Readers of both fexes; namely DIVORCE, which is treated of as a fubdivifion of Marriage, and which itself is a fubdivifion of the general heads of Baron and Feme; that is, in plain Englifh, Hufband and Wife.

DIVORCE.

A VINCULO MATRIMONII.

"A Divorce is a Vinculo Matrimonii, or a Menfa & Thoro.

A Divorce will be a Vinculo, when the husband or wife was pre-contracted to another; and a Divorce for pre-contract may be made without fummoning any to answer in the fpiritual Court, except the Parties to the precontract: as if A be contracted to B, and afterwards marry C, the Divorce may be by a libel by B against A, without procefs against C.

So a Divorce is well made by a fentence, that A do marry B, without a sentence to declare the marriage void between A and C.

But by the ftat. 32 H. 8. 38. All marriages in England, folemnized in the face of the Church, and confummated, &c. fhall be valid, notwithstanding any precontract of both or either Party not confummated.-But this claufe was repealed by the ftat. 2 and 3 Ed. 6. 23. and not revived by the stat. 1 El. 1.

So by the ftat. 33 H. 8. 6. In Ireland. But it being repealed in Ireland, by the ftat. 3 and 4 Ph. and M. nothing was revived by the stat. 2 El. 1. there, except what concerns the degrees of Confanguinity.

So, if a Marriage be diffolved by a fentence upon a precontract, the man and former wife are not compleat husband and wife, till the marriage be folemnized.

So, a Divorce, Caufa Confanguinitatis, aut Affinitatis, is a Vinculo, though it were for fpiritual affinity, when that was allowed.

By the Law of the Hebrews, there was no Divorce for inceft; for the marriage was null.

So a Divorce, Caufa Impotentia, will be a Vinculo.

A Divorce for Impotence, or Frigidity, may be upon an univerfal Impotence; as if he be an Eunuch.

Or, for a perpetual Impotence previous to the marriage quoad banc, be it natural or accidental.

If there be a Divorce upon evidence, which fhews a perpetual Impotence quoad hanc, and the hufband afterwards marries, and has iffue by another wife, the iffue fhall be legitimate; for the

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first fentence fhall be in force till repealed, and the second marriage good, unless it be diffolved in the life of the Parties, and a man may be habilis & inhabilis diverfis temporibus.

So, if the woman afterwards marry, and fhe and her fecond husband levy a fine, and then the former husband by a fecond wife has iffue, the fine shall not be stayed.

So, if the husband bring trefpals pro uxore abducta cum bonis viri, and pending the action, the husband and wife are divorced caufa Impotentia, the action does not abate; for it is founded upon the poffeffion, and ne unques accouple is no plea.

So, a Divorce propter Metum,

Or, propter Sævitiam.

A Divorce for Severity is grounded upon the Law of Nature. And it will be a cause for it, if the husband ftrip his wife of her apparel, and other neceffaries.

But a Divorce for Severity, is not a Vinculo, but a feparation a Menfa & Thoro only.

And a fubfequent marriage, after fuch Divorce, is not lawful.

A MENSA & THOR.O.

A Divorce Caufa Adulterii, will be a Menfa & Thoro only. For fuch a Divorce arifes upon a caufe fubfequent, not antecedent to the marriage.

So, a Divorce, Caufa Profeffionis, does not baftardize the iffue.

And, therefore, if a man, after a Divorce a Menfa & Thoro, marry another woman, the fecond marriage is void.

If the hufband releafes a legacy, given to the wife during the Divorce, it will be difcharged.

But if the husband fells a term for years, which he has in right of his wife, Equity will grant an Injunction.

How a DIVORCE fhall be OBTAINED.

A Divorce cannot be profecuted after the death of the parties.

So, a marriage cannot be drawn in queftion, upon any collateral furmize, after the death of the parties; and if it be, a prohibition goes.

So, a Divorce by fentence, in the life of the parties, cannot be re-examined after the death of the parties.

So,

So, after the death of the husband, the marriage shall not be drawn in question, though the wife be alive.

Nor, after the death of the wife, though the husband be alive.

And if a marriage was inceftuous, and a fuit commenced for it against the hufband and wife, and one of them dies, though they may proceed against the furvivor to inforce penance, yet if they proceed to bastardize the issue, a prohibition goes.

The EFFECTS which FOLLOW.

If there be a Divorce a Vinculo Matrimonii, the iffue between them will be baftards.

And a sentence for Divorce ftands in force, till reverfed by appeal.

So, a sentence for nullity of a marriage in Caufa fallitationis Maritagii.

And if the parties die, an examination will not be allowed to prove an heir, contrary to the fentence."

In this article, the analyfis is well formed, though the subject is by no means exhaufted. Neither is the title MARRIAGE, of which Divorce is a fubdivifion, treated in fo ample a manner as fo copious a subject requires. For, under this head, we find nothing of the offence of performing the ceremony without due authority or licence.-Nor of the feveral offences against the rights of marriage, of marriage brocage, contracts, &c.—Nor of elopement, criminal conversation, and many other titles which properly belong to this head.

