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A89141 Colasterion: a reply to a nameles ansvver against The doctrine and discipline of divorce. Wherein the trivial author of that answer is discover'd, the licencer conferr'd with, and the opinion which they traduce defended. / By the former author, J.M. Milton, John, 1608-1674. 1645 (1645) Wing M2099; Thomason E271_11; ESTC R212205 23,470 30

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mariage void nor much more unfit but for the time if the offended party forgive but unfitnes and contrariety frustrates and nullifies for ever unless it bee a rare chance all the good and peace of wedded conversation and leaves nothing between them enjoyable but a prone and savage necessity not worth the name of mariage unaccompanied with love Thus much his own objection hath don against himself Argu. 7. Hee insists that man and wife are one flesh therfore must not separat But must bee sent to look again upon the 35. pag. of that book where hee might have read an answer which hee stirrs not Yet can hee not abstain but hee must doe us another pleasure ere hee goes Although I call the Common Pleas to witness I have not hir'd his tongue whatever men may think by his arguing For besides adultery hee excepts other causes which dissolv the union of beeing one flesh either directly or by consequence If only adultery bee excepted by our Saviour and hee voluntarily can adde other exceptions that dissolv that union both directly and by consequence these words of Christ the main obstacle of divorce are open to us by his own invitation to include what ever causes dissolv that union of flesh either directly or by consequence Which till hee name other causes more likely I affirm to bee don soonest by unfitness and contrariety of minde For that induces hatred which is the greatest dissolver both of spiritual and corporal union turning the minde and consequently the body to other objects Thus our doubty adversary either directly or by consequence yeilds us the question with his own mouth and the next thing hee does recants it again His eighth Argument shivers in the uttering and hee confesses to bee not over confident of it but of the rest it may bee sworn hee is St. Paul 1 Cor. 7. saith that the married have trouble in the flesh therfore wee must bear it though never so intolerable I Answer if this bee a true consequence why are not all troubles to bee born alike why are wee suffer'd to divorce adulteries desertions or frigidities Who knows not that trouble and affliction is the decree of God upon every state of life follows it therfore that though they grow excessive and insupportable wee must not avoid them if wee may in all other conditions and not in mariage the doom of our suffering ties us not by the trouble but by the bond of mariage and that must bee prov'd inseparable from other reasons not from this place And his own confession declares the weaknes of this Argument yet his ungovern'd arrogance could not bee disswaded from venting it His ninth Argument is That a husband must love his wife as himself therfore hee may not divorce for any disagreement no more then hee may separat his soul from his body I Answer if hee love his wife as himself hee must love her so farre as hee may preserv himself to her in a cherfull and comfortable manner and not so as to ruin himself by anguish and sorrow without any benefit to her Next if the husband must love his wife as himself shee must bee understood a wife in som reasonable measure willing and sufficient to perform cheif duties of her Covnant els by the hold of this argument it would bee his great sin to divorce either for adultery or desertion The rest of this will run circuit with the union of one flesh which was answer'd before And that to divorce a relative and Metaphorical union of two bodies into one flesh cannot bee likn'd in all things to the dividing of that natural union of soul and body into one person is apparent of it self His last Argument hee fetches from the inconveniences that would follow upon this freedom of divorce to the corrupting of mens mindes and the overturning of all human society But for mee let God and Moses answer this blasphemer who dares bring in such a soul endightment against the divine Law Why did God permit this to his people the Jewes but that the right and good which came directly therby was more in his esteem then the wrong and evil which came by accident And for those weak supposes of Infants that would be left in their mothers belly which must needs bee good news for Chamber-maids to hear a Serving-man grown so provident for great bellies and portions and joyntures likely to incurr imbezlement heerby the ancient civil Law instructs us plentifully how to award which our profound opposite knew not for it was not in his Tenures His Arguments are spun now follows the Chaplain with his Antiquities wiser if hee had refrain'd for his very touching ought that is lerned soiles it and lays him still more and more open a conspicuous gull There beeing both Fathers and Councels more ancient wherwith to have serv'd his purpos better then with what hee cites how may we doe to know the suttle drift that mov'd him to begin first with the twelfth Councel of Toledo I would not undervalue the depth of his notion but perhaps he had heard that the men of Toledo had store of good blade-mettle and were excellent at cuttling who can tell but it might bee the reach of his policy that these able men of decision would doe best to have the prime stroke among his testimonies in deciding this cause But all this craft avails him not for seeing they allow no cause of divorce but fornication what doe these keen Doctors heer but cut him over the finews with thir Toledo's for holding in the precedent page other causes of divorce besides both directly and by consequence As evil doth that Saxon Councel next quoted bestead him For if it allow divorce precisely for no cause but fornication it thwarts his own Exposition and if it understand fornication largely it sides with whom hee would confute However the autority of that Synod can bee but small beeing under Theodorus the Canterbury Bishop a Grecian Monk of Tarsus revolted from his own Church to the Pope What have wee next The Civil Law stufft in between two Councels as if the Code had bin som Synod for that hee understood himself in this quotation is incredible where the Law Cod. l. 3. tit 38. leg 11. speaks not of divorce but against the dividing of possessions to divers heires wherby the maried servants of a great family were divided perhaps into distant Countries and Colonies Father from Son Wife from Husband fore against thir will Somwhat lower hee confesses that the Civill Law allows many reasons of divorce but the Cannon Law decrees otherwise A fair credit to his Cause and I amaze me though the fancy of this doult bee as obtuse and sad as any mallet how the Licencer could sleep out all this and suffer him to uphold his opinion by Canons Gregorian decretals a Law which not only his adversary but the whole reformation of this Church and state hath branded and rejected As ignorantly and too ignorantly