upon Matthew Chap. 5. 19. I heer insert it from p. 46. Since wee have need of civil laws and the power of punishing it will be wisest not to contemn those giv'n by Moses but seriously rather to consider what the meaning of God was in them what he cheifly requir'd and how much it might be to the good of every Nation if they would borrow thence thir manner of governing the Common-wealth yet freely all things and with the Spirit of Christ For what Solon or Plato or Aristotle what Lawyers or Caesars could make better laws then God And it is no light argument that many Magistrates at this day doe not anough acknowledge the kingdom of Christ though they would seem most Christian in that they govern thir States by laws so divers from those of Moses The 18 Chap. I only mention as determining a thing not heer in question that mariage without consent of parents ought not to be held good yet with this qualification fit to be known That if parents admit not the honest desires of thir children but shall persist to abuse the power they have over them they are to be mollifi'd by admonitions entreaties and persuasions first of thir freinds and kindred next of the Church Elders Whom if still the hard parents refuse to hear then ought the Magistrate to interpose his power left any by the evil minde of thir parents be detain'd from mariage longer then is meet or fore't to an unworthy match in which case the Roman laws also provided Gâ—de nupt. l. 11. 13. 26. CHAP. XIX Whether it may be permitted to revoke the promise of mariage HEer ariseth another question concerning Contracts when they ought to be unchangeable for religious Emperours decreâ—'d that the contract was not indissoluble until the spouse were brought home and the solemnities perform'd They thought it a thing unworthy of divine and human equitie and the due consideration of mans infirmitie in deliberating and determining when space is giv'n to renounce other contracts of much lesse moment which are not yet confirm'd before the Magistrate to deny that to the most waighty contract of marriage which requires the greatest care and consultation Yet left such a covenant should be brok'n for no just cause and to the injury of that person to whom mariage was promis'd they decreed a fine that he who deni'd mariage to whom he had promis'd and for some cause not approv'd by the Judges should pay the double of that pledge which was giv'n at making sure or as much as the Judge should pronounce might satisfie the dammage or the hinderance of either parsie It beeing most certain that ofttimes after contract just and honest causes of departing from promise come to be known and found out it cannot be other then the duty of pious Princes to give men the sâ—me liberty of unpromising in these cases as pious Emperours granted especially where there is only a promise and not carnal knowledge And as there is no true mariage between them who agree not in true consent of mind so it will be the part of godly Magistrates to procure that no matrimony be among thir Subjects but what is knit with love and consent And though your Majesty be not bound to th imperial laws yet it is the duty of a Christian King to embrace and follow what ever he knows to be anywhere piously and justly constituted and to be honest just and well-pleasing to his people But why in Gods law and the examples of his Saints nothing heerof is read no marvell seeing his ancient people had power yea a precept that who so could not bend hismind to the true love of his wife should give her a bill of divorce and send her from him though after carnal knowledge and long dwelling together This is anough to authorize agâ—dly Prince in that indulgence which he gives to the changing of a Contract both because it is certainly the invâ—ntion of Antichrist that the proâ—rise of mariage de praesenti as they call it should be indissoluble and because it should be a Princes care that matrimony be so joyn'd as God ordain'd which is that every one should love his wife with such a love as Adam exprest to Eve So as wee may hope that they who marry may become one slâ—sh and one also in the Lord CHAP. XX Concerns only the celebration of mariage CHAP. XXI The means of preserving mariage holy and pure NOw since there ought not to be lesse care that mariage be religiously kept then that it be piously and deliberately contracted it will be meet that to every Church be ordan'd certain grave and godly men who may have this care upon them to observ whether the husband bear himself wisely toward the wife loving inciting her to all piety and the other duties of this life and whether the wife be subject to her husband and study to be truly a meet help to him as first to all godlines so to every other use of life And if they shal find each to other failing of their duty or the one long absent from the other without just and urgent cause or giving suspicion of irreligious and impure life or of living in manifest wickednes let it be admonisht them in time And if thir autority be contemn'd let the names of such contemners be brought to the Magistrate who may use punishment to compell such violaters of mariage to thir duty that they may abstain from all probable suspicion of transgressing and if they admit of suspected company the Magistrate is to forbid them