a? C HAP. V. Quefions,andCafes ofConfcience about Adultery. fie(}. ` fyAfw.Adultery It is ncleannelfe about the A&of gene- ration between a man and a woman, wherof one at the leap is mar:ied, or betrothed to another. Quefi. whether, wh n the husbandor wifecommit - reth Idultery, thebond of ciYtarriage is ther:by dif olved ? t 6- snfw. No : neithermay the nocent,nor inno- cent party pot the other away, but Rill they remain man and wife, till the caufe be fairly heard by a lawful Magillrate, andby him judgedand determined, which is proved. a. Becaufe the Scripture (fill calls them man and wife: r.4braham was (fill Sarahs husband after he had committed Adultery by lying with Haar. So of D:rv;d, CTc. z. Thou:h Ch :ift bath allowed it to the innocent party, that he or the may commence that anion, and being judged, put the other away : yet no where bath he commanded it, that before judgement, he lhould pur her away, oohich, if the had ceafed to be his wife, he would have done, Marth. 59. 9. 7. Only he that joyned them can feparate them, and make them not man and wifa, which is Godonly. Indeed, Jet e ne reports of Fabiola, that without the judgment oî the Church, or Magilirate, the put away her husband, whowas a ve- ry vicious, and an adulterousman : But though hewritenot the refl, yet others lay, that the was made to do publick pennance : not that the made a divorce, but becaufe (he did it ofher felf without the judgement of the Church. .i. As private and clandelline marriages are not allowed by reafon of mani- fold inconveniences ; So privy and fecret divorces are not allowable, becaufe it would prove prejudicial to therood ofmany. ç. They are man and wife, till a jufl caufe be jay known to the contrary, but that cannot be in private, butbefore a competent fudge : Godallowing none to be accounted Adulterers, but fuch as are lawfully convicted of it before a lawful Ma!:gill:rate ; for by no right can a manbeboth Party and Judge. 6. If Adultery be nor known to the innocent, then they are Rill man and wife, though there be great prefumption of it : why not.then Ifknown ? Know- D ledge
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