might be as lawfully permitted by the magistrate to Christians, as they were to the Jews. But because he is but brief, and these things of great consequence not to be kept obscure, I shall conceive it nothing above my duty, either for the difficulty or the censure that may pass thereon, to communicate such thoughts as I also have had, and do offer them now in this general labour of reformation to the candid view both of church and magistrate: especially because I see it the hope of good men, that those irregular and unspiritual courts have spun their utmost date in this land, and some better course must now be constituted. This therefore shall be the task and period of this discourse to prove, first, that other reasons of divorce, besides adultery, were by the law of Moses, and are yet to be allowed by the Christian magistrate as a piece of justice, and that the words of Christ are not hereby contraried. Next, that to prohibit absolutely any divorce whatsoever, except those which Moses excepted, is against the reason of law, as in due place I shall show out of Fagius with many additions. He therefore who by adventuring, shall be so happy as with success to light the way of such an expedient liberty and truth as this, shall restore the much-wronged and over-sorrowed state of matrimony, not only to those merciful and life-giving remedies of Moses, but as much as may be, to that serene and blissful condition it was in at the beginning, and shall deserve of all apprehensive men, (considering the troubles and distempers, which, for want of this insight have been so oft in kingdoms, in states, and families,) shall deserve to be reckoned among the public benefactors of civil and human life, above the inventors of wine and oil; for this is a far dearer, far nobler, and more desirable cherishing to man's life, unworthily exposed to sadness and mistake, which he shall vindicate. Not that license, and levity, and unconsented breach of faith should herein be countenanced, but that some conscionable and tender pity might be had of those who have unwarily, in a thing they never practised before, made themselves the bondmen of a luckless and helpless matrimony. In which argument, he whose courage can serve him to give the first onset must look for two several oppositions; the one from those who having sworn themselves to long custom, and the letter of the text, will not out of the road; the other from those whose gross and vulgar apprehensions conceit but low of matrimonial purposes, and in the work of male and female think they have all. Nevertheless, it shall be here sought by due ways to be made appear, that those words of God in the institution, promising a meet help against loneliness, and those words of Christ, "that his yoke is easy, and his burden light," were not spoken in vain: for if the knot of marriage may in no case be dissolved but for adultery, all the burdens and services of the law are not so intolerable. This only is desired of them who are minded to judge hardly of thus maintaining, that they would be still, and hear all out, nor think it equal to answer deliberate reason with sudden heat and noise; remembering this, that many truths now of reverend esteem and credit, had their birth and beginning once from singular and private thoughts, while the most of men were otherwise possessed; and had the fate at first to be generally exploded and exclaimed on by many violent opposers: yet I may err perhaps in soothing myself that this present truth revived will deserve on all hands to be not sinisterly received, in that it undertakes the cure of an inveterate disease crept into the best part of human society; and to do this with no smarting corrosive, but with a smooth and pleasing lesson, which received hath the virtue to soften and dispel rooted and knotty sorrows, and without enchantment, if that be feared, or spell used, hath regard at once both to serious pity and upright honesty,

that tends to the redeeming and restoring of none but such as are the object of compassion, having in an ill hour hampered themselves, to the utter dispatch of all their most beloved comforts and repose for this life's term. But if we shall obstinately dislike this new overture of unexpected ease and recovery, what remains but to deplore the frowardness of our hopeless condition, which neither can endure the estate we are in, nor admit of remedy either sharp or sweet. Sharp we ourselves distaste; and sweet, under whose hands we are, is scrupled and suspected as too luscious. In such a posture Christ found the Jews, who were neither won with the austerity of John the Baptist, and thought it too much license to follow freely the charming pipe of him who sounded and proclaimed liberty and relief to all distresses: yet truth in some age or other will find her witness, and shall be justified at last by her own children.

CHAPTER I.

The position proved by the law of Moses. That law expounded and asserted to a moral and charitable use, first by Paulus Fagius, next with other additions.

To remove therefore, if it be possible, this great and sad oppression, which through the strictness of a literal interpreting hath invaded and disturbed the dearest and most peaceable estate of household society, to the overburdening, if not the overwhelming of many Christians better worth than to be so deserted of the church's considerate care, this position shall be laid down, first proving, then answering what may be objected either from Scripture or light of reason.

"That indisposition, unfitness, or contrariety of mind, arising from a cause in nature unchangeable, hindering, and ever likely to hinder, the main benefits of conjugal society, which are solace and peace; is a greater reason of divorce than natural frigidity, especially if there be no children, and that there be mutual consent."