whom they not therin oboying are to be punisht as adulterers according to the law of Justinian Authont 117. For if holy wedlock the Fountain and Seminary of good subjects be not vigilantly preserv'd from all blots and disturbances what can be hop'd as I said before of the springing up of good men and a right reformation of the Common-wealth We know it is not anough for Christians to abstain from foul deeds but from the appearance and suspicion therof CHAP. XXII Of full divorce what the ancient Churches have thought Now we shall speak about that dissolving of mutrimony which may be approv'd in the sight of God if any greevous necessity requite In which thing the Roman Antichrists have knit many a pernicious entanglement to distrissed consuiences for that they might heer also exalt themselvs above God as if they would be wiser and chaster then God himself is for no cause honest or necessary will they permit final divorce in the 〈◊〉 while whordoms and adulteries and worâ— things then these not duly tolerating in themselvs and others but therishing and throwing then headlong into these evils For although they also dis-joyn married persons from board and bed that is from all conjugall society and communion and this not only for adultery but for ill usage and matrimoniall duties deni'd yet they forbid thosâ— thus parted to joyn in wedlock with others but as I said before any
and proper and main end of mariage is the communicating of all duties both divine and humane each to other with utmost benevolence and affection CHAP. XXXIX The properties of a true and Christian mariage more distinctly repeated BY which definition wee may know that God esteems and reckons upon these foure necessary properties to be in every true mariage 1. That they should live together unlesse the calling of God require otherwise for a time 2. That they should love one another to the height of dearnes and that in the Lord and in the communion of true Religion 3. That the husband beare himself as the head and preserver of his wife instructing her to all godlines and integritie of life that the wife also be to her husband a help according to her place especially furdering him in the true worship of God and next in all the occasions of civil life And 4. That they defraud not each other of conjugal benevolence as the Apostle commands 1 Cor. 7. Hence it follows according to the sentence of God which all Christians ought to be rul'd by that between those who either through obstinacy or helples inabilitie cannot or will not perform these repeated duties between those there can be no true matrimony nor ought they to bâ— counted man and wife CHAP. XL Whether those crimes recited Chap. 37. out of the civil law dissolv matrimony in Gods account NOw if a husband or wife be found guilty of any those crimes which by the law consensu are made causes of divorce t is manifest that such a man cannot be the head and preserver of his wife nor such a woman be a meet help to her husband as the divine law in true wedlock requires for these faults are punisht either by death or deportation or extream infamy which are directly opposite to the covnant of mariage If they deserve death as adultery and the like doubtles God would not that any should live in wedlock with them whom he would not have to live at all Or if it be not death but the incurring of notorious infamy certain it is neither just nor expedient nor meet that an honest man should be coupl'd with an infamous woman nor an honest matron with an infamous man The wise Roman Princes had so great regard to the equal honour of either wedded person that they counted those mariages of no force which were made between the one of good repute and the other of evill note How much more will all honest regard of Christian expedience and comlines beseem concern those who are set free and dignify'd in Christ then it could the Roman Senate or thir sons for whoÌ„ that law was provided And this all godly men will soon apprehend that he who ought to be the head and preserver not only of his wife but also of his children and family as Christ is of his Church had need be one of honest name so likewise the wife which is to be the meet help of an honest and good man the mother of an honest off-spring and family the glory of the man ev'n as the man is the glory of Christ should not be tainted with ignominy as neither of them can avoid to be having bin justly appeacht of those forenamed crimes and therfore cannot be worthy to hold thir place in a Christian family yea they themselvs turn out themselvs and dissolv that holy covnant And they who are true brethren and sisters in the Lord are no more in bondage to such violaters of mariage But heer the Patrons of wickednes and dissolvers of Christian discipline will object that it is the part of man and wife to bear one anothers crosse whether in calamitâ—e or infamy that they might gain each other if not to a good name yet to repentance and amendment But they who thus object seek the impunity of wickednes and the favour of wicked men not the duties of true charity which preferrs public honesty before private interest and had rather the remedies of wholsom punishment appointed by God should be in use then that by remisness the licence of evil doing should encrease For if they who by