Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/457

 Ch. 15. but, for ome upervenient caue, it becomes improper or impoible for the parties to live together: as in the cae of intolerable ill temper, or adultery, in either of the parties. For the canon law, which the common law follows in this cae, deems o highly and with uch myterious reverence of the nuptial tie, that it will not allow it to be unlooed for any caue whatoever, that aries after the union is made. And this is aid to be built on the divine revealed law; though that exprely aigns incontinence as a caue, and indeed the only caue, why a man may put away his wife and marry another. The civil law, which is partly of pagan original, allows many caues of abolute divorce; and ome of them pretty evere ones, (as if a wife goes to the theatre or the public games, without the knowlege and conent of the huband ) but among them adultery is the principal, and with reaon named the firt. But with us in England adultery is only a caue of eparation from bed and board : for which the bet reaon 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 cae when divorces were allowed for canonical diabilities, on the mere confeion of the parties, which is now prohibited by the canons. However, divorces a vinculo matrimonii, for adultery, have of late years been frequently granted by act of parliament.

cae of divorce a mena et thoro, the law allows alimony to the wife; which is that allowance, which is made to a woman for her upport out of the huband's etate; being ettled at the dicretion of the eccleiatical judge, on conideration of all the circumtances of the cae. This is ometimes called her etovers; for which, if he refues payment, there is (beides the ordinary proces of excommunication) a writ at common law de etoveriis habendis, in order to recover it. It is generally proportioned to Rh