A80850	----	Helpes for discovery of the truth in point of toleration: being the judgment of that eminent scholler Tho. Cartwright, sometimes Divinity-Professor in the University of Cambridge in the reigne of Queen Elizabeth of happy memory, and then a famous non-conformist, for which through the tyranny of the Bishops he suffered exile. Wherein the power and duty of the magistrate in relation to matters of religion is discussed; as also whether the judiciall lawes given by Moses to the Jewes are abrogate by the coming of Christ. More particularly in relation to some sinnes, viz. blasphemy, adultery, &c. Occasionally handled in a controversie betweene the said publike professor T.C. and Doctor Whitgift. Here also by the way is laid downe his judgment in the case of divorce, and that the party innocent may marrie again. Cartwright, Thomas, 1535-1603. This text is an enriched version of the TCP digital transcription A80850 of text R204533 in the English Short Title Catalog (Thomason E423_19). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 37 KB of XML-encoded text transcribed from 9 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A80850 Wing C700 Thomason E423_19 ESTC R204533 99864017 99864017 116235 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A80850) Transcribed from: (Early English Books Online ; image set 116235) Images scanned from microfilm: (Thomason Tracts ; 67:E423[19]) Helpes for discovery of the truth in point of toleration: being the judgment of that eminent scholler Tho. Cartwright, sometimes Divinity-Professor in the University of Cambridge in the reigne of Queen Elizabeth of happy memory, and then a famous non-conformist, for which through the tyranny of the Bishops he suffered exile. Wherein the power and duty of the magistrate in relation to matters of religion is discussed; as also whether the judiciall lawes given by Moses to the Jewes are abrogate by the coming of Christ. More particularly in relation to some sinnes, viz. blasphemy, adultery, &c. Occasionally handled in a controversie betweene the said publike professor T.C. and Doctor Whitgift. Here also by the way is laid downe his judgment in the case of divorce, and that the party innocent may marrie again. Cartwright, Thomas, 1535-1603. Cartwright, Thomas, 1634-1689, attributed name. [2], 14 p. Printed for Thomas Banks, at the signe of the Seale in Westminster Hall, London : 1648. Sometimes erroneously attributed to Thomas Cartwright 1634-1689. Annotation on Thomason copy: "Jan.24"; the 8 in imprint date has been crossed out and date altered to 1647. Reproduction of the original in the British Library. eng Religious tolerance -- England -- Early works to 1800. Divorce -- Great Britain -- Early works to 1800. Justices of the peace -- England -- Early works to 1800. Justice -- Biblical teaching -- Early works to 1800. A80850 R204533 (Thomason E423_19). civilwar no Helpes for discovery of the truth in point of toleration:: being the judgment of that eminent scholler Tho. Cartwright, sometimes Divinity- Cartwright, Thomas 1648 6610 4 5 0 0 0 0 14 C The rate of 14 defects per 10,000 words puts this text in the C category of texts with between 10 and 35 defects per 10,000 words. 2007-04 TCP Assigned for keying and markup 2007-04 Aptara Keyed and coded from ProQuest page images 2007-05 Pip Willcox Sampled and proofread 2007-05 Pip Willcox Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion Helpes for Discovery of the Truth In Point of TOLERATION : BEING The judgment of that eminent Scholler Tho. Cartwright , sometimes Divinity-Professor in the University of Cambridge in the Reigne of Queen Elizabeth of happy memory , and then a famous Non-Conformist , for which through the tyranny of the Bishops he suffered Exile . Wherein the Power and Duty of the Magistrate in relation to matters of Religion is discussed ; as also whether the Judiciall Lawes given by Moses to the Jewes are abrogate by the coming of Christ . More particularly in relation to some sinnes , viz. Blasphemy , Adultery , &c. Occasionally handled in a Controversie betweene the said publike Professor T. C. and Doctor Whitgift . Here also by the way is laid downe his judgment in the case of Divorce , and that the party innocent may marrie again . LONDON , Printed for Thomas Banks , at the signe of the Seale in Westminster Hall . 1648. To the Reader . Christian Reader , FOr understanding this piece of Mr. Cartwrights , thou art to consider , that it is an extract out of a booke of his written for a reply to the then Bishop of Canterbury Dr. Whitgift . And finding that he unfolds many truths for the setling of mens judgments in these times , as concerning the force of the Judiciall Lawes of Moses given to the Jewes , concerning the punishment of blasphemy , adultery , &c. it was judged likely to prove usefull to the Church of Christ if it were made more publike , the old Book being neer worn out of print . The extent and continuance of the Law Morall , Ceremoniall , and Judiciall , with their severall uses , not being well considered , hath been the cause that many errors of late times have been pleaded for . Somthing of the Law was abrogated by the coming of Christ : this being hinted and taken hold of by the ignorant and unstable , they understand it of the abrogation of all , both Ceremoniall , Judiciall and Morall , and so open a gap to licentiousnesse . Thus by confounding what should be distinguisht , many absurdities have their rise . There is somthing Morall among the Iudicialls , which will stand against all opposition . There is somwhat in the Morall which is abrogate to the believer , as the curse , the condemning power , the irritating nature , &c. Qui bene distinguit , bene docet . I leave the clearing of some of these things to this ensuing extract : The Lord grant us discerning spirits , together with hearts to walk in the light of his truth , when we discerne it . Helpes for discovery of the Truth , in point of Toleration . MY former Assertion was , That we have a word of God for our direction in all things which we have to doe . My reason illustrating this truth was this , That otherwise our estate should be worse then the state of the Jews , who had direction ( as is on all hands confest ) out of the Law , even for the least things ; And whereat it is the vertue of a good Law , to leave as little undetermined , and without the compasse of the Law , as can be , my adversary D. W. imagining that we have no word for divers things , wherein the Jews had particular direction , supposeth a greater perfection ●n the Law given to the Jewes , then in that which is left to us . That this is a principall vertue of the Law , may be seen ●nd evidenced thus ; First , because conscience that is well ●●nstructed and touched with the feare of God , will seek direction from the light of Gods word , even in the smallest actions . Secondly , common reason will urge it , the Masters whereof give this Rule , {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} , &c. Arist. ad Theod. viz. It greatly behoveth those Lawes which are well made , as much as can be to determine of all things , and to leave as few things as may be to the discretion of the Judge . I added , That the new Testament is a noble addition to the old , that it maketh the old more manifest , and bringeth greater light ; which expression ( though D. W. wrangleth withall ) is no other then Mr. Calvin useth on 2 Tim. 3. where he calls the Gospel an addition to the Law : Let us therefore now consider , whether in the matter of the Judiciall Law , that which I have set downe be strange and dangerous , as Dr. W. surmiseth . I doe not affirm , that the Magistrate is simply bound to the Judiciall Law of Moses ; but that he is bound to the Equity , which I also call the substance and marrow of them , in regard of which equity , I affirm that , There are certaine Lawes among the judicialls , which cannot be changed . Hereof I gave example in the Laws which command , that a stubborn Idolater , Blasphemer , Murtherer , Incestuous person , and such like should be put to death . For the first point , That the equity of the judicialls doth remain , and therefore ought to be a rule to direct all Laws by : To let passe the authority of Mr Calvin , Mr Beza , and other writers of our time , who have written with any judgement of this matter , ( who doe in plain words affirm , that there is a perpetuall equity in them , and that our Laws , though they differ in forme , yet ought to retaine the reason or ground of them ) I say to let that passe , I assert , That all these Laws , Morall , Ceremoniall , and Judiciall , being the Laws of God , and by his revealed will established , must so farre forth remaine , as it appeareth not by his will that they are revoked . To boult out therefore this truth , seeing the altering or revoking of any Law must be by our Saviours comming only , Let us inquire what those Laws are which he put an end unto . This thing may be considered in that division which S. Paul useth , where he saith that our Saviour Christ came to make peace , first between God and men , and then between men and men ; that is to say between the Jews and Gentiles . 1. The Ceremoniall Law therefore being a Law of enmity ( which as a wall held out the Gentiles from joyning themselves unto the Jews ) was necessary , among other causes , in this respect to be taken away . Secondly , the curse of the Law , for the breach of any of the Lawes of God , either pertaining to the Jews in times past , or unto us now ( being that which maketh the wall between the Lord and us ) was , for our reconciliation with his Majesty , necessarily to be removed : whereupon it followeth , First , That the Morall Law ( as that which hindereth not our reconciliation with God , nor our good agreement with men ) is in as full strength as ever it was before the comming of our Saviour Christ : For the curse of the Law besides that , it is in regard of the Elect , rather fulfilled and executed in the person of our Saviour Christ , then abrogated . 2. Besides that also , it hath a necessary use as yet towards the Elect , not only to drive them to the faith which is in Christ Jesus , but also to keep under the remnants of rebellion , even of them which have already believed . And 3. Besides that , the force thereof is dayly , and shall be for ever executed upon the wicked . 4. Besides all this , seeing this curse was annexed not only to the breach of the Morall Law , but also of the Ceremoniall and Judiciall , there is no just cause , why the Morall Law should be said to be abrogated . Secondly it followeth hereupon , That those Judiciall Laws of Moses , which are meerly Politck , and without all mixture of Ceremonies , must remain , as those which hinder not the Attonement of Jews and Gentiles with God , or of one of them with another . Besides this , It being manifest , that our Saviour Christ came not to dissolve any good Government of Common-wealth , he can least of all be thought to come to destroy that which himselfe had established . Of this Point Dr. W. hath two contrary sentences , one of Musculus , which saith that the Judiciall Law is abrogate , the other of Beza , which is , That the Judiciall Law being given to the Jewes , is not yet abrogate , so that if they had any estate of Common-wealth in the Land of Canaan , they should be constrained to use that forme of Government , which was given to them by Moses . Now albeit those Lawes given unto the Jews for that Land , doe not bind the Gentiles in other Lands , forsomuch as the diversity of the dispositions of the people , and state of that Country , gave occasion of some Laws there , which would not have been in other places , yet forasmuch as there is in those Laws a constant and everlasting Equity whereupon they were grounded , 2. And the same perfecter and further from errour then the forge of mans reason ( which is even in this behalfe shrewdly wounded , ) is able to devise ; It followeth , that even in making Politick Laws for the Common-wealth , Christian Magistrates ought to propound unto themselves those Laws , and in light of their Equity by a just proportion of circumstances , of person , place , &c. to frame them . Now to prove this truth , That the equitie of the Iudiciall Law remaineth , ( not as a counsail which men may follow if they list , and leave at their pleasure , but ) as a Law whereto they be bound , I shall prove by an Argument taken from that of the Apostle in 1 Cor 9. where after he had alleaged divers similitudes , fetcht from the common use of men , to prove that a Minister of the Gospel ought to be maintained upon the Churches charge ; least it might be objected that these were but humane reasons , he citeth one of the Judiciall Laws , as the eternall Law of God , Deut. 25. 4. Thou shalt not muzzell the mouth &c. Where it is manifest , that he doubteth not to bind the Conscience of the Corinths unto the equity of that Law which was Judiciall , and so urgeth it ver. 10. Likewise of the finding of the Priests in the service of the Altar , commanded in the Law , he concludeth , That those which preach the Gospel should live of it . And this maintenance of the Priest , albeit in the manner of the provision it was meerly Ceremoniall , yet as it was a reward of their service , due by men ( as the punishments also , if they had failed in their duties , ) was meer Judiciall . Whereupon it followeth , that in those Judicialls , to all the circumstances whereof we are not bound , we are yet bound to the Equity of them . It remaineth to shew , that there are certain Judiciall Lawes which cannot be changed , as that a Blasphemer , contemptuous and stubborn Idolater , &c. ought to be put to death . They which would have this left at liberty , have nothing to alledge to colour their loosenesse , but the coming of Christ and his passion : but they do not see how this their arguing faultreth divers wayes . For , 1. It is a childish error to think , that our Saviour Christ came to exempt men from corporall death , which the Law casteth upon evill doers , when as he came not to deliver from death , which is the parting of the body from the soule , but from that which is the separation both of body and soul from the gracious presence of the Lord . And if it were so , that our Saviour Christ had born in his Body this civill punishment of publike offenders , it must thereupon follow , not that it is in the liberty of the Magistrate to put them to de●th , but that he must , will he , nill he , if they repent , keep them alive . For if our Saviour hath answered that justice of God in his Law , whereby he hath commanded that such malefactors should be put to death , it should be great injustice to require that again in the life of the offender . 2. Againe , this opinion is injurious to the death of Christ ; for if he were for this cause made manifest in the slesh , that he might destroy sin , which is the work of the Devill , 1 Ioh. 3. 8. this imagination of a liberty left to the Magistrate , whether he will put them to death or not , doth make Christ build againe that kingdome of sin which he hath destroyed : For , when both in common reason , and by the manifest word of God , the Lord giveth this blessing unto the punishment of such grievous offenders by death , that others ( not only which see , but also ) which heare of them , have the bridle of feare put upon them , whereby they are with-holden from the like crimes , it must needs follow , that whosoever maketh our Saviour Christ author of this loosenesse , in not punishing such offenders , maketh him forthwith to loose the bridle whereby others are stayed from throwing themselves down the hill of wickednesse which was before committed : And what is , if this be not , to make our Saviour Christ a troubler of common-wealths ? Moreover , if our Saviour Christ by his coming loosed these civill punishments , and purchased this grace of his Father for blasphemers , &c. that if they could find favour in the eyes of the Magistrate , they might escape the hands of death , which the Law of God adjudgeth them unto : How commeth it to passe , that the Apostles , to whom the Lord committed the publishing of all that pardon which he obtained for us , did never make mention of the slaking of these punishments ? If our Saviour Christ had obtained this liberty , it was worthy the preaching ; and therefore unlesse D. W. can shew something out of the writings of the Apostles , to warrant this Sanctuary , which he would so faine build to the support of blasphemers , murderers , &c. it followeth , that the Apostles , by his saying , have not answered the trust committed unto them ; But if all godly minds doe abhorre these absurdities , there is no cause why they should like of this corruption of the Doctor , whereupon all these depend . Nay in that the Apostle putteth a sword in the hand of the Magistrate , and in the use of it maketh him a Minister and servant of the vengeance and justice of the Lord against sinne : He striketh through this opinion , which imagineth that our Saviour Christ came to hang the sword of the Lords justice upon the pleasure and will of man . For the Magistrate being the Lords Officer , as the Sheriffe is the Magistrates : It is no more in his choice to with-hold the Sword which the Lord hath put in his hand to draw , then in the power of the Sheriffe , to stay the execution of that judgement , which the Magistrate himselfe hath lawfully commanded , Now seeing there is a sword in the Magistrates hand , by the doctrine of the Apostles , and that also which the Magistrate must of duty draw ; I would gladly know where that necessity of drawing this sword can be found , if it be not in these crimes of Blasphemy , &c. which I have set downe ? And if he say that Paul , by the sword understandeth all manner of civill punishments , as well by the purse , as by other bodily chastisements which spare the life ; I grant it , but by an usuall manner of speech which is figurative , and noteth the whole by the part , he rather chose to utter those punishments by the Sword , then either by the whip or purse : whereby he did not only not exclude this necessity of punishing malefactors with death , but laid rather a straiter bond upon the Magistrate to execute those which commit things worthy of death . Hitherto generally of putting those to death , which commit things against the Laws remaining still in force , as they were in times past established by the bloud of the Transgressors : Now I will come to the particular crimes set downe , and first for the crime of Adultery . It is to be considered that the crime of Adultery is a breach of the holy and ancient , both institution and solemn Covenant of the Lord , then that it is an injury done unto the innocent party in the most precious possession that can be , in things pertaining to this present life , joyned with dishonour cast not only upon the person , but upon all his Children , and in a manner on all those that belong unto him . Thirdly that this fire doth not only wast the family where it is , but maketh a breach into the Common-wealth , whilst the right of inheritance , either of Lands or Offices is oftentimes thus translated from the true Inheritors , while the children which are so begotten , having oft times lesse care and cost bestowed on them in their education , become hurtfull Members of the Commonwalth ; whereby all may clearely see the perpetuall equity of the Law of God in the revengement of this sinne by death . And when the Lord addeth this for a reason of putting the Adulterer to death , that the evill may be taken out of Israel , unto the heap of discommodities before rehearsed for fault of executing this Judgement of death , he threatneth the whole Common-wealth with mischiefe to fall upon it ; and the equity of this punishment by death hath so lightsome colours upon it , that it hath upholden it selfe against the ignorance and injustice of all which have not willingly put out that sparkle which standeth in the discretion of honesty ; For even before this candle light of the Law of God was set up , not onely the godly ( as Job ) which were in some part reformed of the generall blindnesse , but even those that were not of the Church of God , as Abimelech the King of Gerar , and the very Canaanite ( as long as there was any step of equity among them ) did see that the filth of this sinne was such , as ought to be washed away with the bloud of the offenders . For whereas Isaac feared the assault , both of his life and of the chastity of Rebecka , the King ordained that whosoever either laid violent hands on him , or had to doe with his wife , should die ; and in that Judah called for Thamar to be led forth to death in the Land of Canaan , where himselfe was but a private man , for that she being made sure unto an husband , plaid the Harlot : he gave to understand , that the Canaanites , who had even then filled a good part of that measure of sin unto the brinke , whereof they came afterward did notwithstanding pursue Adulterers unto death . And when the Lord did afterward give testimony to this punishment by the expresse words of his Law , it is manifest , that the Law which God hath written in the table of the hearts of all men , pronounceth the sentence of death against Adulterers : So that unlesse men will like Gyants fight against the light of nature , or say , that our Saviour Christ came to abolish that which in all times and with all Nations ( not altogether spoiled of the discretion of honesty and dishonesty ) was observed , it followeth , that the punishment of Adultery by death , and consequently much more the punishment of incestuous meetings by death , standeth in as full force now as ever it did before the coming of our Saviour Christ . The exceptions against this Doctrine are of no value , for if this be the truth of God there can be no prerogative against it , unlesse he can shew some higher Court then heaven , and some chief Justice above the Lord . It is not denied , but the punishments by death whereby men have established Lawes which themselves have for their better commodity devised , may be either mitigated or taken away by those to whom it appertained ; neither is the Magistrate by any thing which I have set downe bound to mitigate the punishment of Theeves . For , their punishment may grow by the circumstance of place , as in Scithia where all things lying open to the spoile , had need to be locked up by the straighter punishment , and sometimes by the disposition of the people lighter handed then others , as if one had to do with the Lacedemonians , or some Nation in whom that sinne had taken deeper root . And I will not deny , but even these crimes of Murther and Adultery may vary by divers circumstances , and therefore the Magistrate may according to the quantity of the fault appoint the manner of death sharper or milder . But that there is any place , time , or other circumstance , which can lessen these crimes that they should not be worthy of death , upon the reasons before alledged , I utterly deny . It may be objected , that the Law of our Saviour Christ touching divorcement for Adultery , Mat. 5. 32. had been to no purpose , if the Adulterer ought of necessity to be put to death . First , he that urgeth this may be justly charged with a mistake in bringing in our Saviour Christ there as a maker of Lawes under the Gospell , whereas he made none in those places , but expounded the Law of God , which he had made from the beginning ; the other refusalls made by the Jewes of their wives , were never any Lawes but Permissions only : and therefore in their abolishment there was no Law of God abrogated . Secondly , it was necessary to use that exposition , notwithstanding that the punishment of the Law by death remained ; for besides that the Jewes being under the Government of the Romanes had those civill punishments by death suspended upon the pleasure of their Officers , who were often corrupted : our Saviour Christ fore-seeing all things did fore-see what loosenesse would follow in this behalfe , and therefore as the office of a good Teacher required , he instructed the conscience , and taught that albeit the Magistrate faile in the execution of the Law , yet that the former yoke being broken , men were at their liberty to enter into a new contract of Marriage with other ; whereby he met with the corrupt opinion of those which dreame that the knot of Marriage is not cut asunder by Adultery during the life of the parties married . Now for the opinion of Musculus before quoted , at pa. 3. although his manner of speech ( in saying that all Moses is abrogated ) be hard , yet it will appeare that D. W. hath wrested this learned mans words from his meaning , and that he is but a snatcher at syllables ; for the meaning of that learned man Musculus was , that these Lawes are abrogate , as given by Moss , and doe notwithstanding remaine as they containe a perpetuall equity ; and that this is his meaning may be proved by comparing him with himselfe , for in the same title of Lawes he writeth thus , There are ( saith he ) that think that Christ did abrogate the punishment prescribed by the Law against Adulterers , when he saith , Neither doe I condemne thee , goe and sinne no more ; these be gay fellowes , they thinke not of this , that our Saviour Christ came into the world , not to judge or punish , but to save sinners : and yet in the meane season not to take away the punishments of the Law , given of God his Father by Moses ; whereupon he said not simply , thon thoughtest not to be condemned , &c. and so sheweth , that if she had been condemned according to the sentence of the Law , that the Lord would not have spoke against it . This our Saviours refusall to condemn this woman taken in Adultery , doth no more cease the punishment due to Adultery , then his refusing to judge in the division of an inheritance when he was requested , doth countenance Anabaptisticall community , or doth prove , that Inheritances should not be divided , in both these he refuseth to meddle , as impertinent to that spirituall work he intended ] Calvin in his Comment on John , calleth it Popish divinity , that the sentence of our Saviour Christ , Jo. 8. should bring any favour to Adulterers , as touching the civill punishment . As for Mr. Beza , it is known that he proveth that Hereticks ought by the Law of God to be put to death , whereby it appears that he beleeves those Judicialls which give sentence of death against the crimes here set down to be still in as full force as ever they were . Unto which I could add Peter Martir , who hath a long dispute of the necessary observation of this Law against Adulterers , and as I have shewed there is none of these crimes but even the Law of nature will teach us , that they ought to receive the reward af death . The Dr. proceeds , and seeks to make one difference between the Law and Gospel , to ly in relation to the severity of the Law and lenity of the Gospel , in respect of temporall punishment . The Answer . I say that in this very point , a great part of the errour of the Manichees doth consist , for they were led to condemne the Justice of God under the old Testament , because of the outward punishments which were exercised partly by the hand of God by judgements from Heaven , and partly by the Ministery of men at the commandment of the Law ; therefore the favour of Manichism is still hot as ever it was . But since I am entred into the mention of this , the Truth is , that even in these outward punishments , the dispensaton of God under the Law , is divers from that under the Gospel ; For under the Paedagogy of the Law , as he crowned the obedience of it for the most part with greater abundance of outward blessings , then he doth the obedience of his Saints under the Gospel : so did he with more terrible , more often , and more manifest judgements , revenge the breach of it in that time , then he doth now . And herein indeed is the difference which the Dr. is groping after but cannot hit on it ; But that this should bring any diversity in the set and ordinary punishments prescribed by the Law , I for my part cannot understand . The contrary rather I can gather ; for even as although the Lord doth not now by outward blessings give so plentifull testimony to the obedience of the Gospell , as then of the Law : yet the Magistrate ought to be as diligent to procure the good of the Church as ever he was in the time of the Law : Even so although the Lord by bodily punishments doth not so severely revenge as he did then , yet the Magistrate may not remit any thing therfore of that severity which he was wont to use . Nay more , even as the Magistrate ought so much the more carefully to procure the outward welfare of the Church now , as the Lord withdraweth his hand that way , more now then he did then , even so ought he to keep by so much an harder hand over the punishment of sinne now , then he did then , as the Lord more rarely thundereth by his judgements from Heaven , now , then he did in time of the Law . And sruely , if ever there had been any time wherein the Magistrates sword might have rested and rusted in the sheath , the time of the Law of all had been most fittest : when the Lord did so visibly sit in judgement , and himselfe in proper person hold the Assize . The causes of this diversity between the Law and Gospell may be seen in those learned men mentioned , which handle the Point . It is enough for me , so to helpe the Dr. out , with what he travelled with , that I have shewed , that what is by me here laid downe is nothing hindered , but greatly helped by this difference which he bringeth betweene the Law , and the Gospel . Next , the Dr. finds fault with my interpretation of that place of Zachary , concerning putting to death him that prophesied falsly , his reason is , Because ( forsooth ) by that means the Parents should have power of death upon their Children ; therefore ( saith the Dr. ) there must be some other sence sought out , then that which the words doe purport . Whereunto I answer , That Moses shewing what ought to be done against those false Teachers which goe about secretly to withdraw from the true worship of God , saith , Deu. 13. 6 , 9. that though it be his Brother , his Sonne , his Daughter , or his Wife , he shall not spare but kill them : tell me now I pray you , doth not Moses mean there truly , and as his words sound , that the false Teacher shall die ? If you cannot deny it , then you see that your reason which you here assigne is nothing worth , for there also it is commanded to the Father to kill his Sonne . But if you list to learne , you may perceive that by these words understood simply , there is no power given to one private man to kill another , nor for the parent ( as a private man ) to kill his children : but this manner of speech is grounded upon the Law of God , Deut. 17. 7. whereby it was provided , that the witnesse which had accused should throw the first stone against the convicted person ; forasmuch therefore , as both Moses and Zachary after Moses , will have the Father accuser of his own Child , if the knowledge of his inticement to Idolatry remaine with him alone , therefore also they ascribe the killing of the guilty person unto them , as a thing belonging to the duty of the Accuser . Oh! but your words seem to give suspition of a difference between the Jewes and us , what is that ? why that Christian Parents should rather put their children to death , then to be with-drawne by them : so that the Jewes have an absolute Commandement to put them to death , but the Christians have it under condition , if they cannot otherwise keep still the true Worship of God . But where and in what shop is this difference quoined ? For how shall they be sure they shall not be with-drawne by him , unlesse they procure him to be put to death ? And although they were out of the perill of being with-drawn , how are others provided for , whom he may corrupt ? And if it were possible that poison which he hath , could not hurt any other , where is the revenge of Gods glory which hath been dishonoured by such false teaching ? and in the maintenance whereof the zeale of Gods children as well under the Gospell as under the Law doth consist ? I conclude therefore that place of Zachary ( against your fond distinction ) that the same severity of punishment which was used against false Prophets then , ought to be used now under the Gospell against false Teachers , comparing one person and circumstance with another . As he which hath fallen from God , and gone about to draw others away , to be handled according to the Law prescribed in that 13. of Deut. If this be extreme , I am content to be so counted with the holy Ghost . And though in some cases of Idolatry , upon repentance life is given , yet in this case and some other expressed in the Law , as of open and horrible blasphemy of the Name of God ; I deny that upon repentance there ought to follow any pardon of death , which the Judiciall Law doth require . Besides , It is an Anabaptisticall tenent to avoid all punishment of sin whatsoever , to maintain that , For whatever offence a man commit , if he shew tokens of repentance , he may be delivered from bodily punishment : For what Murtherer , what Traitor , &c. which though he be never so unrepentant and obstinate in his sin , hearing that upon repentance there is a way to escape death , will not inforce himselfe to shew all tokens of repentance ? Let this truth therefore be further enforced by this Argument . Forasmuch as I have shewed out of the new Testament that he who killeth a man , and taketh away his corporall life ought to die , it followeth much more , that he which taketh away the life of the soule should die : and if it be meet to maintaine the life of man by the punishment of death , how should the honour of God , which is more precious then all mens lives , be with smaller punishment established ? Therefore to close up this question , I will adde this ; That the Magistrates which punish Murtherers and Thiefes , and Treasons , with other transgressors of the second Table severely , and are loose in punishing the breaches of the first Table , begin at the wrong end , and do all one with those , who to drie up many rivers continually fed by one fountain , begin at the channells where it divideth and parteth it selfe into many armes : which as it is an endlesse labour , so is this also which they go about ; for whereas S. Paul teacheth Rom. 1. that God for revenge of the dishonour of his Name , giveth men over to wicked minds , to the committing all kind of filthinesse , and of all kind of sins against the second Table , be they never so horrible ; and so maketh the breach of the first Table the cause of the breach of the second : It cannot be ( let the Magistrate lay as good watch as he can , and aggravate punishments as much as he can , ) I say it cannot be but where either the first table is broken , or the breach not duly revenged , but swarms of Treasons , Thefts , Murthers , Adulteries , Perjuries and such like , must needs breake out in those Governments . And therefore as the short and easie way to dry up the Channells and Rivers is to stop up the head and fountaine of all , so the only remedy of purging the Common-wealth of these mischiefes , is to bend the force of sharp and severe punishments especially against Idolaters , Blasphemers , Contemners of true Religion , and of the Service of God . And therefore I conclude , that those which would have the severity of the Law against Idolaters , &c. abated , doe at unawares not onely thereby utter the small price which they set either of Gods glory , or of the salvation of their Brethren , but withall declare themselves enemies to Common-wealths , and of all both civill and godly honestie of life . FINIS . Notes, typically marginal, from the original text Notes for div A80850e-250 ☜ Calv. Instit. l. 4 c. 20. Sect. 15. Beza de comburendis Haereticis . Eph. 2. pa. 97. ☞ 1. Argument . Pag. 98. Pag. 99. Deut. 19. 2 Argument , to prove the Judiciall Law still in force . Ioe . Rom. 13. pag. 101. Lev. 19. Iob. 31. 11. Gen. 26. 11. Gen. 38. 24. An objection answered . 1. Answer . 2. Answer . Joh. 18. 31. Joh. 8. pag. 107. See also Bezae confessio Christianae fidei , ca. 5. de Ecclesia sect. 44. Dr. VV. T. C. Ob. zach. 12. Reas. The answer of T. C. Pag. 112. Pag. 108. Arg. Pag. 117. Arg. pag. 118. 