committing such offences have made void the holy knott of mariage be capable of repentance they will be sooner mov'd when due punishment is executed on them then when it is remitted Wee must ever beware lest in contriving what will be best for the souls health of delinquents wee make our selvs wiser and discreeter then God He that religiously waighs his oracles concerning mariage cannot doubt that they who have committed the foresaid transgressions have lost the right of matrimony and are unworthy to hold thir dignity in an honest and Christian family But if any husband or wifeâ—see such signs of repentance in thir transgressor as that they doubt not to regain them by continuing with them and partaking of thir miseries and attaintures they may be left to thir own hopes and thir own mind saving ever the right of Church and Common-wealth that it receav no scandal by the neglect of due severity and thir children no harm by this invitation to licence and want of good education From all these considerations if they be thought on as in the presence of God and out of his Word any one may perceav who desires to determine of these things by the Scripture that those causes of lawfull divorce which the most religious Emperours Theodosius and Valentinian set forth in the forecited place are according to the law of God and the prime institution of mariage And were still more and more straitn'd as the Church and State of the Empire still more and more corrupted and degenerated Therfore pious Princes Common-wealths both may and ought establish them again if they have a mind to restore the honour sanctitie and religion of holy wedlock to thir people and dis-intangle many consciences from a miserable and perilous condition to a chaste and honest life To those recited causes wherfore a wife might send a divorce to her husband Justinian added foure more Constit 117. And foure more for which a man might put away his wife Three other causes were added in the Code derepudiis l. Jubemus All which causes are so cleerly contrary to the first intent of mariage that they plainly dissolv it I set them not down beeing easie to be found in the body of the civil Law It was permitted also by Christian Emperours that they who would divorce by mutuall conscnt might without impediment Or if there were any difficulty at all in it the law expresses the reason that it was only in favour of the children so that if there were none the law of those godly Emperours made no other difficulty of a divorce by consent Or if any were minded without consent of the other to divorce and without those causes which have bin nam'd the Christian Emperours laid no other punishment upon them then that the husband wrongfully divorcing his wife should give back
there should be a perpetual union both in body and spirit where this is not the matrimony is already broke before there be yet any divorce made or second mariage CHAP. XXIX That it is wicked to strain the words of Christ beyond thir purpose This is his third Axiom wherof there needs no explication heer CHAP. XXX That all places of Scripture about the same thing are to be joyn'd and compar'd to avoid Contradictions This be demonstrates at large out of sundry places in the Gospel and principally by that precept against swearing which compar'd with many places of the Law and Prophets is a flat contradiction of them all if we follow superstitiously the letter Then having repeated briefly his foâ—re Axioms he thus proceeds These things thus preadmonisht let us enquire what the undoubted meaning is of our Saviours words and enquire according to the rule which is observ'd by all learned and good men in their expositions that praying first to God who is the only opener of our hearts wee may first with fear and reverence consider well the words of our Saviour touching this question Next that wee may compare them with all other places of Scripture treating of this matter to see how they consent with our Saviours words and those of his Apostle CHAP. XXXI This Chapter disputes against Austin and the Papists who deny second mariage ev'n to them who divorce in case of adultery which because it is not controverted among true Protestants but that the innocent person is easily allow'd to marry I spare the translating CHAP. XXXII That a manifest adulteresse ought to be divorc't and cannot lawfully be retain'd in mariage by any true Christian This though be prove sufficiently yet I let passe because this question was not hindl'd in the Doctrine and discipline of divorce to which book I bring so much of this Treatise as runs parallel CHAPTER XXXIII That adultery is to be punisht by death This Chapter also I omitt for the reason last alleg'd CHAP. XXXIV That it is lawfull for a wife to leav an adulterer and to marry another husband This is generally granted and therfore excuses me the writing out CHAP. XXXV Places in the Writings of the Apostle Paul touching divorce explain'd LEt us consider the answers of the Lord giv'n by the Apostle severally Concerning the first which is Rom. 7. 