A philologicall commentary, or, An illustration of the most obvious and useful words in the lavv with their distinctions and divers acceptations, as they are found as well in reports antient and modern as in records and memorials never printed : usefull for all young students of the law / by Edward Leigh ...

DIVORCE.

Divorce, is so called either a diversa •• •••• mentium of the diversity of minds of those that are marri∣ed,* 1.1 because such as are divorced, go one a diverse way ••rom the other, or from the verb divert which signifieth to return back because after the Divorce between the Husband and the Wife, he returneth her again to her Father or other Friends, or to the place from whence he had her.

There are di••ers causes for which the Husband and the Wife may be divorced.

• 1. Causa praecontractus, therefore if a man mar∣ry wish a woman precon••••a••te•• and hath issue b•• her,* 1.2 this issue in Law, and in truth bears the sir∣name of his Father: but i•• after the Husband and the Wife be divorced for the pre-contra••t, there the issue hath lost his sirname, and it become a Bastard & nullius fi••u••s.
• 2. Causa frigiditatis, therefore if a man be ma∣ried to a woman, and after the•• are divorced causa frigiditatis, and then the m••n ta•••••••• ano∣ther Wife, and hath issue by her, ye•• his 〈…〉〈…〉 law∣full, because that a man may be habi•••••• & 〈…〉〈…〉 diversis temporibus. S••mp•••• p••esu••nt••r p••••••le▪ 〈…〉〈…〉∣tione ••ili••rum & ••iliatio n•••••• ••••st 〈…〉〈…〉.
• 3. Causa impubert••••••s, or m〈…〉〈…〉s statis, and •••• this ca••e if two be married 〈…〉〈…〉, and after the full age divorce is had between them th••s dissolves the marriage.

Divorce is two-fold.

• 1. A vinculo matrim••nti, causa praecontract••••, causa metus, causa imp••t••mi•• seu frig••ditatis,* 1.3 causa a••finitatis seu consanguin••tatis: all which are causes of divorce preceding the marriage.
• 2. A mensa & th••r••, as causa adulterii, which dissolves not the ma••riage a vincul•• matrimonii, nor bars the Wise of dower, for it is subsequent to the▪ marriage.

Notes

• * 1.1

  Ridly of the Civil Law. Cook on Lit.
• * 1.2

  Buries case 5 Rep.
• * 1.3

  Cook on Lit. l. 3. c. 5. sect. 38••. and •• Rep. Kennes case.