that man's prevention can use. For this authentic | and serving to no end except it be to exercise a suSpanish policy of licensing books, if I have said aught, periority over their neighbours; men who do not therewill prove the most unlicensed book itself within a fore labour in an honest profession, to which learning short while; and was the immediate image of a star- is indebted, that they should be made other men's chamber decree to that purpose made in those very vassals. Another end is thought was aimed at by some times when that court did the rest of those her pious of them in procuring by petition this order, that having works, for which she is now fallen from the stars with power in their hands malignant books might the Lucifer. Whereby ye may guess what kind of state easier escape abroad, as the event shews. But of these prudence, what love of the people, what care of religion sophisms and elenchs of merchandize I skill not: or good manners there was at the contriving, although This I know, that errours in a good government with singular hypocrisy it pretended to bind books to and in a bad are equally almost incident; for what their good behaviour. And how it got the upper hand magistrate may not be misinformed, and much the of your precedent order so well constituted before, if sooner, if liberty of printing be reduced into the power we may believe those men whose profession gives of a few? But to redress willingly and speedily what them cause to inquire most, it may be doubted there hath been erred, and in highest authority to eswas in it the fraud of some old patentees and monopo- teem a plain advertisement more than others have lizers in the trade of bookselling; who under pretence done a sumptuous bride, is a virtue (honoured lords of the poor in their company not to be defrauded, and and commons!) answerable to your highest actions, the just retaining of each man his several copy, (which and whereof none can participate but greatest and God forbid should be gainsaid,) brought divers glossing wisest men. colours to the house, which were indeed but colours,

THE DOCTRINE AND DISCIPLINE

OF

DIVORCE;

RESTORED TO THE GOOD OF BOTH SEXES, FROM THE bondage of CANON LAW, and other MISTAKES,
TO THE TRUE MEANING OF SCRIPTURE IN THE LAW AND GOSPEL COMPARED.

WHEREIN ALSO ARE SET DOWN THE BAD CONSEQUENCES OF ABOLishing, or cONDEMNING
AS SIN, THAT WHICH THE LAW OF GOD ALLOWS, AND CHRIST ABOLISHED not.

NOW THE SECOND TIME REVISED, AND MUCH AUGMENTED, IN TWO BOOKS: TO THE PARLIAMENT
OF ENGLAND, WITH THE ASSEMBLY.

MATTH. xiii, 52. "Every scribe instructed in the kingdom of heaven is like the master of a house, which bringeth out of
his treasury things new and old."

PROV. xviii. 13. "He that answereth a matter before he heareth it, it is folly and shame unto him."

[FIRST PUBLISHED 1643, 1644.]

TO THE PARLIAMENT OF ENGLAND, WITH THE ASSEMBLY.

with errour, who being a blind and serpentine body without a head, willingly accepts what he wants, and supplies what her incompleteness went seeking. Hence it is, that errour supports custom, custom countenances errour: and these two between them would persecute and chase away all truth and solid wisdom out of human life, were it not that God, rather than man, once in many ages calls together the prudent and religious counsels of men, deputed to repress the incroachments, and to work off the inveterate blots and obscurities wrought upon our minds by the subtle insinuating of

