but, for ſome ſupervenient cauſe, it becomes improper or impoſſible for the parties to live together: as in the caſe of intolerable ill temper, or adultery, in either of the parties. For the canon law, which the common law follows in this caſe, deems ſo highly and with ſuch myſterious reverence of the nuptial tie, that it will not allow it to be unlooſed for any cauſe whatſoever, that ariſes after the union is made. And this is ſaid to be built on the divine revealed law; though that expreſſly aſſigns incontinence as a cauſe, and indeed the only cauſe, why a man may put away his wife and marry another[1]. The civil law, which is partly of pagan original, allows many cauſes of abſolute divorce; and ſome of them pretty ſevere ones, (as if a wife goes to the theatre or the public games, without the knowlege and conſent of the huſband[2]) but among them adultery is the principal, and with reaſon named the firſt[3]. But with us in England adultery is only a cauſe of ſeparation from bed and board[4]: for which the beſt reaſon that can be given, is, that if divorces were allowed to depend upon a matter within the power of either the parties, they would probably be extremely frequent; as was the caſe when divorces were allowed for canonical diſabilities, on the mere confeſſion of the parties[5], which is now prohibited by the canons[6]. However, divorces a vinculo matrimonii, for adultery, have of late years been frequently granted by act of parliament.
In caſe of divorce a menſa et thoro, the law allows alimony to the wife; which is that allowance, which is made to a woman for her ſupport out of the huſband's eſtate; being ſettled at the diſcretion of the eccleſiaſtical judge, on conſideration of all the circumſtances of the caſe. This is ſometimes called her eſtovers; for which, if he refuſes payment, there is (beſides the ordinary proceſs of excommunication) a writ at common law de eſtoveriis habendis, in order to recover it[7]. It is generally proportioned to
