Volume II Part 52 (1/2)

763 Legouve, p. 199.

764 See some curious pa.s.sages in Troplong, pp. 222-223. The Fathers seem to have thought dissolution of marriage was not lawful on account of the adultery of the husband, but that it was not absolutely unlawful, though not commendable, for a husband whose wife had committed adultery to re-marry.

765 Some of the great charities of Fabiola were performed as penances, on account of her crime in availing herself of the legislative permission of divorce.

766 Laboulaye, _Recherches sur la Condition civile et politique des Femmes_, pp. 152-158.

767 ”A discourse concerning the obligation to marry within the true communion, following from their style (_sic_) of being called a holy seed.” This rare discourse is appended to a sermon against mixed marriages by Leslie. (London, 1702.) The reader may find something about Dodwell in Macaulay's _Hist. of England_, ch. xiv.; but Macaulay, who does not appear to have known Dodwell's masterpiece-his dissertation _De Paucitate Marturum_, which is one of the finest specimens of criticism of his time-and who only knew the discourse on marriages by extracts, has, I think, done him considerable injustice.

768 Dodwell relies mainly upon this fact, and especially upon Ezra's having treated these marriages as essentially null.

769 ”Jungere c.u.m infidelibus vinculum matrimonii, prost.i.tuere gentilibus membra Christi.”-Cyprian, _De Lapsis_.

770 ”Haec c.u.m ita sint, fideles Gentilium matrimonia subeuntes stupri reos esse constat, et arcendos ab omni communicatione fraternitatis.”-Tert. _Ad Uxor._ ii. 3.

771 See on this law, and on the many councils which condemned the marriage of orthodox with heretics, Bingham, _Antiq._ xxii. 2, ---- 1-2.

772 Many curious statistics ill.u.s.trating this fact are given by M.

Bonneville de Marsangy-a Portuguese writer who was counsellor of the Imperial Court at Paris-in his _etude sur la Moralite comparee de la Femme et de l'Homme_. (Paris, 1862.) The writer would have done better if he had not maintained, in lawyer fas.h.i.+on, that the statistics of crime are absolutely decisive on the question of the comparative morality of the s.e.xes, and also, if he had not thought it due to his official position to talk in a rather grotesque strain about the regeneration and glorification of the s.e.x in the person of the Empress Eugenie.

773 See Pliny, _Hist. Nat._ x.x.xiv. 19.

774 ”Tantum inter Stoicos, Serene, et ceteros sapientiam professos interesse, quantum inter fminas et mares non immerito dixerim.”-_De Const. Sapientis_, cap. i.