nicated, nay, expressly they might communicate as laymen. If the con sideration of human infirmity, and those testimonies of divine scripture which grant marriage to every one that wants it, persuaded those fathers to bear themselves so humanely toward them who had married with breach of vow to God, as they believed, and with divorce of that marriage wherein they were in a manner joined to God; who doubts, but that the same fathers held the like humanity was to be afforded to those, who, after divorce and faith broken with men, as they thought, entered into a second marriage? For among such are also found no less weak, and no less burning.

CHAPTER XXIV.

Who of the ancient fathers have granted marriage after divorce. THIS is clear both by what hath been said, and by that which Origer. relates of certain bishops in his time, Homil. 7, in Matt. "I know some," saith he, "which are over churches, who, without Scripture, have permitted the wife to marry while her former husband lived. And did this against Scripture, which saith, the wife is bound to her husband so long as he lives; and she shall be called an adulteress, if, her husband living, she take another man; yet did they not permit this without cause, perhaps for the infirmity of such as had not continence, they permitted evil to avoid worse." Ye see Origen and the doctors of his age, not without all cause, permitted women after divorce to marry, though their former husbands were living; yet writes that they permitted against Scripture. But what cause could they have to do so, unless they thought our Saviour in his precepts of divorce had so forbidden, as willing to remit such perfection to his weaker ones, cast into danger of worse faults?

The same thought Leo, bishop of Rome, Ep. 85, to the African bishops of Mauritania Cæsariensis, wherein complaining of a certain priest, who divorcing his wife, or being divorced by her, as other copies have it, had married another, neither dissolves the matrimony, nor excommunicates him, only unpriests him. The fathers therefore, as we see, did not simply and wholly condemn marriage after divorce.

But as for me, this remitting of our Saviour's precepts, which these ancients allow to the infirm in marrying after vow and divorce, I can in no ways admit; for whatsoever plainly consents not with the commandment, cannot, I am certain, be permitted, or suffered in any Christian: for heaven and earth shall pass away, but not a tittle from the commandments of God among them who expect life eternal. Let us therefore consider, and weigh the words of our Lord concerning marriage and divorce, which he pronounced both by himself, and by his apostle, and let us compare them with other oracles of God; for whatsoever is contrary to these, I shall not persuade the least tolerating thereof. But if it can be taught to agree with the word of God, yea to be commanded, that most men may have permission given them to divorce and marry again, I must prefer the authority of God's word before the opinion of fathers and doctors, as they themselves teach.

CHAPTER XXV.

The words of our Lord, and of the Holy Ghost, by the Apostle Paul concerning divorce, are explained. The 1st Axiom, that Christ could not condemn of adultery, that which he once commanded.

BUT the words of our Lord, and of the Holy Ghost, out of which Austin and some others of the fathers think it concluded, that our Saviour forbids marriage after any divorce, are these; Matt. v. 31, 32, "It hath been

said," &c.: and Matt. xix. 7, "They say unto him, why did Moses then com mand," &c.: and Mark x., and Luke xvi., Rom. vii. 1, 2, 3, 1 Cor. vii. 10, 11. Hence therefore they conclude, that all marriage after divorce is called adultery; which to commit, being no ways to be tolerated in any Christian, they think it follows, that second marriage is in no case to be permitted either to the divorcer, or to the divorced.

But that it may be more fully and plainly perceived what force is in this kind of reasoning, it will be the best course, to lay down certain grounds whereof no Christian can doubt the truth. First, it is a wickedness to suspect, that our Saviour branded that for adultery, which himself, in his own law which he came to fulfil, and not to dissolve, did not only permit, but also command; for by him, the only mediator, was the whole law of God given. But that by this law of God marriage was permitted after any divorce, is certain by Deut. xxiv. 1.

CHAPTER XXVI.

That God in his law did not only grant, but also commanded divorce to certain men.

DEUT. xxiv. 1, "When a man hath taken a wife," &c. But in Mal. ii. 15, 16, is read the Lord's command to put her away whom a man hates, in these words: "Take heed to your spirit, and let none deal injuriously against the wife of his youth. If he hate, let him put away, saith the Lord God of Israel. And he shall hide thy violence with his garment," that marries her divorced by thee, "saith the Lord of hosts; but take heed to your spirit, and do no injury." By these testimonies of the divine law, we see, that the Lord did not only permit, but also expressly and earnestly commanded his people, by whom he would that all holiness and faith of marriage covenant should be observed, that he, who could not induce his mind to love his wife with a true conjugal love, might dismiss her, that she might marry to another.

