Considerations On Divorce a Vinculo Matrimonii in Connexion With Holy Scriptur
Considerations On Divorce a Vinculo Matrimonii in Connexion With Holy Scriptur
Barrister
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Of these two modes of meeting the difficulty, the former is that which has generally been adopted ; as is said by Selden, in his Uxor Hebraica, chap. Xxii. : u Cum hac distinctione (the exception in the case of adultery), ea quse simpliciter de uxore non dirnit- tenda habentur apud Marcum, Lucam, et Paulum sumenda, quod et interpretibus optimis plane con- souum. " And the same is asserted by Bishop Cozens, in his argument in the Duke of Norfolk's case (State Trials, vol. Xiii. P. 1332) ; an arg...ument which is cited in the First Report of the Commissioners on the Law of Divorce, with an encomium which seems to me singularly undeserved. The view, however, thus taken, is undoubtedly popular, whatever may be thought of Bishop Cozens, and though Selden ven- tured rather too far when he said, that it was (C op- timis interpretibus consonum. " The view, however, is inadmissible, be its sup- porters who they may ; and this for a very plain rea- son. Each of these narratives was written, not only by different authors, and in different countries, but at different times, and for the immediate use of different churches and converts.
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