A36897	----	The case of John Dunton, citizen of London with respect to his mother-in-law, Madam Jane Nicholas, of St. Albans, and her only child, Sarah Dunton : with the just reasons for her husband's leaving her : in a letter to his worthy friend, Mr. George Larkin, Senior : to which is added his letter to his wife. Dunton, John, 1659-1733. 1700 Approx. 55 KB of XML-encoded text transcribed from 7 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2004-05 (EEBO-TCP Phase 1). A36897 Wing D2621 ESTC R17041 12341086 ocm 12341086 59887 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A36897) Transcribed from: (Early English Books Online ; image set 59887) Images scanned from microfilm: (Early English books, 1641-1700 ; 209:12) The case of John Dunton, citizen of London with respect to his mother-in-law, Madam Jane Nicholas, of St. Albans, and her only child, Sarah Dunton : with the just reasons for her husband's leaving her : in a letter to his worthy friend, Mr. George Larkin, Senior : to which is added his letter to his wife. Dunton, John, 1659-1733. Nicholas, Jane, d. 1708. Larkin, George, Sr. [2], 10 p. Printed and are to be sold by A. Baldwin ..., London : 1700. Reproduction of original in Yale University Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. 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Divorce -- Early works to 1800. 2003-03 TCP Assigned for keying and markup 2003-05 Aptara Keyed and coded from ProQuest page images 2003-07 Jennifer Kietzman Sampled and proofread 2004-01 Aptara Rekeyed and resubmitted 2004-02 Olivia Bottum Sampled and proofread 2004-02 Olivia Bottum Text and markup reviewed and edited 2004-04 pfs Batch review (QC) and XML conversion THE CASE OF IOHN DVNTON , Citizen of London : With respect to his Mother-in-Law , Madam Iane Nicholas , Of St. ALBANS ; And her Only Child , Sarah Dunton . With the Just Reasons for her Husband 's Leaving her . In a Letter to his Worthy Friend , Mr. George Larkin , Senior . To which is Added , His Letter to His WIFE . Psal. X. 3. The Wicked — blesseth the COVETOVS , whom the Lord abhorreth . Eccles. V. 13 , 14. There is a SORE EVIL which I have seen under the Sun , namely , Riches kept by the Owners thereof to their hurt : But those Riches perish by evil Travel . Luke XII . 15. Take heed and beware of COVETOVSNESS . LONDON Printed , and are to be sold by A. Baldwin , near the Oxford Arms in Warwick-Lane . MDCC . Price Three Pence . The CASE of Iohn Dunton Citizen of London : In a Letter to Mr. George Larkin , Senior . My very good Friend , I Receiv'd your obliging Letter , which I had answer'd much sooner , had I not been prevented by a Second Fit of Sickness , which I was in hopes would have been my last ; and as it had brought me even to the Door of Death , would have also let me into Eternity ; and thereby have prevented me from disclosing what I cou'd wish might remain Buried ( as it has done hitherto ) in Eternal Silence . — But since the good Providence of GOD has thought fit to bring me back from the Grave , I thought my self oblig'd to return you an Answer to your Letter . I cannot blame you for wondering at my Long Absence from my own House , which methinks even to Me appears so strange , that had I not those Reasons for it that I have hitherto conceal'd from all the World ( and which I am sure are Iustifiable in the sight of GOD and Man ) I shou'd not know how to answer it to my self . — But your kind Advice to me , To hasten my Return Home , ( which I look upon as an Effect of our Old Friendship ) has at last prevail'd with me to disclose to you what I always resolv'd to have lock'd up in the silent Closet of my own grieved and afflicted Heart . You will not wonder at what I have already writ , when I shall tell you , I must unavoidably reflect upon the great Unkindness of my Honoured Mother-in-Law and my Dear Wife , of whose Reputation both in England and Ireland , your Self are a Witness how very tender I have been : And I had some hopes that what Praises I gave 'em in the Dublin-Scuffle , would have Engag'd 'em Both to have been as kind as I there Represent ' em . But I was mistaken , for they were not to be flatter'd into Kindness . But tho' my Praises were all lost , yet I still hop'd ( for a Drowning Man will catch at any thing ) that the Essay I writ on knowing our Friends in Heaven , ( being more Satyrical ) wou'd have made 'em Generous ; and the rather ( for so I was told ) as my Reverend Neighbour came on purpose to desire 'em not to starve themselves , but rather as they had a Plentiful Fortune , to make some use on 't : And I think this was good Advice , for who 'd starve himself to inrich his Heir ? ( 'T is no Abuse to the good Creatures of God , moderately to enjoy them . ) Sir , You may remember I gave you one of these Essays in Ireland , but I told you nothing of what I design'd by it : Here in Dark Hints , that no body can understand but themselves ( that so I might preserve their Reputation , and shew 'em their Error at the same time ) is a History of the Furious Treatment a ( or Honey-Moon , it being so soon after our Marriage ) that I receiv'd from 'em , from the Second Day I was Marry'd , to the time I Embark'd for Ireland . And had you seen in what manner they began their Reign ( which was too Arbitrary to last any long time ) you 'd think me very obliging to condescend to a Reconciliation . But seeing none cou'd understand that Essay but themselves , I do intend ( if they tye up my Hands from doing Iustice , or Print any false Stories ) to write a Narrative of this March , from the time Madam Nicholas ( my Pious Mother-in-Law ) invited me by Letter b to court her Daughter , to the time their Raving Carriage frighted me to Ireland ; in which shall be inserted the Messages that were sent upon that occasion , and the PRIVATE LETTERS that afterwards past between the Mother and the Daughter ; with a Diary of their Quarrels at my House , which was now chang'd from a Family of Love , to a meer Billingsgate . And this attested by TWO PERSONS that then liv'd in my Family . And ( my Friend ) did you but know ( as all that came to my House observ'd ) in what a Hell I liv'd , for the Four First Months after I was Marry'd , you 'd rather Incourage , than Disswade me , from Writing of this Narrative . For , Mr , Larkin , I tell it you as a Secret , ( tho' I shou'd and will be Master of my own House ) their Furious and Cavetous Treatment has frighted away all my Friends from the Raven , except Two , that come out of Curiosity to see 'em , that they may more sensibly lament my Case ; which you will think doleful , when I tell you , That I am so very VXORIOUS , ( as appears by my living with my First c Wife , 15 years , without hearing or giving one Angry Word ) that had Mother or Daughter but One Obliging Quality , I cou'd yet doat upon ' em . But so it is , my Friend , ( my Two Sicknesses this year hindring me in the disposing of my Remaining Stock ) things are now come to that Upshot , that I must lay my self under the Imputation of a very Vnkind Husband , or else make it appear that my Wife and Mother are very Vnkind to Me. And yet to Expose those for whom I have so Tender a Love , tho' it be only to your self ( in whose Brest I am satisfied I may lock up these Secrets without fear of Discovery ) is that which I know not how to do , without a very great Reluctancy : And yet without my Wife and Mother will be willing to Accommodate things better than at present I have any grounds to hope , what I now only impart to your self , I am afraid I must ere long be forc'd to declare to the whole World in my Iust Vindication . But that I may leave you no longer in the dark , as to the Cause of my Present Retirement — You must know , my Friend , That my being Bound for my First Wive's Sister 's Husband , and Five hundred Pounds loss at Sea , in a Ship that was Cast away ; some hundred Pounds Loss in Printing a large Folio , two thick Volumes of the Edicts of Nants , — and the long and chargeable Sickness of my First Wife , together with the Charges of her Funeral ( for I thought it my Duty to shew a great deal of Love to a Wife that despis'd the World , when it stood in Competition with my Esteem ) had run me considerably into Debt ; which notwithstanding by my own Punctual Payments , and the Prudent Silence of my first Wife , in altogether concealing my taking up Money upon my own Estate , was wholly hid from the World ; so that my Reputation receiv'd no Diminution — Upon this , when I was to be married to my present Wife , I nakedly told my Mother-in-Law that I was 1300 l. in Debt by these fore-mentioned Losses , ( for I had no reason to conceal 'em , having gain'd very considerably in Trade till these happen'd ) I also told her that with my Wife's Portion I design'd to clear my own Estate , whch I also did , and Joyntur'd my Wife therein . Sir , The Fortune that my Mother offer'd me down , was a Thousand Pounds ; but besides that , I insisted on 500 l. more , to pay off my other Debts , and to carry on my Trade : And who cou'd have thought but I shou'd have obtain'd it , my Wife being the only Child of her Mother ? But having , as I said , clear'd my Own Estate , ( which is worth 2000 l. besides the Two Reversions , which in time may be 1800 l. added to it ) and Joyntur'd my Wife therein , I drew up the State of my Case , with respect to my other Debts , and presented it to my Mother , who ( to my great amazement ) was so far from Answering my desires , that she refus'd so much as to read the Paper I drew up ; which was a thing so very Unkind ( I was about to say Barbarous ) that had a Turk presented me his Case , I wou'd have Read it , tho' I had never Answer'd it . When my hopes were thus frustrated with respect to my Mother , I then told the matter to my Wife , and desir'd her to tell her Mother of the Necessity I was under of having 300 l. which she did ; but at the same time said , She 'd Starve before she 'd part with her Ioynture , which yet I never ask'd her to do . — And can you think now I have not Reason to absent my self from my Home , since I cann't go thither with Safety ? You write me word indeed , That my Wife speaks of me with very much Tenderness and Affection ; which I am very apt to believe , for she tells me in her last Letter , Let Business succeed as it please , she does not value that , so that she cou'd but see me at home ; and in the next line adds , I 'm mightily concern'd for your Illness , which is the same with mine ; for you and I are one . But whilst she expresses Unkindness in her Actions , and refuses to do what lies in her Power to make me Easie , her words are but like those of whom St. Iames speaks , Iam. 2. 16. who said , 〈◊〉 warmed and filled , but gave them nothing that 〈◊〉 needful . For the Expressing of much Love , 〈◊〉 shewing None , does but aggravate the Unkindness 〈◊〉 Her Love to me therefore , notwithstanding all 〈◊〉 Tender Expressions , is very questionable ; but 〈◊〉 and my Mothers Love to Money is very apparent 〈…〉 which they are so Tender , that they won't 〈◊〉 with it upon any Terms ; and had rather I 〈◊〉 lie in a Goal for not paying my just Debts , 〈◊〉 supply me with so much as will do it . And 〈◊〉 can be more Ridiculous , than her being so desirous 〈◊〉 my Coming Home , and Continuing there , when She 's the only Occasion of my Absence ? For I do assure you , Mr. Larkin , whatever my Mother and my Wife may make you believe , That if my Mother will let me take up 500 l. upon my Own Estate ; or ( which will be a greater Kindness , and sooner done ) lend me 200 l. and be bound her self for 300 l. more , that so I may pay my Debts and be made Easie , ( which is all I ever desir'd ) I will both immediately come Home , and also continue there , and Absent my self no more . But at present Cohabitation is no ways proper ; for I have such an Abhorrence of any thing that looks Unjust , tho' 't were but in the least Trifle , that I think 't is a Great Sin ( if I am mistaken , I ask Pardon ) for any Man so much as to Try for an Heir that might probably Dispossess any one of a Iust Debt , tho' 't were but of Two Farthings — But being Ambitious to be a Father , if either my Mother or Wife will contribute to my being so upon Honourable Terms , I will believe and say as much of the Reality of their Kindness , as I now do to the contrary ; and will esteem such a Reconciliation the happiest day I ever yet met withal . But if they will rather chuse to expose my Reputation ( which I have kept hitherto Vnblemish'd ) than to comply with those Reasonable Terms I have mention'd , it is evident their Hearts and their Tongues don't go together : For the World knows well enough that my Mother has a FAIR ESTATE , and that my Wife is her only Child ; and to whom upon our Marriage she promis'd to leave it ; which Promise was made as a Motive to make Me consent to the Match : And since upon that Promise I marry'd her Daughter , and Joyntur'd her in a clear Estate of 2000 l. besides the Reversions ; that she shou'd now suffer my Reputation to be slurr'd ( as 't is like to be ) for want of 300 l. is what I believe your Self cou'd never have thought , had it not been told you . But I know well enough they have their OBJECTIONS , with which they satisfie themselves , and I shoul'd not deal fairly by them ( as I always have , and always will do ) should I not inform you what they are . They will say , That if they shou'd do this , there will be no end of it ; for I shall quickly run my self as far in Debt again by Printing ( being what I so much delight in . ) But to obviate this , I answer , That I desire but 500 l. in all , of which I shall use 375 to clear the Bonds , and what I owe in Trade , and then there will be a well-furnish'd House , a clear Stock , a good Estate in Land , and 125 l. in Money to Trade withal ; and that I may not be tempted to exceed those Bounds , I have resolved never to exceed 50 l. at once either in Printers or Stationers Debts . And if by Trading I shall happen to run that out , I will give over Trading , and live on what I have ; which in Conjunction with my MOTHER's PROMISE , d is more by 6000 l. than ever we are likely to spend , having neither Child nor Chick . They may also object , That tho' I have Ioyntur'd my Wife in my Estate , yet I still keep the Writings in my own hand , and will not let them have them . To this I Answer , 'T is true , I do so ; but the Reason is , Because whilst I see they have no regard either to my Ease or Reputation , by enabling me to pay my just Debts , I cann't look upon 'em as my Friends , and upon that account have kept my Writings from 'em [ and they are now in the hands of an Eminent Citizen . ] But if they will Answer my Expectation , with respect to the Particulars above mention'd , I will , if my Mother desires it , put all my Writings into her hands , which at once takes off that Objection . Perhaps they 'll also say , That I have receiv'd Money from Ireland , for my Venture thither , that might have paid my Debts without their help . To this I Answer , The several Debts I contracted for Paper and Printing since my second Marriage — The Moneys which I paid that I took up upon Bond , to furnish out my Venture for Ireland ; The Charges I was at in Ireland , for the King's Customs , Binders , Printers , five Servants , and the Sale , was about 440 l. The great quantity of Money I lost in Ireland , through the Dishonesty of some I trusted ; The great Losses I have had in several Books I have Printed since my Return for England ; The Sums I have paid for New Copies , of which Sir William Temple's Letters is one , and the Whole Duty of Man in Verse , is another , &c. My Dear Friend , These several Payments and Disappointments , together with the vast Charges I have been at , in defraying Two Fits of Sickness this Summer [ for had I neglected my self , I had perish'd , my Wife nor Mother never sending once to know if I wanted any thing in my Two Sicknesses ] have ingross'd all the Moneys I receiv'd in Ireland , except a small Sum remaining for my present Support ; and I cann't see , as I told my Wife , why these Disappointments shou'd Diminish her Love , for they Increase mine . — However , 'T was by Reason of these Disappointments , that I never paid off the Bonds I had told 'em of , nor gave 'em any Account of my Irish-Venture : For seeing my Mother and Wife so unkindly refus'd to Assist me , ( chusing rather to venture my Life on the Irish-Seas , tho' I was but newly Marry'd ) I thought they shew'd a very Selfish Temper , so Industriously to enquire about what I had receiv'd , but no ways to concern themselves about what I wanted : And , which adds to their Unkindness , ( if they don't permit me to do Iustice ) I had several Proposals made of a Thousand Pounds [ without 〈…〉 rejected for the sake of my Present Wife . Shou'd I have any Debates with 'em upon this Subject , it wou'd run us into New Quarrels , and therefore I Resolve [ for my own Quiet ] to forget all their Provocations ; and sure I am , Ill Husbandry [ for Losses in Trade cann't be so Accounted ] can be no excuse for their being Unkind ; perhaps a Drunken Swearing Husband might have frighted 'em to a Complyance ; but I do averr , I was never disorder'd with Drinking in my whole Life ; and Challenge all the Servants that have liv'd with me , to prove one single instance to the contrary : — Nay , Mr. Larkin , I appeal even to you , whether ever you saw any thing in all the time that you have been acquainted with me [ which is 20 years ] that look'd like Extravagance ? Nay , I 'm sure , you have rather thought me too Covetous , but it was because you knew not where the Shoo pinch'd me ; and had I not met with these Disappointments in Trade , I intended not to have troubled them : And yet why shou'd this be thought such a Trouble ? You know I was bound for a Thousand Pound for my first Wive's Sisters Husband [ at my Wife's desire ] and forc'd to pay a great part of it , and yet never lov'd my Wife the worse , nor once upbraided her with it , as she declar'd upon her Death-Bed . My Wife and Mother have now such an Opportunity to oblige me as may never fall out again ; but I desire they 'd remember that the 500 l. I am asking for , is not Money Given , but only Lent Me , and that upon my Own Estate , in which my Wife , [ a very sickly Woman ] has no further Interest than her bare Life : But tho my Dear has no more than her Life in my Estate , yet her free and generous granting my present Request , will be so gratefully taken by me , that I shall make it the Business of my whole Life to study to Requite it . — I say , Provided it be done Freely , and without Reflections . There is indeed a way of doing Kindnesses that takes away the Kindness of the thing done ; but when I see a Kindness is done Kindly , there 's nothing can oblige me more — Nor will the Kindness be more to me than to my DEAR SPOUSE ; for , a Wife shines by her Husbands Honour , but must be darkened if he suffer an Ecclipse . — If she believed this , she 'd be forward to grant my Request ; but whether she does or no , I look upon it an indispensible Duty to pay my Just Debts , and cann't die with a good Conscience till it be done ; and wou'd no more have put my self out of a Capacity of doing it , than I wou'd have Eaten Fire , had I not thought I shou'd have had that Money from my Mother which would have inabled me to do it . And do you Judge whether I had not Reason to think so , for when her Attorney , whom I mentioned before , ask'd her before our Marriage to lend me 300 l. she did not say she would not , which made him tell me , he did not doubt but she wou'd lend it . I say , looking upon the Payment of my just Debts , as I do , to be an Indispensible Duty , if both my Wife and Mother refuse to assist me in it , I must Endeavour to raise it from my Estate by Cutting down the Timber , there being several Acres of Wood upon it , which being sold , I doubt not will raise me a considerable Sum. 'T is true , I am very loth to do this , because it will disgrace the Estate ; but seeing they first expose my Reputation , why should I be solicitous about it ? And I have no ways left to help my self , but either this , or else the Selling the Reversion of it after my Wives Life : And for my self , I am no ways solicitous ; for , I' d rather Beg , than not pay my Debts . This , and our Living from each other , will be the unhappy Consequences of their Refusing to assist me : When on the contrary , shou'd they comply with my Desires , we might live happily together , and the Estate kept Free and Undisfigured . Besides , if Providence shou'd take me hence before her , I shou'd think I cou'd not do better than to leave all to her , who was willing to part with all to serve me , and make me Easie. But if they do not agree to these Terms , instead of Marrying a Wife of a Fortune , [ as many a man has done , whose Estate is not worth so many Pence as mine is worth Hundreds ] I have fairly married my own Ruine , and must have the Scandal of Owing ( I won't say Breaking for ) 300 l. tho my own Estate with the Reversions , is worth ten times more , besides her MOTHERS PROMISE of giving me Sampsil , ( which is a Noble Estate it self ) and the several hundreds she Dyed Possess'd of , which I am so far from desiring , that wou'd she but make me easie , there 's not a Person in the World wou'd more heartily desire her Life than my self . But the Whole Duty of Man tells us , that A Promise is a Debt , and I thought I might depend upon it , ( and therefore refus'd a Note she offer'd to secure Sampsil to me and my Wife , in Case she Marry'd her self ) when made to influence such a Solemn thing , as a Marriage . Neither do I doubt , at her Death , the Performance of the Marriage Promise , tho she shou'd think good , to make me a Vagabond in the mean time . But though at present I labour under the Misfortune of being forc'd to ask a Favour at their hands [ I word it so , for were it in my Power , and I saw them so pinch'd as I am , I shou'd voluntarily propose doing that which I am forc'd to intreat for , and perhaps in vain . ] Yet my Comfort is , the Printing of this Letter will let the World ( and my Few Creditors ) see that I wou'd be Honest , if my Mother , or Wife either , had so much Love for me as to let me ; and therefore all the Injuries others suffer by me , will lie at their Doors ; which will be a greater Clog upon their Consciences than they 'll be able to bear ; and therefore I hope they 'll consider that Covetousness [ especially in a Husband or Wife ] is a more provoking Sin than is generally thought ; for how often have SMITHFIELD-BARGAINS been made , to add Land to Land , not Love to Love ; and to unite Houses to Houses , not Hearts to Hearts ; which hath been the Occasion that Men have turn'd Monsters , and Women Devils . Thus have I fairly represented my Whole Case , with respect to my Honoured Mother and my Dear Wife . I shall not need to desire you to keep it private , having told it as a Secret [ unless you shall think it proper to shew it to my Wife and Mother ] for I would not it should be made Publick whilst there remains any hopes of an Accommodation ; and therefore to question your Faithfulness herein , wou'd look like a Reflection upon you ; or rather upon my self , in communicating a Secret of this Importance to one that I thought coudn't keep it . But I have no such thoughts , only having been thus free with you , let me beg your Advice herein . — I cannot think but with Extream Trouble , of doing any thing that may Expose my Dear Wife and Mother , whom [ upon their Compliance with my Just Desires ] I cou'd Embrace in the Arms of a Sincere and Vnfeigned Affection , and bury all that has hitherto look'd like Vnkindness , in the Grave of Eternal Oblivion . But since Self-Preservation is the Great Fundamental Principle and Law of Nature , if they refuse to comply with me herein , and go about through their inordinate Love of Money , to Banish me from my own Home , and Expose my Reputation to the World ; I shall then be under a Necessity of Exposing them to the World in their proper Colours , being furnish'd [ as I hinted before ] with Materials for that Purpose , but they shall never be Publish'd , if I can but meet with that Compliance from my Wife , which both the Law of God and Man has made her Duty . These things , I think to lay before my Wife and her Mother , but wou'd willingly have your Thoughts about it first , which I shall very much depend upon , as being one whom I always found my Faithful Friend : Pray be not long in sending me your Best Advice , for at present my Mind is very much disorder'd , and the Disorder of my Mind , has ' twice this Summer , like to have prov'd fatal to my Body . I am glad to hear your good Wife is come safe to London , and shall be glader to see her there , when my Circumstance will permit me . I have only to add , That my very Bowels Yearn towards my Dear Wife ; and if you can direct me how to 〈…〉 as my De●res , with Respect to the 〈…〉 Debts , may be Answer'd , and a good Agreement with Her and her Mother Effected , whereby we may live in that Vnity , Love and Concord , which might make us happy both here and hereafter , you will Eternally Oblige Your Truly Loving Friend , John Dunton . Decem. 8. 1699 Reflections upon the Carriage of my Wife and Mother , after they had seen the Fore-going LETTER . THe foregoing Letter I writ to Mr. Larkin , in Answer to one of his to me , who after he had read it [ unknown to me ] went with it to my Wife and Mother ; who both refus'd to Comply with my just Desires , either of Suffering me to take up 500 l. upon my own Estate , or to lend me such a Sum out of her own heaps ; tho besides shewing my Letter , he us'd several Pathetical Arguments to incite them to it , but all in Vain . On the 9th Instant coming to London , I sent for Mr. Larkin , who acquainted me , That [ hoping to serve me thereby ] he had shew'd my Letter to my Mother and Wife , and that they had heard it through , but without any success ; which he admired at , seeing , as he express'd it , There were Arguments enough in it , if not to melt a Stone , yet at least to carry a Cause where a Wife , that was continually saying , She had been Miserable had she Married any Man but Dunton , a was the sole Iudge . And certainly unless they have seared Consciences , which I am apt to fear , by their unnatural Carriage , and something I conceal till I am further Provok'd they 'll one day think it their Duty to Answer my Reasonable Request , and to move for a Reconciliation : And to encourage 'em to it , I here declare ( tho they have had no regard to my Reputation ) I am yet ready to forgive 'em , tho I find it the hardest Task o Life ; For by reason of their Covetousness , they have Banish'd me from a House that I thought a Paralise ▪ and what has cost me several Hundred Pounds , will now be sold for a Trifle . Then let the World judge , considering what Fair Offers I made 'em , whether I had not reason to be Mov'd ; especially since my Wife told me at parting , She 'd Burn rather than Assist me . Yet for all this Matchless Provocation , when-ever my Wife casts a Longing Look towards her Husband , and asks Pardon for Loving the World more than him , I shall leap to see the returning Prodigal , and run to meet her with open Arms. And if I may hope for this Reconciliation from the Consideration of their Covetous Tempers , I have all the Reason in the World to expect it ; for I shall next prove they were fully satisfied with my Estate . And this is Evident by the Letter sent to my Mother-in-Law , by her own Attorney , which is this following — viz. Madam , I Received Yours , and am now to tell You , I cou'd not have an Answer from Chesham , till last Monday ; but now I have an Account of Mr. Dunton's Estate , according to his own Particulars . Which is all at present from Your Servant , I. R. So much for my Estate in Land. — As to my Stock , she said she did not so much concern her self about that , as my Land ; and indeed I don't know why she shou'd ; for my Land ( which her Friend declares was what I related ) was a sufficient Ioynture for her Thousand Pound . However , as I had satisfy'd her about my Land , so I was willing to give her the best Account I cou'd of my Stock ; and accordingly I told her my Copies and Books I had Printed , had cost me 2000 l. and if I added Three , 't was no more than was True , ( I having Printed many Hundred Books ) But tho my Stock was thus Bulky , as is sufficiently seen by my Irish-Venture , and the remaining Stock which I left behind , yet withal I told her I cou'd not say , if my Stock was forc'd to be Sold , that it wou'd yield me 400 l. for in such Cases ( as was seen in the Fate of my Remaining Stock ) Books sell little more than for waste Paper . However , That part of my Stock I sent to Dublin , yielded 400 l. and a great deal more , as Mr. Larkin knows , that was present at the Sale : So that my Land was as much , and my Stock better , than I represented it . — But I cann't help Losses and Disappointments in Trade , and wou'd be easie under them ; For not being able to Govern Events , I Endeavour to Govern my self . — Neither dare I rail at Providence , as they do , who abuse their Friends for not being Successful . A Word to those Gentlemen to whom I 'm Engag'd . I Shall next in a particular manner addresse my self to those Gentlemen to whom I 'm Oblig'd , and upon whose Patience ( by reason of a Covetous Mother and Vnkind Wife ) I am forc't to Trespass a little , which , Next to the Unkindness of my Wife , is the only thing in the World that Troubles me . — I have ever had a great Aversion to be in Debt , in small as well as in greater matters ; and for that reason have often paid a Debt twice over , for fear I had not paid it once ; but that which I so much dreaded , is now come upon me ; For tho I respect my Wife and Mother as much , or , were it possible , more than they love the World , yet you see , Gentlemen , by my Letter to Mr. Larkin , that their Caresses before Marriage are all forgot , and that the Tears of a Husband have no Rhetorick in 'em , where Money is the thing desir'd . 'T is true , they have a FAIR ESTATE , but ha'nt the Soul to do good with it either to themselves or others . But 't is no more than what Solomrn tells us , Eccles. 5. 13 , 14. There is ( says he ) a sore Evi . which I have seen under the Sun , namely , Riches kept for the Owners thereof to their hurt — But those Riches perish by Evil Travel . For my own part , I can truly say , I have found more Pleasure in dividing a small Fortune with my Friends , than in Hoarding up , or Enjoying the greatest Treasures without them . The greatest Benefit that we can receive from Riches , is , their inabling us in our LIFE TIME to do more good than those that have less ; and therefore as I never waited for DEAD-MENS-SHOES , f so I hope mine are as little desir'd ; which did the Miser consider , he 'd grow more Generous than he is now Sneaking ; or at least so kind as not to starve himself . I cann't say my Wife or Mother have starv'd themselves , ( for I found 'em alive when I came home ) and to do 'em Justice , They Never Fight ; but 't is evident by my Mothers denying my small Request , that she loves nothing but her Money : Her FIRST SON-IN-LAW ( a Person of Great Worth ) found her of this Temper ( to his Great Disappointment ) and I cou'd say something of HER CARRIAGE TO HER HUSBAND , &c. But here 's enough to convince the world ( more especially my Neighbours in Iewen-street ) how falsly she represented my Last Farewel ; and her Barbarous Treatment appears in nothing so much , as in her aggravating those Heats at parting , of which ( as I can prove by several Witnesses ) She and her Daughter were the Sole Occasion . It cou'd not satisfie e'm to be the Cause of my Ruine , ( for is'nt it plain , when they cou'd so easily Prevent it , and wou'd not ? ) but they must afterwards murther my Reputation . This is such a Barbarous thing for a Wife to be guilty of , that I never heard any thing like it . — And it appears yet the more unkind , as I 'm told yesterday of a young Lady that ( of her own accord ) sold her Iewels , Watch , Rings , ( instead of Raving that her Husband had got 'em ) to pay off his Just Debts . But tho I have nothing to boast of , of this kind , yet my comfort is , ALL I owe in the World , is now brought into the Narrow Compass of 250 l. For being obliged in Conscience to secure to a near Relation 150 l. ( as 't was the greatest part of her Maintenance ) I have by the said Security paid all I owe , to the Sum of 250 l. and that 's owing to Persons that are so far from blaming what I ve done , that they are amaz'd ( as every body was that knew 'em ) how I cou'd live with 'em so long . Three of these Persons have sent me word that they are so well satisfyed of my Honest Intentions , that they 'l never Touch a Hair of my Head ; and I don't doubt but I shall meet with the like Compassion from all the rest . 