CHAPTER XXVII.

That what the Lord permitted and commanded to his ancient people concerning divorce belongs also to Christians.

Now what the Lord permitted to his first-born people, that certainly he could not forbid to his own among the Gentiles, whom he made coheirs, and into one body with his people; nor could he ever permit, much less command, aught that was not good for them, at least so used as he commanded. For being God, he is not changed as man. Which thing who seriously considers, how can he imagine that God would make that wicked to them that believe, and serve him under grace, which he granted and commanded to them that served him under the law? Whenas the same causes require the same permission. And who that knows but human matters, and loves the truth, will deny that many marriages hang as ill together now, as ever they did among the Jews? So that such marriages are liker to torments than true marriages. As therefore the Lord doth always succour and help the oppressed, so he would ever have it provided for injured husbands and wives, that under pretence of the marriage bond, they be not sold to perpetual vexations, instead of the loving and comfortable marriage duties. And lastly, as God doth always detest hypocrisy and fraud, so neither doth he approve, that among his people that should be counted marriage, wherein none of those duties remain, whereby the league of wedlock is chiefly preserved. What inconsiderate neglect then of God's

law is this, that I may not call it worse, to hold that Christ our Lord would not grant the same remedies both of divorce and second marriage to the weak, or to the evil, if they will needs have it so, but especially to the innocent and wronged; whenas the same urgent causes remain as before, when the discipline of the church and magistrate hath tried what may be tried?

CHAPTER XXVIII.

That our Lord Christ intended not to make new laws of marriage and divorce, or of any civil matters. Axiom 2.

It is agreed by all who determine of the kingaom and offices of Christ by the Holy Scriptures, as all godly men ought to do, that our Saviour upon earth took not on him either to give new laws in civil affairs, or to change the old. But it is certain, that matrimony and divorce are civil things. Which the Christian emperors knowing, gave conjugal laws, and reserved the administration of them to their own courts; which no true ancient bishop ever condemned.

Our Saviour came to preach repentance and remission: seeing therefore those, who put away their wives without any just cause, were not touched with conscience of the sin, through misunderstanding of the law, he recalled them to a right interpretation, and taught, that the woman in the beginning was so joined to the man, that there should be a perpetual union both in body and spirit: where this is not, the matrimony is already broke, before there be yet any divorce made, or second marriage.

CHAPTER XXIX.

That it is wicked to strain the words of Christ beyond their purpose. THIS is his third Axiom, whereof there needs no explication here.

CHAPTER XXX.

That all places of Scripture about the same thing are to be joined, and compared, to avoid contradictions. Axiom 4.

This he demonstrates at large out of sundry places in the gospel, and principally by that precept against swearing, which, compared with many places of the law and prophets, is a flat contradiction of them all, if we follow superstitiously the letter. Then having repeated briefly his four axioms, he thus proceeds:

THESE things thus preadmonished, let us inquire what the undoubted meaning is of our Saviour's words, and inquire according to the rule which is observed by all learned and good men in their expositions; that praying first to God, who is the only opener of our hearts, we may first with fear and reverence consider well the words of our Saviour touching this question. Next, that we may compare them with all other places of Scripture treating of this matter, to see how they consent with our Saviour's words, and those of his apostle.

CHAPTER XXXI.

THIS chapter disputes against Austin and the papists, who deny second marriage even to them who divorce in case of adultery; which because it is not controverted among true protestants, but that the innocent person is easily allowed to marry, I spare the translating.

* Matthew v. 34.

CHAPTER XXXII.

That a manifest adulteress ought to be divorced, and cannot lawfully be retained in marriage by any true Christian.

THIS though he prove sufficiently, yet I let pass, because this question 'was not handled in the Doctrine and Dicipline of Divorce; to which book I bring so much of this treatise as runs parallel.

CHAPTER XXXIII.

That adultery is to be punished with death.

THIS chapter also I omit for the reason last alleged.

CHAPTER XXXIV.

That it 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 show, 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 lead 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 disgraces; for such twain are nothing less than lawful man and wife.

The like answer is to be given to all 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 VOL. I.

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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 misbelieveing 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 second 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 showed 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'; Malachi, ii.; Matt. xix. 1; 1 Cor. vii. ; and out of those principles, which the Scripture every where 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 Spint of the Lord.