CHAPTER XL.

Whether those crimes recited, chap. xxxvii., out of the civil law, dissolve matrimony in God's account.

Now if a husband or wife be found guilty of any of those crimes, which by the law" consensu" are made causes of divorce, it 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 punished either by death, or deportation, or extreme infamy, which are directly opposite to the covenant of marriage. If they deserve death, as adultery and the like, doubtless 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 coupled with an infamous woman, nor an honest matron with an infamous man. The wise Roman princes had so great a regard to the equal honour of either wedded person, that they counted those marriages of no force, which were made between the one of good repute, and the other of evil note. How much more will all honest regard of Christian expedience and comeliness beseem and concern those who are set free and dignified in Christ, than it could the Roman senate, or their sons, for whom 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 offspring and family, the glory of the man, even as the man is the glory of Christ, should not be tainted with ignominy; as neither of them can avoid to be, having been justly appeached of those forenamed crimes; and therefore cannot be worthy to hold their place in a Christian family: yea, they themselves turn out themselves and dissolve that holy covenant. And they who are true brethern and sisters in the Lord are no more in bondage to such violators of marriage.

But here the patrons of wickedness and dissolvers of Christian discipline will object, that it is the part of man and wife to bear one another's cross, whether in calamity, or infamy, that they may gain each other, if not to a good name, yet to repentance and amendment. But they who thus object, seek the impunity of wickedness, and the favour of wicked men, not the duties of true charity; which prefers public honesty before private interest, and had rather the remedies of wholesome punishment appointed by God should be in use, than that by remissness the license of evil doing should increase. For if they who, by committing such offences, have made void the holy knot of marriage, be capable of repentance, they will be sooner moved when due punishment is executed on them, than when it is remitted.

We must ever beware, lest, in contriving what will be best for the soul's health of delinquents, we make ourselves wiser and discreeter than God. He that religiously weighs his oracles concerning marriage, cannot doubt that they who have committed the foresaid transgressions, have lost the right of matrimony, and are unworthy to hold their dignity in an honest and Christian family.

But if any husband or wife see such signs of repentance in their transgressor, as that they doubt not to regain them by continuing with them, and partaking of their miseries and attaintures, they may be left to their own

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hopes, and their own mind; saving ever the right of church and commonwealth, that it receive no scandal by the neglect of due severity, and their children no harm by this invitation to license, 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 perceive who desires to determine of these things by the Scripture, that those causes of lawful divorce, which the most religious emperors Theodosius and Valentinian set forth in the forecited place, are according to the law of God, and the prime institution of marriage; and were still more and more straitened, as the church and state of the empire still more and more corrupted and degenerated. Therefore pious princes and commonwealths both may and ought establish them again, if they have a mind to restore the honour, sanctity, and religion of holy wedlock to their people, and disentangle many consciences from a miserable and perilous condition, to a chaste and honest life.

To those recited causes wherefore a wife might send a divorce to her husband, Justinian added four more, Constit. 117; and four more, for which a man might put away his wife. Three other causes were added in the Code" de repudiis, 1. Jubemus." All which causes are so clearly contrary to the first intent of marriage that they plainly dissolve it. I set them not down, being easy to be found in the body of the civil law.

It was permitted also by Christian emperors, that they who would divorce by mutual consent, 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 emperors 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 been named, the Christian emperors laid no other punishment upon them, than that the husband wrongfully divorcing his wife should give back her dowry, and the use of that which was called " Donatio propter nuptias ;" or if there were no dowry nor no donation, that he should then give her the fourth part of his goods. The like penalty was inflicted on the wife departing without just cause. But that they who were once married should be compelled to remain so ever against their wills, was not exacted. Wherein those pious princes followed the law of God in Deut. xxiv. 1, and his express charge by the prophet Malachi, to dismiss from him the wife whom the hates. For God never meant in marriage to give to man a perpetual torment instead of a meet help. Neither can God approve, that to the violation of this holy league (which is violated as soon as true affection ceases and is lost) should be added murder, which is already committed by either of them who resolvedly hates the other, as I showed out of 1 John iii. 15, "Whoso hateth his brother, is a murderer."

CHAPTER XLI.

