IX. The sentence of the Lord that it is
unlawful to withdraw from wedlock, save on account of
fornication,
Matt. v. 32. applies, according
to the argument, to men and women alike. Custom, however, does
not so obtain. Yet, in relation with women, very strict
expressions are to be found; as, for instance, the words of the apostle
“He which is joined to a harlot is one body”
1 Cor. vi.
16. and of Jeremiah, If a wife “become
another man’s shall he return unto her again? shall not that land
be greatly polluted?”
Jer. iii. 1. And again,
“He that hath an adulteress is a fool and
impious.”
Prov. xviii.
22, LXX. Yet custom
ordains that men who commit adultery and are in fornication be
retained by their wives. Consequently I do not know if the
woman who lives with the man who has been dismissed can properly be
called an adulteress; the charge in this case attaches to the woman
who has put away her husband, and depends upon the cause for which
she withdrew from wedlock. The Ben. note
is, Sequitur in hoc canone Basilius Romanas leges, quas tamen
fatetur cum evangelio minus consentire. Lex Constantini jubet
in repudio mittendo a femina hæc sola crimina inquiri, si
homicidam, vel medicamentarium, vel sepulcrorum dissolutorem maritum
suum esse probaverit. At eadem lege viris conceditur, ut
adulteras uxores dimittant. Aliud discrimen hoc in canone
uxores inter et maritos ponitur, quod uxor injuste dimissa, si ab
alia ducatur, adulterii notam non effugiat; dimissus autem injuste
maritus nec adulter sit, si aliam ducat, nec quæ ab eo ducitur,
adultera. Cæterum Basilius ante episcopatum eodem jure
uxorem ac maritum esse censebat. Nam in Moral. reg.
73statuit virum ab uxore, aut uxorem a viro non debere
separari, nisi quis deprehendatur in adulterio. Utrique
pariter interdicit novis nuptiis, sive repudient, sive
repudientur. In the
case of her being beaten, and refusing to submit, it would be better
for her to endure than to be separated from her husband; in the case
of her objecting to pecuniary loss, even here she would not have
sufficient ground. If her reason is his living in fornication
we do not find this in the custom of the church; but from an
unbelieving husband a wife is commanded not to depart, but to
remain, on account of the uncertainty of the issue. “For
what knowest thou, O wife, whether thou shalt save thy
husband?”
1 Cor. vii.
16. Here then
the wife, if she leaves her husband and goes to another, is an
adulteress. But the man who has been abandoned is pardonable,
and the woman who lives with such a man is not condemned. But
if the man who has deserted his wife goes to another, he is himself
an adulterer because he makes her commit adultery; and the woman who
lives with him is an adulteress, because she has caused another
woman’s husband to come over to her.