11. But if she depart That this is not to be understood of those who have been put away for adultery, is evident from the punishment that followed in that case; for it was a capital crime even by the Roman laws, and almost by the common law of nations. But as husbands frequently divorced their wives, either because their manners were not congenial, or because their personal appearance did not please them, or because of some offense; (400) and as wives, too, sometimes deserted their husbands on account of their cruelty, or excessively harsh and dishonorable treatment, he says that marriage is not dissolved by divorces or dissensions of that nature. For it is an agreement that is consecrated by the name of God, which does not stand or fall according to the inclination of men, so as to be made void whenever we may choose. The sum is this: other contracts, as they depend on the mere inclination of men, are in like manner dissolved by that same inclination; but those who are connected by marriage are no longer free, so as to be at liberty, if they change their mind, to break in pieces the pledge, (401) (as the expression is,) and go each of them elsewhere in quest of a new connection. For if the rights of nature cannot be dissolved, much less can this, which, as we have said already, is preferred before the principal tie of nature.
But as to his commanding the wife, who is separated from her husband, to remain unmarried, he does not mean by this that separation is allowable, nor does he give permission to the wife to live apart from her husband; but if she has been expelled from the house, or has been put away, she must not think that even in that case she is set free from his power; for it is not in the power of a husband to dissolve marriage. He does not therefore give permission here to wives to withdraw, of their own accord, from their husbands, or to live away from their husband’s establishment, as if they were in a state of widowhood; but declares, that even those who are not received by their husbands, continue to be bound, so that they cannot take other husbands.
But what if a wife is wanton, or otherwise incontinent? Would it not be inhuman to refuse her the remedy, when, constantly burning with desire? I answer, that when we are prompted by the infirmity of our flesh, we must have recourse to the remedy; after which it is the Lord’s part to bridle and restrain our affections by his Spirit, though matters should not succeed according to our desire. For if a wife should fall into a protracted illness, the husband would, nevertheless, not be justified in going to seek another wife. In like manner, if a husband should, after marriage, begin to labor under some distemper, it would not be allowable for his wife to change her condition of life. The sum is this — God having prescribed lawful marriage as a remedy for our incontinency, let us make use of it, that we may not, by tempting him, pay the penalty of our rashness. Having discharged this duty, let us hope that he will give us aid should matters go contrary to our expectations.
(400) “ Pource qu’elles n’estoyent assez belles, ou pour quelque autre despit ou desplaisir;” — “Because they were not handsome enough, or on the ground of some other offense or dislike.”
(401) The phrase used by our Author — frangant tesseram — ( break the pledge) contains an allusion to the custom among the Romans of having, on occasion of a league of hospitality being formed, a tally ( tessera ) or piece of wood cut into two parts, of which each party kept one. If either of the parties acted inconsistently with the engagement, he was said — confregisse resseraph — to have broken the pledge. See Plaut. Cist. 2. 1:27. — Ed.