into their own hands, firft by fraudulent perfuafion, afterwards by force drew to themselves the whole authority of determining and judging as well in matrimonial causes, as in most other matters. Therefore it hath been long believed, that the care and government thereof doth not belong to the civil magiftrate. Yet where the gofpel of Chrift is received, the laws of Antichrift should be rejected. If therefore kings and governors take not this care, by the power of law and juftice to provide that marriages be piously contracted, religiously kept, and lawfully diffolved, if need require, who fees not what confufion and trouble is brought upon this holy fociety: and what a rack is prepared, even for many of the best confciences, while they have no certain laws to follow, no justice to implore, if any intolerable thing happen? And how much it concerns the honour and fafety of the commonwealth, that marriages, according to the will of Chrift, be made, maintained, and not without just caufe diffolved, who understands not? For unless that firft and holieft fociety of man and woman be purely conftituted, that household difcipline may be upheld by them according to God's law, how can we expect a race of good men? Let your majesty therefore know, that this is your duty, and in the firft place, to reaffume to yourself the juft ordering of matrimony, and by firm laws to establish and defend the religion of this firft and divine fociety among men, as all wife lawgivers of old, and chriftian emperors have carefully done.

The two next chapters, because they chiefly treat about the degrees of confanguinity and affinity, I omit; only fetting down a paffage or two concerning the judicial laws of Mofes, how fit they be for Chriftians to imitate rather than any other.

CHAP. XVII, towards the end.

I CONFESS that we, being free in Chrift, are not bound to the civil laws of Mofes in every circumstance; yet feeing no laws can be more honeft, juft, and wholefome, than those which God himself gave, who is eternal

wifdom and goodness, I fee not why Chriftians, in things which no lefs appertain to them, ought not to follow the laws of God, rather than of any men. We are not to ufe circumcifion, facrifice, and thofe bodily washings prefcribed to the Jews; yet by these things we may rightly learn, with what purity and devotion both baptifm and the Lord's fupper fhould be administered and received. How much more is it our duty to observe diligently what the Lord hath commanded, and taught by the examples of his people concerning marriage, whereof we have the ufe no less than they?

And because this fame worthy author hath another paffage to this purpose, in his comment upon Matthew, Chap. v, 19, I here infert it from p. 46.

Since we have need of civil laws, and the power of punishing, it will be wifeft not to contemn those given by Mofes; but feriously rather to confider what the meaning of God was in them, what he chiefly required, and how much it might be to the good of every nation, if they would borrow thence their manner of governing the commonwealth; yet freely all things and with the fpirit of Chrift. For what Solon, or Plato, or Aristotle, what lawyers or Cæfars could make better laws than God? And it is no light argument, that many magiftrates at this day do not enough acknowledge the kingdom of Chrift, though they would feem moft Chriftian, in that they govern their ftates by laws fo diverfe from thofe of Mofes.

The 18th chapter I only mention as determining a thing not here in question, that marriage without confent of parents ought not to be held good; yet with this quali fication fit to be known.

That if parents admit not the honeft defires of their children, but shall perfift to abuse the power they have over them; they are to be mollified by admonitions, entreaties, and perfuafions, firft of their friends and kindred, next of the church-elders. Whom if ftill the hard pa rents refufe to hear, then ought the magiftrate to interpofe his power: left any by the evil mind of their pa rents be detained from marriage longer than is meet, of VOL. II. forced

G

forced to an unworthy match: in which cafe the Roman laws alfo provided. C. de nupt. l. 11, 13, 26.

CHAP. XIX.

Whether it may be permitted to revoke the promise of marriage.

