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A66870 The case of divorce and re-marriage thereupon discussed by a reverend prelate of the Church of England and a private of the Church of England and a private gentleman ; occasioned by the late act of Parliament for the divorce of the Lord Rosse. Wolseley, Charles, Sir, 1630?-1714. 1673 (1673) Wing W3307; ESTC R9734 27,389 164

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The CASE OF DIVORCE AND RE-MARRIAGE thereupon Discussed By a Reverend Prelate of the Church of England and a private Gentleman Occasioned by the late Act of Parliament for the Divorce of the Lord ROSSE I know that Messias cometh which is called Christ when he is come he will tell us all things Joh. 4. 25. LONDON Printed for Nevill Simmons at the Prince's Armes in St. Pauls Church-yard 1673. READER THese Papers were drawn up when the Business of the Lord Rosse was debated in Parliament and had their rise from That transaction The first part of them was Written by a private hand and was occasioned by a Discourse with a learned Bishop now with God upon that Subject and being presented to him he returned the following Animadversions upon it to which the Answer Here set down was Then given by the same hand The whole is now made publick for thy information and satisfaction about this matter Touching Divorce and Remarriage thereupon AN incapacity for the ends of marriage previous to it makes a Nullity of the marriage upon a subsequent discovery of it This needs no determination by any positive Law For the Law of Nature and the reason of the thing it self gives an universal determination of it every where By the Law of Moses unchastity before Marriage or contraction if concealed and all unchastity after Contraction or Marriage was to be punished with death and no mention made in the Law of any such thing as Divorce in that Case Moses in the 24th of Deuteronomy gave This allowance for Divorce vers 1 2. When a man hath taken a Wife and Marryed her and it come to pass that she find no favour in his eyes because he hath found some uncleanness in her Then let him write her a Bill of Divorcement and give it in her hand and send her out of his house And when she is departed out of his house she may go and be another mans wife which was but an allowance in some Cases and in those too did rather liberare à Poena than a Vitio We need not inquire farther why this was done our Saviour has given us a perfect account of it such a permission was granted to them because of the hardness of their hearts and the unruly stubborn behaviour of the Jews towards their Wives in that particular Moses who we are to consider as a Legislator to a State as well as a Church suffered it to be as the most tolerable remedy that That people were capable of and in favour chiefly of the Women This permission of Moses came in the practice of it to be so far extended amongst them that whoever desired to put away his Wife was allowed to do it without giving any reason at all besides his own pleasure why he did it This we may see in Mr. Selden ' s Vxor Haebraica and Grotius tells us Quod Consuetudo legis interpres Nullam à marito causam dirempti Matrimonii exegerit and adds Alioqui enim nou potuisset Josephus Maria clam dimittere Potuit igitur Maritus dicere quod Romae dixit Paulus Emilius sibi optimè notum quà calceus urgeret This custome was in it self greatly inconvenient and as one sayes of it For a man Nulla aut levissima de causa uxorem dimittere ut Jam de primaeva dei institutione nihil dicam vel sola charitatis lex prohibebat sive uxorem respicias quae veluti supplex ad Mariti Tutelam confugit sive communes etiam liberos Heathen Nations rarely practised any such thing the Romans in particular of whom an antient Author sayes Romani cum nulla lex repudium vetaret annos tamen quingentos viginti sine exemplo repudii ●gerunt Nec quisquam fermè scriptorum est qui non gravitèr reprehendat Marcum Tullium Ciceronem quod levibus de causis Terentiam dimiserit Our Saviour in the Gospel before the Pharisees asked him any Question about this matter which they did and their Question and his answer is set down in the 19th of Matthew and the 10th of Mark determines it in the 5th of Matthew in his Sermon upon the Mount there being indeed nothing wherein That people needed more Reformation than in That particular His words are verse the 31 It hath been said whosoever shall put away his Wife let him give her a Writing of Divorcement And verse the 32. But I say unto you that whosoever shall put away his Wife saving for the cause of Fornication causeth her to commit Adultery and whosoever shall marry her that is Divorced committeth Adultery By this it is plain that whatsoever toleration they had from Moses about putting away their Wives and whatsoever farther liberty they took to themselves in That matter it is totally repealed and condemned and no cause of divorce and putting away allowed to be good but in case of Fornication and Unchastity There ariseth this difficulty from the consideration of our Saviour's words whether he he did thereby intend to institute a new Law in the Case or whether he only spake Interpretatively with reference to the Law of God Then in being Those who are inclined to think he did institute a New Law urge it from hence That our Saviour speaks of Fornication and Unchastity as a ground and the only ground of Divorce which by the Law had another punishment appointed for it and such a one as made Divorce impossible and impracticable for they were to be put to death that were so found guilty and of That Law our Saviour takes no notice say they the punishment the Law appointed to be inflicted for Fornication and Adultery and the direction our Saviour gives about it cannot consist together the one directs Divorce the other appoints death I suppose our Saviour in what he Here determines about this matter as in many other of his determinations about other things speaks so as that he gives a full satisfaction to men according to the present state of things then in being and also establisheth a Divine Law upon such grounds that shall last for ever in the Church For the first That he spake with reference to the Law Then in being and to settle the Consciences of men who desired to perform their duty as things Then stood I gather from hence First because he spake to such who were then all of them under an obligation to the whole Mosaical Law for so were the Jews and Christ's own Disciples to whom he Preached Secondly He plainly seems all along that Chapter to comment upon the Law of Moses and Evangelize it and to give the true and genuine meaning of it against the corrupt and perverse interpretations of the Scribes and Pharisees And when he sayes But I say unto you he does not so much oppose himself and what he said Then to Moses and what Moses had said Before as to what the Scribes and Pharisees had falsly said in Moses name and so rather vindicates the true sense and