Ir the words “ as often as” be introduced in reference to marriage,
by a man faying “ as often as I marry any woman the is divorced,”
divorce takes place upon every inftance of his marrying afterwards,
though he fhould marry the woman a fecond time, after her having
been in the interim married to another, becaufe here the penalty is
referred to the power he poffefies of divorce, which is a confequence
o f marriage; and as this power is not reftridted to any particular in-
ftance, but invariably accompanies every marriage, it follows that the
penalty mull take place upon every occurrence of the condition.
rio'Tvow f A con d it ion a l , vow of divorce is not annulled by the extinction
divorce is not of the right; that is, i f a man fay to his wife “ you are divorced,
theextlnftion “ w^en 7 0u eater this houfe,” and he afterwards give her one or
of property, two divorces, and her Edit be completed, the force of the vow ftill
continues under the extindtion of right occafioned by fuch divorce;
becaufe the condition.fpecified, namely, her entrance into the houfe,
has not yet been accomplifhed, and therefore ftill continues to exift;
and the penalty remains, becaufe of the continuance of its fubjeft;
wherefore the vow alfo continues: thus, if the condition take, place
during the exigence o f right, the vow is accomplifhed,. and divorce
takes place, becaufe of the occurrence of the condition, and becaufe
the fubjedt is liable to the penalty; and if it occur under the ex tinEiion
of right, as above, the vow is done away, on account of the condition
having, occurred: but no. divorce takes place, becaufe in this cafe the
woman is not a fubjedt of divorce; for a fubjedt of divorce is.a woman
who is a property according to the right of marriage.
Cafe of a If a hufband and wife differ concerning the condition, the former
tweeTthe" averting that it had not yet occurred, and the latter that it had, the
parties con- declaration of the hufband is to be credited, unlefs the woman produce
occurrence of proof in fupport of her allegation, becaufe the hufband is as, the de-
thecondition, fepdatit, denying the exiflence of divorce, and the confequent ex-
tindlion of his righ t; whereas the wife is as the plaintiff, affirming it.
8 This
This relates to a cafe. where the condition is of fuch a nature that
its occurrence may be afcertained by other means, than by the t^ftri
mony of the wife herfelf; but if it be of fuch nature that no evidence
but her own is competent to the afeertaining of the condition, her
declaration is to be credited in preference to that of her hufband.
This; however, holds with refp'edt to herfelf only, and not with re-
fpedt to any other woman; for if a man fay to his wife “ upon the
“ coming on of your coUrfes you are divorced,— and alfo fuch an one
I my other wife,” and the woman afterwards declare her menftrua-
tion to have commenced, divorce takes place upon her only, and not
upon the other wife. This proceeds' upon a favourable conftrudtion.—
Analogy would fuggeft that divorce does plot take place upon her
either, becaufe fhe is in this cafe in 'th e character of plaintiff,
affirming the occurrence of the condition, and the confequent divorce,,
and the hufband is as the defendant, denying; and the declaration of
a plaintiff is not to be credited but upon proof; but the reafon for the
more, favourable conftrudtion of. the law in this inftance, is that the
woman is inquifttor with refpedt to herfelf, as the occurrence of her
pourfes cannot be known but through her; and hence her declaration
is credited on this occafion as well as in cafes-of Edit, or .,of carnal
'conjiindtion; that is to fay, if a woman, having been divorced, fhould:
declare that “ her Edit having paffed, fhe had then been married to a.
“ man, who having duly confummated, had then divorced her,. and
“ that her Edit from'that hufband had alio elapied,”— this her declaration
I
is credited, fo as to render her lawful in marriage to her firft.
hufband; and in the fame manner the declaration of the wife is, credited
with refpedt to herfelf in the prefent inftance;. but.-it is not fo-
with refpedt to the other wife, becaufe this one is only in the charadter
of a witnefs with refpedt to the other, .and the declaration of a Angle-
Witnefs: is. not to be credited, efpecially where fhe is liable to fiifpiciori,
which muft be the chfe in the' prefent inftance, dn account of
the enmity fubfifting Between her and the other from the latter being