prehend, be found neceffary, to check the progress of this alarming depravity. Whether a law might not be framed directing the fortune of the adulterefs to defcend as in cafe of her natural death, referving, however, a certain proportion of the produce of it, by way of annuity, for her fubfiftence (fuch annuity in no cafe to exceed a fixed fum), and alfo fo far fufpending the eftate in the hands of the heir, as to preserve the inheritance to any children the might bear to a fecond marriage, in case there was none to fucceed in the place of their mother by the firft; whether, I fay, fuch a law would not render female virtue in higher life lefs vincible, as well as the feducers of that virtue lefs urgent in their fuit, we recommend to the deliberation of thofe, who are willing to attempt the reformation of this important, but most incorrigible class of the community. A paffion for fplendour, for expensive amusements and distinctions, is commonly found in that description of women who would become the objects of fuch a law, not lefs inordinate than their other appetites. A severity of the kind we propose applies immediately to that paffion. And there is no room for any complaint of injustice,

fince the provisions above stated, with others which might be contrived, confine the punishment, so far as it is poffible, to the perfon of the offender; fuffering the eftate to remain to the heir, or within the family, of the anceftor from whom it came, or to attend the appointments of his will.

Sentences of the ecclefiaftical courts, which release the parties a vinculo matrimonii by reafon of impuberty, frigidity, confanguinity within the prohibited degrees, prior marriage, or want of the requifite consent of parents or guardians, are not diffolutions of the marriage contract, but judicial declarations, that there never was any marriage; fuch impediment fubfifting at the time, as rendered the celebration of the marriage rite a mere nullity. ' And the rite itfelf contains an exception of thefe impediments. The man and woman to be married are charged, "if they know any impediment why they may not be lawfully joined together, to confefs it ;" and affured "that so many as are coupled together, other"wife than God's word doth allow, are not joined together by God, neither is their matrimony lawful;" all which is intended

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by

by way of folemn notice to the parties, that the vow they are about to make will bind their confciences and authorize their cohabitation, only upon the fuppofition that no legal impediment exist.

CHAP. VIII.

MARRIAGE.

W

HETHER it hath grown out of fome tradition of the divine appointment of marriage in the perfons of our firft parents, or merely from a defign to imprefs the obligation of the marriage contract with a folemnity suited to its importance, the marriage rite, in almost all countries of the world, has been made a re

ligious ceremony; although marriage in its

own nature, and abftracted from the rules and declarations, which the Jewish and Chriftian fcriptures deliver concerning it, be properly a civil contract and nothing more.

With refpect to one main article in matrimonial alliances a total alteration has taken place in

*It was not, however, in Chriftian countries required that marriages should be celebrated in churches till the thirteenth century of the Chriftian æra. Marriages in England during the ufurpation were folemnized before juftices of the peace, but for what purpose this novelty was introduced, except to degrade the clergy, does not appear.

the fashion of the world; the wife now brings money to her husband, whereas anciently, the husband paid money to the family of the wife; as was the cafe among the Jewish patriarchs, the Greeks, and the old inhabitants of Germany.* This alteration has proved of no small advantage to the female fex; for their importance in point of fortune procures to them in modern times, that affiduity and respect, which are always wanted to compenfate for the inferiority of their strength, but which their personal attractions would not always fecure.

Our business is with blished in this country. of, it will be necessary to

marriage, as it is esta

And in treating there

state the terms of the

marriage vow, in order to difcover,

1. What duties this vow creates.

2. What fituation of mind at the time is inconfiftent with it.

3. By what fubfequent behaviour it is violated..

The husband promises on his part,
"to love,
comfort, honour and keep his wife;" the

*The ancient Affyrians fold their beauties by an annual auction. The prices were applied by way of portions to the more homely. By this contrivance all of both forts were difpofed of in marriage.