1. Know yet not brethren for I speak to them that know the law c. Ver. 2. The woman is bound by the law to her husband so long as he liveth Heer it is certain that the holy Ghost had no purpose to determine ought of mariage or divorce but only to bring an example from the common and ordinary law of wedlock to shew that as no covnant holds either party beeing dead so now that wee are not bound to the law but to Christ our Lord seeing that through him wee are dead to sin and to the law and so joyn'd to Christ that wee may bring forth fruit in him from a willing godlines and not by the compulsion of law wherby our sins are more excited and become more violent What therfore the holy Spirit heer speaks of matrimony cannot be extended beyond the general rule Besides it is manifest that the Apostle did allege the law of wedlock as it was deliver'd to the Jews for saith he I speak to them that know the law They knew no law of God but that by Moses which plainly grants divorce for several reasons It cannot therfore be said that the Apostle cited this generall example out of the law to abolish the several exceptions of that law which God himself granted by giving autority to divorce Next when the Apostle brings an example out of Gods law concerning man and wife it must be necessary that wee understand such for man and wife as are so indeed according to the same law of God that is who are so dispos'd as that they are both willing and able to perform the necessary duties of mariage not those who under a false title of mariage keep themselves mutually bound to injuries and disgraces for such twain are nothing lesse then lawfull man and wife The like answer is to be giv'n to all the other places both of the Gospel and the Apostle that what ever exception may be prov'd out of Gods law be not excluded from those places For the Spirit of God doth not condemn things formerly granted and allow'd where there is like cause and reason Hence Ambrose upon that place 1 Cor. 7. 15. A brother or a sister is not under bondage in such cases thus expounds The reverence of mariage is not due to him who abhors the author of mariage nor is that mariage ratify'd which is without devotion to God he sins not therfore who is put away for Gods cause though be joyn himself to another For the dishonor of the Creator dissolves the right of matrimonl to him who is deserted that he be not accus'd though marrying to another The faith of wedlock is not to be kept with him who departs that he might not hear the God of Christians to be the author of wedlock For if Ezra caus'd the mis-beleeving wives and husbands to be divorc't that God might be appeas'd and not effended though they took others of thir own faith how much more shall it be free if the mis-beleever depart to marry one of our own Religion For this is not to be counted matrimony which is against the law of God Two things are heer to be observ'd toward the following discourse which truth it self and the force of Gods word hath drawn from this holy man For those words are very large Matrimony is not ratify'd without devotion to God And the dishonour of the Creator dissolvs the right of matrimony For devotion is farre off and dishonor is done to God by all who persist in any wickednes and hainous crime CHAP. XXXVI That although it seem in the Gospel as if our Saviour granted divorce only for adultery yet in very deed he granted it for other causes also NOw is to be dealt with this question Whether it be lawful to divorce and marry again for other causes besides adultery since our Saviour exprest that only To this question if we retain our principles already laid and must acknowledge it to be a cursed blasphemy if we say that the words of God doe contradict one another of necessity we must confesse that our Lord did grant divorce and mariage after that for other causes besides adultery notwithstanding what he said in Matthew For first they who consider but only that place 1 Cor. 7. which treats of beleevers and misbeleevers matcht together must of force confesse that our Lord granted just divorce and second mariage in the cause of desertion which is other then the cause of fornication And if there be one other cause found lawfull then is it most true that divorce was granted not only for fornication Next it cannot be doubted
as I shew'd before by them to whom it is giv'n to know God and his judgements out of his own word but that what means of peace and safety God ever granted and ordain'd to his elected people the same he grants and ordains to men of all ages who have equally need of the same remedies And who that is but a knowing man dares say there be not husbands and wives now to be found in such a hardnesse of heart that they will not perform either conjugal affection or any requisâ—t duty therof though it be most deserv'd at thir hands Neither can any one deferre to confesse but that God whose property it is to judge the cause of them that suffer injury hath provided for innocent and honest persons wedded how they might free themselvs by lawfull means of divorce from the bondage and iniquity of those who are falsly term'd thir husbands or thir wives This is cleer out of Deut 24. 1. Malach. 2. Matth. 19. 