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XXXI.
The Wifes whose Husbands shall be absent a long while in Voyages, for Merchants or otherwise, shall have recourse to the Magistrate, if they desire to be re-marry'd.
St. * 1.1 Basil in his 2 Canonical Epistle puts in the Number of Adulterous Women those which re-marry before they are certain of the death of their absent Husbands, yet in such a way as that he will have the Wifes of those that are in the Wars treated something more favourably than others, because a long absence makes it more be believ'd they are dead, than others which are absent for some o∣ther Subject.
Pope Leo the first Writing to Nicetas Bishop of A∣quilea touching Women that have re-marry'd after a long absence of their Husbands who had been carry'd away Captives, he Orders that at their return, * 1.2 they may be permitted to reassume their Wifes, who to this purpose are to separate from their second Husband, it was also the Opinion of Innocent I. Ep. 9.
Theodore Archbishop of Canterbury whom I cited on the 29th. Article, * 1.3 suffers a Lay man whose Wife has ab∣sented, to marry another at the expiration of seven years, with consent of the Bishop, and at the End of one year, if she has been taken away Captive by force.
The 83 Caunon of the 6 universal Council, * 1.4 follows near hand the Discipline of St. Basil, and partly that of Leo the First.
The 9th. of that of Verbery, which I have mention'd several times, suffers a Man who is forced to change