'T is not long since I told a Person , that sued to me for Pity , that I 'd Sign his Liberty with as many Hands ( if I had 'em ) as I have Hairs on my Head. Gent. I don't doubt but my Readiness to Serve others in their Distress , has been the occasion of that Generous Treatment I receive from you . However I do assure you , that the good Opinion you have of me , shall not be lost ; for that I may do you Justice , I am willing to sell even mySelf ( to the very Skin ) to Pay you : 'T is true , the Sum is so very Little , I owe now , that I 'm asham'd to think that my Wife and Mother shou'd have such a Mean Spirit as to suffer me to be Expos'd for it : But Gentlemen , I ever thought there was as much Iustice in a Penny as a Pound ; and shall be so scrupulous to pay every one to a half Farthing , with the Interest Money , ( and Interest upon Interest , if demanded ) But 〈◊〉 under a necessity to entreat your Patience till next Christmas , having two Barns to build , and such unavoidable Repairs , as will devour all my Rent , but what is necessary for my own Support ; but at Christmas ( in the year 1700 , ) I 'll clear all the Interest that shall then be due ; and if Gods Providence does not work my Deliverance before that , ( for if I Dye before that time , I 've Will'd that the Reversions shall be Sold as soon as ever I am Buried , to pays my Debts ; or if my Wife shou'd Dye , I can take up 1000 l. in a Weeks Time ) I 'll then set upon Felling my Woods to a single Twigg , and I don't doubt but they 'll pay the 250 l. or if they don't , by the Lady-Day after , I 'll Sell the Reversions of my whole Estate , or else Beg from Door to door , till such time that the Income of my Estate , by Equal Divisions , has paid my Debts ; but , Gentlemen , I do believe I 'm the only Instance in this Age , that has starv'd in the midst of Plenty . Sure no Man will be so unkind as to question the Sincerity of these Promises ; for tho I cann't do more than I here promise , yet what I promise , you may depend upon . Neither can any think I had any Dishonourable Design in making a Ioynture of my Estate ; for I shou'd have been more Fool than Knave , had I Marry'd with a design to be ruin'd for 300 l. when my bare word ( Before I fell into Misers Hands ) wou'd have pass'd for 1000 l. Thus , Gentlemen , have I laid before you my Whole Case . And seeing my Ruine is , of the two , a more Melancholy thing , than the Delay of your Moneys for a few Months , I hope you 'll send me word g ( for , 't is all that 's left to comfort me ) That you are fully satisfy'd with what I 've promis'd . And as to my Wife , tho she has turn'd me over to the mercy of Strangers ( which , without Repentance , will bring a Curse upon her whole Estate ) yet I still have a Tenderness for her , and think it my Duty , tho her Mother be worth Thousands , to take a most Particular Care that she want for nothing ; and in order to it , I told her Mother , before Mr. Larkinn and several Others , That l'd pay her for her Board in the Country , as she had paid me in the City , which was Four Shillings a Week for Meat , Drink , Washing , and Lodging ; and I further told her , when I was settled , which I hope will be by next Midsummer , that I 'd send for her . And tho she has said before Mr. Larkin and others , She 'd not come ; yet I 'll try her again , and I give this Publick Notice of it , that she may have no Pretence to be out of the way , but may leave word with Mr. Blackstone in Bull-Head-Cour't in Iewen street , where I may send to her ; for seeing she might have liv'd with me in Splendor and Reputation , and wou'd not , I shall prove it her Duty to live with me in Adversity ▪ Or if she refuses to come to me , I shall Print such an Advertisement as Mr Godfrey Lee did in the Flying Post , about his Wive's Elopement . Gentlemen , I did all I cou'd to prevent things coming to this Extremity : And therefore , tho my Wife and Mother had return'd a very Provoking Answer to that Letter I sent Mr. Larkin , yet being resolved to try my Wife's Kindness a little further , I writ the following Letter to her ; and because Mr. Larkin was only ( as yet ) acquainted with our Affairs , and shew'd my Wife the Letter I sent to him , I desir'd him to give himself the trouble of being the Bearer of this also ; To which he readily consented . My Letter to my WIFE . MY DEAR ! I Came to Town last Night , and sent for my Friend Mr. Larkin about Ten at Night ; who told me he had been with you and my Mother , and had shew'd you my Letter to him , wherein I gave him a true state of my Case ; and tho' it was what I did not design he shou'd have done , yet having done it , he has thereby sav'd me the Labour , and can justifie to the World , That my Mother has Refus'd to lend me any Assistance to Enable me to be honest , or to make me Easie ; and that she Values me , and you so little , that rather than let me take up 500 l. upon my Own Estate , or lend me so much of hers , she will suffer my Reputation , and yours too ( for to use your own Words , You and I are One ) to be Expos'd to the World ; which when once done , is a Dammage she 'll scarce be able to repair : However I can Iustifie my self in all that I have done ; and resolve to be as honest as I can , till I can be so honest as I wou'd : In order to which I will Print my CASE with all convenient speed , and let the World see that all those Allegations under which she wou'd cover her self , are but like so many Cobwebs , which the Beesom of Truth will quickly sweep away : And I am sorry that in this Vnkindness of my Mother , you shou'd take part with her against me , that is , against your self ; For a Husband ought to be nearer and dearer than a Mother ; and had you esteem'd me so , and dealt as such by me , I had had no need to trouble my Mother : As to what you make your Excuse , That then your Mother would have given you nothing , if you can believe she wou'd have been so UNNATURAL , yet it can be no Excuse , except such a one as the Apostle Condemns , which is a doing Evil that Good may come of it . Then , Prethee , my Dear , Let my Mother Act as she pleases , let not thee and I ( who are both extraordinary Crazy , and can live but a few Years ) make such a poor use of the World as to Hugg and Embrace it . Besides , if you don't Consent to the making me easie , how can I think your Love is what you pretend ? Your shewing so much Love to the World , is neither pleasing to God nor Man ; and consider ( for you pretend to Religion ) how t will rejoyce our Enemies , to see us Quarrel with our very Blessings , and to make even Happiness it self to Disappoint us . — You know , my Dear , Madam C — y Sold her Estate un-aks'd , to oblige her Spouse ; and indeed the Design of Ioyntures is to defend against bad Husbands , and not to Ruin those that are kind , and wou'd be honest , if their Wives wou'd let ' em . I knew a Wife that wou'd often say , What does a Joynture signifie to a Woman that loves her Husband ? When Man and Wife love so little , that the one is unconcerned in the others Afflictions , there generally follows a Blast upon all they undertake . My Dear , All our Distresses of Body and Mind shou'd be so Equally Divided , h that all yours shou'd be mine , and all mine shou'd be yours : Mr. Rochford Marry'd us for better for worse , for Richer for Poorer ; and [ as you well observe ] We are One Flesh ; and therefore shou'd be no more offended with the Words , or Failings and Wants of each other , than we wou'd be had they been our own . For my own share , I solemnly declare , Were you seiz'd with a Fit of Sickness that requir'd the Advice of the whole Colledge of Physicians , and all the Physick in the Apothecaries Shops , I 'd sell my Estate to procure it . And why shou'd you doubt it ? For did I not spend near 100 l. [ tho I had but a thousand with you ] in 〈◊〉 related to my Courtship , and your coming home ? So 〈◊〉 I cann't imagine what your Mother means by the mighty Presents she talks of ; For I don't think all that she ever gave us [ besides the Thousand Pound ] ever amounted to Ten Pounds : For as to the 40 l. she paid for your Admittance to my Copyhold-Land , 't was no Service to me , as I then told her , but Money purely flung in the dirt ; for I was Admitted before I knew her , So that I had but a Thousand Pound , tho she boasts of more ; and that Thousand is a dear Purchase , if my Ruine must pay for 't . All that I shall add , is , That you must not blame me for what Methods I shall take : For 't will look very Ridiculous for you [ or your Mother either ] to blame me for that which you can prevent , but won't . And what-ever you may think of the matter , I cann't see that my Love to you will acquit me from being Iust to those 〈◊〉 whom I am Indebted . I have thought fit to send these Lines by Mr. Larkin , as well to perswade you to what is both your Duty and Interest , as to acquaint you that I will be with you my self by and by , to make the Last Offers ; that so , if possible , Things may be Accommodated before it be too late : For if my Reputation be once Publickly Expos'd , it wll be to no purpose to talk of Terms . Which is all , till I see you , from him who resolves [ in spite of all your Unkindness ] to continue Your most Affectionate Husband till Death , IOHN DVNTON . Dec. 10. 1699. My Wife upon reading of this Letter , shew'd her self as inexorable as her Mother , telling Mr. Larkin [ as she did me afterwards ] That her Mother made her swear , before she was Married , that she wou'd never suffer her Husband to take up a Penny upon her Ioynture , in case of the greatest Necessity ; and threatning that if she did , she wou'd never leave her a Farthing of what she had . The CONCLVSION . MY Letters meeting with no Success , either from Mother or Daughter , I was then resolved to go my self , which accordingly I did : For tho my Letters were sent in vain , yet I did not know but by going in PERSON I might move Compassion , if not in my Mother , yet at least in my Wife , who in several Letters had so passionately desir'd to see me ; yet still my Fears were more than my Hopes ; for I knew how their Hearts were GLV'D to the World , and therefore cou'd not expect to see much Affection , or that Tenderness which ought to be between a Man and his Wife : So that methoughts I went to my own House ( whither , some years ago , I went with such Pleasure and Delight , as being sure to be receiv'd with a thousand Welcomes ) just like a man going to his Execution ; and so it accordingly happen'd , for when I came to my House , whither I was accompany'd by several Friends , which render'd my Farwel the more dismal ) I found both Mother and Daughter in the same Mind Mr. Larkin had done before ▪ my Mother declaring to those Persons then present , That she wou'd be pull'd Limb frem Limb , before she wou'd lend a Farthing , or suffer me to take up a Penny upon my Estate ; my Wife at the same time declaring , SHE WOV'D BE BVRN'D BEFORE SHE 'D LET ME ; which I confess put me into a Great Passion , for I am but Flesh and Blood , and tho I can bear long , cann't bear always : So that now , for about Five Hours ( which I cou'd ne'er say before , since my Second Marriage ) I was Sole Master of my own House . Having staid with 'em about five Hours , and heard a great deal of Raving , I was so sick on 't , that I cou'd stay no longer : So I took my leave ( for that Night ) in the following words : Mother , 'T is now but a few hours before my Reputation will be Slurr'd ; which seeing neither you nor my Wise will prevent , I have only to add , I pray God bless you Both ; and so ( with thanking you for my Ruine ) bid you Farwel ; not doubting but the GOD of my Life , who knows the Sincerity of my Heart , and Designs , to pay my Debts , and in all things to keep a Conscience void of offence towards GOD and Man , will notwithstanding all your Vnkindness , inable me to accomplish what I so earnestly desire . After uttering these Words , to shew I was in Charity with them , I Saluted 'em both , and gave 'em a Second Farwel ; and at parting I told my Mother the Story of Midas , who ( as the Poets feign ) starv'd in the midst of Plenty : And so Mother ( said I ) do you deal with me . And with those words , I took leave of both Wife and Mother ; and then bid Farwel to the Black Raven , the most Pleasant House that I ever dwelt in . I know some that can creep for Interest , will blame me for Publishing This CASE ; Say they , Who wou'd lose such a Fair Estate at the Mannor of Sampsil , for want of a little Submission ? To this I answer , A Man may bear till his heart breaks ; and having us'd all the gentle Methods I cou'd think of , to no purpose , the Publishing of This Case is the only way I have left to Reform ' em . Besides , I think it my Duty to prefer a Quiet Life , and the doing of Justice , to the Fine Mannor of Sampsil ; for I can be happy without Sampsil , but I shou'd never be so , shou'd I prove dishonest . — But say I had a Mind to Sampsil , I 'm sure to Publish this Case , is the only way to insure it ; for when my Mother reads it , ( wherein I have conceal'd abundance of things relating to her ) she 'll find that Sampsil , and her Vseless Heaps , won't be able to repair that Damage I now suffer by her Matchless Cruelty . — Besides , I 've prov'd already , that A PROMISE IS A DEBT , and she having promis'd me Sampsil , in a solemn manner , I cann't see how she shou'd dye with a Safe Conscience , 〈…〉 me of , it ▪ So that I have no fear of 〈◊〉 of Sampsil , ( and for the Houses at St. Albans , they were given to my Wife after her Mothers Death ) who knows she may with as much reason make bold with a Disgust to Protest paying a due Debt , to any Person that does not humour or please her , as not perform an Absolute Promise ; and Conscience must needs tell them so that make it . 'T is very Ridiculous , after a Promise is past , to bring in Conditions . I might be Endless upon this Subject ; but , as Cowley says , I am almost choak'd with the Super-abundance of the matter : Too much Plenty impoverishes me , as it does them . So that I have the same Reasons , or greater , to expect Sampsil , as ever I had . And therefore whoever blames me for Publishing of This Case , I shan't think 'em my Friends . I shall only add , There 's not a Line in this CASE but what I 'll prove , and assert with my Last Breath ; and therefore if my Mother or Wife think good to reply to it , they cann't do 't in a better time ; for they have Banish'd me from my House and Home , and where I Sojourn , I have nothing else to do but to Answer them ; but let me have the BEST CAVSE in the World , I must expect that men of a Narrow Soul will be raising of Lyes , and that my Enemies will triumph over me . But I bless GOD , Ill Husband●● having had no hand in my Ruine , I am yet aboue such Treatment ; for the Sun that Sets , will Rise again ; or if it don 't ▪ I have some Friends that have Souls Brave enough to know a Friend in Adversity . However , I shall now have an opportunity to know who my Friends are , which while the World Smil'd , I cou'd never discern . Or suppose the Worst , I can Write away my Melancholy Hours ; and seeing 't is far better to give some account of Time [ tho' to little Purpose ] than none at-all , I shall now enter upon Writing The Art of Living and Dying Incognito . And there , I End. To the Reverend Mr. Blackstone in Bull-Head-Court in Iewen-street . Dear Sir , THE Obligingness of Your Temper , and your being a Peace-Maker , not only by your Office , as a Minister , but by your Natural Inclination ; which , together with the good Opinion my Wife and Mother ( as well as every body else ) has of you , has prevail'd with me to desire that Favour of you , as to see if it be possible to bring 'em to a Sense of their Duty , and to a Compliance with my Reasonable Demands : In order to which , I wou'd desire you to read my Case to 'em , which I have here sent you in Print , and which will be Publish'd to Morrow . But if upon hearing it , they are willing to grant my Request , I do hereby declare to you , That upon such an Assurance , I will yet Suppress this Paper , tho Printed , and will Burn the Impression . For even Matrimonial Quarrels , provided they are heartily Forgiven , make the Marry'd Couple but love better : The Falling out of Lovers ( and such Married Folks are , or shou'd be ) is not only the Renewer ; but Increaser of Love. Or if any angry Words shou'd here after arise , I 'm for following your Advice , to let 'em no more take Air , than Fire in a Cellar ; I 'd not have 'em told so much as to her Mother , but let the Pillow alone decide ' em . And if we'd yet be happy , 't is my Advice ( so my Self , as well as to my Wife ) That we 're never Angry together : For if only one is Angry , 't is the Easier to Agree — However , in This Case , I desire we may both learn the Art of Memory , and the greater Art of Forgetfulness , and we shall not fail of being Happy still ; that is , Remember all the kind things , Forget all that 's harsh or ungrateful ; at least never Repeat 'em , which will be the best way to Forget ' em . But if they still continue Obdurate to all Advances I have made towards a Comfortable Living with my Dear Wife , I am satisfy'd that I have done my Duty , and that the Fault will lie at their Doors . And this Letter to your self will be a further Testimony against ' em . Which is all , at present , from Reverend Sir , Your most Obliged Humble Servant , John Dunton Dec. 20 1699. Notes, typically marginal, from the original text Notes for div A36897-e260 a This is own'd in two Letters sent to me in Ireland , and which I 'll Print if I see Occasion . b A Copy of which I 'll Print if they Answer this . c Read her Funeral Sermon entituled , The Character of a good Woman , and you 'll be convinc'd of the Truth of this . d As I shall prove by the Letter that was sent to me by her Order . Notes for div A36897-e3350 a As several that heard her can testify . Notes for div A36897-e4010 f As I have prov'd in An Essay upon dead-Mens-Shoes , 〈◊〉 ready for the Press . g In a Letter directed for me , to M. Kenswel's House in Little-East-cheap . h As I have largely proved in my Essay on knowing our Friends in Heaven . 
A66870	----	The case of divorce and re-marriage thereupon discussed by a reverend prelate of the Church of England and a private of the Church of England and a private gentleman ; occasioned by the late act of Parliament for the divorce of the Lord Rosse. Wolseley, Charles, Sir, 1630?-1714. 1673 Approx. 87 KB of XML-encoded text transcribed from 82 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2004-11 (EEBO-TCP Phase 1). A66870 Wing W3307 ESTC R9734 12590308 ocm 12590308 63883 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A66870) Transcribed from: (Early English Books Online ; image set 63883) Images scanned from microfilm: (Early English books, 1641-1700 ; 971:7) The case of divorce and re-marriage thereupon discussed by a reverend prelate of the Church of England and a private of the Church of England and a private gentleman ; occasioned by the late act of Parliament for the divorce of the Lord Rosse. Wolseley, Charles, Sir, 1630?-1714. [6], 155 p. Printed for Nevill Simmons ..., London : 1673. Reproduction of original in Huntington Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. 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Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Divorce -- Great Britain -- Biblical teaching. Remarriage -- Religious aspects -- Early works to 1800. 2003-12 TCP Assigned for keying and markup 2003-12 Aptara Keyed and coded from ProQuest page images 2004-09 Andrew Kuster Sampled and proofread 2004-09 Andrew Kuster Text and markup reviewed and edited 2004-10 pfs Batch review (QC) and XML conversion The CASE OF DIVORCE AND RE-MARRIAGE thereupon Discussed . By a Reverend Prelate of the Church of England and a private Gentleman . Occasioned by the late Act of Parliament for the Divorce of the Lord ROSSE . I know that Messias cometh which is called Christ , when he is come he will tell us all things , Joh. 4. 25. LONDON , Printed for Nevill Simmons at the Prince's Armes in St. Pauls Church-yard . 1673. READER , THese Papers were drawn up when the Business of the Lord Rosse was debated in Parliament , and had their rise from That transaction . The first part of them was Written by a private hand , and was occasioned by a Discourse with a learned Bishop now with God upon that Subject , and being presented to him , he returned the following Animadversions upon it , to which the Answer Here set down was Then given by the same hand . The whole is now made publick for thy information and satisfaction about this matter . Touching Divorce and Remarriage thereupon . AN incapacity for the ends of marriage , previous to it , makes a Nullity of the marriage upon a subsequent discovery of it . This needs no determination by any positive Law ; For the Law of Nature , and the reason of the thing it self gives an universal determination of it every where . By the Law of Moses , unchastity before Marriage or contraction ( if concealed ) and all unchastity after Contraction or Marriage , was to be punished with death , and no mention made in the Law of any such thing as Divorce in that Case . Moses in the 24th of Deuteronomy , gave This allowance for Divorce , vers . 1 , 2. When a man hath taken a Wife , and Marryed her , and it come to pass that she find no favour in his eyes , because he hath found some uncleanness in her : Then let him write her a Bill of Divorcement , and give it in her hand , and send her out of his house ; And when she is departed out of his house , she may go and be another mans wife ; which was but an allowance in some Cases , and in those too did rather liberare à Poena than a Vitio . We need not inquire farther why this was done : our Saviour has given us a perfect account of it ; such a permission was granted to them , because of the hardness of their hearts , and the unruly stubborn behaviour of the Jews towards their Wives in that particular . Moses , who we are to consider as a Legislator to a State , as well as a Church , suffered it to be , as the most tolerable remedy that That people were capable of , and in favour chiefly of the Women . This permission of Moses came in the practice of it to be so far extended amongst them , that whoever desired to put away his Wife , was allowed to do it without giving any reason at all , besides his own pleasure why he did it . This we may see in Mr. Selden ' s Vxor Haebraica ; and Grotius tells us , Quod Consuetudo legis interpres Nullam à marito causam dirempti Matrimonii exegerit ; and adds , Alioqui enim nou potuisset Josephus Maria clam dimittere : Potuit igitur Maritus dicere quod Romae dixit Paulus Emilius , sibi optimè notum quà calceus urgeret . This custome was in it self greatly inconvenient , and as one sayes of it , For a man , Nulla aut levissima de causa uxorem dimittere , ut Jam de primaeva dei institutione nihil dicam , vel sola charitatis lex prohibebat , sive uxorem respicias , quae veluti supplex ad Mariti Tutelam confugit , sive communes etiam liberos . Heathen Nations rarely practised any such thing , the Romans in particular , of whom an antient Author sayes , Romani , cum nulla lex repudium vetaret , annos tamen quingentos & viginti sine exemplo repudii ●gerunt : Nec quisquam fermè scriptorum , est qui non gravitèr reprehendat Marcum Tullium Ciceronem , quod levibus de causis Terentiam dimiserit . Our Saviour in the Gospel , before the Pharisees asked him any Question about this matter , ( which they did , and their Question and his answer is set down in the 19th . of Matthew , and the 10th . of Mark ) determines it in the 5th . of Matthew in his Sermon upon the Mount , there being indeed nothing wherein That people needed more Reformation than in That particular ; His words are verse the 31 ; It hath been said , whosoever shall put away his Wife , let him give her a Writing of Divorcement ; And verse the 32. But I say unto you , that whosoever shall put away his Wife , saving for the cause of Fornication , causeth her to commit Adultery and whosoever shall marry her that is Divorced , committeth Adultery . By this it is plain , that whatsoever toleration they had from Moses about putting away their Wives , and whatsoever farther liberty they took to themselves in That matter , it is totally repealed and condemned , and no cause of divorce and putting away allowed to be good , but in case of Fornication and Unchastity . There ariseth this difficulty from the consideration of our Saviour's words ; whether he he did thereby intend to institute a new Law in the Case ; or , whether he only spake Interpretatively with reference to the Law of God Then in being . Those who are inclined to think he did institute a New Law , urge it from hence , That our Saviour speaks of Fornication and Unchastity as a ground , and the only ground of Divorce , which by the Law had another punishment appointed for it , and such a one as made Divorce impossible and impracticable , for they were to be put to death that were so found guilty , and of That Law , our Saviour takes no notice ; say they , the punishment the Law appointed to be inflicted for Fornication and Adultery , and the direction our Saviour gives about it cannot consist together , the one directs Divorce , the other appoints death . I suppose our Saviour in what he Here determines about this matter ( as in many other of his determinations about other things ) speaks so , as that he gives a full satisfaction to men according to the present state of things then in being ; and also establisheth a Divine Law upon such grounds that shall last for ever in the Church . For the first , That he spake with reference to the Law Then in being , and to settle the Consciences of men , who desired to perform their duty as things Then stood , I gather from hence . First , because he spake to such who were then all of them under an obligation to the whole Mosaical Law , for so were the Jews , and Christ's own Disciples to whom he Preached . Secondly , He plainly seems all along that Chapter to comment upon the Law of Moses and Evangelize it , and to give the true and genuine meaning of it , against the corrupt and perverse interpretations of the Scribes and Pharisees ; And when he sayes , But I say unto you , he does not so much oppose himself and what he said Then , to Moses and what Moses had said Before , as to what the Scribes and Pharisees had falsly said in Moses name , and so rather vindicates the true sense and intention of the Law under his own name . And though his determinations in some things exceed the Law , yet in all things they contain the true sence and end of the Law. Thirdly , When the Scribes and Pharisees asked our Saviour in the 19th . of Matthew about this matter what lawfully might be done in it , our Saviour answers them with the very same determination , and therefore 't is plain he spake with reference to what was at that time to be accounted Legal , according to the Laws and institutions of God Then in force ; and there is nothing in what our Saviour sayes , that does any way contradict the Law of God in being , but gives a satisfaction to mens Consciences how they were to behave themselves under it . We must note this , that our Saviour is singly upon the point of Divorce and putting away , he meddles not at all with the Law about Adultery , but leaves it to its due execution ; His saying , That crime was the only lawful cause of Divorce did not prejudge it from any greater punishment due to it , he only determines about the matter of Putting away and Divorce , and he determines thus in opposition to the Jewish practice , and the first permission of Moses to them , that there is no cause at all upon which a Wife may be put away , but where the marriage-bond is dissolved , which is only in the case of Fornication and Adultery , where the Woman was Then legally dead , and ought to be put to death , if prosecuted and the fact proved , and that all putting away the Wife upon any other ground is unalawful and sinful . Now this determination of our Saviour about Divorce might be a satisfaction to men in Conscience , and a ground for them to put away their Wives for Fornication and Adultery , though the Law of God against Fornication and Adultery to punish it with death was unrepealed , and they under the obligation of it , and that in three Cases . First , The Law did not oblige the Husband to go to the Judge , and prosecute his Wife for Adultery ; Nor does our Saviour impose farther in that case then the Law did upon him , and therefore such who were Lenes mariti , as Joseph was , and had no mind to prosecute their Wives to extremity , were by this delivered from a necessity , either to live with an Adulteress , or else to prosecute her to death , and are set free in Conscience to give her Libellum repudii , and part from her . Secondly , Supposing a man could not have Justice done upon an Adulterous Wife , when he did his best in prosecution of her , ( and this was like enough to be the condition of many a man in that corrupt state of things amongst the Jews at that time , and was actually so , the execution of That Law having been for a long time forborn , and well may we ●hink it should be so , for all Capital punishment was at ●hat time taken from the Jews , and not in their power , so the Sanhedrim confess , John 18. 31. 'T is not lawful for us to put any man ●o death , ) in that case our Saviour gives free liberty for ●he Husband to divorce him●elf from her , and make use of ●hat freedom the Jews took ●f putting away . Thirdly , Supposing a man were inwardly satisfied o● his Wives unchastity , and certainly knew within himself , she were guilty of Adultery , yet had not such proof● as would make it out in a Judicial way to gain Execution of the Law agains● her in putting her to death in such a case , ( which we may easily suppose might often fall out ) our Saviour sets the mans Conscience fre● to put her away , and Divorce himself from her ; In all these cases our Saviour● allowing Divorce in case o● unchastity was of great u●● Then to settle the Consciences of men , who were obliged to the Law , and no infringement at all of the Law it self : He gives a rule to limit that exorbitant liberty men took to themselves of putting their Wives away , and tells them in what case only it may be done , which was in case of Fornication , and that might very well happen to be the Case , though the Law for punishing it with death were still in force , and so our Saviour speaks of it as 〈◊〉 〈◊〉 Then accidentally 〈◊〉 〈◊〉 Divorce and putting 〈◊〉 but no way layes any A●●●● upon the punishment the Law inflicted upon it . The truth is , our Saviour promulged such a general Law in the case , as gave a sufficient determination as things Then stood , and might satisfie mens Consciences what Then to do in the point of Divorce , and was to be also a Rule to the Church about that matter to all future Ages . That our Saviour intended it so , is very evident from those general grounds upon which it is established , and all the circumstances that attend it ▪ Nor is there one word in that whole Chapter but is of that nature , 't is Evangelical as well as Legal , and looks forward to the Gospel-Church to come , as well as it contains a direction to the present Church of the Jews ; Whereever throughout that Chapter our Saviour speaks of any Law in force amongst the Jews , even of the Judicial Laws , he induceth by his determinations about them that Equity that was moral and perpetual in them , and to last for ever in the Church . It seems also necessary there should be some direction left by our Saviour in this point , or else the Church under the Go●pel would have been wholly without any Rule about it , and there could never have been upon any terms whatever any such thing as Divorce practised in the Gospel-world , for what Moses permitted about it was accidental and temporary and peculiar to the Jews , and our Saviour shews us the rise of it , and the reason of it , and forbids all farther practice of it ; The Law against Adultery and uncleanness determined those crimes another way , and besides That Law of punishing Adultery with death was purely Judicial , as much as punishing a di●obedient child with death was so , and wholly relating to the Jewish Oeconomy ; 'T is true , the offences in these cases were moral and natural evills , and do still so continue , but That manner of punishing them Then , was Judicial and temporary . We see at This day 't is not a general established Law , no not in the most Christian Nations to punish Adultery with death , and therefore our Saviour , who was guided by infinite wisdom in all he did , spake so as might give satisfaction to every Conscience under the Law at That time , upon what terms only to make use of the liberty of Divorce and putting away , Then so frequently and commonly practised , and also gave a perpetual Rule to the Church , that the bond of marriage should be preserved Sacred , and upon no account but that of Fornication dissolved , and in That case whatever the Laws of particular States might be about it , yet the obligation of marriage ceased , and the Consciences of men were for ever set free . This Doctrine of our Saviour about Divorce established in the 5th . of Matthew , is again repeated by him in the 19th . of Matthew in answer to the Pharisees , who there questioned with him about the same matter ; He there tells them , there is no cause lawful for a man to put away his Wife , but only Fornication , and that he admits to be a lawful cause , and the only lawful cause . In the 10th . of Mark our Savious discourse is set down without the exception of Fornication , and runs general , that whoever puts his Wife away , and marries another , commits Adultery , and so in the 16th . of Luke our Saviour sayes , without any of the circumstances in his other discourses of it , in the general , and without the exception of Fornication , That whosoever shall put away his Wife and marry another commits Adultery . It must be noted , that what Mark sets down , in the 10th . of Mark , is the very same story recorded by Matthew chapter the 19th , and both the Evangelists give an account of the same discourse between our Saviour and the Pharisees at one and the same time ; That is so clear , that 't is not to be denyed , and therefore whatever is set down by Matthew must be admitted to belong to the story , and be implyed in it , though omitted and not expressed by Mark , and so whatever is in Mark , that Matthew hath omitted , must be likewise supposed to belong to the story , or else we must imagine the Evangelists not to be both in the right in their relation of the same story , which cannot but be , and therefore Matthew expressing that our Saviour added That exception , ( except in the cause of Fornication ) 't is to be supposed and implyed in the relation Mark makes of the story , though he express it not , neither in what he said to the Disciples nor to the Jews themselves , for the answer is There general to both ; Calvin in his Harmony upon the Evangelists sayes upon this place , that 't is the same story related in both places , and there is no other difference , sayes he , but that one sets down the matter of our Saviours discourse more fully than the other , it being , sayes he , most usual for one Evangelist to omit some passages and circumstances in the same story mentioned by another . Saint Luke in his relation of what our Saviour said about this matter , omits all the circumstances of his discourse , and only mentions in short this general expression of our Saviour , That whosoever should put away his wife and marry another , committed Adultery , which is evidently spoken of those unlawful Divorces daily practised amongst the Jews , and directed against Them. Some conceive that our Saviours determinations in this point were intended with a distinction ; that is , that when he spake in general against putting away without any exception , he spake relatively to his Disciples , and to the Gospel-Church to come ; but when he spake of it with the exception of Fornication annexed to it , he intended That only with relation to the Jews , and so the exception Now concerns not us , but was only meant to Them , and terminated There . Very many things strongly oppose this apprehension ; First , in the 5th . of Matthew , where our Saviour gives the first , and most solemn determination about this point , 't is plain he spake to his Disciples , as well as the multitude of the Jews ; For the Chapter begins , And seeing the multitudes , he went up into a mountain ; and when he was set , his Disciples came unto him ; And he opened his mouth and taught them saying , &c. And he often in that Sermon directed his discourse particularly to his Disciples , for so he did in the 14th . verse , where he tells them , ye are the salt of the World ; A City set on an hill cannot be hid ; which must be spoken to them : Nor was there any reason why our Saviour should Preach one Doctrine in this matter to his Disciples , and another to the Jews ; For the Disciples were equally obliged Then to the Law , and concerned in all that the Jews were , and therefore the same Doctrine must needs be common to them both . Secondly , We find not the least ground from any thing our Saviour said any where to make any distinction in this matter , to believe the Rule was given general to one sort of men , and with an exception to another , but we find the Rule often generally laid down by our Saviour with this general exception annexed to it , and in that case where our Saviour once gives a general rule , with a general exception annexed to it , wheresoever our Saviour after repeats the same Rule , we must suppose the exception , or else we can never be able to make our Saviour to agree with himself . Nothing more usual than to imply remote exceptions under generals to reconcile the Scripture with it self , much more in This case , where our Saviour himself so often joyned the Rule and the exception together . Our Saviour bids us positively in the same Chapter not to swear at all , in general terms , yet every man that is sober will , under This general , imply all the lawful swearing the Scripture any where else enjoins or approves , because we must not make the Scripture militate with it self . Thirdly , There can be no good reason to limit what our Saviour said about Divorce in the 5th . of Matthew and the 19th . of Matthew to the Jews only , but we must needs admit it to be a general Law given in the case to all Ages , because he grounds his determination about it , not upon the Judicial Law , but upon reasons drawn from the general Law of Nature , and the first institution of marriage by God in the Creation of man and woman at the beginning , and such general principles , as had no peculiarity at all to the Jews , ( though they were obliged by them ) but such wherein all mankind were equally concerned : Our Saviour opposed the Pharisees and the Judaical practice , and establishes the Law he introduceth about it , by reducing the matter of Marriage and Divorce to the primitive rule of it , and to the natural and perpetual reason of the things in themselves considered , and therein spake not only to them , but to all mankind , and to the whole world ; He directs them to look to the first rise and original of Marriage , God made at first but one man and one woman , a male and a female , and appointed Them two in those two kinds to be in the relation of Marriage one flesh , so that Nature and Institution , the very Laws of mans first Creation , make the marriage-Union very sacred , and from thence our Saviour derives his direction about it ; And for Divorce , whereas the Jews upon every trivial occasion allowed it , our Saviour denies it to be lawful upon any occasion but one , and that grounded upon the natural and general reason of the thing in it self considered : The very essence of the marriage-Union , both by nature and primitive institution lyes in this , that two are one flesh ; where fornication is committed the Union is dissolved , for as St. Paul tells us , whoever joyns himself to an Harlot , is one flesh with her , and so in cases of such turpitude two are no longer one , but three or four or more in that marriage-sense of oneness , and so the oneness of two in marriage , which is the essence of it being dissolved , the marriage it self must needs be so likewise , nor can it in reason be supposed to continue , where the ends of God and Nature in that relation are frustrated and made void : And this could not be limited to the Jews , nor have a peculiar and single respect to Them , being founded upon principles that are common and universal , moral and perpetual , and wherein the interests of all men concenter , so that if it were lawful Then for a Jew , or any man , to put away his Wife for Fornication , upon those grounds upon which our Saviour declares it to be lawful , it seems reasonable to think it must continue to be so for every man to the worlds end , because those grounds are in their own nature general