Tracts, legal and historical

186
rant'ia under even stronger circumstances, did not
legitimate the offspring. Johanna Cunnynghyn
(Cunningham), was related within the forbidden
degrees of affinity to Adam More, but their mutual
friends desiring their union, certain letters were pro-
duced which were represented to be a dispensation,
upon the credit of which, Johanna, (who had before
a repugnance to the step) in the belief that they
were genuine, actually married him. It happened,
however, that the letters were forged, a circumstance
of which Adam was well aware, but Johanna being
quite in a different predicament, and thus clearly in
bona fide, we might have thought that their sub-
sequent issue would have been legitimate, as the
bona fides only of one party is held in law to be
sufficient for the purpose. But no such thing, — it
was found necessary to apply to the Holy See, who
accordingly granted a dispensation — so far as it
could — confirming the marriage without a previous
divorce, and legitimating the children. 1 That these
1 " Auctoritate Apostolica, de speciali gratia — de Apostolice ple-
nitudine potestatis." These expressions are here used, and the par-
ties are allowed " in dicto matrimonio licite remanere ;" hence it
is additionally proved, that their marriage de facto must have
been in Jade ecclesie, and not clandestine* Dispensations in
general contain many high-sounding dogmas, arrogating to the
Pope most extensive powers, and dwelling upon the plenitude of
his authority in tempering Law, but they were not to the excess
that has been represented, or viewed in the same light by third
parties. There were besides different degrees of legitimations