CHAPTER XXXIV.

Thatit is lawful for a Wife to leave an Adulterer, and to marry another Husband.

THIS is generally granted, and therefore excuses me the writing out.

CHAPTER XXXV.

Places in the Writings of the Apostle Paul, touching Divorce, explained.

LET us consider the answers of the Lord given by the apostle severally. Concerning the first, which is Rom. vii. 1, "Know ye 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." Here it is certain that the Holy Ghost had no purpose to determine aught of marriage or divorce, but only to bring an example from the common and ordinary law of wedlock, to shew, that as no covenant holds either party being dead, so now that we are not bound to the law, but to Christ our Lord, seeing that through him we are dead to sin, and to the law; and so joined to Christ, that we may bring forth fruit in him from a willing godliness, and not by the compulsion of law, whereby our sins are more excited, and become more violent. What therefore the Holy Spirit here 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 delivered 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 therefore be said, that the apostle cited this general example out of the law, to abolish the several exceptions of that law, which God himself granted by giving authority to divorce.

Next, when the apostle brings an example out of God's law concerning man and wife, it must be necessary, that we understand such for man and wife, as are so indeed according to the same law of God; that is, who are so disposed, as that they are both willing and able to perform the necessary duties of marriage; not those who, under a false title of marriage, keep themselves mutually bound to injuries and dis

graces; for such twain are nothing less than lawful man and wife.

The like answer is to be given to all the other places both of the gospel and the apostle, that whatever exception may be proved out of God's law, be not excluded from those places. For the Spirit of God doth not condemn things formerly granted and allowed, where there is like cause and reason. Hence Ambrose, upon that place, 1 Cor. vii. 15, “A brother or a sister is not under bondage in such cases," thus expounds : "The reverence of marriage is not due to him who abhors the author of marriage; nor is that marriage ratified which is without devotion to God: he sins not therefore, who is put away for God's cause, though he join himself to another. For the dishonour of the Creator dissolves the right of matrimony to him who is deserted, that he be not accused, 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 caused the misbelieving wives and husbands to be divorced, that God might be appeased, and not offended, though they took others of their own faith, how much more shall it be free, if the misbeliever 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 here to be observed toward the following discourse, which truth itself and the force of God's word hath drawn from this holy man. For those words are very large, "Matrimony is not ratified, without devotion to God." And, “The dishonour of the Creator dissolves the right of matrimony." For devotion is far off, and dishonour is done to God by all who persist in any wickedness and heinous crime.

CHAPTER 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 expressed 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 do contradict one another, of necessity we must confess, that our

Lord did grant divorce, and marriage after that, for other causes besides adultery, notwithstanding what he said in Matthew. For, first, they who consider but only that place, 1 Cor. vii., which treats of believers and misbelievers matched together, must of force, confess, that our Lord granted just divorce and cond marriage in the cause of desertion, which is other than the cause of fornication. And if there be one other cause found lawful, then is it most true, that divorce was granted not only for fornication.

Next, it cannot be doubted, as I shewed before, by them to whom it is given to know God and his judgments out of his own word, but that, what means of peace and safety God ever granted and ordained 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 hardness of heart, that they will not perform either conjugal affection, or any requisite duty thereof, though it be most deserved at their hands?

Neither can any one defer to confess, 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 themselves by lawful means of divorce, from the bondage and iniquity of those who are falsely termed their husbands or their wives. This is clear out of Deut. xxiv. 1; Mal. ii.; Matt. xix. 1; 1 Cor. vii. ; and out of those principles which the scripture everywhere teaches, that God changes not his mind, dissents not from himself, is no accepter of persons; but allows the same remedies to all men, oppressed with the same necessities and infirmities; yea, requires that we should use them. This he will easily perceive, 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 commonwealth, if they be not against the laws of God.

CHAPTER XXXVII.

For what Cause Divorce is permitted by the civil Law ex l. Consensu Codic. de Repudiis.

IT is also manifest, that the law of Theodosius and Valentinian, which begins, "Consensu," &c., touching divorce, and

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many other decrees of pious emperors agreeing herewith, are not contrary to the word of God; and therefore may be recalled into use by any Christian prince or commonwealth; nay, ought to be with due respect had to every nation; for whatsoever is equal and just, that in everything is to be sought and used 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 adulteress, a witch, a murderess; to have bought or sold to slavery any one free born, to have violated sepulchres, committed sacrilege, favoured thieves and robbers, desirous of feasting with strangers, the husband not knowing, or not willing; if she lodge forth without a just and probable cause, or frequent theatres and sights, he forbidding; if she be privy with those that plot against the state, or if she deal falsely, or offer blows. And if the wife can prove her husband guilty of any those forenamed crimes, and frequent the company of lewd women in her sight, or if he beat her, she had the like liberty to quit herself; 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 conceived.

CHAPTER XXXVIII.

An Exposition of those Places wherein God declares the Nature of holy Wedlock.

Now to the ena it may be seen, that this agrees with the divine law, the first institution of marriage is to be considered, and those texts in which God established the joining of male and female, and described the duties of them both. When God had determined to make woman, and give her as a wife to man, he spake thus, Gen. ii. 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, ver. 23, 24, "This is now bone of my bone, and flesh of my flesh: therefore shall a man leave his father and mother, and shall cleave to his wife, and they shall be one flesh."

To this first institution did Christ recall his own, when answering the pharisees, he condemned the licence of unlawful divorce. He taught therefore by his example, that we, ac

ording to this first institution, and what God hath spoken of, ought to determine what kind of covenant marriage , now to be kept, and how far, and lastly, for what causes to be dissolved. To which decrees of God these also are to be joined, 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 either's." 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 malevolence, or too deep inbred weakness of mind, or lastly, through incurable impotence of body, it cannot then be said, that the covenant of matrimony holds good between such, if we mean that covenant which God instituted and called marriage, and that whereof only it must be understood that our Saviour said, "Those whom God hath joined, let no man separate."

And hence is concluded, that matrimony requires continual cohabitation and living together, unless the calling of God be otherwise evident; which union if the parties themselves disjoin either by mutual consent, or one against the other's will depart, the marriage is then broken. Wherein the papists, as in other things, oppose themselves against God; while they separate for many causes from bed and board, and yet will have the bond of matrimony remain, as if this covenant could be other than the conjunction and communion not only of bed and board, but of all other loving and helpful duties. This we may see in these words: "I will make him a help meet for him; bone of his bone, and flesh of his flesh for this cause shall he leave father and mother, and cleave 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,