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Α Ρ Ρ Ε Ν DI X APP E N

TO THE

LONDON MAGAZINE.

MDCCXLIX.

To the Author of the LONDON refuses to accept of the benefit there. MAGAZINE,

by promised * SIR,

But with respect to the religion

we profess, there is some difficulty, N pursuance of what because it may be said, that marriage

I proposed in my last, is not only a contract between the I (see p. 505.) I shall A parties, but that it is a vow made to

now consider the case God Almighty, which neither party of divorces by mutual has any right or power to dispense

consent; and here too with. By the very words of the we must examine, whether it be a- marriage ceremony both parties progreeable to the principles of the mise or vow to God to love and religion we profess, and whether the cherish each other till death them allowing of any such divorce be B do part, and forsaking all other, to consistent with the maxims of true keep themselves to each other, la polity; for as to its being agreeable long as they both shall live; from to the laws of nature, there can be whence it

appears,

that the marriage no question, because, as marriage is ceremony is as strict and folemn a a contract, the obligation arising vow as any that can be made. therefrom may certainly, as in all I Mall not enter into the question, other contracts, be diffolved, by C how far vows are binding, in which mutual consent, or by all parties .no particular person has any concern, fenouncing the right they have there- or after the person concerned has dirby acquired ; nor is their nature any pensed with the performance; but it way altered by being confirmed by has always been allowed, even upon an oath, or by both parties fwearing christian principles, that the church that they will faithfully perform the may dispense with the performance terms of the contract ; for such an of such vows ; and it is evident, oath is but an adjectitious quality, as D that in the first ages of christianity the civilians call it, which no way the church aid dispense with the alters the nature of the contract; marriage vow, when both parties and Grotius admits, that a nian is agreed to it, and ledately and delio not bound by his oath, if the per- berately detired to be divorced ; fon for whole benefit it was made, Nay, the first christian legislators, Appendix, 1749.

4 E

thac * Grosius, de Jure Bell. lib. 2, cap. 13. feét. 18,

vorces.

that is to say, the first christian em- as appears by a law of his, which
perors did not, it seems, think that begins thus :
a dispensation from the church was Quia verò ex consensu aliqui ufque
necessary for diffolving a marriage, ad præfins alterna matrimonia solve-
when both parties agreed to have it bant, hoc de cetero fieri mullo sinimus
diffolved; as is evident from several modo, nisi forte quidam caftitatis con-
laws made by them relating to di- A cupiscentia hoc fecerint, Novel, 117-

cap. 1o.
For proving this, I must observe, But this prohibition lasted but a
that before the establishment of very short while, for it was repealed
christianity in the Roman empire by by his next fucceffor, and the liberty
Constantine the Great, there was of divorce by mutual consent again
nothing more common than divorces introduced, by a new law for that
by mutual consent, without any far. B purpose, soine of the words of which
ther ceremony than one party's send- are very remarkable, as follows: Si
ing to the other a bill of divorce ;

namque mutua affectio matrimonia and even without any such mutual conficit, merito diversa voluntas eadem confent, it seems to have been in the per consensum dirimit, modo harc mif. power of either husband or wife to fi repudii libelli satis declarent. But send a bill of divorce to the other; the whole law is worth perusing, but when this was done without any C which the reader may see, Novel. 140. just cause, the party who sent it was From these laws it appears, that liable to punishment; for if the hus- for the first 500 years and upwards of band without any just cause sent his the christian æra, divorces by mutawife a bill of divorce, he was obliged al consent were not thought to be to restore her fortune, and the re- inconsistent with the principles of tained the settlement he had made our religion ; and indeed, there is upon her by the marriage contract ; D nothing I can find in holy writ that and if the wife, without any just seems to make them fo ; for St. cause, sent her husband a bill of Paul's direction to the wife, not to divorce, she lost her settlement with- depart from her husband, certainly out recovering her fortune ; to which means, without his consent, as apwas added another punishinent, by a pears from what he says to her and law made by the emperor Theodo- to a husband in the very next verse ; fius, which was an incapacity of E because his direction to the husband marrying any other husband for five

is not to put away his wife, that is, years afterwards; and in the code of not to force her away against her the Roman laws there is still extant a will; and his direction to the departlaw made by the emperor Anastasius ing wife, to remain unmarried, or in these words :

be reconciled to her husband, shews, Si constante matrimonio, communi that her departure was without his consensu tam viri quam mulieris, re- F consent, upon some difference between pudium fit mifum, quo nulla causa them, i Cor. vii. 10, 11. And the continetur, quæ confultiffimæ conftitu- rule in St. Paul's first epistle to Timotioni dive memoriæ Theodosii et Ve- thy, chap. iii. 2. that a bishop should lentiniani inferta eft ; licebit mulieri be the husband of one wife, mutt be non quinquennium expe&tare, fed poft supposed to mean, that after a di. annum ad secundas nuptias convolare. vorce, or rather separation from his

It is, therefore, evident, that di-G wife, he ought not during her life vorces by mutual consent were al- to marry a second, which was a lowed by the first christian emperors,

custom established even among the and they continued to be allowed till heathen Romans with respect to the time of the emperor Juftinian, their prieft called Flamen Dialis, 5

whose

1

whose marriage could never be dif- prohibited marriage within such a solved but by death. Gell. Nott. At- great number of degrees, because tic. lib. 10, cap. 15.