and perpetual , and will Justifie the doing of the thing for ever . Fourthly , There seems to be no ground ▪ of belief , that our Saviour should indulge the Jews in this point , and frame this exception only for Them , and not intend it to others , but rather the contrary , That he should have particularly restrained Them in this matter more than others , because of their enormous practices this way above any other Nation in the World ; Besides that the general Rule without the exception , has a fairer interpretation towards Them than any , and our Saviour might well say , pointing only to Them Whoever puts away his Wife , ( that is , as your manner of putting them away now is ) and marries another , commits Adultery : There seems no reason at all to appropriate that exception to Them , especially when 't is made upon grounds common to all . Fifthly , To confine that Rule our Saviour Then gave about Marriage and Divorce , as he conjoyned them , to the Jews only at That time , and to extend it in that conjunction no farther , is to confine it to that interpretation , wherein 't is most hard and difficult to be understood , and deny the effects of it , where the interpretation lyes most plain and easie . To our selves under the Gospel the direction of our Saviours Law is plain and evident , and without any difficulty may be put in execution , but in its relation to the Jews , and the state of things Then , it seems somewhat obscure , and without an admittance of a non-execution in some cases of the Law of God Then in force , for punishing Fornication and Adultery with death , very hard to be understood , and therefore 't is no way reasonable to relate the Law solely to Them , and deny the benefit of it to our selves . The practice in the Christian Church seems to have been regulated by our Saviours direction , and Divorces admitted in case of Fornication . The Emperour Theodosius , who , as one sayes of him , was Christianus & pius , & Episcoporum quotidiano usus concilio , made Laws for a man to put away his Wife in case of Fornication and Adultery , and extended it to the very suspicion of it . Sufficere Judicavit , si mulier viro ignorante , vel nolente extraneorum virorum convivia appeteret , si ipso invito sine Justa & probabili causa foris pernoctaret , nisi apud suos Parentes , vel si Circensibus theatralibus , vel Ludis & Arenarum spectaculis ipso prohibente gauderet . The Emperour Justinian made many additions to these Laws , which although for the manner of them , we must suppose accommodated much to the Customes of those times , yet were all built upon our Saviours direction in that case . St. Jerome is positive , That , Vbicunque est Fornicatio , & Fornicationis suspicio liberè uxor dimittitur ; which yet we must not extend to every Jealous suspicion , but suppose spoken , Ne ad legum subtilitatem res semper exigatur , and must be understood with restriction ; 'T is no way fit a mans own Jealous apprehension should be always the rule in the case , and yet in matters of That nature it may so fall out , that a man may be certain of that of which he can make no evident proof . St. Austine plainly takes our Saviours direction Then to be the rule Now in this matter , in his 89th . Epistle , says he , Dominus praecepit , ne quisquam uxorem dimi●tat , excepta causâ Fornicationis . Divorce à mensâ & toro seems to be a fiction in the Canon-law , and to have no ground , neither in any Law of God , nor in reason . Not in any Law of God , for wheresoever divorce was allowed by any Divine Law , it was a total Divorce , and the persons were allowed to marry again ; It was so amongst the Jews , whoever was Then Divorced , might go to a second marriage ; It is so in what our Saviour sayes , he evidently implyes it , ( putting away and remarrying are conjoyned ) whoever , sayes he , puts away his wife , and Marries another , except for the cause of Fornication , &c. where the implication is evident , that in that case of Fornication , he may both put away his wife , and also lawfully Marry another , the first marriage being dissolved : the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 constantly used by our Saviour in the New Testament for Divorce and putting away implyes a nulling of the marriage and discharge of the obligation , and signifies to absolve , loose , release , discharge ; so that if what our Saviour hath said about Divorce in case of Fornication be a rule to the Church Now , 't is plain the Divorce allowed by him in that case admits of a second marriage : If it be not a rule to the Church Now , then there is not the least positive allowance under the Gospel for any Divorce at all , and if so , all Divorces a Mensâ & Toro are without any Divine warrant . Not in reason , for whatsoever can be sufficient to Justifie a Divorce from all the ends of Marriage , must needs be sufficient to Justifie a Divorce from the obligation of Marriage , the one being but in order to the other ; It seems no way reasonable to bring any man into that condition , that the obligation of marriage should remain , and the helps and advantages of it be taken away ; 'T is to divide what God hath joyned , for he never appointed the one to go without the other ; It seems very undecent to say , two shall continue one flesh , and yet be excluded from all converse each with the other . If the essential bond of marriage be broken ( as in fornication ) , That gives a rational ground for a Total divorce ; If it be not , while the bond continues unbroken , the duty ought to be performed , there appears no ground to suspend the one , and continue the other . The practice of marrying again after Divorce hath been frequent ; The Greek Church practise it generally . Grotius says , some Christians have thought better to forbear it , Quam sententiam , says he , ex bonitate peculiari magis ortam , quam ex communi receptaque lege , tum ex aliis , tum ex Tertulliano apparet , qui non uno loco ostendit , solitos suo tempore ad matrimonium alterum admitti , qui ob Adulterium uxorem dimisissent . Origen tells us , that in his time many Bishops allowed it . 'T is not without the authority of some Councils , who have determined it lawful ; Conciliis , Eliberino , & Aurelianensi , & Arelatensi primo decretum est id licere . Animadversions upon the foregoing Discourse . 1. UNchastity before marriage , in a Virgin , not in a Widow . 2. Vnchastity to be punished with death , if proved by two witnesses , if but one witness Divorce , if only strong suspicion the water of Jealousie . 3. Found some uncleanness ; some is a word superfluous , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the 72. Interpret . which is summam foeditatem carnis . 4. The learned men , Selden and Grotius have their opinion , yet the Rabbies say ; Albeit the liberty of the Law , few or none did use it : No instance of taking that license in Scripture ; Joseph finding the blessed Virgins Womb swelled , presumed he had Just cause to dismiss her : for he knew she could not contend with him in point of Law. 5. It is a strong argument to me , that whereas God says , the nations round about the Jews would admire their wise Laws , yet none of the Heathen had such a loose Law , as to divorce at every exception the husband took ; It is Tertullian in his Apology , who sayes , that from Romulus to Sp. Camilius for 500. years Divorces were never heard of in Rome , and he began it upon the barrenness of his Wife . Tully broke good order above all men ; For he marryed a young Gentle-woman , his Pupilla , his Ward , as we call it , that he might pay his debts with her Portion , he never prospered after it . 6. The Jews to this day confess in their writings , that the penalty for Adultery was not inflicted , as it ought to have been , chiefly because it was so hard to prove it by two witnesses , and the confession of the nocent party would not serve ; because no such Trial appears in their Law. 7. In Matthew there 's mention of putting away , not a word to allow the innocent person to marry again : but here is a strong argument indeed , that the Law of Moses never allowed their petulant putting away for every cause ; For Christ , as you well observe rendred the right sense of the old Law , gave no new . 8. When the marriage-bond is dissolved ; That is presumed not proved . 9. Matth. 19. 9. is not every way the same determination with his doctrine , Matth. 5. ; for chap. 19. he speaks in his case that marries another , but Matth. 5. in his case that marries her that is put away . The Woman was not legally dead , if not convinced by two witnesses . 10. The first case of Lenes Mariti , and the third of a prosecutor that could not prove , in the Event come all to one , That with a good conscience he might put the Adulteress away . I concur for putting away , but no farther ; But for the second member , when he prosecuted openly against her and could not prove , Surely she ought to have the common benefit of all Law , to be recta in curiis , and the utmost must be to take the water of Jealousie . 11. If you speak of the 5th . of Matthew ( not of the 19th . ) it is true that it is a compleat exposition of the right understanding of some points in Moses Law , in the morality so to be in force for ever . 12. Punishment by death for Adultery not a general Law. But far more Nations have it , than others with whom it prevails not . 13. That Christ intended the obligation of the marriage should cease ; Presumitur non probatur . 14. Mark sets down the same story recorded by Matthew , that not to be denyed . Yes , 't is evidently to be denyed , Matth. 19. 3. The Pharisees asked him him about divorce , so Mark 10. 2. the Pharisees asked him about that matter ; but read further , verse the 10th ; and in the house the Disciples asked him again of the same matter , and he saith unto them , whosoever puts away his Wife , and doth marry anoother , commits Adultery , Luke 16. 1. The chapter begins , He saith to his Disciples , not to the Pharisees ; Then at the 19th . verse , whosoever puts away his Wife , and marries another , commits Adultery , &c. To his Disciples our Saviour spake in Gospel rules , repealing the license given to the Jews in their Law Judicial to marry again , if Divorced for Adulter ; I dissent from Calvine , who will have the same carriage of the story in in all the three Evangelists . 15. Very right , his Disciples were present at the Sermon , Matth. 5. but there is no mention of a giving allowance to marry after Divorce ; If you argue from Christs silence , that he forbids it not , 't is your own assumption , but no argument . 16. Second Reason . ] What need you more ground than the express words of Christ ; you say , Why should the rule be general to one sort of men , with exception to another ? Nay , the general Doctrine is not to one sort of men , but to all the Children of God and Disciples of Christ , the exception is to the Jews , for the hardness of their hearts . More strict duty required of Christians , for the exuberance of grace given us ; Abundantia spiritus sancti est Elogium regni Christi ; They are Calvines words . A command not to swear at all , is never in any place limitted by exceptions , ( except to swear by the name of the Lord ) but hath an hundred Texts to allow it justly done , so hath not this case which you put . 17. The third Reason makes against you . Christ cites original Scriptures , light of Nature , grounds not to be shaken but by the God of Scripture and Nature , who indulged to the Jews , that albeit those great obligations , they might marry after Divorce for Adultery ; those times of infirmity God winked at , as he did at many superstitions of the Gentiles , but these are the times of reformation under the Gospel . 18. If either commit Fornication , the Vnion is dissolved . Gratis dicitur ; For may not the innocent person remit the fault of foul lust to the other ? deductosque jugo cogat alieno ; may they not live together as Man and Wife ? which could not be , if the union were intrinsecally dissolved ; As the Prophets do often challenge the Jews for spiritual Fornication of Idolatry , yet the Lord took them again to him for his people , and it hath a great Evangelical consideration in it , that for any trespass , while the offended and the offender live together in this world , there may be a way left for reconciliation , and to take that admonition , sin no more lest a worse thing come unto thee : but marrying another while the offender lives , excludes all possibility of charitable pardon . 19. Fourth Reason . ] Our Saviour did not restrain the Jews more than Moses had restrained , but expounds Scripture , that they had taken license above what God had indulged to them for the hardness of their hearts ; It was the hardness of their hearts , that caused the wisdom of God to give them a latitude , the Lord being gracious to their infirmities ; But you would have God lay more burden upon them , because of their perverse hearts , which is not Gods method , but to whom much is given , of him much will be required . 20. Fifth Reason ] soon satisfied ; whoever said that Christs precept about Divorce was injoyned Then to the Jews , and only at That times ▪ It was in force from the beginning without indulgence but in force with that indulgence from Deut. 24. a●● no time so opportune , as when Christ was on the earth , and spake with his own mouth to his Disciples , to let them know , they were not priviledged like the Jews , if their Wife were an Adulteress , but to take up their cross and bear it . 21. Divorce admitted in the Christian Church for Fornication , but superinduction of another Wife is another thing . There were great mistakes in the Imperial Laws . Did not Valentinian make a Law for marrying within degrees prohibited ? Others for Bigamy ? I have not leasure to search the Books . I lay St. Austine against St. Jerome , who did not write transcursorily , but two studied Books upon the Argument . 22. Why should not the orders of the Canon-Law be as rational as the Laws of Theodosius and Justinian ? Separatio à toro & mensa is for peace sake , till opportunity of attoning . Must all directions to keep them aloof , that are imbittered one against the other , and to prove them for a time how they will piece again , be grounded upon Scripture ? Shall humane Prudence have no hand in such things ? These are no fictions of the Canon Law , for they falsifie no Text , but make tryal of such ways as may conduce to the good of both parties . What if à toro & mensa have no divine warrant , is there any divine warrant against it ? They that look for divine warrant express in all frames of Government , in all circumstances of Gods worship , have been told sufficiently how much they mistake the purpose and use of Holy Scripture . 23. You say , 'T is not reasonable , that the obligation of marriage should remain , and the helps and advantages of it be taken away ; why , what if a ma● or a woman be taken Captive ? Incur an irremediable diseass ? or the Wife , though chaste , will not render due benevolence ? or , her Joynture she brought be consumed by fire ? Here are helps and advantages substracted , yet no wedlock broken . 24. By Divorce à toro & mensa they are not shut from all converse with one another , they may return to mutual embraces again ; though the bond of marriage be not broken , the use and comfort may be suspended . 25. Far more Bishops by thousands have disliked it , than that have allowed it . I reverence the Councils , yet they were but Provincial ; Had I leisure to peruse them , I should know to interpret them . 26. Grotius lived in the Netherlands , and wrote after their practice and doctrine . It hath been the practice of the Church of England but once in Parliament , Edw. 6. and once in this late Session of Parliament . I take no pick at any man that is of a contrary judgement to me . But the first instance of Parre Marquess of Northampton , who had two Children in secret , before the Act of Parliament passed on his side , makes his case far worse than the Lord Rosse's , but the Marquess and his posterity sunk quite away , and let survivors behold the end of this last Instance . For an Appendix , I will ingeniously add the unreasonableness of the Church of Rome , who generally deny him that puts away his Wife for Adultery , to marry again , yet they consent to the sentence of Pope Gregory the first , who resolves this upon a question moved . Questio est , quidam parentes , mulieres presertim , proprios filios susceperunt in lavacro ; An illiviri & mulieres ad suum proprium redire possint usum ? Imo separent se mulieres ; vero cum separata fuerint pro hac illicita re à propriis viris , totam precipimus recipere dotem , & post expletum annum recipiant alium virum , similiter & viri uxorem ; which is easily thus refuted by their own doctrine , Si proprios filios in casu necessitatis baptizare , non solvit matrimonium , quanto minus eosdem è Baptismo suscipere ? 27. To end , such as hold to my opinion , lay it the more to Conscience , foreseeing that the contrary may stir up some wicked Husbands to suborn false witnesses upon Oath to convince innocent Wives , that They being divorced , it may admit them to marry where they like better . Moreover it may fall out , not seldom , that a wicked Woman will confess her self an Adulteress , upon assurance of some ample compensation . More might be added . The Answer to the Animadversions . Animadversion . 1. UNchastity before marriage , in a Virgin , not in a Widow . Answer . The direction in the 22. of Deut. for conviction of unchastity before marriage relates peculiarly to a Virgin , and cannot be applyed to a Widow , yet should a Widow by other evident proofs be convicted of unchastity after the death of a First Husband before marriage to a second , the equity and reason of the Law seems to reach her ; 'T is a firm Maxim in the Civil Law , ut ubi eadem est ratio , jus idem valet , I find no exception any where made in that case , nor any particular direction given about a Widows previous unchastity to a second marriage to punish it any other way . Animadversion . UNchastity to be punished wth death , if proved by two witnesses , if but one Divorce , if only strong suspicion the water of Jealousie . Answer . The first is evident , that unchastity when punished with death was to be proved by two witnesses , not by reason of any particular direction about the proof in That case , but because God established That as a general rule for all Judicial proceedings , that by the testimony of two or three witnesses every sentence should be established , Deut. 19. 15. One witness shall not rise up against any man for any iniquity , at the mouth of two witnesses or three shall the matter be established . The second , that if unchastity were proved but by one witness , it was Then matter of Divorce , I crave leave to dissent from ; Unchastity , if proved , could never be ground for Divorce , for death was to ensue , so that if one witness in case of unchastity were sufficient proof , it produced death , if it were not , it amounted to no more than suspicion ; Nor do I find any direction for any proof at all to be made as Necessary in case of Divorce , nor in any case , where proof was Judicially required was one witness sufficient , Neither by the first allowance of Divorce , Deut. 24. Nor in the subsequent practice of it amongst the Jews was there any proof required in case of Divorce , nor any Judgement to be passed by the Magistrate about it , farther than that there should be libellum repudii given to the Woman ; It seems to me that the judgement in case of Divorce rested in every mans own breast , though every man was in his own private conscience obliged by rules in his actings therein , and sinned if he transgressed them ; For as one saith , God would by that expression in Deut. quae probrum , aut ut 72 Interpr . verterunt 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 significat , admonere Hebraeos ne temerè uxores dimitterent , and sayes the same Author , Notum est quosvis Judices quorum summae & liberrimae potestati res aliqua permittitur , insontes non esse , si abaequi bonique regula discedant , jus ergo fuit , ut quavis de causa uxorem maritus possit expellere , sed ea notione qua Praetor jus reddere dicitur , etiam cum injustè discernit , ut Paulus Jurisconsultus loquitur , qui & alibi dixit , non omne quod licet honestum esse , licere enim in Communi usu aliquid dicitur , quod extra poenam est , & quominus fiat a nemine impediri potest ; The words of the Text cast it that way ( And it come to pass , that she find no favour in his eyes ) of which himself could only be the proper Judge ; In the 19th . of Matthew , where the Pharisees urged upon our Saviour , that Moses required no more in the matter of Divorce , but to give a writing of Divorcement , our Saviour does not deny it , but seems to admit it , only tells them , Moses did it for the hardness of their hearts , but from the beginning it was not so ; The antient form of their Divorces imports thus much . ( Mea sponte nullius coactu te uxorem hactenus meam dimittere , à me deserere ac repudiari decrevi , Jamque adeo te dimitto desero ac repudio atque à me ejicio , ut tuae sis potestatis , tuoque arbitratu ac lubitu , quò licet discedas , neque id quisquam ●llo tempore prohibessit , atque itae dimissa esto , ut cuivis viro nubere tibi liceat . Crotius Seems upon good grounds to be positive in this case , his words are , Errare autem eos , qui putant Judaeis non licuisse uxorem dimittere , nisi causa apud Judicem probata , satis ex hoc loco apparet , Dictum enim esse , ait Christus , qui uxorem dimissam vult , libellum det repudii ; Dubitationem omnem nobis Josephus eximit , qui de se agens ita ait , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Verum tamen est hunc actum , non minus quam haereditatis Cessionem , atque alios solenniores solitos coram Judicibus peragi , quod nos Digesta Talmudica docent , sed erat hoc jurisdictionis voluntariae non contentiosae , quomodo manumissio apud Praetorem Jure Romano ; Cognitionem igitur suam judex non interponebat , nisi de dote aut donatione propter nuptias controversia inciderat , planè ut & apud Romanos . And he adds after , Caeterum ut graviora mala evitarentur , & veritatem & gravitatem causae noluit ad alienum arbitrium referri , sed ipsius mariti animo id aestimandum permisit ; Quod mirum non est , cum veterum Gallorum , aliarumque Gentium leges jus vitae & necis in Vxores Maritis concesserint . For the third , If strong suspicion , the water of Jealousie , I assent to it , he that doubted his Wives chastity , and in case he could be assured of her chastity , resolved not to part with her , and if she were found unchaste , desired the execution of the Law upon her , obtained his end by the Water of Jealousie ; But I much question whether That , being of an extraordinary nature , were enjoyed by the Jews till our Saviours time : I rather suppose they never had the benefit of it after the Captivity , but that the use of it ceased , as it did of the Vrim and Thummim , That Church being to determine , God removed the Pillars of it by degrees ; I believe in our Saviours time in fact things stood Thus ; The Law against Adultery was not executed , nor indeed was it in their power to have it executed , for the Romans had reserved matters of life to their own Judicatories , ( though sometimes the people would violently stone some persons as they did Stephen ) and upon that account amongst others they thought to insnare our Saviour in the 8th . of John , when they brought to him the woman taken in Adultery ; The water of Jealousie , they had not the use of , and so nothing was done in these cases , but only they made use of the liberty Moses allowed for Divorces . Animadversion . Found some uncleanness ; some is a word superfluous , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the 72. Interpret . which is summam foeditatem carnis . Answer . There is great disagreement in understanding the Hebrew words translated ( some uncleanness in her ) ; I shall make evident , it cannot be restrained to unchastity , for which the Law had otherwise provided , if either proved or suspected : the Jews I confess differed much about it ; I find in Mr. Selden there were three Schools amongst them , that maintained three several opinions about it ; The School of Hillel , the School of Sammai , and the School of Aquiba : That of Hillel maintained it lawful for a man to put his Wife away for any cause , but not singly upon his own pleasure ; That of Sammai for somewhat of Turpitude only ; and That of Aquiba , that a man might put away his Wife upon his own pleasure without any ground at all ; That which was the most general received opinion amongst the Jews , he says , was , that for light causes , as dislike of Beauty , age , and many other such things , Wives might be put away , and he adds , idque ex sacrae legis mente , according to the sense of the Law , and 't is most certain they did so interpret it for the most part . The School of Sammai , as Grotius observes , had the fewest disciples , and yet under the notion of turpitude they extended Divorce so far , that they thought a Womans going with open breasts a sufficient ground for it . Philo sayes , a man may Divorce his Wife for any occasion ; de spec . l●g . ad praec . 7. Josephus sayes , for any dislike of manners , and he practised accordingly , for he saith of himself , that he put away his Wife after he had had three Children by her , only because he disliked her manners . Chrysostome in his Homilies upon Matthew speaking of what the Pharisees said to our Saviour about Divorce , sayes he , Erat hoc in veteri lege mandatum , ut qui prepriam quacunque de causa odisset uxorem , non eam prohiberetur ejicere , inque illius locum alteram ducere ▪ Erasmus hath with very great learning in his Treatise about Divorce proved that by Uncleanness in the 24th . of Deut. Unchastity cannot be meant , he is so confident and positive , that he stakes his credit upon it . Ainsworth and our best late Commentators render it exactly from the Hebrew , ( matter of nakedness ) or by transposing the words ( any thing of nakedness ) which , saith Ainsworth , is not meant of Adultery , but of some evil thing in her conditions or actions that displeased her Husband , and he adds that the phrase is so taken in the same sense for any thing unseemly in the 23 of Deut. v. 14 Nor did I ever yet meet with any that thought the Hebrew word used in the 24 of Deut. as the ground of Moses permission of Divorce , could be rendred by the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , which is that used by our Saviour . But to put it out of all farther question , that the licence Moses gave to Divorce , cannot be restrained to Adultery and Fornication , there is this undeniable evidence ; If that were so , we must make our Saviour palpably to contradict himself , and at the same time to establish what himself repeals , and to do the same thing which he finds fault with as done by Moses , being not that which was from the beginning , but that which was done only temporarily and occasionally for the hardness of That peoples hearts ; our Saviour's speech would Then run Thus , Moses for the hardness of your hearts suffered you to put away your Wives for Fornication and Adultery , which was not so from the beginning , ( and so ought not to continue ) But I say unto you , that whosoever puts away his Wife , except for Fornication and Adultery , and marries another , commits Adultery in so doing ; There needs no more than our Saviours own-words to assure us that the liberty Moses gave for Divorce , and That Christ gave were upon different grounds : The plain meaning of our Saviour seems to be this , Moses heretofore upon a particular reason , because of the hardness of your hearts , suffered you to put away your Wives upon grounds that were not intended to be a lawful cause of Divorce from the beginning , I 'le have that to be so no more , but I 'le have it to be as it was from the beginning , and from the beginning there was no good cause o● Divorce but Fornication , and This cause was a good cause from the beginning and the first institution of marriage , and appears by our Saviours interpretation of the first Institution of Marriage to be so , and to be implyed in the general institution at the first , and reserved as much as the service of the Temple , and liberty to works of mercy and necessity are declared by him to be reserved and implyed in the first positive institution of the Sabbath , though not expressed ; so that , if we look to the liberty given by Moses , our Saviours Law about Divorce is a new Law , for he repealed That , if we look to the Law of Creation and first institution of marriage , 't is the same that was from the beginning , only the Mosaical indulgence had interposed , and our Saviour by repealing That settles the matter upon the old and lasting foundation , wherein Jews and Gentiles , and all men to the worlds end are to acquiesce , and declares that exception of Fornication , though not expressed to be virtually contained and implyed in the institution of marriage from the beginning . Animadversion . IT is a strong argument to me , that whereas God saith , the nations round about the Jews would admire their wise Laws , yet none of the Heathen had such a loose Law , as to divorce at every exception the husband took . Answer . It is a consideration of moment I grant , yet our Saviour giving the reason of it and thereby seeming to admit the thing , determines us ; It was rather a Toleration than a Law , a permission of impunity , rather than an institution , and we have good reason to think , as things then stood , the best and most prudent expedient That people were capable of . Calvin speaks wisely of it , says he , we give general liberty without restraint for men to go to Law , yet that justifies no mans going to Law beyond the bounds of Charity ; St. Chrysostome in his excellent Homily upon the 5th . of Matthew speaks more fully to th ground of it . Si enim retineri etiam exosam praecipisset uxorem , facilè profectò illam qui oderat occidisset , Talis quippè erat natio Judaeorum , qui enim ne filiis quidem propriis parcere , & Prophetas solebant frequentèr occidere , ut aquam ita effundentes humanum cruorem , multò illi minus odiosis conjugibus pepercissent , Moses , inquit , propter duritam vestram haec scripsit , ne clam mactaretis sed ejiceretis . The Christian Roman Emperours gave much the same liberty to the Husband ; Grotius sayes , Christiani Imperatores extra Adulterium aliquot scelera enumerant , quibus probatis , maritus sine ullo damno uxorem repudiet , & quod est amplius , ea si probare nequeat , non simplicitèr repudium vetant , sed in arbitrio mariti relinquunt , malitnè uxorem retinere , an dotem reddere , & amittere quod propter nuptias donavit . Animadversion . MAtth. 19 9. is not every way the same determination with his doctrine , Matth. 5. ; for chap. 19. he speaks in his case that marries another , but Matth. 5. in his case who marries her that is put away . Answer . I conceive both places are alike to this purpose , to make remarriage upon Divorce lawful , for in the 5th . of Matthew , remarriage is plainly intended by our Saviour , for he saith , whosoever puts away his Wife except for Fornication , which is to be understood such putting away as they Then used , which was to remarry after it , for he sayes expresly , whoever puts away his Wife and marries another : and he sayes , if the woman marry again ( except put away for the cause of Fornication she commits Adultery , the exception plainly implyes her remarriage is no Adultery , if put away for Fornication , and if the woman so put away may lawfully marry again , much more the man that did put her away : if it be lawful for either to marry , it must needs be for both , for it must be upon supposition of the Marriage-bond dissolved . Animadversion . IN Matthew there 's mention of putting away , not a word to allow the innocent person to marry again : but here is a strong argument indeed , that the Law of Moses never allowed their petulant putting away for every cause ; For Christ , as you well observe rendred the right sense of the old Law , gave no new . Answer . No new Law , if we respect what Law was from the beginning , which the Jews were obliged by , but new in this case , if we respect the permission of Moses , for he positively repeals That ; The Law the Jews were to submit to was the Law of Creation and first institution which Moses revealed to them , to That our Saviour reduceth them ; The permission about Divorce was accidental and temporary , that our Saviour positively repeals , and 't is very plain that in Both cases , That of Moses for Divorce , and That of Christ for Divorce , remarriage is admitted ; in Moses , in terminis expressed , and by our Saviour plainly and undeniably implyed . Animadversion . THat Christ intended the obligation of the marriage should cease ; Presumitur non probatur . Answer . Christ must needs intend the obligation of the marriage should cease , where he gives liberty to a second marriage , as he plainly does in case of Fornication , both in the 5th . and the 19th . of Matthew . Christ reasons about marriage from the Law of creation , and the first institution of it in Paradise , and carries it up to the highest grounds of the obligation , and There gives liberty to Divorce and remarriage in case of Fornication , and therefore Fornication must needs be reckoned a dissolution of the marriage , and a dissolution of it considered in its strictest tyes ; our Saviour would never have gone about to prove the sacredness of the marriage-bond by the highest Proofs , and then have given liberty to divorce , where the bond of marriage was not directly broken , for in that case his proofs would only have served against his own indulgence , and therefore he proves the sacredness of the marriage-bond to overthrow the Jewish divorces , and establishes divorce in That only case , where the bond it self was dissolved . Animadversion . MArk sets down the same story recorded by Matthew , that not to be denyed . Yes , 't is evidently to be denyed , Matth. 19. 3. The Pharisees asked him about divorce , so Mark 10. 2. the Pharisees asked him about that matter ; but read further , verse the 10th ; and in the house the Disciples asked again of the same matter , and he saith unto them , whosoever puts away his Wife , and marries another , commits Adultery , Luk , 16. 1. The chapter begins He saith unto his Disciples , not to the Pharisees ; Then at the 19th . verse , whosoever puts away his Wife , and marries another , commits Adultery ; To his Disciples our Saviour spake in Gospel rules , repealing the license given to the Jews in their Law Judicial to marry again , if Divorced for Adultery ; I dissent from Calvine , who will have the same carriage of the story to be in all the three Evangelists . Answer . I humbly conceive that the two Evangelists relate the same story , both from the matter of it , and all the circumstances that attend it , 't is said in the 19th . of Matthew , in the beginning of the Chapter ▪ our Saviour came into Judaea beyond Jordan , and in the beginning of Mark 10. 