and fin no more."

"This they laid tempting him, that they might "have to accufe him," to draw him, that is, into an exercise of judicial authority, that they might have to accufe him before the Roman governor of ufurping or intermeddling with the civil government. This was their defign; and Chrift's behaviour throughout the whole affair proceeded from a knowledge of this defign, and a determination to defeat it. He gives them at firft a cold and fullen reception, well fuited to the infidious intention with which they came: "He stooped down, and with his finger "wrote on the ground, as though he heard them "not." "When they continued afking him," when they teized him to fpeak, he difmiffed them with a rebuke which the impertinent malice of their errand, as well as the fecret character of many of them deferved: "He that is without fin (that is, this fin) "among you, let him first caft à ftone at her." a This had its effect. Stung with the reproof, and disappointed of their aim, they ftole away one by one, and left Jefus and the woman alone. And then follows the converfation, which is the part of the narrative most.material to our prefent fubject. "Jefus faith unto her, woman, where are those

thine accufers? hath no man condemned thee? "She faid, no man, Lord. And Jefus faid unto "her, neither do I condemn thee; go and fin no 66 more." Now, when Chrift afked the woman, "hath no man condemned thee," he certainly spoke; and was understood by the woman to speak, of a legal and judicial condemnation; otherwife, her anfwer, "no man, Lord," was not true. In every other sense of condemnation, as blame, cenfure, reproof, private judgment, and the like, many had condemned her; all thofe indeed who brought her to Jefus. If then a judicial fentence was what Chrift

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meant by condemning in the queftion, the common ufe of language requires us to fuppofe that he meant the fame in his reply, "neither do I condemn thee," i. e. I pretend to no judicial character or authority over thee; it is no office or bufinefs of mine to pronounce or execute the fentence of the law.

When Chrift adds, "go and fin no more," he in effect tells her, that fhe had finned already; but as to the degree or quality of the fin, or Chrift's opinion concerning it, nothing is declared, or can be inferred, either way.

Adultery, which was punished with death during the ufurpation, is now regarded by the law of England only as a civil injury; for which the imperfect fatisfaction that money can afford, may be recovered by the husband.

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