here what is contained in the 36th. Cannon of the for∣mer; That it be not permitted to any one whatsoever to for∣sake his Wife, and to joyn himself to another, unless it be in case of Adultery, otherwise the offender must take the former. The same Cannon is repeated in the Second, in the same Terms, and under the same Number of 36.
The Council of Tribur, whereof I have already spoke, on the 13th Article, confirms the same practise in the 41. Cannon, where the Fathers require, that Bishops having regard to human frailty, should comfort those who have been separated for Adultery, and which cannot con∣tain, in suffering them to re-marry after having fulfill'd the time of their pennance.
The Frier Blastares whom I have already cited seve∣ral times,
testifies that the Greek Church used so in his time, that is, in the 14th. Century, for amongst the se∣veral reasons for dissolving Marriage, he reckons Adulte∣ry, for the which he declares Marriage may lawfully be dissolved, and contract another, after sentence of the Judges.
It was in regard to this practise of the Eastern Nations,
that the Ambassadors of Venice caused to be read in the Council of Trent a demand they made on the Anathema of divorces, which contain'd in substance, that their Republick held the Islands, and Kingdoms of Cyprus, Candy, Corfou, Zante, and Cephalony, inhabited by Greeks, who time out of mind have been wont to put away the wife guilty of Adultery, and to Marry another, and that this Custom known to the whole Church, Was never condemned nor blamed by any Council, and therefore that the Fathers would be pleased to dispose the Cannon that treated thereof in such a way, as should not be preju∣dicial to them, to which the Council had some regard, for the Opinion of the Greeks was not there directly con∣demn'd.