't is said he came into the same place , and in both the Evangelists 't is said the multitude came unto him , and the discourse related between him and the Pharisees appears evidently in both Evangelists to have been the same , at the same time , and in the same place , and before the same company , only somewhat varied in the relation , which is usual ; In the 10th . of Mark there is no mention made , that our Saviour gave to the Pharisees any allowance of Divorce in any case , which is expressed in the 19th . of Matthew , and 't is granted our Saviour admitted it to the Jews ; what our Saviour saith about it in the 19th . of Matthew , was as much spoken to the Disciples , as what he sayes in the 10th . of Mark , as appears from hence , that the Disciples themselves make immediately the answer ; In the 19th . of Matthew , where our Saviour saith , Whoever puts away his wife , except for Fornication , &c. If the case be so , say the Disciples , taking it to themselves , 't is good not to marry , looking upon it as a strict doctrine , even with that exception and such a one as the world had not been acquainted with , and which they thought unsupportable . Calvin says , 't is the same passage that is reported in Mark , only Mark reporteth 't was spoken in the House to the Disciples , and Matthew omitting that circumstance sets down barely our Saviours speech ; Dr. Hammond agrees with Calvin in this matter , speaking of these places and about this very occasion , sayes he , that these places , That in Matthew on the one side , and in the other two Evangelists , at least in St. Mark on the other side , are a report of the same passage of story , and of the same part of Christs speech , appealing from the Mosaical permission to the first institution of marriage , there is no ground of making any question , and therefore it follows that one must be interpreted by the other , so thinks he . But suppose it were otherwise , when several of the Evangelists relate discourses of our Saviour about the same subject , by all judgement of reason those Evangelists that are more explicite and large must interpret those that are more implicite and brief , and there is no fitness at all in it to interpret those that are most large , and say most upon a subject , by those that are more brief and say least of it . But that which overrules me in this case is , that I find our Saviour no where Preaching one doctrine to the Jews and another to his Disciples , and that must be proved in this case , or else the point of Divorce and remarriage is visibly established in case of Fornication , if our Saviour gave that liberty only to the Jews , and made the exception singly for them , Then when he speaks generally to his Disciples , he must not only repeal the liberty Moses gave to the Jews , but the liberty which himself gave to the Jews , which is not fit to suppose ; Nor indeed has our Saviour throughout the whole Gospel given any one new Law peculiar only to the Jews , which this about Divorce in case of Fornication only must needs be , if it be restrained to Them , for they had no such Law before ; Moses permission of Divorce , and this of our Saviour could not be the same , for our Saviour would never have condemned what Moses did , and immediately have instituted the same thing himself : Nay , it must not only , if restrained to them , be a new Law to them , but a new Judicial Law , which were strange to suppose our Saviour should Then institute ; for if we deny it to be Judicial , and acknowledge it to be ( as indeed it is ) a Law moral , sounded upon mans first Creation and the first institution of marriage , then it cannot be restrained to the Jews , but must needs by the nature of it belong to all . Animadversion . THE third Reason makes against you . Christ cites original Scripture , light of Nature , grounds not to be shaken but by the God of Scripture and Nature , who indulged to the Jews , that albeit those great obligations , they might marry after Divorce for Adultery ; those times of infirmity God winked at , as he did at many things in the superstitions of the Gentiles , but these are the times of reformation under the Gospel . Answer . I conceive Christ would never have established marriage upon those grounds , and then have given a dispensation for divorce that those grounds would not admit of ; our Saviours speech must then be thus understood , by the Law of mans first Creation , and the first institution of marriage this divorce for Fornication and remarriage upon it , ought not to be , yet I will give you liberty to do it . Without doubt the divorce our Saviour then allowed was very well corresponding with those principles upon which he established marriage , and those principles being general and perpetual , his allowance of divorce must needs be so too ; Christs time was no indulging time , not a word in the Gospel of Christs winking at any thing , he settles every thing upon its true and lasting foundation , they are times indeed of reformation , and from whence can we more reasonably expect That reformation than from Christs own mouth ; He allows not the Jews in any one Title of their corrupt practice , but exactly reduceth them to the rule , and in this case he plainly tells them , the dispensation they had from Moses was not the rule , but the law of Creation and Gods first institution was the rule , and that admits of no exception but this of Fornication : 't is not reasonable to think Christ should indulge them for the hardness of their hearts in any thing , because he came to reform every thing , but especially not in this matter , because he plainly repeals what Moses had done in it before upon that ground . Animadversion . WHere Fornication is committed , the Union is dissolved . Gratis dicitur ; For may not the innocent person remit the fault of foul lust to the other . deductosque jugo cogat alieno ? may they not live together as Man and Wife ? which could not be , if the union were intrins●cally dissolved ; As the Prophets do often challenge the Jews for spiritual Fornication of Idolatry , yet the Lord took them again to him for his people , and it hath a great Evangelical consideration in it ▪ that for any trespass , while the offended and the offender live together in this world , there may be a way left for reconciliation , and to take that admonition , sin no more lest a worse thing come unto thee : but remarrying another while the offender lives , excludes all possibility of charitable pardon . Answer . When we say the vinculum matrimonii is dissolved , we speak not of actual dissolution , but virtual cause of dissolution ; In this and in all other obligations arising from contract , when the bond is broken , 't is a rule , Potest innocens cedere Juri suo , and if the offended will not take the forfeiture , the bond continues : Adultery does not ipso facto dissolve the marriage , but gives right to the inn●cent party to dissolve if he please , puts the power into his hand , which he may ad libitum make use of or not , for as Divines say , Divortium non est praecepium , sed tantum permissum & probatum , 't is a liberty given in favour to him that is wronged in the matrimonial contract , which he is not bound to make use of unless he will ; God seems to intimate so much in the Prophet , Where is the Bill of your mothers divorcement ? there was cause enough , the Covenant was broken on their part , yet God pleased to forgive it and not take the forfeiture , no Bill of Divorce was actually given , if it had , they could have returned no more , the separation had been irremediable . Now that Fornication in this sense is a dissolution of the marriage-bond , that 't is a sufficient ground to dissolve it , if the innocent party please , will appear , both from Christ permission about it , and from the nature of the thing it self . First , From Christs permission about it , he plainly admitted Fornication to be a good ground of Divorce , and permitted remarriage upon that Divorce : let his permission be to whom it will , our Saviour would never have given liberty to any man to remarry upon Fornication , unless That had dissolved the first marriage , for it had been to permit a positive sin upon those very grounds , upon which our Saviour himself in that very place does establish the bond of marriage ; If the bond of marriage can be broken in no case , our Saviour would never have allowed putting away and remarrying in any case . Secondly , From the nature of the thing it self , it cuts the very knot of the marriage-contract , which is , that two shall become one flesh , and in that case two are not one flesh , which they covenant to be , and are to be , in a chaste and peculiar enjoyment of each other in the marriage-bed , for St. Paul sayes , He that joyns himself to an Harlot is one flesh with her ; By the marriage contract they have resigned their bodies over each to other , and have not power in that respect over their own bodies ; In case of Fornication , there is the highest breach of That obligation . All other things whatever relating to marriage may be enjoyed upon other accounts and in other relations , but only the body and the concerns of it , and therefore when the Faith about the body is broken , Faith is broken about that which is the peculiar property of marriage , and that which does formally distinguish it from all other relations . A charitable pardoning spirit is very suitable to the Gospel and becoming a Christian , but I think a man ought not to be imposed upon in this case , where a man is wronged , and Christ hath provided a way to right him , justice in That case must not be denyed him , if he require it ; A man may , if he please forgive an unclean wife and continue to live with her , But I incline to Calvins opinion , that he will do much better to put her away and cleanse his house ( nay his bed ) from defilement and wickedness . Animadversion . YOu say , It is not reasonable , that the obligation of marriage should remain , and the helps and advantages be taken away ; why , what if the man or woman be taken Captive ? Incur an irremediable diseass ? or the Wife , though chaste , will not render due benevolence ? or , her Joynture she brought be consumed by fire ? Here are helps and advantages substracted , yet no wedlock broken Answer . I conceive it not reasonable any thing should be thought of validity to take away the ends of marriage that is not sufficient to dissolve the obligation ; because they are relatives intrinsecally conjoyned each to other , the ends and advantages of marriage ought never to be suspended , where there is not sufficient ground to dissolve the bond of marriage ; because the bond being entred into for the sake of those advantages that belong to it , by the Law of God , and by the Law of Nature , those advantages ought never to be denyed , where the bond is continued ; our Saviour saith , Whom God hath joyned , let no man put asunder , that is , not put asunder as God hath joyned them , and he has joyned them so , that the duties to be performed and the obligation should go together ; whoever divides in That kind , I think falls under the Text , if we ground divorce upon our Saviours exception , That is plainly for a total Divorce in that case of Fornication and remarriage after , He divides as God has joyned , from duty and obligation together . A divorce à mensa & toro seems unreasonable , because unequal , and 't is unequal , because the innocent party is as much a sufferer by That as ●he nocent , and instead of be●ng relieved , is farther punished , and all the help a man has by this partial divorce , that is abused and betrayed by an unchaste wife , is , to be put ●nto a kind of Matrimonial Purgatory , and be rendred hereby uncapable to enjoy , ●ither the advantages of a marryed man , or the freedom of a single man. When by providential dis●bilities in either party , the duties of marriage cannot be performed , yet the marriage-bond continues unbroken , though the ends cannot be attained , this I assent to , but it will not reach this case ; Ability to perform is implyed in all contracts , providential disability no way cancels the matrimonial obligation , because 't is entred into with a supposition of them ; But although God in his just Judgement , and as a punishment upon both , may bring married persons into such a condition , yet 't is not a ground for men to make a rule to go by , especially for the offence of one , 't is There matter of necessity and not of choice , There the ends of marriage cannot be attained , Here they may , only we obstruct them . God does that many times providentially , and Judicially , which we can neither do reasonably nor regularly ; 't is mens duty to submit to God when he takes away those helps marriage affords , but that is no ground for us to take them away , while he continues them . A man obliged by an oath of Allegiance to his Prince may providentially be brought into such a condition he cannot perform it , but That will never warrant us to bring any man into such a condition , where the obligation to a duty is necessary , and the suspension of it is voluntary ; It may so fall out , a Prince cannot protect his subjects , nor his subjects obey him , yet the obligations upon both remain , But this will never justifie us upon any account to bring things into such a posture . But suppose the woman refuse due benevolence , where there is no disability . I say she lives by so doing in a notorious sin , and 't is not fit that what is a sin in either party voluntarily to do , Both should be enjoyned to do , which they are by divorce à mensa & toro : The woman in that kind is lyable to punishment for not performing matrimonial duties , and in case all means used to reduce her to her duty prove ineffectual , 't is worthy consideration , whether she may , not at last come under the equity of St. Pauls didirection about desertion , which is nothing as I take it , relating to divorce or putting away in that sense our Saviour speaks of it , but a help that the Law of nature ( which is ever implyed in all divine institutions ) affords to an innocent wronged person unjustly forsaken , and actually or perhaps virtually put away , the Apostle says , A brother or a sister 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is not inslaved in such a case . The truth of this whole matter is , our Saviour has in the Gospel established a Law for Divorce and Remarriage in the single case of Fornication instead of That liberty given by Moses under the Law , it must be proved that he intended That part of the Gospel as a rule to the Jews only , which he never intended any other part of it to be , nor does any where say he intended This to be , or else the matter is determined . Amongst the Jews never any Divorce heard of without liberty to remarry , and it was only intended for that purpose . Calvin upon that passage ( He that marries her that is put away , commits Adultery ) speaks fully , says he , This sentence hath been most corruptly expounded by many Interpreters , for they thought generally and confusedly that is was commanded to live sole after Divorcement , so , if the Husband should put away the Adulteress , of necessity They both should live unmarried , as if This were the liberty of Divorcement , only to lye away from the Wise , as if also Christ did not evidently in this case permit That to be done , which the Jews were wont generally to usurp unto themselves according to their own pleasure ; Therefore their errour was too gross , for when Christ condemneth him for Adultery that marries her that is put away , 't is certain that this is to be understood of unlawful and frivolous Divorcements . By the Roman Laws all Divorces admitted of a second marriage ; In the Christian Church in the beginning it was so : Nor indeed was Divorce ever thought of any where but in order to a second marriage , till this contrivement of a Divorce à mensa & toro came in , the effect of which in the Roman Church , where it hath been chiefly practised , has been such as does no way credit it ; Cajetan , one of their own , is so ingenuous , that upon the 19th . of Matthew , he saith , Intelligo igitur ex hac Domini Jesu Christi l●ge , licitum esse Christiano dimittere uxorem ob fornicationem carnalem ipsius uxoris , & posse aliam ducere ; And a little after adds , Non solum miror , sed stupeo , quod Christo clarè excipiente causam fornicationis , torrens Doctorum non admittat illam mariti libertatem . Wherever that kind of Divorce has been practised , the consequence hath most commonly been , that the innocent party hath by temptation fallen into sin , the offending party into farther transgression ; for 't is not a thing probable or likely , that such who would not live chastely in a marryed condition , should do so in a single condition , and at last greater inconveniences and animosisities have arisen from such a separation and the parties very rarely if ever again united . It inslaves mankind into a very sad dilemma , either to lye in a polluted bed , and yield to every impudent Adulteress , ( for so they usually grow at last , or else to udnergo all those temptations men are subject to without a Wife in a single and unmarried condition : God no where seems to have given the woman such an advantage over the Masculine Sex , as to be able to intrap the Man in such a snare . Animadversion . TO end , such as hold to my opinion , lay it the more to Conscience , foreseeing that the contrary may stir up some wicked Husbands to suborn false witnesses upon Oath to convince innocent Wives , that They being divorced , it may admit them to marry where they like better . Moreover it may fall out , not seldom , that a wicked Woman will confess her self an Adulteress , upon assurance of some ample compensation . More might be added . Answer . 'T is a thing likewise to be feared , that if no better remedy be provided for innocent Husbands than a Divorce à mensa & toro , it may provoke them to rid themselves of their Adulterous Wives by some undue means ; the rage of a man is great in those cases , and truly sometimes unconquerable even in good men , sad events have ensued and may ensue in such cases . For suborning proof in this case , there 's no more danger than in all other mens estates and lives and their highest concerns depend upon proof by witnesses , there is no surer or better ground to proceed upon in all humane determinations , this matter has the greatest advantage against proof of any , being rarely within the reach of it , and for one fact of That nature that can be brought to light by due proof , many will pass in the dark without proof , and so without punishment . A womans own confession in this case will not prevail , the rule in the Civil Law takes place . Revelanti turpitudinem suam fides non datur . In the raign of Henry the eighth , when the Popes power was excluded , an Act passed to inable the King to elect thirty two able persons to reform Ecclesiastical Laws ; This in the 6 year of Edward the sixth's Raign was put in execution , and the Quorum of them by letters Patents reduced to eight , they met and took great pains , there was present Cranmer Archbishop of Canterbury , Goodrich Bishop of Ely , and other the chief of the Bishops , Peter Martyr and other eminent Divines , and the most eminent Canonists , Civilians , and Common-Lawyers then in the Kingdom , they set forth a Book called Reformatio legum Ecclesiasticarum , which we may well reckon the judgement of the Church of England at That time about those things , being composed by such men impowred by the supream Authority , and in That Book the lawfulness of Divorce in case of fornication and remarriage upon it is fully asserted and justified . I shall only add , that amongst learned men I find great disagreement in resolving this Question , whether the same right of Divorce belong to the Woman that does to the man ; some say the superiority of the Sex makes this a peculiar prerogative to the man , who is the head of the Woman ; ` T is certain , in the Mosaical Law no such thing as a Womans putting away her Husband was ever allowed , sometimes in fact it was illegally and irregularly practised , yet very rarely , we find in all the Jewish Writers but one instance , and that is in Josephus ; The Roman Laws allowed it ; Those who espouse the Womans cause in this point , urge that passage of our Saviour in the 10th . of Mark , where he saith ( And if a woman put away her husband , and marry another , she commits Adultery ) and so seems to make the right of putting away equal ; Calvin upon this place saith that although the Husband be superior in other respects , yet in the marriage-bed the man and the woman are equal , therefore saith he , when as the Adulterer shall fall away from the knot of matrimony , the Wife is set at liberty : they also urge that of St. Paul , who saith , in case of desertion a Brother or a Sister is not bound ; and so seems to put the matter between Man and Wife upon even terms in all conjugal respects . The Christian Church affords us but two instances that look this way ; The first of one Thecla , who refused to marry one Thamyris in Iconium , after she was contracted to him ; This story Mr. Selden relates at large , from the report of Basil of Selencia , but seems not much to credit it himself , however it was but a refusing Marriage after contraction , Mr. Selden calls her only Sponsa , and saith , Nuptias noluit , & sponsalibus renunciavit , and it was to one that most bitterly detested Christianity ; The other instance is that in the beginning of Justine Martyrs first Apology , where a Christian woman made use of the Roman Laws to put away her Husband , and he commends her for it , but that was evidently upon St. Pauls permission in case of desertion , for her Husband was a notoriously wicked person and departed from her . In this matter I shall make much a better choice , to submit to your Lordships learned Judgement , than to declare my own . FINIS . 
A70542	----	Two great questions determined by the principles of reason & divinity I. whether the right to succession in hæreditary kingdoms, be eternal and unalterable? Neg. : II. whether some certain politick reasons may not be sufficient grounds of divorce? Affirm. Lawrence, William, 1613 or 14-1681 or 2. 1681 Approx. 79 KB of XML-encoded text transcribed from 20 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2004-11 (EEBO-TCP Phase 1). A70542 Wing L692A ESTC R19202 12350808 ocm 12350808 59988 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A70542) Transcribed from: (Early English Books Online ; image set 59988) Images scanned from microfilm: (Early English books, 1641-1700 ; 893:3 or 1724:13) Two great questions determined by the principles of reason & divinity I. whether the right to succession in hæreditary kingdoms, be eternal and unalterable? Neg. : II. whether some certain politick reasons may not be sufficient grounds of divorce? Affirm. Lawrence, William, 1613 or 14-1681 or 2. [4], 35 p. Printed for Richard Janeway ..., London : 1681. Table of contents: p. [3]-[4] Attributed to Lawrence by Wing. This item appears at reel 893:3 as Wing L97 (number cancelled in Wing 2nd ed.), and at reel 1724:13 as Wing L692A. Reproduction of original in Huntington Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. 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Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Divorce -- Early works to 1800. Great Britain -- Kings and rulers -- Succession. 2003-12 TCP Assigned for keying and markup 2003-12 Apex CoVantage Keyed and coded from ProQuest page images 2004-09 Melanie Sanders Sampled and proofread 2004-09 Melanie Sanders Text and markup reviewed and edited 2004-10 pfs Batch review (QC) and XML conversion TWO Great Questions DETERMINED BY THE PRINCIPLES OF Reason . & Divinity . I. Whether the Right to Succession , in Haereditary Kingdoms , be Eternal and Unalterable ? Neg. II. Whether some certain Politick Reasons may not be sufficient Grounds of Divorce ? Affirm . — It was Enacted and Provided out of the Warrant of Ancient Laws , That if any should Affirm , That the Laws and Statutes cannot Limit and Bind the Right of the Crown , and the Succession thereof , every such Person should be Guilty of High-Treason . Camb. Hist. of Qu. Eliz. Ann. 1571 , & 1572. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Erasm. LONDON , Printed for Richard Janeway , in Queens-Head-Alley , in Pater = Noster = Row , 1681. THE CONTENTS The first Question , WHether the Right to SUCCESSION in Hereditary Kingdoms be Eternal and Unalterable ? CHAP. I. That the Power and Authority which Princes , or Supreme Magistrates have , is derived to them from God ; and that , by these several wayes , immediate Deputation , Hereditary Succession , and Election . page 1 CHAP. II. That a Disposition in a Prince , proceeding from Opinion or otherwise , to both the Spiritual and Temporal dammage and destruction of a Nation , maketh a Forfeiture of Right to Succession . p. 6 CHAP. III. That the Forfeiture is made to the Supreme Authority ; that it is none , unless it be taken Advantage of whilst He continues a Subject ; but that a Prince once possest of the Supreme Power , cannot be Deposed : that the same Reasons which Warrant to take the Forfeiture of Him whilst Heir , if it be not taken then , are afterwards of no force against Him. p. 11 CHAP. IV. That Mens throwing themselves wholly on Providence , for averting these Mischiefs , without making use of rational and moral means to prevent them , is unreasonable and absurd . page 17 The Second Question , WHether some certain Politick Reasons may not be alone sufficient Grounds of DIVORCE ? CHAP. I. Of Marriage , its Institution , Ends and Obligation , of its special Rights and Priviledges in the state of Christianity . p. 19 CHAP. II. What is Divorce ? What are sufficient Reasons of Divorce ; And the Words of our Saviour , St. Mat. 5. 31 , 32. & Chap. 19. 9. and elsewhere about Divorce , only for the Cause of Adultery and Fornication , considered and explained . p. 23 CHAP. III. Whether the Case of Princes Marriages be the same with private Mens ; and whether they are not sometimes extraordinarily Indulged and Dispenced with by God. p. 30 ERRATA , Pag. 3. Lin. 15. before the insert of . For Posterity , p. 5. 1. 3. Read Paternity . Immediately , p. 5. 1. 16. Mediately . either , p. 27. 1. 34. neither . a Vowed , p. 28. 1. 33. an avowed . TWO Great Questions . I. Question . Whether the Right to Succession in Hereditary Kingdoms , be Eternal and Unalterable ? CHAP. I. That the Power and Authority which Princes , or Supreme Magistrates have , is derived to them from God ; and that , by these several Wayes , Immediate Deputation , Hereditary Succession , and Election . BEing about to Discourse of a Point both difficult and dangerous , I mean , The Right of Succession to Supreme Authority , whether it be not limited by Conditions , and subject to Alterations ? I shall in the following Dispute use such Caution in Arguing , and that too , from no worse Topicks than Principles of Reason and Divinity , as may , I hope , prove some means of Satisfaction , but none of Distaste . And because this Question about the Alterability of Succession to the Supreme Authority , will receive great Light from a Discussion of what is the Nature of that Right which Princes have to Succession , and the Nature of that Right be Cleared , by a Consideration of him who gives it , and to what Ends ; I shall in the first place state , from what Fountain , Power , and Authority , it is Derived ; by what Ways , and to what End. First , I take it for granted , that no man Naturally and of Himself , has a Right Inherent in Himself to exercise Rule and Government over others ; and all men as to a state of Nature to be Born in the same Degree of equality with one another ; but yet , that most Men are Born in a state of Subjection to some other , comes thus to pass ; because Man , being at the Will , Disposal , and Command of His Creatour , who gave Him Life and Existence , and continues it to him , shall be likewise at the Command of whomsoever the Creatour shall transfer a Right to of Government and Command ; and only of Him : So that supposing God not to have transfer'd His Right of Dominion over Man , or any part of it to any else , every Man is born in the same condition and relation of Equality , ( for though Son-ship doth Oblige to many Offices of Gratitude and Duty , yet not to such a Subjection as we are handling ) and consequently , no one is Naturally a Servant or Subject , nor any one a Prince , till God hath Invested some Person with an Authority of Governing such a number of Men , and all that shall be born of them . The Inference then is plain , that if men should be naturally equal , and no one subject to other , did not God Depute some one Person to Exercise part of his Authority and Government over others ; then , that they are not Equal , is the effect of God's Appointment ; and so all Pre-eminence of Power and Authority , is primarily derived from Him. And that this immediate conclusion from right Reason , is Consonant to God's Word ( and so must all such of necessity be ) I shall quote but one place of Scripture , viz. Rom. 13. 1. Let every Soul be subject to the Higher Powers , for there is no Power but of God , the Powers that be are Ordained of God , &c. This being laid for a Foundation , that all Authority is derived from God ; the next Doubt is , how we shall know to whom He does derive it , that we may give Him due Obedience , and not be imposed on by Usurpers ? And this will best be known , if we consider the several ways , by which God Derives this Power to Men : For we may infallibly conclude , that He has no Authority from God , who did not receive it by those ways by which God Confers it ; and that He is God's Minister to whom we see Providence has Derived it by some such way , as He makes use of to that purpose : and they are these ; His own Immediate Choice and Deputation . Hereditary and Natural Succession of Kindred . And Election by the Common Votes and Suffrages of any People . Of the first sort , were Moses , Saul , and David ; of the second , were Solomon , and Rehoboam , &c. the last was Jeroboam ; though God had also foretold to Him by His Prophet , that He should be King over Ten Tribes , and accordingly v. 20. of the 12. Chap. of the 1 of Kings , All Israel , when they had heard that Jeroboam was come again , ( out of Egypt ) sent and called Him to the Congregation , and made Him King over Israel . Of these three ways of being Inaugurate into the Supreme Power , the First is more Noble and Glorious , for as much as in that , a particular Approbation of the Person by God Himself , is the Reason of his Advance ; but He who Succeeds as next of Blood , owes it to his good Fortune ; and He who is Elected by the People , often to some Policy , whereby He Ingratiated himself ; but sometimes to his Vertues : and of the two last , Hereditary Succession and Election ; the former is more Preferrable , for the inconveniences it avoides , which Elections subject a Nation to : And besides , one time with another , it has produced as many Examples of Vertue and Ability to Govern , as the other . The Right of Government then being once by God Immediately Transfer'd to any one , after His Decease ( unless God immediately by Himself Transfer it to any other , or the Prince do ) Naturally doth pass to the very next of Blood and Kin , and that for these Reasons : Because He who received Authority from God to Govern a People , received it to this end , to procure that peoples Good and Welfare , to the utmost of His Knowledg ; which He would never do , if he took not care that the evils of Anarchy , ( to prevent which God had Crowned Him , ) might likewise be prevented for the future , by translating His Authority at His Death to some other , who might sustain the Government when He was incapable of bearing it Himself ; and on this Reason is founded the Axiom in our common Law , Rex nunquam moritur . Now because Government doth not only intend the Peoples good , but imply the great Honour and Dignity of Him who bears it ; the Prince cannot be supposed to wish so great a Dignity ( if he declare not himself to the contrary ) to any less than Him who may be reasonably supposed most inward in His Affections the next of Kin ; and therefore if He die , His silence shall be taken for Consent that the very next in Blood is the Person to whom for love and custom sake He Propagates His Right : ( by the very next of Blood meaning that Person , who is esteemed so by the Vulgar Account of that Nation ; Opinions as to nearness of Blood , among different People , differing ) and that Princes may exercise their Authority in provision for the Future after their Decease , and consequently appoint a Successor , is evident from hence , because the Laws any one of them makes , are not supposed to cease to be so immediately upon his Death , but to retain their full force for ever after , unless a like Authority repeals them . Before I proceed further , I must speak to an Objection , which possibly may be raised ; That to found the Right of Succession to Government in being lineally Descended or next of Blood and Kin , or appointed by Testament , to Succeed to some one , who Originally , tracing the Line of Princes backwards , derives His Authority from one who Immediately received it , and was Deputed to it by God , is to destroy the Right of most or all Princes , who cannot derive their Authority from such a Predecessor , and that it is to take away the old and common Notion of Supreme Authority , being naturally founded in Posterity : I Answer , that I am of Opinion , that Paternity or Father-hood never did give a Right of Soveraignty over Children ; that before God Actually and Immediately constituted Governours , and that , not upon the Account of Fatherhood , or Men Chose some to themselves , or voluntarily upon certain Considerations submitted themselves , there were no such Persons in the World as Kings , or Persons possest of Soveraign Authority , or pretending to be so merely as Fathers : and that if no Prince can trace His Authority backwards to him who received it from God Himself immediately , yet he may to him who received it , together with the condition of Hereditary Succession for the Future , from God Immediatly , either by the Election of men , for as much as that first Predecessor could not Reign without the Consent of People ( which is the same thing as Choice ) or else to him who took the Advantage of a Forfeiture of their Liberty by some Offence , and so in compensation righted himself by enforcing their Subjection ; which is as good a Title to Dominion as any , especially if by After-Acts and Compacts settled and confirmed . Now , that Election of Princes doth Transfer as full and ample Power and Right to Government as any other way whatsoever , ( which being prov'd , though all Princes may Succeed to such an One as primarily was Elected by the People , will take away all Defect on that account ) I Argue thus , that where God doth not immediatly provide for the safety and welfare of any People by giving them Laws , or a sufficiently authorised Law-giver ; there God , and Nature , and Reason do permit and encourage that People , to procure their own welfare , by what honest means are most conducive to it in their judgment , by choosing or pitching upon a Person or Persons to exercise over them Gods Power and Authority , in order to the publick Good ; and the Person so Elected Acts by Gods Authority not the Peoples , forasmuch as all Power is solely Gods , and therefore no one can Act lawfully as a Governour by any Authority but by Gods , though this Authority may be conveyed to Him instrumentally by a Predecessor or the People ; and as a Successor in the Government , Acts not by the Authority of His Predecessor who had none Originally of Himself , and therefore could not properly give any , ( for He Governed not by His own Authority , but by Gods ; and therefore His Successor Acts not by His Authority who had none of his own , but by Gods , which the other conveyed to Him ) so neither may an Elected Prince be said to govern by the Peoples Authority by whom he was Elected , but by Gods , who empowred these People by right of Nature and Reason , to Depute or Name one to the Government in order to the publick Good , when he himself did not : And such a Prince is subject or accountable to none but God : But if in any Nation the Prince , or He who bears the Title of such , and appears to be so , is accountable to any else , they to whom He is accountable are the Supreme Authority , and He only in Name , not really a Prince . CHAP. II. That a Disposition in a Prince , proceeding from Opinion or otherwise , to both the Spiritual and Temporal Dammage , and Destruction of a Nation , maketh a Forfeiture of Right to Succession . HAving Discours'd of the Principle from whence all Humane Power is Derived , Namely God ; and of the several wayes by which He Conveys this Authority to Men ; that Right and Succession , depends either on the Prince's Will to bestow it on whomsoever He pleases , whether next of Kin or not ; or , in case of Law. to tye it precisely to the next of Kin ( which still is the Princes Will , because his Law ) it may depend on the nearness of Alliance , Or , on popular Election ; the Question lies thus , whether a Prince having Right to Succession , by those Laws which tye it up precisely to the next in Blood or Kin , may not Lawfully and Rightfully , for some Reasons be Deprived of Succession without Injury done to Him , and both Forfeit and lose his Right to Succession ? And this we shall be able more clearly to Decide , after having Considered what Qualifications are necessarily requisite in a Prince , and they are these ; First , To intend and Design the utmost Good of His People both Spiritual and Temporal . Secondly , That Intending and Designing Well , He be not accidentally Disposed either by Opinion or otherwise to both the Spiritual and Temporal Destruction of His People , though contrary to His intent . Now , I Assert , that either the want of the First of these , or addition of the last , is sufficient Reason and Ground to cut off , and alter Succession , and makes Forfeiture of Right to it , which may be taken without Injury or Wrong to the Person so Affected . For the Proof of this position , I shall first shew , that Hereditary Right to Succession is not of it self in its own Nature Eternal or Unalterable ; and Secondly , that the above mentioned Disposition in a Prince , makes a perfect forfeiture of it . 