We might extend our ftrictures to many other general titles: but, as we have already obferved, however this Digeft may fall fhort of our expectations, yet it contains a great deal of curious and useful matter: and when we confider, that it appears under the disadvantage of having never been revifed or corrected by the Author, candour bids us overlook its defects, and prompts us to fay, Eft quodam prodire tenus.

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Mifcellaneous Pieces relating to the Chinese. 2 Vols. 12mo. 55.

TH

Dodfley.

HE first tract in thefe Mifcellanies, is, a Differtation on the Language and the Writing of the Chinese, which is the only piece that has not been already published. It is fhort, but far from fuperficial, being the production of some in

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genious English Writer, who has taken confiderable pains to inform himself on this curious fubject. As no circumstance relating to this diftant and extraordinary people, is more fingular than that of their language, and their arbitrary characters in writing, we shall felect a few extracts from this entertaining differtation on them.

"Their language, according to Bayerus, contains but three hundred and fifty words; according to Du Halde, but three hundred and thirty, all of one fyllable: but then each word is pronounced with fuch various modulations, each with a different meaning, that it becomes more copious than one could imagine, and enables them to exprefs themselves on the common occafions of life very well."-Aproof and illuftration of this, is referred to, in the notes annexed to this tract; where we are informed, that the word Po, is pronounced after eleven different manners, fignifying as many very different things, as rice, an old woman, glass, to winnow, to boil, to water, &c. &c. and having, according to its different accents and afpirations, the power of a verb, a fubftantive, an adjective, a participle, and an adverb. The Miffionaries who adapt the European characters, as well as they can, to the expreffion of Chinese words, have devifed eleven differ ent, and fome of them very compounded, marks, and afpirations, to fignify the various modulations, elevations, and depreffions of the voice, which diftinguish the feveral meanings of the fame monofyllable.

Having obferved the Chincfe to be deftitute of an alphabet, and that their literature is all comprifed in arbitrary unelemental characters, our Author ingenioufly adds-" If we reflect a moment, we fhall be convinced, that men must have acquired a habit of reasoning, as well as a deep infight into the nature of fpeech, before they could think of refolving words into all the fimple founds of which they are compofed, and of inventing a particular mark for each diftinct found. A favage would have no idea that the word STRONG, which he pronounces at once, fhould confift of fix fimple founds, S. T. R. O. N. G. and that a particular mark is to be invented for each of thefe; from a combination of which the word is to be expreffed in writing. He would be more apt to substitute fome one fimple mark, that fhould exprefs the whole word at once. And if the word fignified any corporeal fubftance, what would be fo natural as an imitation of its figure? Nay, it is probable, that the first attempts at writing would altogether confift of fuch figures. For, fo long as men lived in a ftate of wild nature, their abstract ideas would doubtless be very few; corporeal objects would naturally employ their whole attention; in certain rude imitations of which the whole of their literature would be apt to confift;"

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adding foon after, "But as no abftracted idea can be reprefented in picture, a final degree of mental improvement would foon convince men of the infufficience of thefe, and this would lead them, either to intermix with their pictures arbitrary figns, or to give to them arbitrary meanings; which laft feems to be the cafe in the hieroglyphics of the Egyptians. Thofe figns, once admitted, would foon take the lead, and pictures would wholly give place to characters. The conveniency of difpatch, the love of uniformity, and, as literature improved, the more frequent occafion to exprefs abftracted ideas, would naturally caufe an exclufion of the former. In this ftate, adds our Author, is the prefent literature of China."

He goes on to obferve, that" This language being wholly addrefied to the eye, and having no affinity with their tongue, as fpoken, the latter hath ftill continued in its original rude, uncultivated ftate, while the former hath received all poffible improvements. The Chinese tongue is barren and contracted, , wholly confifting of a few undeclinable and uncompounded mo nofyllables;-the Chinese characters, on the contrary, are amazingly numerous (about eighty thoufand) and complicated. Hence, he affirms, the Chinese oral language is unfit for litera ture, and fays, all their proceffes, pleadings, and judicial examinations, are wholly tranfacted by petition and memorial; a method of proceeding beft suited to the taciturnity of this phlegmatic people."

To the honour of one part of their police, however, in this refpect, he fays, "If the difficulty of maftering and retaining. fuch a number of arbitrary marks, greatly retards the progrefs of their erudition; on the other hand, the Chinese have all poffible inducements to cultivate and purfue it. There is no part of the globe where learning is attended with fuch honours and rewards the Literati are reverenced as men of another fpecies, they are the only nobility known in China: be their birth never fo mean and low, they become Mandarins of the highest rank in proportion to the extent of their learning. On the other hand, be their birth never fo exalted, they quickly fink into poverty and obfcurity, if they neglect thofe ftudies which raifed their fathers. It is a fond and groundless notion of fome late Writers, he fays, who ought to have known better, that there is a key to the Chinese characters, hidden from the common people, and referved as a fecret in fome few families of the great. On the contrary, there is no nation in the world, where the first honours of the ftate lie fo open to the lowest of the people, and where there is lefs of hereditary and traditional greatnefs.'