This bill was written by a Scrivener, or publick Notary.[689] And furthermore,[690] a woman being divorced, or otherwise a widow, it was not lawful for her to marry again, till she had tarried ninety days, besides the day of her divorce, or of her husbands death, and her last espousals: to the end it might be known, whether she were with child or no, & that there might be proof, whether it were the seed of her first husband, or of her second.
[689] Solomon Jarchi. Hos. c. 1. 10.
[690] Maimon. de divort. cap. 11. sect. 18.
It was a common custome among the Romans, about the time of our Saviours birth, even for the women to divorce their Husbands, and to marry again at their pleasure. Of this, Heathen Authors speak:
——Sic fiunt octo mariti,
Quinque per autumnos.
Juvenal. Satyr 6. verse 230.
Et nubet decimo jam Thelesina viro.
Martial. lib. 8.
Non consulum, sed maritorum numero annos suos computant, &c.[691] The bill tendred by the woman, was termed[692] Γράμματα ἀπολείψεως, letters of forsaking; not letters of cutting off, or putting away. This same practise was in use also among the Hebrews. Hence is that saying of our Saviour: If a woman shall put away her husband, and be married to another, &c. Mark 10. 12. Now although, at that time, humane laws forbad not marriages renewed with others upon such divorce, yet Gods law condemned both such divorces, & such marriages, and, before God, persons marrying after such divorcements were reputed digamites, that is, to have two husbands, or two wives. For this reason, a Minister above others is commanded to be μιᾶς γυναικὸς ἀνὴρ; The husband of one wife, 1 Tim. 3. 2. And the woman she is commanded to be ἑνὸς ἀνδρὸς γυνὴ, The wife of one husband, 1 Tim. 5. 9. In which text, second marriages (in case of the Husbands or Wives death) are no more forbidden, than the Poet forbade them in the like phrase.