But if this with a dispensation from the pope was by St. Paul' forbidden with re- the nearest relations might marry; fpect to a bishop, it is a proof that and that dispensation was always to it was permitted to other men, ac- be paid for according to the circumcording to the maxim, that, Excep. A stances of the parties. With the tio firmat regulam in casibus non ex- same view they made the marriage ceptis.

knot indissoluble without a dispentaNow with regard to the maxims of tion ; but with a dispensation the true polity, divorces by mutual con- married parties might separate, and sent, like all other human' regulati- both marry again when they pleased : ons, would certainly be attended Nay; I think, I have somewhere with some inconveniencies ; for it 3 read of a duke of Saxony, who got a would often be a templation either to dispensation from the Pope for havthe husband or wife, to behave in ing two wives at the same time, upon fuch a manner as to force the other a suggestion of his being so vigorous, to agree to a divorce; but as this that the first wife was not able to ancustom continued among the Romans swer his frequent demands; and from the beginning of their city, to these dispensations, we may believe, very near the end of their empire, it c brought a fine revenue into the is a proof that the inconveniencies church of Rome. Therefore, I on the other side are much greater, think, I may conclude this essay with fome of which are at large set forth oblerving, that the strictness of our in the preamble to the above menti- laws with regard to divorces is one of oped 140ih Novel. constitution ; and the many relicks of popery still subthe inconveniencies arising from an fifting in this kingdom. allowance of divorces by mutual D

I am, &c. confent, might in a great measure be prevented, by putting them under The following humorous Piece was such regulations as to make thema published when the Bill for regulat. a little uneasy and detrimental to ing and restraining Paper Bills of

Credis in the American Colonies and both parties, elpecially when there are children of the marriage. It

Plantations (which did not pass would likewise be proper to have E

into a Law) was depending in some religious ceremony appointed

Parliament. for such divorces, and that ceremony Massachuset's. Bay, March, 1748. not to be performed till after the parties had continued a year sepa

SIRS, rate, and fixt in their resolution to S I observe, that they who get part.

money always gain applause, As this sort of divorce had been F by whatever methods they acquire so long permitted, not only in the their wealth, I am desirous in this heathen world and among the Jews, way to get a reputation among my but also during the first five or fix countrymen, and be remember'd by ages of christianity, one may wonder pofterity: But, having no committi. how it came at lait to be so absolutely ons, tickets, or certificates, to sell, prohibited ; but when we consider or any other perquisites for attaining the various ways invented by the G a creditable livelihood ; and no: be. church of Rome, during the times ing able to persuade any body o of. of Gothick ignorance, to bring mo- ficers to maintain my splendor by a ney into their pockets, our wonder course of laudable preients ; I heve must ceale. With this view they for a long time made the following

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projection, which I met with in an tempest whistling through the woods, old news-paper, the subject of my when it only shakes us down money! studies. I desire you would not A man who chuses a walk in my fothink me whimsical in my contri- rest, may have his head broke with a vance, considering that, however crown dropping on it; and I expect strange and unusual it may seem at to have my windows often Thattered first, as unlikely means as these have A by stones and brickbats Aung up at sometimes been practised with success, Shillings and fixpences. It will be for amassing an estate from nothing.

very pretty, when a cart rumbles by In short, commend me to the man a door, for a man to run out to buy who can turn every thing into ready wood, and come in muttering, 'Tis, cash, and knows how to pick up a norbing but a cord of copper. But, comfortable and honest penny, in dear Sirs, I am in such hafte about ways that his predecessors never B this business, that I must break off thought of.

abruptly, and stile myself But that which my mind is most

Your faithful friend and servant, fet on, is to compose a difference

ALEXANDER WINDMILL. among people, about making more money. Some, I perceive, are for

Subftance of a Letter from Mr. Wil'having a renewal of paper bills;

liam Arderon, F. R. S. to Mr. while others seem rather inclinable C

Henry Baker, F. R. S. containing to gold and silver. Now the projec.