Whether the husband or wife deserted may marry to another. THE wife's desertion of her husband the Christian emperors plainly decreed to be a just cause of divorce, whenas they granted him the right thereof, if she had but lain out one night against his will without probable cause. But of the man deserting his wife they did not so determine: yet if we look into the word of God, we shall find, that he who though but for a year, without just cause, forsakes his wife, and neither provides for her maintenance, nor signifies his purpose of returning, and good will towards her, whenas he may, hath forfeited his right in her so forsaken. For the

Spirit of God speaks plainly, that both man and wife have such power over one another's person, as that they cannot deprive each other of living together, but by consent, and for a time.

Hither may be added, that the Holy Spirit grants desertion to be a cause of divorce, in those answers given to the Corinthians concerning a brother or sister deserted by a misbeliever. "If he depart, let him depart; a brother or a sister is not under bondage in such cases." In which words, who sees not the Holy Ghost openly pronounced, that the party without cause deserted, is not bound for another's wilful desertion, to abstain from marriage, if he have need thereof?

But some will say, that this is spoken of a misbeliever departing. But I beseech ye, doth not he reject the faith of Christ in his deeds, who rashly breaks the holy covenant of wedlock instituted by God? And besides this, the Holy Spirit does not make the misbelieving of him who departs, but the departing of him who disbelieves, to be the just cause of freedom to the brother or sister.

Since therefore it will be agreed among Christians, that they who depart from wedlock without just cause, do not only deny the faith of matrimony, but of Christ also, whatever they profess with their mouths; it is but reason to conclude, that the party deserted is not bound in case of causeless desertion, but that he may lawfully seek another consort, if it be needful to him, toward a pure and blameless conversation.

CHAPTER XLII.

The impotence of body, leprosy, madness, &c. are just causes of divorce.

Or this, because it was not disputed in the Doctrine and Discipline of Divorce, him that would know further, I commend to the Latin original.

CHAPTER XLIII.

That to grant divorce for all the causes which have been hitherto brought, disagrees not from the words of Christ, naming only the cause of adultery. Now we must see how these things can stand with the words of our Saviour, who seems directly to forbid all divorce except it be for adultery. To the understanding whereof, we must ever remember this: That in the words of our Saviour there can be no contrariety: That his words and answers are not to be stretched beyond the question proposed: That our Saviour did not there purpose to treat of all the causes for which it might be lawful to divorce and marry again; for then that in the Corinthians of marrying again without guilt of adultery could not be added. That it is not good for that man to be alone, who hath not the special gift from above. That it is good for every such one to be married, that he may shun fornication.

With regard to these principles, let us see what our Lord answered to the tempting Pharisees about divorce, and second marriage, and how far his answer doth extend.

First, no man who is not very contentious will deny, that the Pharisees asked our Lord whether it were lawful to put away such a wife, as was truly, and according to God's law, to be counted a wife; that is, such a one as would dwell with her husband, and both would and could perform the necessary duties of wedlock tolerably. But she who will not dwell with her husband is not put away by him, but goes of herself: and she who denies to be a meet help, or to be so hath made herself unfit by open misdemeanors, or through incurable impotencies cannot be able, is not by

the law of God to be esteemed a wife; as hath been shown both from the first institution, and other places of Scripture. Neither certainly would the Pharisees propound a question concerning such an unconjugal wife; for their depravation of the law had brought them to that pass, as to think a man had right to put away his wife for any cause, though never so slight. Since, therefore, it is manifest, that Christ answered the Pharisees concerning a fit and meet wife according to the law of God, whom he forbid to divorce for any cause but fornication; who sees not that it is a wickedness so to wrest and extend that answer of his, as if it forbad to divorce her who hath already forsaken, or hath lost the place and dignity of a wife, by deserved infamy, or hath undertaken to be that which she hath not natural ability to be?

This truth is so powerful, that it hath moved the papists to grant their kind of divorce for other causes besides adultery, as for ill usage, and the not performing of conjugal duty; and to separate from bed and board for these causes, which is as much divorce as they grant for adultery.