1 Cor. 7. and out of those principles which the Scripture every where teaches That God changes not his minde dissents not from himself is no accepter of persons but allows the same remedies to all men opprest with the same necessities and infirmities yea requires that wee should use them This he will easily perceave who considers these things in the Spirit of the Lord Lastly it is most certain that the Lord hath commanded us to obey the civil laws every one of his own Common-wealth if they be not against the laws of God CHAP. XXXVII For what causes divorce is permitted by the civil Law ex 1. consensu Codic de repudiis IT is also manifest that the law of Theodosius and Valentinian which begins Consensu c. touching divorce and many other decrees of pious Emperours agreeing heerwith are not contrary to the word of God And therfore may be recall'd into use by any Christian Prince or Common-wealth nay ought to be with due respect had to every nation For whatsoever is equall and just that in every thing is to be sought and us'd by Christians Hence it is plain that divorce is granted by divine approbation both to husbands and to wives if either party can convict the other of these following offences before the Magistrate If the husband can prove the wife to be an adulteresse a witch a murdresse to have bought or sold to slavery any one free born to have violated sepulchers committed sacrilege favor'd theevs and robbers desitous of feasting with strangers the husband not knowing or not willing if she lodge forth without a just and probable cause or frequant theaters and sights he forbidding if she be privie with those that plot against the State or if she dealâ— falsly or offer blows And if the wife can prove her husband guilty of any those fore-named crimes and frequent the company of lewd women in her sight or if he beat her she had the like liberty to quit herselfe with this difference that the man after divorce might forthwith marry again the woman not till a year after lest she might chance to have conceav'd CHAP. XXXVIII An exposition of those places wherein God declares the nature of holy wedlock NOw to the end it may be seen that this agrees with the divine law the first institution of mariage is to be consider'd and those texts in which God establisht the joyning of male and famale and describ'd the duties of them both When God had determin'd to make woman and give her as a wife to man he spake thus Gen. 2. 18. It is not good for man to be alone I will make him a help meet for him And Adam said but in the Spirit of God v. 23. 24. This is now bone of my bone and slesh of my slesh Therfore shall a man leav his father and mother and shall clâ—av to his wise and thy shall be one slesh To this first institution did Christ recall his own when answering the Pharises he condemn'd the licence of unlawfull divorce He taught therfore by his example that we according to this first institution and what God hath spok'n therof ought to determin what kind of covnant mariage is how to be kept and how farre and lastly for what cauâ—s to be dislolv'd To which decrees of God these also are to be joyn'd which the holy Ghost hath taught by his Apostle that neither the husband nor the wife hath power of their own body but mutually each of eithers That the husband shall love the wife as his own body yea as Christ loves his Church and that the wife ought to be subject to her husband as the Church is to Christ By these things the nature of holy wedlock is certainly known whereof if only one be wanting in both or either party and that either by obstinate malevâ—lence or too deep inbred weakâ—es of minde or lastly through incurable impotence of body it cannot then be said that the covnant of matrimony holds good between such if we mean that covnant which God instituted and call'd Mariage and that wherof only it must be understood that our Saviour said Those whom God hath joyn'd let no man separate And hence is concluded that matrimonv requires continuall cohabitation and living together unlesse the calling of God be otherwise evident which union if the parties themselves dis-joyn either by mutuall consent or one against the others will depart the marriage is then brok'n Wherein the Papists as in other things oppose themselvs against God while they â—rate for many causes from bed and board yet will have the bond of matrimony remain as if this covnant could be other then the conjunction and communion not only of bed board but of all other loving and helpfull duties This we may see in these words I will make him a help meet for him bone of his bones and flesh of his slesh for this cause shall he leav father and mother and cleav to his wife and they twain shall be one flesh By which words who discerns not that God requires of them both so to live together and to be united not only in body but in mind also with such an affection as none may be dearer and more ardent among all the relations of mankind nor of more efficacy to the mutual offices of love and loyalty They must communicate and consent in all things both divine and human which have any moment to well and happy living The wife must honour and obey her husband as the Church honours and obeys Christ her head The husband must love and cherish his wife as Christ his Church Thus they must be to each other if they will be true man and wife in the sight of God whom certainly the Churches ought to follow in thir judgement Now the proper and ultimate end of mariage is not copulation or children for then there was not true matrimony between Joseph and Mary the mother of Christ nor between many holy persons more but the full