'T is used by some as an Argument , to prove that a Right to Succeed to the Soveraign and Monarchical Authority in Hereditary Kingdoms is unalterable and Sacred , because Monarchy , say they , is of Divine Right , and the apparent Heir to it , having his Right from God , His Right is immoveable . I Answer , that I acknowledg not only Monarchy , but all other Forms of Government to be of Divine Right : because there is no Power but is ordained of God ; ( so the Sanhedrim or great Council among the Jewes being an Aristocracy was by God Constituted to be , and continued for a long while the Soveraign Authority on Earth over them ) But deny , that any person , who by Ordinary Course or Rule , has a Right to Succession , has it from God ; for Succession is Determinable , according to the Will of the Supreme Authority on Earth , and then , He who has Right to Succession , has it by Vertue of those Laws and Determinations of the Supreme Authority which might otherwise have setled it ; and not from God ; who appointed not Him to Succeed , and therefore , gave Him no right to Succession , but he has it from the Supreme Authority on Earth ; in which Authority is comprehended a Power of appointing a Successor , as I before shewed , that is , of giving the Right of Succession to some Person who can receive that Right from none but Him , and may be deprived of it by Him , because he gave it . But supposing ( which I need not ) that He has his right to Succession from God , I deny that he has therefore an unalterable Right , because He has his Right from whence He is to have his Power , from God ; for neither Right nor any thing else is therefore unchangably appropriated to any Man , because God gave it ; for what he gives us , He gives on certain Conditions , on the non-observance of which , the thing given may be impropriated and taken from us ; so Life , which I think a Man may as properly call his own as any thing , is given on Condition of obeying God , else our life is Forfeited , and our right to it lost . So that right to Succession is not unalterable supposing it is Gods Gift ; but contrariwise , is therefore alterable because it is Gods Gift , that is , bestowed and granted on certain Conditions to be performed , which not performed do Forfeit it : So that Secondly , the Heir to Succession having no other Reason for His Right to Succession in the Government , than there is for Government in general , that is , the safety and welfare of Prince and People ; if he be so Disposed as to destroy the Reason of Government , He likewise loses the Reason of Right to Succession in government ; because no one has right to succeed in Government who destroys the very Reason of it , why there should be any Government at all , even the safety of the People which was the Foundation and Reason of his Right ; and he who hath no Reason for a Right hath no Right at all ; and being yet a Subject , ( for the very words , Heir , and having Right to Succeed , imply , that He is not in actual Possession of the Soveraignty , and therefore in subjection ( for between them there is no Medium ) He may incur the Forfeiture of every thing he has as a Subject , and so he has the Right of Succession ; for , though the Heir to one Kingdom may be Soveraign in another , yet is a Subject in the Kingdom to which he is Heir , because he receives Right from another ; and such an one is less than Him who gives it , and therefore subject ; and if he be a Subject , and byassed from the publick good , he is accountable , and may be Censured with Disinheritance . And this the Heir has no great reason to resent in such a Case ; For if he be Conscientiously Disposed to both the Spiritual and Temporal Ruine of the Subjects , He then will exact Obedience to many things which they will in Conscience know to be Sins , and therefore , be Obliged not to Obey ; and so that Prince , had better never have Assumed the Regal Authority , than in his own Opinion be slighted and disrespected , because Disobeyed in what He Commands ( though really it be no Disrespect to be disobeyed in things not within his Command , but the dishonour lies in enjoyning them ) and be forced to turn the Persecutor of his Subjects , to Vindicate the Honour of himself and Commands , and leave his Name to stink upon Earth . But neither is the Person so Disinherited at all Injured ; for , Injury implies Violence to Right , which I have prov'd he Forfeited , and therefore , That Proceeding just ; the whole Argument I will thus sum up : He who is a Subject , ( and so is every Heir to the Supreme Power as Heir , as I hinted before ) is in a capacity of offending the Supreme Power , and then of being punished : He may offend against the present Soveraigns Authority and care of providing for the future welfare of his people , by intending and purposing to do such things as would hereafter prove extreamly Damageable and Destructive to the Nation ; and if He offend in this kind , a more proper Punishment cannot be applied to Him than such an one as will prevent those Mischiefs , the designing of which brings Him to punishment , and that is Disinheritance ; for Civil Punishments ought not properly to be Vindicative , but remedies for preventing Mischief : Or , if His Intentions and Designs are not evident by any Hint or Prospect He has given of them by Words or Actions , yet if his Prepossessions , which Himself owns , are such as Naturally and Necessarily tend and lead him to such Designs and Intentions , as being most nearly conjoyned with them , though outwardly He makes no Declaration of His intentions ; He is , as far as Reason can judg , most dangerously Affected , and uncapable to attain the end of Government , the general Welfare ; Nay , will hereafter , as far as Men can see , do that , which will be Destructive to their Welfare , the end of Government , insomuch as it were the same thing if they had none : Now , He who destroys the end of Government , doth as ill as destroying Government it self , but since that ought to be Eternal , for the same Reason it ever had a beginning , He Forfeits His Right to it , who is disposed to a Nations extreme Hazard or Destruction , to prevent all which is the only Reason he should Succeed in the Government , and that there should be any such thing at all ; which if He will not only not prevent , but is the Person who brings it about , there is no Reason He should Succeed in the Government , he has made a Forfeiture of His Right . CHAP. III. That the Forfeiture is made to the Supreme Authority ; That it is none unless it be taken Advantage of , whilst He continues a Subject ; but that a Prince once Possest of the Supreme Power , cannot be Deposed ; That the same Reasons , which Warrant to take the Forfeiture of Him , whilst Heir , if it be not taken then , are afterwards of no Force against Him. I Above put the Power of Designing a Successor , either at Pleasure , or else by some fixed standing Rule and Law , in the Supreme Authority ; and therefore , if the Designed Successor make Forfeiture of his Right , it can be to none but Him who conveyed it to Him , His Superiour , for none else could Convey it to him ; And for another Reason , the Forfeiture must be made to the Supreme Authority , because the Care of the Future Welfare and Safety of the Subjects , against which He was Disposed , belongs properly to the Supreme Magistrate , and therefore the power of preventing future Mischiefs and taking the Forfeiture , which is the way to prevent , doth reside solely in Him. For although it cannot be denied , but that the People are mainly Concerned in a matter of that Weight , as is their Spiritual and Temporal Welfare , and so might seem sufficiently warranted of themselves to provide for their own safety , as is every one Naturally ; Yet may they use only such Means as are to them Lawful , and as may not prove as Great or greater Inconveniences than the thing they would avoid ; and what such are , I shall presently shew . Every one Naturally hath a Power and Right to preserve himself , not only by Avoiding , or Flying from that which actually Assaults Him , but by standing and defending Himself against it , Nay , by Offending and Assaulting that ; for the others Violence being Arbitrary , that is , exercised by One who had no Right or Authority so to do , was Unjust , and might therefore not only be Resisted , but returned in the same Degree according to the just and natural Laws of Retaliation . and that even Immediately , and by the private hand of the Person Assaulted , forasmuch as the imminent danger could not admit of the delay of expecting a publick Determination : but in case , one be not actually Assaulted ( I speak of private Persons , ) it is not lawful either to Kill or Bind Him , who you suspect will be the Aggressor , but to fly from him is Lawful , Or , to endeavour to perswade him who bears Authority over Him , to take away His Arms , or confine him , or make him give Security for his keeping the Peace ; by this way of prevention , for any one to provide for his own safety , is not only Lawful , but Prudent and Commendable : So in case a Nation fear the future Practices of Him who is now Heir , they may forecast a prevention , by engaging and obtaining of Him , under whose Authority He is , to tye him up by such Rules and Laws , as will put it without his Power to Effect the dreaded Mischief ; or by utterly and totally removing Him out of that Place and Capacity , in which alone he can hurt them : But they themselves have not sufficient Authority to tye Him up by Laws , or Disinherit Him , and therefore cannot do it without Injury ; and if it so come to pass , that the Supreme Authority will suffer him , whom you suspect will Murther You , to bear Arms , and will not confine Him ; if He Assaults you , being a private Man , you have the power of defending your self ; but if the Supreme Magistrate will appoint a Successor over a Nation , who that Nation has good reason to suspect will endanger their Lives and Fortunes , and Corrupt them in their Religion , to the hazard of their Souls , they have done all that lawfully they may , for preventing that Successiòn ; but Violently and of their own Authority ( which is none ) to go about to Disinherit , or Alter the Succession , upon pretence that the Injury done to him is not comparable to the Mischiefs and Injuries prevented ; ( which though true enough , and there want nothing but a competent Authority to alter the Succession without Injury , to the Person Disinherited ) yet still , it remaining an Injury because they do it who have not sufficient Authority , it is a breach of the Lawes of Christianity , which allows not evil to be done that good may come of it , or evil be prevented : And supposing my self to speak to Christians , I hope the Laws of our Religion will be judged to Oblige them , as much as any Civil Lawes whatsoever , for Christians ought to suffer Injury rather than do any . Having then proved this Forfeiture to be made to the Supreme Authority , that the Care and Power of preventing those ' foreboded Mischiefs resides only in it , the Subject ought in Prudence , and Duty to himself , to endeavour their prevention by moving the Supreme Authority to prevent them , but not otherwise ; and if he foresees no remedy , ought to Arm his Conscience from Corruption in Religion and the Spiritual Danger , and his resolution to suffer under the Temporal , and bear Injury when it cannot without Sin be prevented or Opposed : And this submission is not only necessarily enforced from the Principles of Christianity , but grounded upon Civil and Sate-Policy ; for if it were in the Peoples Power to Disinherit whom they would , no Person could ever Succeed , from whom the Multitude might not have Assurance of being Complyed with , in what they pleased ; and Mens desires being sometimes Extravagant and Sinful , great Inconveniences must needs ensue too the Government by the allowance of them ; frequently to a Successor might be Disinherited by the Faction or ill Disposition of the most , by reason of false and scandalous Imputations , which they can hear and believe , but not disprove ; or on purpose , which is sometimes very Be-witching , to shew their Power : and this must needs make a Government unsetled , and dispose it to Anarchy , Ruin and Destruction . Now , upon reflection of the inconveniences of a Power in the People to Disinherit , and of those which sometimes may happen for want of that Power in them , when the Ordinary Supreme Authority which hath Power will not exercise it upon a due Occasion ; some Men may possibly fall into a Rage , accusing their ill Fortune which unavoidably subjects them to Misery on both sides ; and Him , who having Power will not use it to secure them from the dangers they fear ; but if they consider that He who refuses to Gratify them in this , cannot be imagined not to wish & intend his Peoples good as much as his own , and several wayes formerly has procured it , they have no reason to be disaffected to Him for this , since the Cause of his refusal to comply , must be either that he is not so apprehensive of the danger they Dread , and sees no Reason so to be ; or if he be as apprehensive as they , yet perhaps he thinks it not within his Power to deprive the next Legal Heir of Succeeding without injury , forasmuch as He judges his personal Affection or Disposition to any Opinion or Religion , cannot alter and take away his Right ; and either , or both these being the Motives which with-hold Him from proceeding as he is desired , and both pertaining to Conscience , which he must satisfy as well as other Men ; besides , the Consideration of the Kings Heart being in the Hand of God , and particularly directed and turned by His Providence , His Subjects ought to submit to and Acquiesce in his Pleasure ; and so no remedy , but Succeed he must , and the Forfeiture , not being taken Advantage of whilst he remained a Subject , after He is once Possest of the Supreme Authority , cannot then be taken : For , although that Disposition which Forfeited his Right to Succession when He was Heir , may seem to Forfeit his Right to Actual Possession , because no one has a Right to be Possest of that which he had no Right to take into His Possession ; yet the Condition of this Forfeiture is such , that , not being taken , the Supreme Magistrate is supposed not to have judged it a Forfeiture . ; and it belonging properly to his Cognizance to determine , whether it were or no , what he judged was no Forfeiture that he did not take for one , and what He did not take , when he is Dead , no one can take for Him , if to no one he Delegated Authority so to do ; and if a Forfeiture is made to a Superiour , and the Supreme Magistrate neither by himself nor Delegate did take it , no one being Superiour to the Succeeding Heir , no one may take it , either by forcible hindring him to Succeed , or Warring against , or Deposing Him when He is possest ; for the Crown once worn taking away all Defects , as say the Lawyers , and that passing over to the Heir immediately upon the expiration of the Predecessor , all Previous Forfeitures or present Indispositions are of no force against Him , because there is none on Earth Sufficiently Authorised to take advantage of them . God indeed , if he pleases , by Interposing his Immediate Command , may depose Him ; I mean not on the account of His Supreme Intendency over all the World , ( for so He may depose a Prince though he be not so evilly affected ) but according to the rules of Justice and Reason , as an Offender against Him whose Substitute he is , by overthrowing the Ends of Government : but this God rarely doth ; for although Saul for his grievous Offences were rejected by God , yet suffered he Him to live and dye a King without proceeding to actual Deposition , although Samuel had told Him from God , that the Kingdom of Israel was rent from him , that is , from his Tribe and Family . If it be Objected , That though the Predecessor by a particular application of his Will did not take the forfeiture , because he did not see it , or believed it not ; Yet generally he must be supposed to Will and Design the taking it , forasmuch as he Wills and Designs the Publick wellfare ; and so , though not by a Special Act , Yet by his General Intention of the Peoples good He must be supposed to have taken the advantage of it . I answer , That this will not stand good in Policy , as it may do in many other things ; because such a belief would put it in the Peoples Power at their pleasure to Disinherit and Dethrone whomsoever they would , forasmuch as they might frequently upon Distaste , pretend him to have made a Forfeiture , who made none , and so depose him under the Colour of the Predecessor's Implicite and General Will to Disinherit him : and this is so great an Inconvenience and Danger to the Publick , that it 's far more eligible to run the hazard of Sometimes having a bad Prince , than of having good ones turned off as bad , or of suffering such ill Consequences as War , and Bloodshed , and an Unsettled Kingdom , which must attend an attempt to depose even bad Ones , since there is no one but has some Adherents . The Scriptures command Servants Obedience not only to Gentle , but froward Masters , Applaud Suffering Wrongfully ; and the Primitive Christians did so , even when they were strong enough to resist , and the Souldiers were content to be decimated , and to lay down their Armes , to be wrongfully put to Death , that is for a cause not deserving Death , for professing the Christian Religion ; which plainly proves that both the Apostles , and Primitive Christians , who were as well Catechised in the Principles of Religion as we can pretend to be , thought it an Article of their Faith , that it was not lawful for Subjects to Depose or Resist the cruelest Tyrants , though endeavouring their Spiritual destruction by obliging them to Idolatry , and their Temporal by Proscribing them , by Imprisoning and Murthering them if they refused : and this we call Passive Obedience , that is , submitting to the Supreme Authority's pleasure even when we are Injured rather then Rebel against Him. And thus much to shew , that if the Heir be not Disinherited whilst He remains so , it will afterwards be too late , and in reason and justice Impossible . CHAP. IV. That Mens Throwing themselves wholly upon Providence for Averting these Mischiefs , without making use of Rational , and Moral Means to prevent them , is Unreasonable , and Absurd . THe Country-man in the Fable who called upon Hercules , to draw His Cart out of the Mire in which it was set , was bid to apply His own Shoulders to it , and thrust , if he would have it out . Many there are , who Idely rely upon Providence to save them from the Dangers they foresee , but will not step a foot themselves , or use the least Industry and Care for preventing those Evils ; and because nothing comes to pass without Gods Permission , imagine therefore that nothing is done without His Appointment ; and on this account leave it wholly to him to Provide for their Safety . But this careless Opinion I much dislike ; because it often brings Men into Misery , by making them to neglect those Means for their Safety which God frequently puts into their own hands , and so they are undone for want of Care , for presuming God will Save them without the least of their Caution and Circumspection . Nay , sometimes there may be some , whose Honours , Lives and Fortunes , must stand or fall with a present Condition of a Nation ; who know in their Hearts , and are sure , if the Times turn , unless they will turn with them ( which 't is Reasonable many times to believe they may not ) they must lose both Lives and Fortunes , and the Spiritual Welfare of all the Subjects be Endangered ; yet they are not content not to endeavour the Disinheriting a Successor , with whom all this Mischief comes in , upon a Scruple , that such a Disinheriting is Un-lawful ; are not content fairly to give way to such a Successor without Opposition ; but are His best Friends , Court and Complement Him most at every turn , and take occasion from their Opinion of the unlawfulness to Disinherit Him , to be the strongest maintainers of Him ; which is both Imprudent and unreasonable Flattery ; drudging for one who Laughs at their Sedulousness to their own Ruin. In any Nation , if there be any in such a case so mad , they must not think themselves e're the Honester and Wiser for Courting their own Destructions ; submit one would , where it was unlawful to resist , but not invite Him who was to do one a Mischeif . T is to be Confessed , that Disinheriting a Prince , perverting the Lineal Succession , is a dangerous Precedent , because of the ill Consequences it may draw with it ; the Right of Succession ought to be Sacred , and not toucht or medled with , but with the greatest Reverence and Caution , and upon weighty Considerations ; but when once People have prevailed on a Prince , to Disinherit a Legal Heir for real and great Causes , they may often afterwards prove humoursom ; and sometime for no Causes , or not equal , exact and require the doing of it , because they have an Example and Precedent : This , I say , is a great inconvenience , but is unavoidable ; because , as long as Men are Men , they will be subject to Faults ; but yet I suppose it not Impossible , but such Laws and Rules may be stated and provided , whereby to procede in such Cases , as would much Alleviate this inconvenience : But shall leave that to Wiser Heads to Determine what they must be . And so much of the First Question . The Second Question . Whether some certain Politick Reasons may not be alone sufficient Grounds of Divorce ? CHAP. I. Of Marriage , its Institution , Ends , and Obligation : Of its special Rights and Privileges in the State of Christianity . I Am very Sensible , this Second Question carries so much the more Difficulty than the First , as it has been less Controverted , and consequently less Understood ; that it lies under a far greater Disadvantage , by reason of the many more Actually Interested and concerned in it ; the Right of Marriage being more Mens , than is Right to Succession and Heir-ship in Government , and they generally Prejudicated in their Opinions about it ; And lastly , so much the harder Case , as it concerns the Dispossession of those who are Actually in Possession of a Right , and so owned to be ; but the other only the prevention of Succeeding into such Actual Possession . But in order to its Discussion , I will proceed in the same Method I used in the First , that by inquiring into its Institution , Rights , and Ends , we may better judg of the true Causes of its Dissolution . The Institution of Marriage seems not to have been Occasional and by accident , as the appointment of most things by God was , but Cotemporary with the very Creation , and Formation of man it self ; so that He was no sooner shaped into the form of Body which we see he has , but he seemed to be Incompleat and Solitary , till such a Companion were given him ; for the use and enjoyment of which , in order to another end , Procreation , His Body both in its inward and outward Fabrick , provision and design of Nature appeared to have been purposely Framed , and by it self , as to that end , to be useless and imperfect : Nay , Marriage must have been Instituted , and Pre-ordained , even before Mans Creation ; for if God , when He said , Let Us make Man , had an Exemplar or Idea before Him , of what manner of Creature He was about to make , He then both saw , that the Creature He should make according to that Pattern , would want such a Companion , because of his inability to procreate without Her ; and yet , for which Procreation his Body appeared purposely Designed , by reason of its proper , natural , and convenient Composure for it ; Nay , further , Designedly and on Purpose made him such a Creature , as should have such a Companion in order to Procreation , because else , all that Aptitude and Structure which now serves to that end , would have been useless ; and God have done , what He and Nature never do , something in vain . Now the Institution , or Reason of Ordaining Marriage , depending on its End ; and its Immediate , and Natural End , being Procreation and Propagation of a Species of Creatures , and Man's Body apt and suitable for such Procreation , at the Moment of His formation Compleated ; it follows , that at the Moment of his formation Compleated , when he was an apt , and fit Creature for the End of Marriage , Procreation , the Institution of Marriage , if not before , yet then Commenc'd ; because the Natural Frame of Man , did Necessarily suppose such a thing as Marriage ; and therefore , its Institution was Original and Natural , not Occasional : it was designed by Nature , it self , and therefore needed not to be Instituted with any formal Ceremony , Law , or Circumstance whatsoever . I confess , that a secondary end of Marriage , namely mutual Society , help and Comfort , seems to have been Occasional : for after God had made Man , and placed Him in the Garden , He said , Gen. 2. 18. That it was not good that Man should be alone , that He would make Him an Help meet for Him ; as if , upon consideration of his Solitariness , as having no Creature capable of Conversing with Him , He resolved for remedy of that evil , to give Him a Wife : and Adam in the 23 ver . of that Chap. gives another Reason , why a Man should leave his Father and Mother , and cleave to his Wife ; because she was taken out of Him , was Bone of his Bone , and Flesh of his Flesh ; not that this was the only Reason of Marriage , because Woman was taken out of Man ; but that it should be a strong Motive of Love and Inclination to Woman , because she was a piece of Man himself , and therefore He should prefer Her before the Dear Relations of Father and Mother . By which very words , Father and Mother , Adam seems to have understood the end of Marriage to be Procreation , and what Procreation was ; else He could not have known what the words Father and Mother signify ; unless you will suppose those Words not Adams , but the Holy Pen-mans by a Prolepsis . From what has been said , 't is clear , that the two great Ends of Marriage are Procreation , and mutual help ; and that He who Marries , is Obliged to intend none other but those Ends. Having shewed , that the Institution of Marriage was Cotemporary with Mans first Creation , that the natural Disposition and Frame of Mans Body , was its very Institution in Nature it self , without further Ceremony , Law , or Circumstance , that Adams Marriage was Consummate , and Perfect without such ; yet now since the World is Increased , there is something more requisit to be done , I mean , as to the Contracting , and Solemnization of Matrimony . For when there were none in the VVorld but one Man and one VVoman , and both naturally loving one another , Circumstance and Ceremony were needless , since they are significative only of our minds to others , but there being no others but themselves , and their minds sufficiently known to one another , from the very inclinations and dispositions of Nature , as Man and Woman in general , and there being no other VVoman for Him to take , or Man for Her ; I say , neither Nature nor Reason could require Circumstance and Ceremony as convenient or useful : but now they must be used as signs and tokens of Consent , that such a particular Man and Woman do agree to Marriage , and to prevent Defrauding one onother by denying the Marriage , ( which , if done in secret between themselves only , either might ) and to prevent any ones wronging of either , by intruding upon the Right of either ; which is better secured and known , by being Publick and Solemn , and Acted before VVitness . Further , because all words do not equally express Consent , but some more , some less ; 't is likewise convenient , a determined form of words , whereby to express Consent validly , should be Authorised , and so all refuge to Equivocation , and dubious Interpretation of former Promises might be avoided . And to the end , that the Persons consenting to Marriage , might have the stronger Obligation to stand to their Promise , it was thought fit , they should mutually Promise each other , as far as lies in their Power , before God Himself , in the Presence and Hearing of one of his Ministers . So then , the Ends and Reasons of Marriage , is Procreation and mutual Help ; an inducing Motive is the natural Love Man and VVoman bare to each other , as being originally Flesh of one anothers Flesh ; the Essence or Actual Contract of it consists in Consent , and several outward Circumstances , are requisite for its Confirmation ad extra , and may not ordinarily be neglected without fault , because they are wholesome and useful Appointments . I have been the longer on this Head , because the Notion of any thing being first clearly and at large laid down , 't is easier after to pass a judgment on it ; and that I may pass by nothing which concerns it , I shall Observe what Advantages and Privileges Christianity has raised it to , beyond what it has in Nature , or in Judaism . It is become the Representation of that Holy Union , Love and Obedience , which is betwixt Christ and His Church , and therefore is accounted now a more honourable Estate than formerly ; forasmuch as neither the Jewes nor Heathens tied themselves up to strict Marriages , but using Polygamy , did , as it were , prostitute and dishonour the Marriage-Bed , which became thus common to many ; but now the Marriage of two Persons during Life , is enobled and recommended by that Similitude of Christ and His Church ; the first owning no other Spouse , the last no other Lord : Besides , that Marriage is not now so easily dissoluble as among the Jewes , nor for such slight Reasons ; and lastly , there lies now an Obligation on each , to Procure , as far as they can , not only the others Temporal , but Spiritual Comfort and VVelfare . And so much for the Nature , Institution , and Duties of Marriage . CHAP. II. What is DIVORCE ? What are Sufficient Reasons of Divorce ; and the Words of Our Saviour ? St. Matth. 5. 31 , 32. and Chap. 19. vers . 9. and elsewhere , about Divorce , only for the cause of Adultery and Fornication , Considered and Explained . MArriage , although so strait an Union as nothing more , yet admits of a Dissolution , commonly called Divorce ; that is , a Separation of both Man and VVoman , so as to return into the very condition of Liberty , and Singleness of Life , in which they were before their Marriage ; but this , not lightly , but on great weighty and high Considerations : And this is by the By to be observed , that every Separation of Man and VVoman after Matrimony outwardly Solemnized between them is not properly Divorce ; for Divorce is only a Separation of Persons , who according to the intent of outward Solemnization , were really and perfectly in a state of Marriage , and that , so as to return into a state of utter Disobligation or Non relation one to the other : but a Separation of Persons not perfectly Married , or of Persons Married if not for ever , so as both shall remain disengaged , is not properly Divorce . When therefore two Persons are Separated and Disjoyned , because the one is naturally Impotent ; that is , in Body not Perfect Man or VVoman , ( for by natural Impotency , Age , VVeakness , or Barreness is not to be understood ; for they are to be born with ; but an imperfect or monstrous Body . ) Such Separation I say , is not properly Divorce , because none are Divorced but Husband and Wife ; and such were not they : For since none are Husband and Wife , but they who are perfectly Married ; and the firm Contract of Marriage depend not only on the Consent of the Parties , and Solemnization , but on a supposition that they are what they are taken to be ; that is , perfect Man or Woman ; ( for Marriage supposes the joyning of such together ) if either be naturally Impotent , that is , not perfectly Man or VVoman , the other is imposed on , and the Consent of that Person to have married a Man or Woman , shall not be adjudged Valid , so as to imply that Persons Consent to Oblige to Cohabitation , with one who is not Man or Woman , whom alone that Person did Consent and intend to have in Marriage ; and therefore , such are not joyned together by God and Nature , since Nature Abhors such a Conjunction ; but without more adoe , are Actually Single . Secondly , If for other Reasons , a Man and VVoman perfectly so , and Married , do Part ; that parting is not a real Divorce , so as to be Disengaged from each other ; for thus St. Paul , 1 Cor. 7. 10 , 11. And unto the Marryed I Command ; yet not I , but the Lord ; Let not the Wife depart from Her Husband , but and if she Dapart , let her remain unmarried , or be reconciled to her Husband ; and let not the Husband put away his Wife : In which place St. Paul first Exhorts , that there be no Separation between Man and Wife , that is , that they should not Disagree , so as to part from one another ; but if such a Case ever happens ; that their Separation for such a Reason , is not Divorce , doth not dis-unite them , but that the VVoman continues the Mans VVife still , notwithstanding this Separation , and ought not to marry any one else , but that a Reconciliation should be Endeavoured , and both return to each other : but by the last words , Let not the Husband put away his Wife , is not to be understood , as if a Man might by no means , for no Cause , Totally Divorce his VVife ; for even our Saviour allows Adultery and Fornication to be a sufficient Cause ; Matth. 5. 32. and 19. 9. &c. In the first place in these VVords , I say unto you that whosoever shall put away his Wife , saving for the Cause of Fornication , causeth Her to commit Adultery ; and whosoever shall Marry her that is Divorced , committeth Adultery : In the last place thus , I say unto you , whosoever shall put away his Wife , except it be for Fornication , and shall Marry another , Committeth Adultery ; and wboso Marrieth her which is put away , doth Commit Adultery : which Exception of the Case of Adultery , plainly Proves , that Divorce for some Cause is Lawful , namely for that . But because these Places are generally understood in that rigid Sence , which the VVords without due Attention , seem to bear , as if no other Cause whatsoever but Adultery and Fornication in the VVoman , is sufficient Cause of a Total Divorce , and so 't is impossible that my Policick Reasons should be sufficient Cause ; I shall clear the Sence and Meaning of the VVords , First , Observing , that even Adultery it self is partly a Politick Reason of Divorce ; forasmuch as Marriage is Instituted for Propagation , and that is mischiev'd , and hindred by nothing more , than promiscuous Embraces ; and thence Accrues great Dammage to a Common-Wealth , and its politick Good. Besides , if the VVoman do sometimes prove with Child , it being possibly anothers , it shall however be obtruded on the Mothers Husband to Maintain : She then who is found Guilty of this high Crime , shall be Finally Dismist , as one who perverts and hinders the end of Marriage , and endamages the publick if she have not Children ; and if she have , greatly injures her Husband , both by disposing of her self to another , who was Rightfully only His , and probably burthens Him with what ought naturally to be anothers Charge . But to clear the Sence of the above Cited Places . In the 19. of St. Mat. Ver. 3. we have the Pharisees coming to our Lord , and tempting him , by proposing a Branch of Moses's Law , to try whether he would contradict it ; and then they had sufficient reason of Accusation against him they thought . They Asked him ; Whether it were Lawful for a Man to put away his Wife for Every Cause , according to what is written in Deut. 24. 