If it were seriously asked, (and it would be no untimely | question,) renowned parliament, select assembly! who of all teachers and masters, that have ever taught, hath drawn the most disciples after him, both in religion and in manners? it might be not untruly answered, Custom. Though virtue be commended for the most persuasive in her theory, and conscience in the plain demonstration of the spirit finds most evincing; yet whether it be the secret of divine will, or the original blindness we are born in, so it happens for the most part, that custom still is silently received for the best instructor. Except it be, because her method is so gliberrour and custom; who, with the numerous and vuland easy, in some manner like to that vision of Ezekiel gar train of their followers, make it their chief design rolling up her sudden book of implicit knowledge, for to envy and cry down the industry of free reasoning, him that will to take and swallow down at pleasure; under the terms of humour and innovation; as if the which proving but of bad nourishment in the concoction, womb of teeming truth were to be closed up, if she as it was heedless in the devouring, puffs up unhealthily presume to bring forth aught that sorts not with their a certain big face of pretended learning, mistaken unchewed notions and suppositions. Against which among credulous men for the wholesome habit of notorious injury and abuse of man's free soul, to testify soundness and good constitution, but is indeed no and oppose the utmost that study and true labour can other than that swoln visage of counterfeit know- attain, heretofore the incitement of men reputed grave ledge and literature, which not only in private mars hath led me among others; and now the duty and the our education, but also in public is the common climber right of an instructed Christian calls me through the into every chair, where either religion is preached, or chance of good or evil report, to be the sole advocate law reported: filling each estate of life and profession of a discountenanced truth: a high enterprise, lords with abject and servile principles, depressing the high and commons! a high enterprise and a hard, and such and heaven-born spirit of mafı, far beneath the condition as every seventh son of a seventh son does not venture wherein either God created him, or sin hath sunk him. on. Nor have I amidst the clamour of so much envy To pursue the allegory, custom being but a mere face, and impertinence whither to appeal, but to the conas echo is a mere voice, rests not in her unaccomplish-course of so much piety and wisdom here assembled. ment, until by secret inclination she accorporate herself Bringing in my hands an ancient and most necessary,

66

most charitable, and yet most injured statute of Moses; | and will do yet a while, till they get a little cordial not repealed ever by him who only had the authority, but thrown aside with much inconsiderate neglect, under the rubbish of canonical ignorance; as once the whole law was by some such like conveyance in Josiah's time. And he who shall endeavour the amendment of any old neglected grievance in church or state, or in the daily course of life, if he be gifted with abilities of mind, that may raise him to so high an undertaking, I grant he hath already much whereof not to repent him; yet let me aread him, not to be the foreman of any misjudged opinion, unless his resolutions be firmly seated in a square and constant mind, not conscious to itself of any deserved blame, and regardless of ungrounded suspicions. For this let him be sure, he shall be boarded presently by the ruder sort, but not by discreet and well-nurtured men, with a thousand idle descants and surmises. Who when they cannot confute the least joint or sinew of any passage in the book; yet God forbid that truth should be truth, because they have a boisterous conceit of some pretences in the writer. But were they not more busy and inquisitive than the apostle commends, they would hear him at least, rejoicing so the truth be preached, whether of envy or other pretence whatsoever:" for truth is as impossible to be soiled by any outward touch, as the sunbeam; though this ill hap wait on her nativity, that she never comes into the world, but like a bastard, to the ignominy of him that brought her forth; till time, the midwife rather than the mother of truth, have washed and salted | the infant, declared her legitimate, and churched the father of his young Minerva, from the needless causes of his purgation. Yourselves can best witness this, worthy patriots! and better will, no doubt, hereafter: for who among ye of the foremost that have travailed in her behalf to the good of church or state, hath not been often traduced to be the agent of his own by-ends, under pretext of reformation? So much the more I shall not be unjust to hope, that however infamy or envy may work in other men to do her fretful will against this discourse, yet that the experience of your own uprightness misinterpreted will put ye in mind, to give it free audience and generous construction. What though the brood of Belial the draff of men, to whom no liberty is pleasing, but unbridled and vagabond lust without pale or partition, will laugh broad perhaps, to see so great a strength of Scripture mustering up in favour, as they suppose, of their debaucheries; they will know better when they shall hence learn, that honest liberty is the greatest foe to dishonest licence. And what though others, out of a waterish and queasy conscience, because ever crazy and never yet sound, will rail and fancy to themselves that injury and licence is the best of this book? Did not the distemper of their own stomachs affect them with a dizzy megrim, they would soon tie up their tongues, and discern themselves like that Assyrian blasphemer, all this while reproaching not man, but the Almighty, the Holy One of Israel, whom they do not deny to have belawgiven his own sacred people with this very allowance, which they now call injury and licence, and dare cry shame on,

