iage, as is always the case in consanguinity; not supervenient, or
arising _afterwards_, as may be the case in affinity or corporal
imbecillity. For in cases of total divorce, the marriage is declared
null, as having been absolutely unlawful _ab initio_; and the parties
are therefore separated _pro salute animarum_: for which reason, as
was before observed, no divorce can be obtained, but during the life
of the parties. The issue of such marriage, as is thus entirely
dissolved, are bastards[b].

[Footnote b: Co. Litt. 235.]

DIVORCE _a mensa et thoro_ is when the marriage is just and lawful _ab
initio_, and therefore the law is tender of dissolving it; 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[c]. 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[d]) but among them adultery is the principal, and with
reason named the first[e]. But with us in England adultery is only a
cause of separation from bed and board[f]: 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[g],
which is now prohibited by the canons[h]. However, divorces _a vinculo
matrimonii_, for adultery, have of late years been frequently granted
by act of parliament.

[Footnote c: Matt. xix. 9.]

[Footnote d: _Nov._ 117.]

[Footnote e: _Cod._ 5. 17. 8.]

[Footnote f: Moor 683.]

[Footnote g: 2 Mod. 314.]

[Footnote h: Can. 1603 c. 105.]

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 ou