D I V 2 



the spouses, intolerable temper, as sufficient to autho- 

 rise a partial separation, or a menin el I lore, 1-v which 

 the connubial society is broken up, while the mar- 

 riage iti If contimu It mint also be ob- 



1, that if certain imped ,;/ the time 



the marriage waa. entered into, and not tifh wards 

 nptnemif, such as nonage, corporal imbecility, and 

 many others, the marriage is, by the Kouiish institu- 

 tions, capable of 1 My annulled. But a* in 

 the' former case there is properly no divorce, the mar- 

 riage still subsisting to many important effects ; so nei- 

 ther in this can the term, at least in its ancient signifi- 



-.. In 1 applied, there being strictly no dissolution 

 of a marriage, but rather a declaration that, ///> iiiitiu, 



here was none, by reason of the impediments that 

 had all along existed in bar of it. 



As most of the countries of Europe fell under the 

 influence of the Romish church, this came, of course, 

 to be the prevailing notion regarding divorce ; and, 

 even when the Protestant countries had asserted their 

 spiritual independence, views of sound policy induced 

 many of them to entertain the same ideas regarding 



he indissolubility of the nuptial tye, which their re- 

 ligious instructors had formerly imposed. 



In England, in particular, the law of divorce continues 

 to this day, precisely as regulated by the Romish 

 canons. No divorce, properly so called, can there be 

 obtained, for any reason whatever. A special enact- 

 ment by the whole legislature is necessary for each 

 particular case. Nor have even the legislature been 

 hitherto induced to interfere, but in the case of the 

 highest injury suffered by one of the spouses infidelity 

 to the marriage bed, which must have previously been 

 the subject of a regular suit and conviction in the 

 competent court of law. In case of divorce n mennact 

 thoro, (for the law of England applies the term to 

 that partial separation of the married pair,) alimony, 

 or the means of subsistence, is allowed to the wife out 

 of the husband's estate; and it is adjusted by the judge 

 according to the circumstances of the case and of the 

 parties. If the divorce, however, has been obtained 

 by the husband against the wife, on the ground of 

 adultery, and she continues to live with her paramour, 

 the law denies her any support out of her Husband's 

 means. 



By the law of Scotland, besides a separation a mcnxa 

 ft thoro merely, divorce properly so called is autlioi isnl. 

 The grounds upon which it may be sought are restrict- 

 ed to two, adultery by < ither of the spouses, and deser- 

 tion for the period of at least four years. These are 

 the reasons which the Scottish reformers, disdaining to 

 be trammelled by the Romish institutions, found war- 

 ranted by Scripture, Matlli. v. a2 ; 1 Cor. vii. 5. In 

 this action the commissaries of Edinburgh are the only 

 i tent judges in the first instance; andbefore they can 

 proceed to consider the grounds of the action, the pursuer 

 must make oath that it is in no respect collusive. The 

 marriage bond isentirely broken by the judicial sentence, 

 there being no limitation upon die parties from forming 

 any new connection, except that by express statute, 1600 

 c. 20, if the divorce has been obtained on the head of 

 adultery, the offending parlies are prohibited from in- 

 termarrying; a wine regulation, since otherwise die 

 crime might often be committed in the very view of 

 accomplishing such a marriag<\ In the case of-deser- 

 tinn, the absencu roust Ix; wilful and malicious, and the 

 party deserting must first lx> ordained by the judge or- 

 dinary to adhere. On default, denunciation, as it is 

 called, must follow, and afterwards excommunication by 



I D I X 



the thurc; .9 may Uien proceed W 



give forth their n-i:; If the wi . 



been die ol liier in the case of infidelity or de- 



sertion, she forfeits her tocher, (or dowry,) to die in- 

 jured huslwmd, together with all the provisions which 

 would have ai i rued to her upon her husband's decease, 

 whether these ha', c U-cii fixed by contract between die 

 parties at entering into the marriage, or have been liTt 

 to the general disjios.it ion of law. If, on die other hand, 

 il is by the husband's desertion that the divorce lia 

 been occasioned, he Ixith restores the tocher, and \< 

 good the provisions in favour of the wit'e, to winch he 

 is bound either voluntarily or by law. .But it lias liecii 

 decided, that where the divorce proceeded on die g 

 of die husband's adultery, he is not liable to restore the 

 dowry, but only to make good the wife's, legal or con- 

 ventional provisions. 



Of late, our neighbours in England have manifested 

 some disposition to avail themselves of the facilities af- 

 forded by the Scottish institutions for obtaining divor- 

 ces ; and certain individuals, passing the border, and 

 obtaining a domicile in Scotland, have contrived ac- 

 cordingly to accomplish dieir purpose an indication 

 not inconsiderable of the increasing dissolutem 

 manners among that people. To what extent the courts 

 of England may be disposed to countenance the proceed- 

 ing is not yet ascertained. That it is, however, a mat- 

 ter of high concernment to her national police, i- 

 ciently obvious : while, at the same time, it furni ; 

 very curious and difficult subject of speculation as con- 

 nected with that courtesy which die judicial establish- 

 ments of one country ought, as much a- ]><>- -ible, to 

 practise towards those of another. It forms, however, 

 only one instance of the general doctrine of this cour- 

 tesy of nations, or, as it is termed among professional 

 men, the com il<i.i gentium. \Ve therefore avoid entering 

 iijx>n it at present, as a fit opportunity will occur under 

 the article I,\w, for discussing together the whole 

 principles of this nice and di licate subject (j. D.) 



DIUHIS, a genus of phnts of the class Gynandria, 

 and order Diandria. See BOTANY, p. .'Hi. 



DIXAX, a town of Abyssinia, is situated on the 

 summit of a conical hill, and is encircled with a deep 

 valley like a trench. The hill commands an extensive 

 prospect of the mountains of Tigre, and the country 

 around, which consists chiefly of rocky mountains, 

 many of which have villages like Di\an. The road 

 to the town i.s a spiral ascent, which has a fine cfi'ect. 

 The houses are fiat roofed, and have no windows. In- 

 stead of chimneys, they have two very narrow earthen- 

 ware pots, rising out of die roof. The only public 

 building here is the chapel, which consists of mud walls, 

 and a conical thatched r<x>f. When Mr Salt entered 

 the door of the enclosure, the boys who conducted him 

 kissed the door posts. The inner building was shut, 

 and the surrounding circle, which was strew n w ith rush- 

 es, had its walls covered with various strange figures 

 in glaring colours, among which vcre St George and 

 St Haimonout on horseback, with spears. The inhabi- 

 tants bring their water from a valley about a mile from 

 the town. The best articles for barter here, are to- 

 bacco, black pepper, looking-glas<es, snuff, spirits, and 

 large green beads. White cloths are preferred by di 

 people to those of' any other colour. 



The town is inhabited by Moors and Christians. 

 Every Ulan has from one to ten wives, according to his 

 wealth. Boys marry at 14> years of age, and girls at 

 10, 11, and 12; and the children are circumcised by 

 the women -when they arc eight days old. All the la- 



Mmrtf, 

 Dixin. 