sobriety to settle their qualming zeal. But this question concerns not us perhaps : indeed man's disposition, though prone to search after vain curiosities, yet when points of difficulty are to be discussed, appertaining to the removal of unreasonable wrong and burden from the perplexed life of our brother, it is incredible how cold, how dull, and far from all fellow-feeling we are, without the spur of self-concernment. Yet if the wisdom, the justice, the purity of God be to be cleared from foulest imputations, which are not yet avoided; if charity be not to be degraded and trodden down under a civil ordinance; if matrimony be not to be advanced like that exalted perdition written of to the Thessalonians," above all that is called God," or goodness, nay against them both; then I dare affirm, there will be found in the contents of this book that which may concern us all. You it concerns chiefly, worthies in parliament! on whom, as on our deliverers, all our grievances and cares, by the merit of your eminence and fortitude, are devolved. Me it concerns next, having with much labour and faithful diligence first found out, or at least with a fearless and communicative candour first published to the manifest good of christendom, that which, calling to witness every thing mortal and immortal, I believe unfeignedly to be true. Let not other men think their conscience bound to search continually after truth, to pray for enlightening from above, to publish what they think they have so obtained, and debar me from conceiving myself tied by the same duties. Ye have now, doubtless, by the favour and appointment of God, ye have now in your hands a great and populous nation to reform; from what corruption, what blindness in religion, ye know well; in what a degenerate and fallen spirit from the apprehension of native liberty, and true manliness, I am sure ye find; with what unbounded licence rushing to whoredoms and adulteries, needs not long inquiry: insomuch that the fears, which men have of too strict a discipline, perhaps exceed the hopes, that can be in others, of ever introducing it with any great success. What if I should tell ye now of dispensations and indulgences, to give a little the reins, to let them play and nibble with the bait a while; a people as hard of heart as that Egyptian colony that went to Canaan. This is the common doctrine that adulterous and injurious divorces were not connived only, but with eye open allowed of old for hardness of heart. But that opinion, I trust, by then this following argument hath been well read, will be left for one of the mysteries of an indulgent Antichrist, to farm out incest by, and those his other tributary pollutions. What middle way can be taken then, may some interrupt, if we must neither turn to the right, nor to the left, and that the people hate to be reformed? Mark then, judges and lawgivers, and ye whose office it is to be our teachers, for I will utter now a doctrine, if ever any other, though neglected or not understood, yet of great and powerful importance to the governing of mankind. He who wisely would restrain the reasonable soul of man within due bounds, must first himself know perfectly, how far the territory

In

with a solemn threat forbid the abrogating. For no effect of tyranny can sit more heavy on the commonwealth, than this household unhappiness on the family. And farewell all hope of true reformation in the state, while such an evil as this lies undiscerned or unregarded in the house: on the redress whereof depends not only the spiritful and orderly life of our own grown men, but the willing and careful education of our children. Let this therefore be now examined, this tenure and freehold of mankind, this native and domestic charter given us by a greater lord than that Saxon king the confessor. Let the statutes of God be turned over, be scanned anew, and considered not altogether by the narrow intellectuals of quotationists and common places, but (as was the ancient right of councils) by men of what liberal profession soever, of