But some perhaps will object, that though it be yielded that our Lord granted divorce not only for adultery, yet it is not certain that he permitted marriage after divorce, unless for that only cause. I answer, first, that the sentence of divorce and second marriage is one and the same. So that when the right of divorce is evinced to belong not only to the cause of fornication, the power of second marriage is also proved to be not limited to that cause only; and that most evidently whenas the Holy Ghost, 1 Cor. vii. so frees the deserted party from bondage, as that he may not only send a just divorce in case of desertion, but may seek another marriage.

Lastly, seeing God will not that any should live in danger of fornication and utter ruin for the default of another, and hath commanded the husband to send away with a bill of divorce her whom he could not love; it is impossible that the charge of adultery should belong to him who for lawful causes divorces and marries, or to her who marries after she hath been unjustly rejected, or to him who receives her without all fraud to the former wedlock. For this were a horrid blasphemy against God, so to interpret his words, as to make him dissent from himself; for who sees not a flat contradiction in this, to enthral blameless men and women to miseries and injuries, under a false and soothing title of marriage, and yet to declare by his apostle, that a brother or sister is not under bondage in such cases? No less do these two things conflict with themselves, to enforce the innocent and faultless to endure the pain and misery of another's perverseness, or else to live in unavoidable temptation; and to affirm elsewhere that he lays on no man the burden of another man's sin, nor doth constrain any man to the endangering of his soul.

CHAPTER XLIV.

That to those also who are justly divorced, second marriage ought to be permitted.

THIS, although it will be proved, yet because it concerns only the offender, I leave him to search out his own charter, himself, in the author.

CHAPTER XLV.

That some persons are so ordained to marriage, as that they cannot obtain the gift of continence, no not by earnest prayer; and that therein every one is to be left to his own judgment and conscience, and not to have a burden laid upon him by any other.

CHAPTER XLVI.

The words of the apostle concerning the praise of single life unfolded. THESE two chapters not so immediately debating the right of divorce, I choose rather not to insert.

CHAPTER XLVII.

The conclusion of this treatise.

THESE things, most renowned king, I have brought together, both to explain for what causes the unhappy, but sometimes most necessary help of divorce ought to be granted, according to God's word, by princes and rulers; as also to explain how the words of Christ do consent with such a grant. I have been large indeed both in handling those oracles of God, and in laying down those certain principles, which he who will know what the mind of God is in this matter, must ever think on and remember. But if we consider what mist and obscurity hath been poured out by Antichrist upon this question, and how deep this pernicious contempt of wedlock, and admiration of single life, even in those who are not called thereto, hath sunk into many men's persuasions; I fear lest all that hath been said be hardly enough to persuade such, that they would cease at length to make themselves wiser and holier than God himself, in being so severe to grant lawful marriage, and so easy to connive at all, not only whoredoms but deflowerings and adulteries: whenas, among the people of God, no whoredom was to be tolerated.

Our Lord Jesus Christ, who came to destroy the works of Satan, sent down his Spirit upon all Christians, and principally upon Christian governors both in church and commonwealth, (for of the clear judgment of your royal majesty I nothing doubt, revolving the Scripture so often as ye do,) that they may acknowledge how much they provoke the anger of God against us, whenas all kind of unchastity is tolerated, fornications and adulteries winked at; but holy and honourable wedlock is oft withheld by the mere persuasion of Antichrist, from such as without this remedy cannot preserve themselves from damnation! For none who hath but a spark of honesty will deny, that princes and states ought to use diligence toward the maintaining of pure and honest life among all men, without which all justice, all fear of God, and true religion decays.

And who knows not, that chastity and pureness of life can never be restored, or continued in the commonwealth, unless it be first established in private houses, from whence the whole breed of men is to come forth? To effect this, no wise man can doubt, that it is necessary for princes and magistrates first with severity to punish whoredom and adultery; next to see that marriages be lawfully contracted, and in the Lord; then that they be faithfully kept; and lastly, when that unhappiness urges, that they be lawfully dissolved, and other marriage granted, according as the law of God, and of nature, and the constitutions of pious princes have decreed; as I have shown both by evident authorities of Scripture, together with the writings of the ancient fathers, and other testimonies. Only the Lord grant that we may learn to prefer his ever just and saving word, before the comments of Antichrist, too deeply rooted in many, and the false blasphemous exposition of our Saviour's words. Amen.

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