fome O frvations en Fibes, partition I am upon, I h ve the vanity to

cularly he Roach. think, will picafe both parties, and cause them to unite in my applause and F all the several kinds of fish, seward. I have bought a fmail parcel which for some years past I of ground, where, after some secret

have been keeping in glass jars in cultivation of mine bestowed upon it, D hopes of becoming acquainted with I intend to plant a tree, whose trunk the nature and properties of these and limbs shall consist of fine copper, animals, by having them daily unwhich Mail, in a few weeks, shoot der my inspection) none seems more up, and Aourish in a very rich and impatient of imprisonment, if I may ample manner. This useful vegeta

so-call it, than the roach ; nor, if ble, when it comes to perfection, is they are well looked after, and supto blossom all in silver ; the fruit is E plied often enough with fresh water, to be gold, as the leaves will shade

have I observed any, except the a weary traveller with so many five roach, to become distempered. But pound bills. I cannot but please my- most commonly, after this filh has felf, to imagine, what flocks of peo- been a little while confined, the ple will come to view my little grove, fiony part of its tail begins to drop as foon as it begins to sprout, and in off piece by piece ; and when the a little time to see them obtain a F finny part is all gone, a sort of morbranch or two of me, to transplant tification feizes upon the tail itself, into their own lands, where they and gradually creeps along until it will spread abroad with a luxuriance reaches the intestines, at which time that will cover the face of the whole the fish immediately dies. country. Methinks, it will be very The last roach I had under this pleasant to see a piece of eight in the

disorder was about the beginning of bud; or a ripe guinea drop mellow G January ; when, in the ipace of a upon the grass. How welcome will

month, it had lost the greatest part the fall of the leaf be, after I have

of the fin, which induced me to made this mystery common? And clip off the rest, hoping thereby to with what rapture Thall we hear a ftop the progress of the mortifica

tion,

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tion. But this was of no manner of happen thus to all sorts of fish on service that I could perceive: The cutting of the tail ; nor does it to distemper ftill gained ground; and the roach immediately : For as it as it increased, a fine fibrillous sub- is a posture very unnatural and troustance grew out from it.

blesome to fishes, they exert all their Thele fibrils, when examined by strength to prevent their heads from the microscope, shew themselves to A finking downwards ; until, being be a number of minute cubes, filled wearied out, they at last are forced with a brownish liquor ; and this fi- to submit. quor, upon pressing them, becomes immediately discharged.

To the AUTHOR, &C. When first I perceived this fibrous

SIR, substance inveloping the fifh's tail, I HERE is nothing, perhaps, supposed it to be nothing but a B more requisite to a man's mouldiness of that kind which fre- well-being in this world, than a proquently is seen upon decayed flesh per regard to the opinion of manand fish ; but, upon trial, I found kind. An uniform appearance of it to be of a much stronger texture goodness will procure a reputation, and consistence than such mouldiness and a cautious conduct will secure is ever known to have ; for, not. it ; but he who disregards appearwithstanding I have several times let C ances will find himself (though ho. a full stream of water run upon it neft and undesigning) lost in the from a cock, I could never wash it world's opinion, and his reputation, off.

though good as a trader, will be This fith lived with me till the sunk as a moral man. An initance latter end of March, and then died ; of this truth never more strongly having for many days before its appeared than in the following chi. death lain at the bottom of the jar, D raclers of Maskwell and Eudocius. without being able to rise.

Maskwell, a man of mean parts, As the mortification advanced, and narrow education, has, from a and came nearer to its intestines, nice regard to appearances, gained the quickness of its taking water in the character of a good and religi. at the mouth increased, till at last ous man; and flourishing in a courie it took it in three times faster than a of success, is courted and carcited, lively strong fish did.

and his alliance fought after by the

E On my cutting off part of the belt families in the city ; yet is fish's tail, in hopes of stopping the Maskwell ill-natar'd, avaricious, and mortification, the equilibrium of the lascivious. In the midt of alluence body was so far loft, that it hung in himself, he suffers bis poor relations the water most commonly with the to pine in want and mufery ; he is head downwards, and could never eternally railing against the lewdne is afterwards continue in any other and immoralities of the present age,

F posture, without great strugglings, and at the same time carries on a or finking down to the bottom of guilty, though secret correspondence the vessel. Which may serve to with another's wife. He loses no Thew how nicely and wonderfully opportunity of increasing his fortune, the bodies of fifties are balanced, for though by means the most iniquitous the keeping them in an horizontal and oppreffive. In short, Maskwell, position ; fince in this case the losing though curst with almost every vice, a few grains of the tail could fo fen G

acquires riches and esteem, by wearfibly destroy the equilibrium, as to ing the face of religion and virtue. render the rest of its fins almost How different from this is the useless.

character of Eudocius! what, tho! I dare not, however, affert it will

endowed

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