and dominion extends of just and honest liberty. As little must he offer to bind that which God hath loosened, as to loosen that which he hath bound. The ignorance and mistake of this high point hath heaped up one huge half of all the misery that hath been since Adam. the gospel we shall read a supercilious crew of masters, whose holiness, or rather whose evil eye, grieving that God should be so facil to man, was to set straiter limits to obedience, than God hath set, to enslave the dignity of man, to put a garrison upon his neck of empty and over-dignified precepts: and we shall read our Saviour never more grieved and troubled, than to meet with such a peevish madness among men against their own freedom. How can we expect him to be less offended with us, when much of the same folly shall be found yet remaining where it least ought, to the perishing of thousands? The greatest burden in the world is super-eminent spirit and breeding, joined with a diffuse and stition, not only of ceremonies in the church, but of imaginary and scarecrow sins at home. What greater weakening, what more subtle stratagem against our christian warfare, when besides the gross body of real transgressions to encounter, we shall be terrified by a vain and shadowy menacing of faults that are not? When things indifferent shall be set to overfront us under the banners of sin, what wonder if we be routed, and by this art of our adversary, fall into the subjection of worst and deadliest offences? The superstition of the papist is, "touch not, taste not," when God bids both; and ours is, "part not, separate not," when God and charity both permits and commands. "Let all your things be done with charity," saith St. Paul; and his master saith, "She is the fulfilling of the law." Yet now a civil, an indifferent, a sometime dissuaded law of marriage, must be forced upon us to fulfil, not only without charity but against her. No place in heaven or earth, except hell, where charity may not enter: yet marriage, the ordinance of our solace and contentment, the remedy of our loneliness, will not admit now either of charity or mercy, to come in and mediate, or pacify the fierceness of this gentle ordinance, the unremedied loneliness of this remedy. Advise ye well, supreme senate, if charity be thus excluded and expulsed, how ye will defend the untainted honour of your own actions and proceedings. He who marries, intends as little to conspire his own ruin, as he that swears allegiance: and as a whole people is in proportion to an ill government, so is one man to an ill marriage. If they, against any authority, covenant, or statute, may by the sovereign edict of charity, save not only their lives but honest liberties from unworthy bondage, as well may he against any private covenant, which he never entered to his mischief, redeem himself from unsupportable disturbances to honest peace, and just contentment: And much the rather, for that to resist the highest magistrate though tyrannizing, God never gave us express allowance, only he gave us reason, charity, nature, and good example to bear us out; but in this economical misfortune thus to demean ourselves, besides the warrant of those four great directors, which doth as justly belong hither, we have an express law of God, and such a law, as whereof our Saviour

various knowledge of divine and human things; able to balance and define good and evil, right and wrong, throughout every state of life; able to shew us the ways of the Lord straight and faithful as they are, not full of cranks and contradictions, and pitfalling dispenses, but with divine insight and benignity measured out to the proportion of each mind and spirit, each temper and disposition created so different each from other, and yet by the skill of wise conducting, all to become uniform in virtue. To expedite these knots, were worthy a learned and memorable synod; while our enemies expect to see the expectation of the church tired out with dependencies and independencies, how they will compound, and in what calends. Doubt not, worthy senators! to vindicate the sacred honour and judgment of Moses your predecessor, from the shallow commenting of scholastics and canonists. Doubt not after him to reach out your steady hands to the misinformed and wearied life of man; to restore this his lost heritage, into the household state; wherewith be sure that peace and love, the best subsistence of a christian family, will return home from whence they are now banished; places of prostitution will be less haunted, the neighbour's bed less attempted, the yoke of prudent and manly discipline will be generally submitted to; sober and well ordered living will soon spring up in the commonwealth. Ye have an author great beyond exception, Moses; and one yet greater, he who hedged in from abolishing every smallest jot and tittle of precious equity contained in that law, with a more accurate and lasting Masoreth, than either the synagogue of Ezra or the Galilæan school at Tiberias hath left us. Whatever else ye can enact, will scarce concern a third part of the British name: but the benefit and good of this your magnanimous example, will easily spread far beyond the banks of Tweed and the Norman isles. It would not be the first or second time, since our ancient druids, by whom this island was the cathedral of philosophy to France, left off their pagan rites, that England hath had this honour vouchsafed from heaven, to give out reformation to the world. Who was it but our English Constantine that baptized the Roman empire? Who but the Northumbrian Willibrode, and Winifride of Devon,

with their followers, were the first apostles of Germany? | the crabbed textuists of his time, I make no wonder, Who but Alcuin and Wickliff our countrymen opened the eyes of Europe, the one in arts, the other in religion? Let not England forget her precedence of teaching nations how to live.

THE DOCTRINE AND DISCIPLINE

OF

DIVORCE;

RESTORED TO THE GOOD OF BOTH SEXES.

BOOK I.

THE PREFACE.

That man is the occasion of his own miseries in most of those evils which he imputes to God's inflicting. The absurdity of our canonists in their decrees about divorce. The christian imperial laws framed with more equity. The opinion of Hugo Grotius and Paulus Fagius: And the purpose in general of this discourse. MANY men, whether it be their fate or fond opinion, easily persuade themselves, if God would but be pleased a while to withdraw his just punishments from us, and to restrain what power either the devil or any earthly enemy hath to work us wo, that then man's nature would find immediate rest and releasement from all evils. But verily they who think so, if they be such as have a mind large enough to take into their thoughts a general