This I gather from the law in Deut. xxiv. 1. "When a man hath taken a wife and married her, and it come to pass that she find no favour in his eyes, because he hath found some uncleanness in her, let him write her a bill of divorcement, and give it in her hand, and send her out of his house," &c. This law, if the words of Christ may be admitted into our belief, shall never while the world stands, for him be abrogated. First therefore I here set down what learned Fagius hath observed on this law; "the law of God," saith he, "permitted divorce for the help of human weakness. For every one that of necessity separates, cannot live single. That Christ denied divorce to his own, hinders not; for what is that to the unregenerate, who hath not attained such perfection? Let not the remedy be despised, which was given to weakness. And when Christ saith, who marries the divorced commits adultery, it is to be understood if he had any plot in the divorce." The rest I reserve until it be disputed, how the magistrate is to do herein.. From hence we may plainly discern a twofold consideration in this law: first, the end of the lawgiver, and the proper act of the law, to command or to allow something just and honest, or indifferent. Secondly, his sufferance from some accidental result of evil by this allowance, which the law cannot remedy. For if this law have no other end or act but only the alowance of sin, though never to so good intention, that law is no law, but VOL. I.

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sin muffled in the robe of law, or law disguised in the loose garment of sin. Both which are too foul hypotheses, to save the phænomenon of our Saviour's answer to the Pharisees about this matter. And I trust anon by the help of an infallible guide, to perfect such Prutenic tables, as shall mend the astronomy of our wide expositors.

The cause of divorce mentioned in the law is translated "some uncleanness," but in the Hebrew it sounds "nakedness of aught, or any real nakedness:" which by all the learned interpreters is referred to the mind as well as to the body. And what greater nakedness or unfitness of mind than that which hinders ever the solace and peaceful society of the married couple; and what hinders that more than the unfitness and defectiveness of an unconjugal mind? The cause therefore of divorce expressed in the position cannot but agree with that described in the best and equallest sense of Moses' law. Which being a matter of pure charity, is plainly moral, and more now in force than ever; therefore surely lawful. For if under the law such was God's gracious indulgence, as not to suffer the ordinance of his goodness and favour through any error to be seared and stigmatised upon his servants to their misery and thraldom; much less will he suffer it now under the covenant of grace, by abrogating his former grant of remedy and relief. But the first institution will be objected to have ordained marriage inseparable. To that a little patience until this first part have amply discoursed the grave and pious reasons of this divorcive law; and then I doubt not but with one gentle stroking to wipe away ten thousand tears out of the life of man. Yet thus much I shall now insist on, that whatever the institution were, it could not be so enormous, nor so rebellious against both nature and reason, as to exalt itself above the end and person for whom it was instituted.

CHAPTER II.

The first reason of this law grounded on the prime reason of matrimony. That no covenant whatsoever obliges against the main end both of itself, and of the parties covenanting.

For all sense and equity reclaims, that any law or covenant, how solemn or strait soever, either between God and man, or man and man, though of God's joining, should bind against a prime and principal scope of its own institution, and of both or either party covenanting: neither can it be of force to engage a blameless creature to his own perpetual sorrow, mistaken for his expected solace, without suffering charity to step in and do a confessed good work of parting those, whom nothing holds together but this of God's joining, falsely supposed against the express end of his own ordinance. And what his chief end was of creating woman to be joined with man, his own instituting words declare, and are infallible to inform us what is marriage, and what is no marriage; unless we can think them set there to no purpose; "it is not good," saith he, "that man should be alone, I will make him a help meet for him." From which words, so plain, less cannot be concluded, nor is by any learned interpreter, than that in God's intention a meet and happy conversation is the chiefest and the noblest end of marriage: for we find here no expression so necessarily implying carnal knowledge, as this prevention of loneliness to the mind and spirit of man. To this, Fagjus, Calvin, Pareus, Rivetus, as willingly and largely assent as can be wished.