HERE arifeth another question concerning contracts, when they ought to be unchangeable? for religious emperors decreed, that the contract was not indiffoluble, until the spouse were brought home, and the folemnities performed. They thought it a thing unworthy of divine and human equity, and the due confideration of man's infirmity in deliberating and determining, when space is given to renounce other contracts of much less moment, which are not yet confirmed before the magiftrate, to deny that to the moft weighty contract of marriage, which requires the greateft care and confultation. Yet left fuch a covenant fhould be broken for no juft caufe, and to the injury of that perfon to whom marriage was promifed, they decreed a fine, that he who denied marriage to whom he had promised, and for fome cause not approved by the judges, fhould pay the double of that pledge which was given at making fure, or as much as the judge fhould pronounce might fatisfy the damage, or the hinderance of either party. It being moft certain, that ofttimes after contract juft and honeft caufes of departing from promife come to be known and found out, it cannot be other than the duty of pious princes, to give men the fame liberty of unpromifing in these cafes, as pious emperors granted: especially where there is only a promife, and not carnal knowledge. And as there is no true marriage between them, who agree not in true confent of mind; fo it will be the part of godly magiftrates, to procure that no matrimony be among their fubjects, but what is knit with love and confent. though your majefty be not bound to the imperial laws, yet it is the duty of a chriftian king, to embrace and follow whatever he knows to be any where piously and juftly conftituted, and to be honeft, juft, and well-pleafing to his

And

people.

people. But why in God's law and the examples of his faints nothing hereof is read, no marvel; feeing his ancient people had power, yea a precept, that whofo could not bend his mind to the true love of his wife, fhould give her a bill of divorce, and fend her from him, though after carnal knowledge and long dwelling together. This is enough to authorize a godly prince in that indulgence, which he gives to the changing of a contract; both because it is certainly the invention of Antichrift, that the promise of marriage de præfenti, as they call it, fhould be indiffoluble, and because it should be a prince's care, that matrimony be fo joined, as God ordained; which is, that every one thould love his wife with fuch a love as Adam expreffed to Eve: fo as we may hope, that they who marry may become one flesh, and one alfo in the Lord.

CHAP. XX.

Concerns only the celebration of marriage.

CHAP XXI.

The means of preferving marriage holy and pure.

NOW fince there ought not to be lefs care, that mar riage be religioufly kept, than that it be pioufly and deliberately contracted, it will be meet, that to every church be ordained certain grave and godly men, who may have this care upon them, to obferve whether the husband bear himself wifely toward the wife, loving, and inciting ber to all piety, and the other duties of this life; and whether the wife be subject to her husband, and study to be truly a meet help to him, as firft to all godliness, fo to every other ufe of life. And if they fhall find each to other failing of their duty, or the one long abfent from the other without juft and urgent caufe, or giving fufpicion of irreligious and impure life, or of living in manifeft wickednefs, let it be admonished them in time.

And if their authority be contemned, let the names of fuch contemners be brought to the magiftrate, who may ufe punishment to compel fuch violators of marriage to their duty, that they may abftain from all probable fufpicion of tranfgreffing; and if they admit of fufpected company, the magiftrate is to forbid them; whom they not therein obeying, are to be punished as adulterers, according to the law of Juftinian, Authent. 117. For if holy wedlock, the fountain and feminary of good fub. jects, be not vigilently preferved from all blots and difturbances, what can be hoped, as I faid before, of the fpringing up of good men, and a right reformation of the commonwealth? We know it is not enough for Chriftians to abftain from foul deeds, but from the appearance and fufpicion thereof.

CHAP. XXII.

Of lawful divorce, what the ancient churches have thought.

NOW we shall speak about that diffolving of matrimony, which may be approved in the fight of God, if any grievous neceffity require. In which thing the Roman Antichrifts have knit many a pernicious entanglement to diftreffed confciences: for that they might here also exalt themselves above God, as if they would be wifer and chafter than God himfelf is; for no cause, honeft or neceffary, will they permit a final divorce: in the meanwhile, whoredoms and adulteries, and worfe things than thefe, not only tolerating in themselves and others, but cherishing and throwing men headlong into thefe evils. For although they alfo disjoin married perfons from board and bed, that is, from all conjugal fociety and communion, and this not only for adultery, but for ill ufage, and matrimonial duties denied; yet they forbid thofe thus parted, to join in wedlock with others: but, as I faid before, any difhoneft affociating they permit. And they pronounce the bond of marriage to remain between thofe whom they have thus feparated. As if the bond of marriage, God fo teaching and pronouncing,

were