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But this decifion, well ex

intolerable conditions." amined, will be found of no folidity. For Beza would be asked why, if God fo ftrictly exact our stay in any kind of wedlock, we had not better stay and hazard a murdering for religion at the hand of a wife or husband, as he and others enjoin us to flay and venture it for all other caufes but that? and why a man's life is not as well and warrantably faved by divorcing from an orthodox murderer, as a heretical? Again, if desertion be confeffed by him to confift not only in the forfaking, but in the unfufferable conditions of ftaying, a man may as well deduce the lawfulness of divorcing from any intolerable conditions (if his grant be good, that we may divorce thereupon from a heretic) as he can deduce it lawful to divorce from any deferter, by finding it lawful to divorce from a deferting infidel. For this is plain, if St. Paul's permiffion to divorce an infidel deferter infer it lawful for any malicious defertion, then doth Beza's definition of a deferter transfer itself with like facility from the caufe of religion, to the cause of malice, and proves it as good to divorce from him who intolerably stays, as from him who purpofely departs; and leaves it as lawful to depart from him who urgently requires a wicked thing, though profeffing the fame religion, as from him who urges a heathenifh or fuperftitious compliance in a different faith. For if there be fuch neceffity of our abiding, we ought rather to abide the utmost for religion, than for any other caufe; feeing both the caufe of our ftay is pretended our religion to marriage, and the caufe of our fuffering is fuppofed our conftant marriage to religion. Beza therefore, by his own definition of a deferter juftifies a divorce from any wicked or intolerable conditions rather in the fame religion than in a different.

Aretius, a famous divine of Bern, approves many caufes of divorce in his "Problems," and adds, "that the laws and confitories of Switzerland approve them alfo." As firft, "adultery, and that not actual only, but intentional;" alleging Matthew v, "Whosoever looketh to luft, hath committed adultery already in his heart. Whereby," faith he, " our Saviour thows, that the breach of matrimony may be not only by outward

act,

act, but by the heart and defire; when that hath once poffeffed, it renders the converfation intolerable, and commonly the fact follows." Other caufes to the number of nine or ten, confenting in moft with the imperial laws, may be read in the author himself, who avers them "to be grave and weighty." All these are men of name in divinity; and to thefe, if need were, might be added more. Nor have the civilians been all fo blinded by the canon, as not to avouch the juftice of those old permiffions touching divorce.

Alciat of Milain, a man of extraordinary wisdom and learning, in the fixth book of his "Parerga," defends thofe imperial laws, "not repugnant to the gospel, as the church then interpreted. "For," faith he, " "the ancients understood him feparate by man, whom paffions and corrupt affections divorced, not if the provincial bishops first heard the matter, and judged, as the council of Agatha declares:" and on fome part of the Code he names Ifidorus Hifpalenfis, the first computer of canons, "to be in the fame mind." And in the former place gives his opinion, "that divorce might be more lawfully permitted than ufury."

Corafius, recorded by Helvicus among the famous lawyers, hath been already cited of the fame judgment.

Wefembechius, a much-named civilian, in his comment on this law defends it, and affirms, "That our Saviour excluded not other faults equal to adultery; and that the word fornication fignifies larger among the Hebrews than with us, comprehending every fault, which alienates from him to whom obedience is due, and that the primitive church interpreted fo."

Grotius, yet living, and of prime note among learned men, retires plainly from the canon to the ancient civility, yea, to the Mofaic law, " as being moft juft and undeceivable." On the 5th of Matth. he faith, "That Christ made no civil laws, but taught us how to use law: that the law fent not a husband to the judge about this matter of divorce, but left him to his own confcience; that Chrift therefore cannot be thought to fend him ; that adultery may be judged by a vehement fufpicion; that the exception of adultery feems an example

of other like offences;" proves it "from the manner of speech, the maxims of law, the reafon of charity, and common equity."

Thefe authorities, without long fearch, I had to produce, all excellent men, fome of them fuch as many ages had brought forth none greater: almoft the meaneft of them might deferve to obtain credit in a fingularity; what might not then all of them joined in an opinion fo confonant to reafon? For although fome speak of this caufe, others of that, why divorce may be, yet all agreeing in the neceffary enlargement of that textual ftraitness, leave the matter to equity, not to literal bondage; and fo the opinion clofes. Nor could I have wanted more teftimonies, had the caufe needed a mere folicitous inquiry. But herein the fatisfaction of others hath been ftudied, not the gaining of more affurance to mine own perfuafion: although authorities contributing reafon withal be a good confirmation and a welcome. But God (I folemnly atteft him!) withheld from my knowledge the confenting judgment of thefe men fo late, until they could not be my inftructors, but only my unexpected witneffes to partial men, that in this work I had not given the worst experiment of an induftry joined with integrity, and the free utterance, though of an unpopular truth. Which yet to the people of England may, if God fo pleafe, prove a memorable informing; certainly a benefit which was intended them long fince by men of higheft repute for wifdom and piety, Bucer and Erafmus. Only this one authority more, whether in place or out of place, I am not to omit; which if any can think a fmall one, I muft be patient, it is no fmaller than the whole affembled authotity of England both church and ftate; and in those times which are on record for the pureft and fincereft that ever fhone yet on the reformation of this ifland, the time of Edward the Sixth. That worthy prince, having utterly abolished the canon law out of his dominions, as his father did before him, appointed by full vote of parliament a committee of two and thirty chofen men, divines and lawyers of whom Cranmer the arch

bishop, Peter Martyr, and Walter Haddon (not without the affiftance of fir John Cheeke the king's tutor, a man at that time counted the learnedeft of Englishmen, and for piety not inferior) were the chief, to frame anew fome ecclefiaftical laws, that might be instead of what was abrogated. The work with great diligence was finished, and with as great approbation of that reforming age was received; and had been doubtless, as the learned preface thereof teftifies, established by act of parliament, had not the good king's death, so soon enfuing, arrested the further growth of religion alfo, from that season to this. Thofe laws, thus founded on the memorable wisdom and piety of that religious parliament and fynod, allow divorce and fecond marriage, “not only for adultery or defertion, but for any capital enmity or plot laid against the other's life, and likewife for evil and fierce ufage:" nay the twelfth chapter of that title by plain confequence declares," that leffer contentions, if they be perpetual, may obtain divorce:" which is all one really with the pofition by me held in the former treatife published on this argument, herein only differing, that there the cause of perpetual strife was put for example in the unchangeable difcord of fome natures; but in these laws intended us by the best of our ancestors, the effect of continual ftrife is determined no unjuft plea of divorce, whether the cause be natural or wilful. Whereby the wariness and deliberation, from which that difcourfe proceeded, will appear, and that God hath aided us to make no bad conclufion of this point; feeing the opinion, which of late hath undergone ill cenfures among the vulgar, hath now proved to have done no violence to fcripture, unless all thefe famous authors alleged have done the like; nor hath affirmed aught more than what indeed the moft nominated fathers of the church, both ancient and modern, are unexpectedly found affirming; the laws of God's peculiar people, and of primitive Christendom found to have practifed, reformed churches and states to have imitated, and efpecially the moft pious church-times of this kingdom to have framed and published, and, but

for

for fad hinderances in the fudden change of religion, had enacted by the parliament. Henceforth let them, who condemn the affertion of this book for new and licentious, be forry; left, while they think to be of the graver fort, and take on them to be teachers, they expose themselves rather to be pledged up and down by men who intimately know them, to the discovery and contempt of their ignorance and prefumption.

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