separation of intercourse, but a dissolution of the bond.

It must be owned that there appears, at first sight, something specious in the reasonings of those who would deny this liberty to the adulterous divorced person; such a restriction on the guilty may appear more consistent with the principles of justice. But two objections arise to this; first, it seems impossible to separate the two cases; and, secondly, if possible, it might be impolitic, because it might, and probably would, lead to an increase of crime; for it can hardly be expected, that they who were found to violate an obligation so sacred as that which they have broken, would be very scrupulous in a separated state, and more violations of the precept would thus arise from the restriction itself.

The Divorce, then, of the second covenant, is of the same character as the Divorce of the first; it is a dissolution of the contract, and if so, the power of entering into a new and second contract, attends it as before. This reasoning is simple and intelligible, but, for want of attending to it, many errors have prevailed on the subject of re-marriage. To it may be traced the great difference between the opinions of the Catholics and the Protestants, on which more shall be said afterwards. The fornication

clause sustains the arguments of the latter for the liberty of Divorce; and this attended with all its its consequences; while the former found their reasons on the general declaration, "What God hath joined, let not man put asunder." Of course, this asserts in their view the perfect indissolubility of the marriage bond.* But this, if understood in all its latitude, would annihilate the permission even of separation, which Christ specially allows; and strange, indeed, it would be, if, upon a subject so vital and momentous as this, the Saviour had expressed himself so vaguely, as, under such a supposition, he must be considered to have done.

This is one mode of reply to the Romanists. In a latter part of the Essay, the decrees of their own Councils shall be shown to be at variance with the opinions of their own Fathers. But, in addition to this, there is an argument, which, resting the view to be taken of this matter only upon their own text, would furnish their complete confutation. They urge, "What God hath joined, let not man sever." We admit the rule; but applied to Divorce, by reason of Adultery, it totally

* See Bellarmine de Matrim.

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fails, for that is a cause of severance which is not of man's devising, but is the special provision of God, and that under both the Mosaic and the Christian dispensations; and the contract which He made originally, He made with this exception, and that contract He now declares to be severed. What God had joined, God also puts asunder. " Ergo ex justâ causâ est marito jus divertendi atque aliam ducendi: non enim hos (propter Adulterium) homo separat, sed Deus."

We see, then, clearly, that the Saviour has never abrogated the liberty of Divorce, as granted by the Mosaic law. The difference in his enactment is not in the kind, but in the degree of the liberty which it affords. Under the former it was considerable, under the latter it is contracted, and brought into a small compass; but still the restriction is far from declaring the indissolubility of the contract. This was not the doctrine of the Old Testament, and it is not the doctrine of the New. Greater impediments are made to surround and encumber the permission of Divorce under the latter dispensation, and that for the wisest and most beneficial purposes: the probability of countenancing a vicious use of this liberty is thereby diminished, but still the permission of Divorce is granted, and the complete liberty

of marrying again must, we contend, attend it as a necessary and unvarying result.

Indeed, the very nature of the crime to which Christ has limited the power of Divorce, repugnant as it is to the constitution of the marriage compact, would lead to this conclusion:-What is marriage? It consists in two becoming one flesh. Adultery destroys this unity. We infer it dissolves the compact, at least, that the separation which follows, should be of this character.

And, now, another consideration opens upon us; it is that of the identity of rights, liberties, restraints, and remedies, which the law of Christ affords to both sexes in this matter. This was another proof of the religious superiority of the Saviour's code. The Jews did not allow the woman the liberty of Divorce at all, extensive as was the indulgence granted to the man. Cases of the kind had, indeed, been in later times witnessed; but Josephus, who relates them, considers them as an usurpation of an exclusive prerogative pertaining to his own sex; but the Saviour establishes an identity of interests, and an equality of rights. The innocent wife has the same remedy as the injured husband. This mode of reasoning, which places the parties on the same footing, is not unaptly

termed a rule of reciprocal positions, and is manifestly more accordant with the dictates of natural justice. And, in reference to this, the unforced interpretation of the Saviour's law is as complete and satisfactory as can be desired.

These sentiments cannot be better expressed, than in the forcible language of Dr. (now Sir Alexander) Croke, in a very excellent pamphlet, addressed by him in the year 1801, to the two Houses of Parliament, on this subject; when the Bill for the punishment and prevention of the crime of Adultery, was made the subject of so much discussion, but, at last, unhappily thrown out in the Lower House.* On this reciprocity of circumstances he argues to this effect. The law of Christ describes the married persons under the same penalties for the com

* To that pamphlet the Author of this Essay feels himself indebted in the investigation of this part of the subject; and he takes this opportunity of acknowledging the respect he entertains for the talents and principles of its writer. That pamphlet, published twenty years ago, has, it is to be feared, together with the intended alteration of the law on the subject, been for a time forgotten. Happy will the present writer be, if his own inferior production should be instrumental in reviving the attention of the public to a subject of so much interesting importance.