And indeed it is a greater blessing from God, more worthy so excellent a creature as man is, and a higher end to honour and sanctify the league of marriage, whenas the solace and satisfaction of the mind is regarded and provided for before the sensitive pleasing of the body. And with all generous persons married thus it is, that where the mind and person pleases aptly, there some unaccomplishment of the body's delight may be better borne with, than when the mind hangs off in an unclosing disproportion, though the body be as it ought; for there all corporal delight will soon become unsavoury and contemptible. And the solitariness of man, which God had namely and principally ordered to prevent by marriage, hath no remedy, but lies under a worse condition than the loneliest single life: for in single life the absence and remoteness of a helper might inure him to expect his own comforts out of himself, or to seek with hope; but here the continual sight of his deluded thoughts, without cure, must needs be to him, if espe cially his complexion incline him to melancholy, a daily trouble and pain of loss, in some degree like that which reprobates feel. Lest therefore so noble a creature as man should be shut up incurably under a worse evil by an easy mistake in that ordinance which God gave him to remedy a less evil, reaping to himself sorrow while he went to rid away solitariness, it cannot avoid to be concluded, that if the woman be naturally so of disposition, as will not help to remove, but help to increase that same God-forbidden loneliness, which will in time draw on with it a general discomfort and dejection of mind, not beseeming either Christian profession or moral conversation, unprofitable and dangerous to the commonwealth, when the household estate, out of which must flourish forth the vigour and spirit of all public enterprises, is so illcontented and procured at home, and cannot be supported; such a marriage can be no marriage, whereto the most honest end is wanting and the aggrieved person shall do more manly, to be extraordinary and singular in claiming the due right whereof he is frustrated, than to piece up his lost contentment by visiting the stews, or stepping to his neighbour's bed; which is the common shift in this misfortune: or else by suffering his useful life to waste away, and be lost under a secret affliction of an unconscionable size to human strength. Against all which evils the mercy of this Mosaic law was graciously exhibited.

CHAPTER III.

The ignorance and iniquity of canon law, providing for the right of the body in marriage, but nothing for the wrongs and grievances of the mind. An objection, that the mind should be better looked to before contract, answered.

How vain therefore is it, and how preposterous in the canon law, to have made such careful provision against the impediment of carnal performance, and to have had no care about the unconversing inability of mind so defective to the purest and most sacred end of matrimony; and that the vesse of voluptuous enjoyment must be made good to him that has taken it upon. trust, without any caution; whenas the mind, from whence must flow the acts of peace and love, a far more precious mixture than the quintescence. of an excrement, though it be found never so deficient and unable to perform the best duty of marriage in a cheerful and agreeable conversation, shall be thought good enough, however flat and melancholius it be, and must serve, though to the eternal disturbance and languishing of him that

complains! Yet wisdom and charity, weighing God's own institution, would think that the pining of a sad spirit wedded to loneliness should deserve to be freed, as well the impatience of a sensual desire so providently relieved. It is read to us in the liturgy, that "we must not marry to satisfy the fleshly appetite, like brute beasts, that have no understanding;" but the canon so runs, as if it dreamed of no other matter than such an appetite to be satisfied; for if it happen that nature hath stopped or extinguished the veins of sensuality, that marriage is annulled. But though all the faculties of the understanding and conversing part after trial appear to be so ill and so aversely met through nature's unalterable working, as that neither peace, nor any sociable contentment can follow, it is as nothing; the contract shall stand as firm as ever, betide what will. What is this but secretly to instruct us, that however many grave reasons are pretended to the married life, yet that nothing indeed is thought worth regard therein, but the prescribed satisfaction of an irrational heat? Which cannot be but ignominious to the state of marriage, dishonourable to the undervalued soul of man, and even to Christian doctrine itself: while it seems more moved at the disappointing of an impetuous nerve, than at the ingenuous grievance of a mind unreasonably yoked; and to place more of marriage in the channel of concupiscence, than in the pure influence of peace and love, whereof the soul's lawful contentment is the only fountain.

But some are ready to object, that the disposition ought seriously to be considered before. But let them know again, that for all the wariness can be used, it may yet befall a discreet man to be mistaken in his choice, and we have plenty of examples. The soberest and best governed men are least practised in these affairs; and who knows not that the bashful muteness of a virgin may ofttimes hide all the unliveliness and natural sloth which is really unfit for conversation; nor is there that freedom of access granted or presumed, as may suffice to a perfect discerning till too late; and where any indisposition is suspected, what more usual than the persuasion of friends, that acquaintance, as it increases, will amend all? And lastly, it is not strange though many, who have spent their youth chastely, are in some things not so quick-sighted, while they haste too eagerly to light the nuptial torch; nor is it therefore that for a modest error a man should forfeit so great a happiness, and no charitable means to release him: since they who have lived most loosely, by reason of their bold accustoming, prove most successful in their matches, because their wild affections unsettling at will, have been as so many divorces to teach them experience. Whenas the sober man honouring the appearance of modesty, and hoping well of every social virtue under that veil, may easily chance to meet, if not with a body impenetrable, yet often with a mind to all other due conversation inaccessible, and to all the more estimable and superior purposes of matrimony useless and almost lifeless: and what a solace, what a fit help such a consort would be through the whole life of man, is less pain to conjecture than to have experience.