1. When a Man hath taken a Wife , and Marryed Her , and it come to pass , that she find no favour in his Eyes , because He hath found some Uncleanness in Her , then let him write her a Bill of Divorcement , and give it her in her Hand , and send her out of his House . The Law gave License to put away Wives for Every Cause , for every Dislike ; for not finding Favour in their Husbands eyes , for no greater cause than not pleasing their Humour : What thinkest Thou , Is it Lawful or Agreeable to the Rules of Equity and Reason , as well as to the strict Letter of the Law ? And this Their Question he thus in effect Answers : That such Reasons as these , for which Moses allowed the Jewes to put away their Wives , were not Reasonable nor Equitable , but Extorted from him by them , whose hardness of Heart would be content with nothing less ; and therefore it was better the Law should be Remitted , and so their hardness become more pardonable , as not being an Offence against any Positive Law , but allowed of : But for the future , Divorce shall not be Lawful for any of those Petty Reasons , but for no less than Adultery , which the Law judged so Heinous , as to punish with Death it self ; but , as all Rigors in the Gospel are Mitigated , so now Adultery shall be punishable only with Divorce ; or else , because the Jews now cannot put any Man to Death , have lost Jus vitae & necis ; they shall punish it by Divorce , which remains in their power . The whole Scope and Design of which Answer , I judge to be This ; That the Jewish Rigor and Moroseness of Divorcing their Wives for every petty Dislike he did not only not approve , but hereafter would not have Adultery it self punisht so severely as formerly , with Death , but only with Divorce ; and that Divorce was punishment great enough for Adultery ; and that nothing less than Adultery does deserve to be , & must in the Gospel-state be punished with Divorce . And that this Answer does not suppose , but that Offences as great as Adultery , may deserve it as well as Adultery ; nor deny , but some Offences may be as great as Adultery , I have this Reason to think ; because , in the 6th . Verse , Christ sayes of Man and Wife , That they are no more Twain , but One Flesh , and that Man should not put asunder what God had joyned together ; which being generally spoken of all Husbands and Wives ; ( for , All God hath Joyned together ) one might conclude , that because All Husbands and Wives are joyned together by God , and no man must put asunder what God has joyned ; therefore it is not Lawful to put them asunder for any Cause whatsoever , no not for Adultery , because God did once joyn them together ; which being contradictory to the Permission he gives afterwards , for the cause of Adultery , plainly shews , those words are not to be understood in a strict and literal Sence , which excludes even the cause of Adultery . And therefore it is reasonable to suspect , That it s not being Lawful to Divorce but for the Cause of Adultery only , is not either strictly and literally to be understood of Adultery , and only that ; but that nothing less than Adultery is a sufficient cause , not denying , but something may be as great . I shall state a Case , which I will leave others to Judge , whether it be as Great or no. Suppose two Persons of different Religions Married , and one by the avowed necessary and immutable Principles of His or Her Religion , firmly Believes the other to be in a State of Heresy , Damnation , and Enmity to God and true Religion , and that Faith may lawfully be broke with that Person ; that 't is Lawful , Nay , highly Commendable to murther that Person , because His or Her Religion , by this Act , is according to all moral Certainty , sure to be Propagated ; which to promote , as far as in this Person lies , is an indispensable Duty ; and to compass , is to rescue Multitudes of Souls from Hell , and to cover and expiate for all this Persons private Sins , and to secure to Him or Her self Heaven and Gods Favour , by so meritorious an Act : that there is no other probable way of effecting this great VVork but by this means ; that to die in the Attempt , or failing of Success to be afterwards put to Death for it , is a most glorious Martyrdom . I should think a Person in the same Kingdom , City , House , but much more Bed , with such an one , to be very un-secure ; and if the Person escapes , it can be Attributed to nothing but the others extreme Faint-Heartedness , which one can scarce Imagine any guilty of , who is prepossest by such winning , prevailing , and strong Motives , as these I have been mentioning : And therefore , between a Sinful , Amorous and Adulterous Love of a Stranger , if it remain still within the Heart , and has not proceeded to Actual Commission ; and such Principles as believing it Lawful and Meritorious to Murther an Husband or wife , as to the Influence they have on Marriage in order to Dissolution , there is no other difference but this ; That a Man must expect the Actual Commission of Adultery , the bare intention or desire of which is not sufficient Cause of Divorce ; besides , that it proceeds not from a Vowed Principle , that 't is Lawful and Commendable so to do , and therefore that intention may alter ; but the imminent danger from those other Principles as fixt and unalterable , will not admit of that Delay until the Fact be Committed . Separation therefore from such a Person , as to all Society and Converse , is immediatly Necessary , and always , is Natural and agreeable to Reason , forasmuch as 't is for the preservation of Life ; and a Separation warranted by Reason to be perpetual , cannot suppose any mutual Obligation , Tye or Relation whatsoever in Reason to remain between them whom good and justifiable Reasons have perpetually Separated ; and therefore being thus Separated , not accidentally , but by moral and reasonable Necessity , there shall not remain an Obligation to the Person so Necessitated to remain Bound to the other in the Tye of Marriage ; the Duties of which 't is impossible for one to Satisfy and Perform , because it is absolutely rendred useless by the other : and for disengagement in such a Case as this , there is both Ground and Countenance in Scripture ; we have these Words in the 15 Ver. of the 7 Chap. of the 1 Epistle to the Corinth . But if the Un-believing depart , let Him depart ; a Brother or Sister is not under Bondage in such a Case : Whence I argue thus , if upon the voluntary Departure of a barely Un-believing Husband or Wife , either from other , neither is so tyed up , but that in such a case of Separation and Departure , a Christian is not in Bondage ; that is , remains not Obliged under the Yoke of that Marriage which the other by final Departing , has Dissolved , but may Marry ; Shall not then the Necessitated sending away or Dismission of a Person for the Reasons I have mentioned ( since 't is the same thing , whether a Person depart voluntarily , or force himself to be sent away , because the person who caused the Separation must be judged to depart ) ? Shall not such a Necessity release a Brother or Sister , a Christian , from being bound , and leave Him or Her at their Liberty to Marry if they please ? The only difficulty is , whether one Person believes the other to be throughly so Principled or Perswaded , as that Religion of which that Person is a Member , teaches , and as is necessary to justify the Divorce . CHAP. III. Whether the Case of Princes Marriages be the same with private Mens ; And whether they are not sometimes Extraordinarily Indulged and Dispenced with by God ? IF the Case , I in the last Chapter put , were a Princes , no doubt but that would Aggravate it with Circumstances , as peculiar to Princes as is their Charracter and Authority ; For a Prince being not only an Husband but a Soveraign , such Principles would be more than doubly Pernicious , because they are directed against a Person , who is not only in a twofold Capacity , and therefore doubly Injured , but likewise , because imagining or believing the Destruction of a Prince to be Lawful , is it self an higher Crime than the same belief concerning a private man ; because His Right in his Wife as His Subject is more immediate from God and Absolute , than as he is Her Husband ; the Right of Dominion being greater than that of Propriety and Use. Besides , the endangering such a Person is not Confined to His own Detriment , but involves all his Subjects in it , as those whose Welfare depends on their Head and Protector ; and either the utter Ruin , or extreme Danger of the whole Nation attends His Destruction , especially in the Case of being morally certain after His Death , to be both Spiritually and Temporally enthralled : And therefore , such a Case would so much the more warrant a Divorce , as the breach of a far greater Obligation is more notorious , and of more dangerous Consequence , and less capable of Delay , and a stronger and more necessitating Reason to put her away , supposing the Wife to be so Principled as to give just Occasion of such fear and necessity . 'T is possible , I consess , that one Externally of such or such a Profession may not be so in Heart , or may not be seasoned with those Doctrines which the Presidents of that Religion judg too apparently startling to Communicate to some of their Disciples : but nothing there is but may be susspected and feared from some mens Importunity , Cunning , Boldness and Impudence . But I will not Insist upon this supposed Case any longer , which under all these Aggravations must needs imply the Lawfulness of Divorce , which I think I can infer Allowable in a Case more moderate , and of less evil Aspect . For I will imagine the Consort not so dangerously disposed and affected , nor to Design any such thing ; but that the Prince having no Heir of his Body , to Succeed , to be Instructed in such a Religion and Principles , as will incline Him to procure the Peoples real good , and that such a destructive and dangerous Religion naturally falls in with him who is the presumtive Heir , as they call it , that is the next of Blood or Kin for want of a nigher ; and that this Princess or Queen never had , nor , morally speaking , ever can have , and bring forth an Heir to be so Instructed and Succeed ; and this Conjecture for the Future , grounded on the time past ; because she had none then when it was more probable and natural , and without such an Heir so much danger and destruction imminent ; the Case thus Stated , I say , prevention of Mischief , which could not give the People Authority to Depose a Prince , because though they may be Injured by Him , yet they never can have Authority to vindicate themselves against Him ; will however give a Prince , who has a full Authority over all , Power and Warrant to Divorce a Wife , as being unavoidably and necessarily forced thereto , though not by Her self , or own Principles , yet so accidentally , as is inseparable from Her Marriage ; and this necessity is unavoidable , because 't is absurd , that a Prince should suffer His People to incur such great danger and destruction knowingly , upon any pretence whatsoever , and therefore is not to be supposed : For the Christian Maxim of not doing Evil that Good may come of it , would be mis-appli'd here ; for , a private Interest or good standing in Competition with the publick , ceases to be a real Right if inconsistent with the publick , inasmuch as every Subject doth implicitly and tacitly relinquish His Right , Possession and Pretentions to every thing which cannot consist with the Common Good ; and then to make void such a Right , is not to do Evil , and so the necessity remains unavoidable ; but still with this Proviso and not else , That the Prince may proceed thus , if He believe the probability and certainty of such a destructive Religion's coming in , if He Die without other Heir than He has already ; Or that , if it do come in , He believes it as Dangerous and Destructive as others do : else His Conscience is bound , and He Obliged to follow it . In the last place , to strengthen the belief of this Maxim , on which the stress of the Dispute depends , that what was once a Mans full and undoubted Right and Propriety , if it ever after prove utterly inconsistent with the publick Good , finally ceases to be His Right or Propriety ; and that to deprive him of the Possession of that thing , is not an Injury , nor doing Evil that Good may come of it , I will in short , endeavour to make out , by shewing , That God doth Himself Dispence in such Cases , with Princes forc't Actions . I might insist on a tacit Consent of every Subject to this purpose , because Government is not Fixed and setled without such a Consent , but shall rather conclude with the strongest Proof , the Authority of Scripture . The Apostles had a Power given them by our Saviour , That what soever they did bind on Earth should be Bound in Heaven , and whatsoever they did loose on Earth should be loosed in Heaven ; and whosoever Sins they did Remit they were Remitted , and whosoever Sins they did Retain , they were Retained . Which Apostolical Power of Loosing and Binding , Remitting and Retaining , the Learned observe , and Expound to be the power of admitting into the Number and Fellowship of the Faithful , upon Repentance , and Exclusion or Banishment from it for Sins Scandalous , and putting them into a state of unworthyness , to partake of the Christian Mysteries , and be reputed a Member of Christ ; and this is called Excommunication ; from which too , upon unfeigned Repentance , they had Authority to Release ; now this Power is commonly called the Power of the Keyes , is an ordinary jurisdiction derived from the Apostles to their Successors , who exercise such an Authority to this day . Now , This jurisdiction seems to derive from the abovementioned Texts , on which 't is grounded , so universal an extent , as if no one whatsoever , not Princes themselves , were exempt from it , the words Whatsoever and Whomsoever being Universal ; and in common Speech Excluding none , but comprehending all . And some men , namely the Romanists , who catched at the least outward appearance or countenance from Scripture for erecting the Popes Unlimited Power , suppose these places of Scripture to confer on Church Governours a Jurisdiction , Authority , and Right of Government over Princes Themselves , so as to Censure , and Actually Excommunicate them ; because 't is said , That Whatsoever they did bind on Earth , should be bound in Heaven : But neither in the Apostles practise nor examples of Antiquity can we find ever such an Authority to have been exercised over Princes , though no doubt , occasion might often enough occur . And Conformably to this , the best Reformed Church , ( I mean That of England ) Teaches , That 't is not Lawful to Excommunicate Princes ; that is , denounce them to be No Members of Christ and his Church . For , although this Power is for Edification , and not for Destruction ; and no doubt every Christian Prince , like every other Private Christian , is intrusted to the care of some Spiritual Pastor or Pastors to Instruct him , and give Account for his Soul , if it be lost through their default ; and therefore they might seem to have Power of using all means for His Salvation as they may for others , and this of Excommunication being such , they might therefore Excommunicate Him ; ( I mean not from the Visible Company of the Faithful , for that they cannot , but from Participation of the Mysteries and Ordinances of our Religion , and from being a Member of Christ's Invisible Church ) ; But this neither they did nor we do , on this Supposition , and Maxim in Divinity , that Princes are , and ought to be Exempt from common and ordinary Rules , which others are Subject to , if so be the Obliging a Prince to those Rules , would be occasion of Dammage and Danger to the Common-Wealth , as subjecting him to Church-Censures , tho never so deservedly , would necessarily be ; for it would look as if he had a Superiour on Earth , though really it were only a Superiours Delegate ; and subject Him to be despised and slighted by some , who would value themselves above him , as not so near to Gods Favour and Commnunion as themselves ; it would occasion discord between the Prince and the Church , and hazard the taking away all just Authority , nay , the expulsion of Christianity it self : and therefore rather than endanger the publick Peace and Tranquillity , the Prince should be Exempt from an Ordinance and Institution of Christ Himself , which in Reason doth touch Him as well as any else ; Will it not then follow , that rather than manifestly hazard the both Spiritual and Temporal good of His People , a Divorce , being the only remedy , may as well be warranted ; and He as well freed from the dangerous Tye of Marriage in such a Case , as from Excommunication it self ? Nay , we find God himself Dispensing with an Eternal and Natural Law for the sake of the Publick Spiritual Good. God Dispensed with the Natural Law of doing no Murther , and that within the near Relation of Father and Son , and commanded Abraham to flay Isaac , that He might thus give a rare Example of his Faith for all the Church of God afterwards to imitate , both Jewes and Christians : and David in extremity of Hunger was Indulged , and that not immediatly by God , but by the prudential rational deduction of Ahimelech the Priest , that a Case of necessity did sufficiently Dispense , was Indulged , I say eating the Shew-bread against a positive Law , that none but the Priests alone should eat it , and yet did not do Evil , in eating the forbidden Bread , that Good might come of it , the preservation of his Life ; and that was all the good it did , because his Life , at that time not being King , had no other Influence on the publick Good , than as afterwards he was to be King. I Conclude therefore , that if not only the publick good cannot be procured , but the greatest and highest Mischiefs be prevented without the Divorce of a Person whose Marriage hinders the only remedy and prevention of those great Mischiefs , introduction of Idolatry , Superstition , and Defection from the true Religion ; that a perpetual Separation of that Person from the Prince is made necessary to the avoiding those Mischiefs , and because those Mischiefs must and ought to be , and may lawfully , by this way of Separation be Avoided ; ( Christianity it self , for the prevention of like Mischiefs dispensing with Him in another as solemn an Ordinance of Religion , ) this Separation so necessitated shall not leave any Tye or Obligation on the Prince which is inconsistent with perpetual necessary , not accidental Separation , and such a Tye is Marriage , but that the Prince is thus dis-ingaged single and free to pursue the averting those dreadful , destructive , and otherwise certain Mischiefs which would Ensue to the ruine of the greatest Publick Good , both Spiritual and Temporal ; the procurement of which cannot be prejudiced by any private Interest or Right , for that ceases to be so , when it stands in competition with the Publick ; but dispenseth with the Annulling that Right and Propriety , by a prudential , rational , and true Inference from an unavoidable Necessity . FINIS . 
A20684	----	Of diuorcement A sermon preached at Pauls Crosse the 10. of May. 1601. By Iohn Doue, Doctor of Diuinitie. Dove, John, 1560 or 61-1618. 1601 Approx. 98 KB of XML-encoded text transcribed from 39 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2004-11 (EEBO-TCP Phase 1). A20684 STC 7083 ESTC S116967 99852182 99852182 17491 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A20684) Transcribed from: (Early English Books Online ; image set 17491) Images scanned from microfilm: (Early English books, 1475-1640 ; 1446:20) Of diuorcement A sermon preached at Pauls Crosse the 10. of May. 1601. By Iohn Doue, Doctor of Diuinitie. Dove, John, 1560 or 61-1618. [14], 62 p. Printed by T. C[reede], London : 1601. Printer's name supplied by STC. A sermon. Reproduction of the original in the Union Theological Seminary (New York, N.Y.). Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. 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Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Divorce -- Early works to 1800. Sermons, English -- 17th century. 2003-12 TCP Assigned for keying and markup 2003-12 Aptara Keyed and coded from ProQuest page images 2004-07 Rachel Losh Sampled and proofread 2004-07 Rachel Losh Text and markup reviewed and edited 2004-10 pfs Batch review (QC) and XML conversion Of Diuorcement . A SERMON PREACHED AT Pauls Crosse the 10. of May. 1601. By Iohn Doue , Doctor of Diuinitie . LONDON Printed by T. C. 1601. The Preface . I Had not published my late Sermon , the world beeing alreadie so full of bookes , had I not bene mistaken by some which vnderstood it not , & vniustly traduced by others which heard it not , reporting of it , as they would haue it , and not as I deliuered it , not so much offended with the Sermon , as with the Preacher . They take exceptions : Against the matter , as if the doctrine were not sound . Against my words , and maner of deliuering it , as irreuerend , because I presumed not onely to speake against Beza without crauing pardon , without ascribing praise and commendation otherwise due to his great deseruings , but also to passe him ouer slightly , calling him by his bare name , without addition ; as if so doing , I did Peccare contrà formam sanorum verborum , not keepe the patterne of wholsome words . Against the text it selfe , as vnseasonable for the time , and vnpleasing to the auditory . Against my diuision and reading of the text , as straunge and insolent , the like neuer heard of before : as if I had offered violence to the holy scriptures . I answere with the Apostle : I passe litle to be iudged by you , or of mans iudgement . I haue builded vpon no other foundation then that which is already laid , that is , Iesus Christ : whether I haue builded gold , siluer , pearles , or timber , haye stubble , whether my worke will abide , and proue such for the which I shall receiue wages , or not : let it bee made ●a●●est , I feare not that day , I refuse not the 〈◊〉 tryall , which is the onely true iudge of all mens workes . The holy Ghost hath taught me in the meane while that the Ministers of Christ must passe through many things , honour and dishonour , good report and bad report , as deceiuers , and yet true . M. Beza cannot blame me for dissenting from him , because he hath done so by S. Augustine and all the Fathers : nor for vsing his name without addition , because hee hath done the like by S. Paul and all the Apostles . I dare not follow S. Paul farther then hee is a follower of Christ , and therefore must dissent frō Beza when he dissenteth from Christ. I was not then ignorant how thanklesse an office it was to speake of him , whose authoritie is with some , more canonicall then the canonicall scriptures , to name Beza before them which haue onely heard of his name , but knowe not how to spell it , ( for they call him Bezer , as also Bellarmine they call Bellamye , ) they would bee Doctors of the Lawe , but knowe not what they speake , or whereof they affirme , ) it is very likely they haue read his workes , and are able to iudge of his doctrine . But I came thither to preach Christ , not to commend any man , for so had I not beene the seruant of Christe . And this I may speake without offence : M. Beza hath not deliuered all truth , but left some to others to bee deliuered . And therefore I exhort them that they would not condemne this doctrine because hee holdeth the contrarye , least they immitate the false Prophets which speake euill of the thinges which they knowe not , and haue mens persons in admiration , whom also they knowe not , and so commit grosser Idolatrie by worshipping a man , then Saint Iohn did by worshipping an Angell . If an Angell from heauen preach new doctrine , he is accursed , much lesse may the doctrine which any man publisheth , be presently receiued without further triall , Eô nomine , because hee taught it : but the spirit must be tried , the doctrine must be examined , be the credit of the Doctor neuer so great . I haue alwaies opposed my selfe against popularitie , as an enemie to true godlinesse , supposing that they which preach mortification , ought their selues to bee mortified from vaine ostentation of great auditories , ambitious desire of many followers , and glorying in multitudes of Disciples , by the example of our Sauiour , which withdrew himselfe from the multitude , when he sawe they would take him vp and make him a King. And therefore haue I refrained to intrude my selfe into such great assemblies ; as also that I might not defraud mine owne congregation , but contented my selfe to keepe my station in mine owne watch-tower , ouer that flocke onely , ouer which God hath made me an ouerseer . I desire his glory and not mine owne : I say with Iohn the Baptist , he must increase , and I must decrease . But beeing called to that place of so great expectation , I thought it fit to choose mine owne text ; in which choise , if the wiser sort of men will say I haue erred , I will craue pardon for mine error . I was required by the Magistrate , vpon shorter warning then ordinary , to supply a course , which else had stood voyd ; so that my tongue was become the pen of a swift writer : yet haue I not by reason of haste , done the worke of the Lord altogether negligently , neither was I with the Disciples carelesse what I should speake , looking that it should be giuen me in that houre ; but my heart did with the Prophet Dauid , first indite the matter before I spake it . In expounding this text , I did as Daniel expounding a dreame , vse both prayer and meditation : and I assure my selfe , I haue according to the Apostles rule , shewed my selfe approued vnto God , a workeman which needeth not to be ashamed diuiding the word aright . And whosoeuer will stand to the Cathechisme and rudiments of Christian religion , and submit himself to the rules of Logicke , will he , nill he , he must confesse , that my reading and diuiding the text is very naturall , and no way forced . Concerning this point , I am to satisfie a kinde of men differing from the other of which I spake before , which will haue marriage after diuorcement , as well of the partie innocent as of the nocent , to be adultery ; and yet the diuorcement it selfe , which they graunt to be a dissolution of marriage , to be lawfull , so that they will build without a foundation , and make a consequent without an antecedent . For how can marriage after diuorcement be vnlawfull , if the diuorcement it selfe stand good ? How is it possible to graunt a diuorce , but with full power to marry againe ? when the first mariage is lawfully dissolued , what can hinder a second marriage ? But to strengthen their error ▪ they except against the diuision of my text : they will haue it to be but categoricall , which I haue said to be hypotheticall , they alleadge that no proposition can be hypotheticall vnlesse it be conditionall . To oppose themselues against me , they except against the Cathechisme it self , against the grounds of Logicke , by which they lay themselues open to no small reproach . Euerie young scholler which hath learned Seron can tell thē that all hypotheticall propositions are not conditionall , but some copulatiue , some disiunctiue , and that all propositions are hypotheticall , which may bee resolued into two categoricalls , and that therfore these words as they are set downe in Saint Matthew , and more plaine in S. Marke , and most plaine in S. Luke , the commas and points being in all three alike obserued : to wit , Vxor●m dimittens , & aliam ducens , maechatur , That is , both he which diuorceth his wife , and he which marrieth an other , committeth adultry , are an hypotheticall copulatiue proposition , and containe in them two categoricalls : Vxorem dimittens maechatur , & vxorem aliam ducens maechatur , Both of them being without exception perfectly true propositions in Logicke , according to the definition and forme of a proposition . But for as much as I haue diuided my text according to forme , which is the very life of all diuisions , my diuisions is iustified who haue diuided the whole text into three propositions . The case being cleare concerning the forme , that this text conteineth three true propositions , they can contend with mee onely about the matter of the first proposition , whether it bee Secundum qualitatem in ●e , vera or falsa . They aske how it can be adulterie for a man to put away his wife , when hee dooth not onely abstaine from the second marriage , from all carnall knowledge , but also from coueting of any other ? Adulterie say they , consisteth onely in carnall knowledge , and in coueting , and no writer of credit will say that there can bee any other adulterie . By which wordes they make Saint Chrysostome to bee a Writer of no credite , which saieth : Viro casto qualiscunque vxor bona videtur , quia perfecta charitas vitia non sentit . Qui diligit vxorem , de soluendo matrimonio legis praecepta necessaria , non habet , vbi autèm de soluendo matrimonio lex requiritur , illic iam odium demonstratur , vbi odium inuenitur , illìc iam fornicatio esse cognoscitur . A chaste man will thinke well of his wife though faultie , because perfect charitie will not espie offences . He which loueth his wife , thinketh the lawe of diuorcement superfluous and very needlesse : but where aduantage of lawe is required for the vndoing of marriage , there hatred appeareth ; but where there is hatred of a mans wife , there is also fornication . Againe , Quemadmodùm , si videas hominem assiduè amicitias medicorum colentem , exipsâre statim intelligis quià infirmus est : sic & cùm videris siuè virum siuè mulierem dè dimittēdis vxoribus aut viris legē interrogantes , cognosce quia vit iste lasciuus est , & mulier illa meretrix est . Euen as that man which continually resorteth to the Phisitian to aske aduise , sheweth that his body is not sound : so when man or wife asketh counsell of the Lawyer how they may be diuorced , the man so doing is vnhonest ; the woman so doing , is adulterous . Likewise , they make Vrsinus to be a writer of no credit , which interpreteth this commaundement , Thou shalt not commit adulterie , in this maner . The scope and drif● of this commaundement ( saith hee ) is the preseruation of chastitie , and the vpholding of marriage , and all things are by it forbidden , which any waies are causes , or effects , antecedents , or consequents , contrary to chastitie , or contrary to marriage . But say I , by diuorcement marriage is dissolued , and therefore not vpheld or maintained by such a diuorcemēt as is allowed to be good ; and yet with a restraint from a second marriage , men and women are caused to burne in lust , and defrauded of that benefit which God hath appointed to be a remedie against fornication : and therefore by it , chastitie is not preserued , and by a consequent adultery is committed . But to answere them in a word , how hee which diuorceth his wife committeth adultery , he committeth adultry two maner of wayes : first as a principall offender , because he breaketh wedlocke ; for so diuorcement is defined the dissolution of marriage , or vntying of the knot of sacred wedlocke : and the briefest sort of the English and Duch Cathechismes , haue in stead of thou shalt not commit adultry , in more generall termes , thou shalt not breake wedlocke : whereby it is the iudgement of the Churches of England and Germanie , that all breach of the law of wedlocke is adultery : and wedlocke is in no degree so highly broken as by diuorcement ▪ by which it is dissolued . Secondly he committeth adulterie as a partie accessary , for he giueth his wife allowance to marry againe , which my aduersaries do confesse to be adultery . That the intent and meaning of diuorcement is to vndoo the first marriage , and giue license to the second marriage , who can speake better thē the Iewes themselues , of whom the Christians did learne it , and the Christian Churches which doo receiue it and put it in practise ? That the diuorcement which was permitted by Moyses , was with permission also to marry again , it appeareth by Moses himself . Deut. 24. That it is so among the Iewes , in these dayes it appeareth by the very forme of their Schodule or Bill of diuorcement , which hath these words , do vxori meae potesttatem eundi quò velit , nubendi cui velit . I giue my wife libertie to goe whither she will , and to marry whom she will. That it is so vnderstood among the Christian Churches where diuorcement is practised , it is plaine by the confession of M. Beza in his booke De diuortio , as in my Sermon I haue declared . As for my maner of reading , let them readie as I haue read it , or as it is in the originall , all is one in substance , ( I did it but for explication sake , as an Interpretor , not as a bare reader ) they cannot vnderstand it otherwise then I did read it : let them diuide it as I did , or otherwise , it will make a difference in outward forme , the doctrine will be the same . Onely this aduertisement I will be bold to giue to some kind of Preachers in our Church : that true preaching doth not consist in heaping vp of common places , in prolixitie and length of speech , in multitudes of quotatiōs of Authors , chapters and verses , nor in rash deliuering of doctrine taken by tradition , vpon the bare relation & credit of others , without further examination . But he which will expound such a text as this is , must suppose it to be like the Hebrew Bible , which needed the Chalde paraphrase that the Iewes might vnderstand it : the rocke in the wildernesse which was to bee cleft by Moses his rodde before water would issue out of it : the Land of promise , which was not presently discouered : the heauē which was shut vp , and opened but by Elias his prayers , before it rayned : the corne which was troden with the oxes foote , and rubbed by the hands of the Disciples before it was eaten : the booke to be vnsealed by the Lambe , before the mysteries in it could be reuealed : the face of Moses , which had a vaile or couering before it , to bee remooued before his beautie could appeare : the tooth in the Asses iaw-bone , and the Lyons carkasse which required Sampsons strength , before his thirst could bee quenched , before sweetnesse could be drawne out of the strong , or meate out of the eater : the handling of it may not be triuiall or vulgar . Hauing thus according to my poore talent , deliuered that which I hope will not be offensiue to the godly , because it is cōsonant to Gods word , nor scandalous to the state , as tending to schisme , or maintenance of strife , because it is according to the Decree established the last Parliament , by the generall consent of the Cleargie ; my humble desire is , that the world would so thinke of vs , as of the Ministers of Christ , and disposers of the secrets of God , of whom it is required that euery one should bee found faithfull , and to thinke of mee concerning M. Beza , that I do blesse and magnifie God mightily for all the good parts which are in him , that I am Famulus seruorum Dei , touching all the true seruants of God , I liue to do God and them seruice . And so I commend them to the gracious protection of him whom they serue . A SERMON PREAched at Paules Crosse the 10. of Maye , 1601. Math. 19. verse . 9. I say vnto you , that whosoeuer shall put away his wife ( except it be for whoordome ) and marrie an other , committeth adulterie : and whosoeuer marrieth her which is diuorced , committeth adulterie . AN answere to a question , propounded by the Pharisies to our Sauiour Christ , concerning diuorcement of Wiues from their Husbands , and by a consequent , of Husbands from their Wiues , whether it be lawfull or no ? The answere is negatiue , that no diuorcement is lawfull . For , first he sheweth that no man may put away his Wife for any cause . Secondly hee prooueth it , for as much as if any man hath put away his wife , hee hath done it of fact onely , and not of right , and his fact is held vnlawfull , according to Gods word , because hee may not marrie any other while she liueth . Thirdly , hee prooueth that hee which hath put away his wife can marrie no other while she liueth , because shee can marrie no other while he liueth . For these three conclusions do necessarily followe : The first . If the putting away of a mans wife be of this nature that still shee continueth his wife : then it is no diuorcement . The secōd : If the putting away of a mans wife be of that effect that shee is no longer his wife : then he is no longer her husband . The third : If shee be no more his wife , shee may marrie an other , and if he be no more her husband , he may marrie an other , therefore the knot of matrimonie is dissolued , and both are free . But our Sauiour teacheth that neither of them is at libertie to marrie againe , therefore that the bond of matrimony remaineth firme , and therfore that there can be no diuorcement . These things are easily apprehended , but the difficultie is , how these cōclusions may be collected out of this text . May it please you to vouchsafe mee your attention , and laying aside all preiudicate opinions , not to passe your censure against me before you haue heard all that I will say . For , if you come with preiudice your harts shal be made fat , your ears heauie , your eies blinde , as the Prophet speaketh , that hearing you shal not vnderstād , that seeing plainly you shal not perceiue . If ye condemne me before ye haue heard me , then do ye not followe the Apostles rule . Omnia probate , quod bonum est tenete . trie all things , & hold onely that which is good : and then are ye not sincere hearers of Gods word , therefore heare and then iudge . If ye cōdemne this doctrine as erronious because to you it seemeth strange , and you do not sufficiently conceiue it ( I speak to the vnlearned ) then do you measure Gods truth by your owne errour , the power of God by your own weaknes , the depth of gods wisdome by the shallownes of your owne reach . Vrsinus before his Catechisme , alledgeth sixe reasons why mē reading the scriptures ( albeit learned ) yet vnderstand thē not , whereof one is preiudice , tenne why reading they profit but a litle , whereof fiue are these : ignorance of the true drift and scope of that which they read , they follow not the analogie of faith , they conteine not themselues within the bounds of diuinitie , they contemne the iudgement of the Interpreters , they stand too peremptorily vpō the bare word and letter . Among sixe rules which he giueth , for the better vnderstanding of any Text , one is a true desire to learne , and zealous intent to goe away better instructed . Another I adde of mine owne obseruation , which is this : the right vnderstanding of the Text , consisteth much in the true reading of the same ; for , if ye mistake in reading , ye cannot but faile in vnderstanding . And because many of this Auditory are defectiue in all these points , I desire you according to these Premisses , to heare me with indifferencie , and not with preiudice , as condemning me because Beza and Melancthon and others are of a contrarie opinion , to waigh well the true drift of our Sauiour in this Text , to follow analogiam fidei & loci , the analogie of faith in generall , and of this place in particular , to cōteìn your selues within the bounds of diuinitie , that ye harken to the Interpreters , I meane the auntient Fathers which were nearest to Christ , and farthest from corruption : that ye dwell not vpon bare and naked letters , that ye heare me with a desire to learne , and according to mine owne rule , that ye would heare how to read this Text , because many Diuines do not read it rightly , and therefore no maruell though they expound it falsely . For , legere & non intelligere est negligere , to read and not vnderstand , is not truly called reading , but mere negligence : Balthazar could read the Characters written by the hand in a wall , mene tekel peres hee hath numbred , he hath weighed , hee hath diuided : so could the wise men of Babell , but a more exact kinde of reading was required of Daniel , that was , to read and vnderstand , and he read it in more ample maner then it was written : God hath numbred thy Kingdome , and finished it , thou art weighed in a ballance and found too light , thy Kingdome is diuided and giuen to the Persians . Wherefore let vs not read cum neglectu sed cum intellectu , not ignorantly but intelligently ; not as Balthazar , but as Daniel ; as readers which know what they read , else it is in vaine to read . I say vnto you , &c. In which assertion is a kind of Elleipsis or want of words , which defect , as it is verie common in the Greeke & Hebrew , so it is commonly supplied by the learned Reader and Translator , by addition of words to make the sence perfect , as Daniel did . Do not entertaine so irreligious an opinion of me as if I should adde any thing of mine owne vnto Gods word , & yet where the originall Text is obscure and vnperfect like vnto this , somewhat must be added out of Gods word , which by the circumstances of the place & very cōnectiō and coherence of it , doth appeare to be necessarily vnderstood , but so that the additiō be printed in other characters , that it may be distinguished from the originall . And least this kinde of reading the scriptures should seeme straunge and insolent , Beza in his Latine translation of the new Testament dooth the like , not in so fewe as an hundred places , wee will instance for example sake . S. Paul writeth in this maner . Let no man deceiue you by any meanes , for except there come a departure first , and the man of sinne be disclosed : which words are so imperfect , that they carrie no sence ; but Beza in his Latine translation readeth it otherwise , by adding these words in other characters : The day of the Lord shall not come . Let no man deceiue you by any meanes , for the day of the Lord shal not come , vnlesse there be a departure first , and the man of sinne bee disclosed . Which addition is necessarily vnderstood by the circumstances of the place , for in the next verse going before , hee shewed that the day of Christ was not so neare as the Thessalonians supposed , and in this verse he sheweth a reason : because there must come a departure first . Likewise in the same Chapter , S. Paules words are these : The mistery of iniquitie doth alreadie worke , onely that which withholdeth , vntill it be taken away . Which Beza readeth in this maner : The misterie of iniquitie doth alreadie worke , onely that which withholdeth , shall withholde vntill it bee taken away : and so according to the office of a faithfull Trāslator , maketh that plaine in the translation which was obscure , by reason of the Elleipsis in the originall , and yet was not wanting in the originall because it was necessarily vnderstood . In like manner : this Text being Elleipticall or defectiue for want of words , and the sence of it obscure and darke ; wee must adde words in the English , but in other Characters , and read in this maner . I say vnto you , that according to the permission of Moyses , He that putteth away his Wife vnlesse it be for whoordome , committeth adulterie , and if he marrie an other , he committeth adulterie : and whosoeuer marrieth her that is diuorced committeth adulterie . Which words , we must of necessitie vnderstand to be inserted , because else wee shall not onely leaue the sence maimed and imperfect , but also include a manifest contradiction to that which our Sauiour concluded in the words immediately going before , as I shall shewe vnto you . Wherefore our new Diuines for want of right reading this Text , do misconster it foure wayes . First , they thinke our Sauiour speaketh affirmatiuely that diuorcement is lawfull , whereas he speaketh negatiuely , that diuorcement is not lawfull . The second , they take this answer to bee particular ; as if in some one case , that is , in case of adulterie , and for some persons , as when one is nocent and the other innocent , diuorcement were lawfull , whereas it is vniuersall that no diuorcement is lawfull , be the case whatsoeuer , or the persons whosoeuer . The third , they suppose it to be hypotheticall , because he saith : whosoeuer putteth away his wife except it bee for fornication , &c. as if that were aequipollent with this : if a man putteth away his wife for fornication , it is no adulterie , whereas it is catagoricall , because this exception in the Parenthesis ( vnlesse it be for fornication ) is meerely voyd , and no exception at all , as I will make manifest vnto you , and of no more validitie then if it were left out . The fourth , they thinke that in these words are comprehended but two propositions , whereas there are three : for , though our Sauiour saith : Hee that putteth away his wife and marrieth an other committeth adulterie , naming adulterie but once , yet it is twise vnderstood , both in the putting away of his wife , and in the marrying of an other , and therfore all one as if he had said : he that putteth away his wife committeth adulterie by putting her away , and if he marrie an other , he committeth adulterie also by marrying an other , like that saying of our Sauiour : He that breaketh the least Commaundement and teacheth men so , shall be called the least in the kingdome of Heauen . Which words , do not import onely that the breach of the commandemēt together with so teaching , maketh a man the least in the kingdome of heauē , but also the breach it self , although he do not teach it , as S. Iames sheweth : so he that putteth away his wife committeth adultry , though he doth not marry any other . Wherfore according to that which I haue deliuered vnto you , I diuide my text , as it naturally diuideth it selfe , into three propositions , the first beeing as a text , the other two as a glosse or exposition ; to wit , the second an exposition of the first , & the third an expositiō of the second ; the first , which is the text , that there can be no diuorcement , where he saith : it is adultery for a man to put away his wife although he marry no other : the second , a proofe that there can be no diuorcemēt , because he which putteth away his wife can marry no other ; where he saith , it is adultry to marrie an other ; the third , a proofe of the second , that he which putteth away his wife can marrie no other , because his wife which is put away can marry no other . And of these three propositions in they due place . Concerning the first proposition , that there can be no diuorcement , and that it is the drift of our Sauiour in this text to disanull all diuorcements . I say vnto you , whosoeuer putteth away his wife ) I shewed you before , how there was an Elleipsis or want of words to be supplied . Not as though I would by that supply of words serue mine owne turne , or seeke to aduantage my selfe , for I neede not , and if we cōtent our selues with the bare , naked and imperfect words of the Greeke text , which the aduersary vseth for his best and onely aduantage , no diuorcement can be prooued ot of them . That I may examine the bare words : who so putteth away his wife except it bee for fornication committeth adulterie : It is no good consequent that therefore if a man put away his wife for fornicatiō , it is no adultery : nor this ; hee that putteth away his wife and marrieth an other , committeth adultry , therefore if he put her away & marry no other it is no adultry , as it may appeare by the like . Moses saith : Thou shalt not take a wife with her sister while shee liueth : will you therefore argue out of these words , that when a mans wife is dead , he may marrie her sister ? Our Sauiour saith : Whosoeuer beleeueth and is babtized , shall be saued . Will you therefore conclude against S. Ambrose that Theodosius the Emperour which did beleeue and was not baptised , was not saued ? The holy Ghost saith : Ioseph knew not Mary vntill shee had brought foorth her first borne sonne , & that Mary was found with childe before Ioseph and shee came together : will you therefore conclude with Heluidius the Hereticke against S. Ierome , that Mary was not a perpetuall Virgin , and that shee was the mother of other children ? and that after the birth of Christ , Ioseph and Mary came together ? Our Sauiour saith , I will be with you till the end of the world . Paul saith , Christ shall sit on the right hand of his Father vntill he make his enemies his footestoole : will you therefore conclude that Christ shall leaue vs after the end of the world ? or cease to sit on his fathers right hand after his enemies are subdued ? You will aske me then , if these words : ( Except it be for fornication ) be no exception , but meerely Idle , why doth our Sauiour vse them ? or how can it stand with the nature of the holy Ghost to speake idlely ? These words are not idle , and yet make nothing in fauour of diuorcement . S. Augustine answereth in this maner . Si ille maechatur qui dimissâ vxore fornicatrice aliam ducit , cur ergo dominus interposuit causam fornicationis ? in●mo , cur non dicit simpliciter : qui dimissâ vxore aliam ducit , maechatur ? If he which putteth away an adulterous wife and marrieth an other , committeth adultery in so doing , why did our Sauiour put in this caution , saying , except it be for fornication ? Why did he not say rather absolutely , that he which putteth away his wife and marrieth an other committeth adulterie ? Quiae dominus illud quod grauius adulteriū est commemorare voluit quam id quod est minus , nam grauius adulteriū est pudicâ vxore dimissa aliā ducere quàm impudicâ , vt Iacobi quarto , sciēti bonū facere & non facienti peccatum est illi , nūquid idcirco peccatum est illi qui nescit bonū facere & , ideo nō facit●vtrumque peccatum est , sed illud maius istud minus , ita in his adulterijs , sed vtrumque est adulterium . Because our Sauiour would speake of that adulterie especially which was most heinous , rather then of the other which is a lesse offence , for it is a more grieuous adulterie to put away a chaste wife and marry an other , then to put away a dishonest wife & marry again , euen as according to the Apostle . To him that knoweth how to do well , & doth it not , to him it is sin . Wil you therfore cōclude , that to him which knoweth not how to doo wel , & therfore doth it not , to him it is no sin ? Both are sins , that greater and this lesser , so both these are adultry , though one be greater & the other lesser . But for your farther satisfaction , mine owne answer is this : These words of our Sauiour ( except it be for fornication ) do shew that the drift of our Sauiour was two-folde , to shew what was supposed to be lawfull by the permissiō of Moses , & what was indeed lawful according to the word of God , for they affoord two seueral constructions , secundum permissionē Mosaicam & veritatē euangelicā according to the permissiō of Moses , and the truth of the Gospell , according to Moses his permission , which was a man , and did like a man , diuorcement was permitted , onely in case of adulterie , but according to the immutable and incorrupt veritie of the scriptures , Christ denieth diuorcement to be lawfull , as by the analogy of this place doth appeare . For , whē our Sauiour saith : wherefore I say vnto you : marke vpon what occasion our Sauiour doth say these things vnto them ? conferre the beginning of the Dialogue or conference of the Pharisies and our Sauiour , with the end of the same , and his purpose will appeare . Wherevpon doth our Sauiour deliuer this definitiue sentence concerning diuorcement vnto them , but vpon their falsifying and belying the words of Moses , which hee restoreth to the true sence and meaning thereof ? In the beginning of the cōference , the Pharisies asked Christ tempting him & saying : Is it lawful for a man to put away his wife for euery fault , making no mention of marrying againe ? He answereth , it is not lawfull for any fault , and prooueth his deniall by arguments drawne ; first from the nature of marriage , that which is but one cannot be diuided , vnitas est indiuisibilis , but the man and wife are one ; therefore they cannot be diuided . The Maior is a principle in Arithmaticke , and cannot be denied : the Minor is Ipse dixit a principle in diuinitie . Secondly , frō the definition of diuorcement , no man can seuer thē whom God hath ioyned together , but to diuorce , is to seuer man and wife , whom God hath ioyned together , and this in effect is all that may be saide of this question . But , the Pharisies not satisfying themselues with this answere , reply against it , and presse him with the authoritie of the scriptunre . Moyses say they , commaunded the man to giue his wife a Bill of diuorcement and put her away . Hee answereth them , that in so alleadging the words of Moyses , they falsifie the Texte three maner of wayes . First , whereas they say Moyses commaunded , it is not so , for Moyses did but suffer them for the hardnesse of theyr hearts ; there is great difference betweene a commaundement and a tolleration , they be of sundrie natures . In deed our Sauiour saith It hath bene said : Let him giue her a Bill of diuorcement . Which words doo import a commaundement , but by whom was it said ? only by the Iewes , according to their receiued errour , for God neuer said it , as also in the same place : Yee haue heard how it hath bene said , thou shalt loue they neighbour and hate thine enemie . But if ye read the place of scripture to which it hath relation , ye shall finde they haue misreported of it : for there is mention onely of the loue of our neighbour , not of the hatred of our enemie , that is but their owne collection . Secondly , whereas they build vpon this tolleration of Moyses , it is no sufficient foundation to ground vpon , because Moyses in this his tolleration did not permit diuorcement as a thing honest and lawfull , but that he did as a man , to beare with the hardnesse of their hearts , dispence with them in this case , contrary to Gods word , where hee saith : From the beginning it was not so . But whatsoeuer is contrary to the first institution of marriage as it was in the beginning appointed of God is adulterie . For we are not to regard the receiued errour of the Iewes , but the truth of Iesus Christ ▪ as Ignatius saith ad Philadelp . Antiquitas mea Iesus Christus est . My antiquitie is Iesus Christ. And S. Ambrose : de virginibus : Nos noua quae Christus non docuit iure damnamus , quoniam via fidelibus Christus est , si ergo Christus non docuit quod docemus , nos illud detestabile iudicamus . Wee doo iustly condemne all doctrine as noueltie which Christ hath not taught , because he is the onely teacher whom the faithful must follow : if therefore Christ be not the author of that which is taught , wee adiudge it a damnable doctrine that is taught . And Cyprian Lib. 2. Epist. 3. Si solus Christus audiendus est , nō debemus attēdere quid aliquis antè nos faciendum putauerit , sed quid qui ante omnes est Christus prior fecerit neque sequi oportet hominis consuetudinem sed dei veritatem . If the sheepe of Christ doo heare his voyce onely , wee must not bee inquisitiue what others haue done before vs , but what Christ which is before all hath appointed to vs , neither must we follow the customes of man , but the truth of God. Bigamy was permitted to the Patriarkes , yet vnlawfull : so diuorcement to the Iewes , though vnlawfull . It were very hard if our Sauiour hauing thus pronounced diuorcement to bee vnlawfull and repugnant to Gods institution , should in this text being the next verse following after , contradict himselfe and allowe it to be lawful . Thirdly , whereas they falsifie Moses , as if Moses did tollerate diuorcement for any cause , saying : Is it lawfull for a man to put away his wife for any fault ? Our Sauiour doth lay before them their errour , affirming that Moses in that place which they alleadge , did not permit diuorcement for any cause but onely for one cause , and that cause is heere specified to be adulterie , where he saith : whosoeuer ( according to Moses his permission ) putteth away his wife except it be for whoordome , committeth adulterie . And yet he explaineth that againe saying : that according to truth he cannot put her away for adulterie , because he can marry no other , neither can she marry any other , but both shall be adulterous . But , for the better satisfying of your selues , conferre this place of Mathew , with that of Deuteronomie , which is the ground of all this disputation , and you shal finde that the Pharisies haue not dealt ingenuously , but very falsely . The words of Moses are these . If a man take a wife , if so be that she find no fauour in his eyes because he hath espied some filth in her . There is the onely cause , hee doth not say any cause , but one cause , which is filth ; but filth is according to the Hebrew phrase adulterie , as it appeareth by the fourth verse of the same Chapter , where whoordome is called by the generall name of filth . So these words of our Sauiour are not onely a farther explanation of that texte of Deuteronomie which the Pharisies had corrupted , but also a definitiue sentence , and positiue point of doctrine , that diuorcement being so common , was helde among the hard-hearted Iewes as lawfull , because it was suffered by Moses , contrarie to the commandement of God , and first institution of marriage , which was from the beginning of the world . Moreouer , because the Pharisies aske why did Moses command to giue a Bill of diuorcement and put her away ? and Christ answereth ; Moses did but permit : some Diuines do grossely mistake the sence thereof , affirming these words to include partly a commaundement , according to the words of the Pharisies , partly a tolleratiō according to the words of Christ ; to wit , a tolleration onely to put away their wiues , and a commaundement that if they would vse the libertie of this tolleration graunted vnto them , yet that they should first giue a Bill of diuorcemēt , that all proceedings might be according to order , but they are deceiued by reading the vulgar translation , and other corrupt Interpreters , for they translate it : Let him write her a Bill of diuorcement ; which translation hath brought them into this errour . But according to the Hebrew , Tremelius translateth in this maner : If a man take a wife and shee finde no fauour in his eyes , because he hath espied filth in her , in so much that he do giue her a Bill of diuorcement , &c. Here is no such commaundement , as let him giue her a Bill ; but onely a supposition , if he doo giue her a Bill of diuorcement , ( because vnlesse the Bill were first giuen , the diuorcement was not tollerated ) so that Moses is so farre from commaunding , that he doth not so much as tollerate it in expresse words , but onely pèr tacitum consensum , by not forbidding it expresly , & so supposing such an enormitie to bee committed according to their practise ; onely he commaundeth this , that after it is done , if the woman after her departure marrie an other , that then shee shall not returne to her first husband againe . And , whereas some Diuines take it prò concesso , as a thing graunted , that the formall writing a Bill of diuorcement , did ratifie the diuorcement & make an act lawfull , it is cleane contrary . You will say then , if the Bill could not adde strength to the diuorcement to make it good , why was it giuen ? S. Augustine answereth , that a Bill of diuorcement was first deuised to shewe the Iewes how vngodly a thing diuorcement was , for as much as it was lawful for none to write Bills of diuorcement , but onely the Scribes and learned Doctors of the Lawe , to whom onely it appertained by their office , scribere sacras liter as to write in the holy tongue , and because it was euen among them held for a crucell and vnnaturall fact for a man to put away his wife , and this Bill of diuorcement could not bee ingrossed suddenly , but it required time and space : when the plaintiue resorted to the Scribes office to haue the Bill drawne , the Scribe was first to lay open to the partie grieued the vnlawfulnesse of such proceedings , and to perswade him by all meanes to desist from so badde a purpose , and bee reconciled to his wife againe , and to take better deliberation , and repaire to the office some other time , to trie if the partie grieued could by such delayes be better aduised in colde bloud . But if so be that hee continued obstinate and vntractable , that his hatred towards his wife could not be pacisied ; then of two euils the least was chosen , to auoyd a greater mischiefe : rather then the Iewe should murther his wife , it was vltimum refugium , the onely refuge left , to giue a Bill of diuorcement . Tremelius in his notes vpon this place , obserueth these foure things : First , that this tolleratiō of which we spake , did extend onely to that time present , when they were in the wildernesse , and not to be endured after they should liue vnder a setled estate in the land of Canaan , because it is written in the fourth verse of that Chapter , Thou shalt not suffer the land to sinne , which the Lord shall giue thee to inherit ; so that there was an inhibition or restraint against Iosue and his successors that they should suffer no diuorcements . The second , that this fact was euen then manifestly condemned by Moses when it was permitted , because hee saith in the 4. verse : The woman which is put away and marrieth an other , is polluted by the fact of her husband which did put her away , and so giue her occasion to marry an other , and that is abhomination in the sight of the Lord. The third , that diuorcement is as vnlawfull as poligamy or marriage of many wiues , of which neither haue any warrant out of the word , but that the Iewes liuing then not by precept but by example , not of the godly , but of the wicked , learned poligamy of their fathers , of which the first was Lamech , and diuorcement of the Aegyptians , which were Infidels . The fourth , this tolleration of Moses was not in regard of Gods people in generall , but onely of the Iewes in particular , which could not by any arguments be perswaded to renounce the poligamy of their auncestors , or diuorcement of the Aegyptians . Hauing spoken of the analogy of this place in particular , to shewe that the purpose of our Sauiour Christ was to disanull diuorcement : I come to the analogy of faith in generall , to shew what faith it selfe hath taught vs to beleeue concerning this question . Whosoeuer putteth away his wife , &c. which words giue me occasion to define diuorcement , and to shewe what it is for a man to put away his wife . In which definition I must followe the example of Aristotle , which defined the things which were not . For when hee hadde shewed howe impossible it was , that there should be either vacuum or infinitum , yet defined them both , onely supposing those things to bee , which the nature of things doth not afforde . In like maner I say : Diuortium est non ens ; diuorcement is a thing which is not , nor cannot bee , and that the Iewes did diuorce their wiues onely in their grosse imaginations , because being put away , yet they continued their wiues , and their seperation was breach of wedlocke , euen as in the story of Elisaeus , they which came to apprehend the Prophet were strooken with blindnesse , so that when they thought they were at Dothan , their eyes being opened they found that they were in Samaria : and as Adam , when he thought to hide himselfe from God in the thicket , was still in his presence : and as Ionas thought himselfe safe from daunger by flying to Tharsis , when he was most in ieopardie : so they thinke themselues innocent by giuing Bills of diuorcement , when they liue in adulterie and are nocent ; but supposing that to bee which cannot bee , I will define diuorcement out of the scriptures , to prooue that there can be no diuorcement . Our Sauiour saith : Whom God hath ioyned let no man seperate . In which words , is conteined the definition of diuorcement , Diuortium est seperatio viri & coni●gis authoritate humanâ qui coniuncti sūt authoritate diuinâ . Diuorcement is a seperation of man and wife by the law of man , which are ioyned together by the lawe of God. But that is an impossibilitie that man should make a nullitie of that which God will haue to continue firme and stable , that man should vndoo , & make to be of no validitie , which God doth ratifie & make to stand good : that mans errour should make an vnitie to be a number , an indiuisible thing to be diuided , truth to be no truth , marriage to be no marriage , something to be nothing , set thē at libertie which in nature do , & must continue bound . Our Sauiour Christ hath thus defined diuorcemēt as you haue heard , and out of his owne definition of diuorcement , hath argued to prooue that there can be no diuorcement ; and if ye will stand to the definition of our Sauiour Christ , you must confesse that there can be no diuorcement . The same may also be prooued by the definition of marriage , which Melancthon defineth in this maner . Matrimonium est legitima & in dissolubilis coniunctio vnius maris & vnius faeminae . Marriage is a lawfull and indissoluble ioyning together of one man and one woman . But , if marriage be such a coniunction as is not capable of any dissolution as he tearmeth it : hee forgetteth himselfe in the next tract after , where hee affirmeth that for adulterie a man may put away his wife and marry an other , that if a man bee boysterous , froward , cyclopicall , barbarous to his wife , if hee bee crabbed , rogish , the wife may put him away and marry an other : that if hee neglect his family , the Magistrate may warrant her to marry an other . Others doo define marriage to the same effect as Melancthon did , but in more wordes : That marriage is a lawfull and perpetuall ioyning together of man and wife by the consent of them both , for the begetting of children , auoyding fornication , and mutuall comfort . In which definition , the materiall cause of marriage is man and woman , the finall cause mutuall comfort , procreation , auoydance of sin : the efficient cause the mutuall consent of them both , but the formal cause which is the very nature , essence , and life of the same , is their lawfull and perpeutal ioyning together , but whatsoeuer is to a man perpetuall , is during life : these thinges being so , it cannot stand with faith that marriage should bee dissolued , the parties liuing . The Apostle saith therefore : The woman which is in subiection to the man , is bound by the law to the man while he liueth , but if the man be dead , she is deliuered from the law of the man ; in which words hee sheweth how the knot of marriage cannot be vntied but by death . And to the married I commaund , not I , but the Lord : let not the wife depart from her husband , but if shee depart , let her remaine vnmarried , or be reconciled vnto her husband : In which words , where hee saith : first , let not the wife depart , secondly , if she depart , let her remaine vnmarried ; he intimateth two maner of departures , the first , is a vinculo , a rupture of the knot of marriage : the second a mensâ & thoro , from bed and boord ; the first he saith may not bee , because it is contrary to the institution of marriage ; the second , if vnhappily it followe , that for the incontinencie of the one partie , the other partie be grieued and cannot be reconciled vnlesse they depart , yet that departure be but for a season , vntil they can be reconciled againe , and that is no diuorcement . For there are three departures from the marriage bedde which are lawfull , two priuate , the third publike : the first with the consent of both parties , one dispensing with the other , where the Apostle saith : Defraud not one an other , except it be with consent for a time , that yee may giue your selues to fasting and prayer , and againe come together , least Sathan tempt you for your incontinencie . The second , in case of necessitie , it is lawfull for the man to dispense with himselfe , as if the woman be infected with a contagious disease , that hee cannot doo the office of an husband without manifest daunger of his life , and it is no fraude because it is not voluntarie . The third , if the wife be an adulteresse woman , because it is a publike scandall , he may by the publike magistrate be seperated from his wife for her chastisement vntill shee shew manifest tokens of amendment . And yet as the Magistrate must be very sparing to interpose his authoritie in such a case , as to enter betweene the barke and the tree : so againe , there be seuen exceptions which debarre the Magistrate from graunting any seperation from bedde and boord , although incontinencie be euidently prooued : as , if the woman be inforced by violence not giuing consent , as Dinah was : if by plaine and simple ouersight shee bee deceiued , taking one for an other , as Iacob was when Laban put Leah in his bedde in steed of Rachel : if the woman by great presumptions in lawe , and the generall view of the world , supposing her husband by his long absence to be dead , doo by publike allowance without guilt of conscience marry an other : if her husbande himselfe be consenting to her adultery , as Sara gaue her maide Agar to lie with Abram , for then it is his fault as well as hers : if hee by refusing to accompany with her hath abused her weaknesse and so giuen her occasion to fall , he cannot with a good conscience be a plaintiue against her : if he knowing his wife to bee incontinent do beare with her for the present time , hee ought not afterward to complain , because lawe doth suppose a reconciliation & forgiuenesse of the crime , and after forgiuenesse there ought to bee no punishment . But the greatest occasion is this : if the woman be able to plead compensatiō against her husband ; that is , if he haue bene incontinent as well as she , as our Sauiour wrote with his finger in the dust concerning the woman taken in the act of adulterie : Hee which will throwe the first stone at her must be guiltlesse himselfe . The Canon lawe saith : Nihil iniquius quàm fornicationis causâ dimittere vxorem qui & ipse cōuincitur fornicari , occurrit enim illud : qui alterū iudicas teipsum condemnas . Qua propter quisquis vult fornicationis causâ dimittere vxorē , prior debet esse à fornicatione purgatus . Nothing can lesse stand with iustice then that an adulterer should put away an adulteresse , for in iudging her , according to the rule of the Apostle he condemneth himselfe ; therfore he which wil accuse his wife , must first looke well that he be cleare himselfe . Againe : Quales vultis vxores vestras inuenire , tales sitis & vos , intactam quaeris , intactus esto , puram quaeris , noli esse impurus . Be to your wiues as you will that they shal be to you ; will you haue them continent , your selues must be chaste ; he which will haue his wife to be Sara , himselfe must be Abraham ; he which will haue his wife to be Rebecca , himselfe must be Isaac ; he which will haue his wife to bee Rachel , himselfe must bee Iacob ; hee which will haue his wife to bee Elizabeth , himselfe must bee Zachary . And I counsell all hard-hearted husbands , which seeke diuorcement from their wiues , to consider if they themselues haue not bene some occasion of that euill which they lay to their charge ? whether compensation may iustly be pleaded against them or not ? and to remember the story of Iudah , which iudged his daughter in lawe Thamar worthy of death for playing the harlot , whom he himselfe had defiled , not knowing her because her maske was on her face , but vpon the sight of a cloake , a staffe and a ring which hee had left with her , confessed her to be more righteous then himselfe . But none of these seperations which I haue rehearsed , can vntie the knot of matrimonie , neither are they to bee intended to continue for euer , but for a time , therefore they are no diuorcement . S. Chrysostome saith : Ne mihi leges ab exteris cōditas legas praecipientes dari ●ibellum repudij , & diuell● . Neque enim iuxta illas iudicaturus est te Deus , in illâ diè quâ vēturus est , sed secundùm suas , vt ipse statuit . In ●pso formationis modo legem induxit quam ego nùnc scribo . At quaenam illa est ? Haec vtique : Eam sibi quisque vxorem seruet semper quam initio sortitus est , haec lex antìquior est , quam illa dè libello repudij , & in tantùm quantùm Adam ipso Mose . Doo not tell me of mens new lawes concerning diuorcement , but of Gods olde lawe concerning marriage , for God at the day of iudgement shall not iudge thee according to the lawe which man hath deuised , but according to that which his selfe hath commaunded . But the positiue lawe which God prescribed to man in his creation was this , that hee should during life cleaue vnto that wife which he hath at the first taken vnto him . And that lawe of marriage is by so much more auncient then this of diuorcement , as innocencie is before sinne , and Adam before Moses . Againe : Quemadmodum serui fugitini etiamsi domum herilem relinquant , catenam secum habent attrahentem : it à & mulieres etiamsi viros relinquant , legem habēt prò catenâ se p●rsequentem , & adulterij accusantē , accusantem etiam recipientes . As when a seruant runneth from his M. the chaine of bondage doth pursue him , and bring him backe againe to his maister , so when a woman leaueth her husband , the lawe of Matrimony is as a chaine to draw her back againe to her husband , to lay adultry to her charge for her departure , and adultery to their charge which shall receiue her . In which words he speaketh plainly , it is adulterie for man and wife to depart , and it is adulterie for them to marry againe . Moreouer : Mulier quàm diu vixerit maritus subdita est legi , quae autèm subdita est legi , etiamsi millies libellum repudij det , adulterij ligabitur lege . The woman is bound by the lawe to the man while hee liueth , but shee which is bounde by the lawe , shall bee an adultresse by the lawe , if shee leaue her husband , notwithstanding a thousand Bills of diuorcement . Concerning the second proposition , that hee which hath put away his wife can marrie no other while she liueth . The second followeth the first as a necessarie consequent , because a man cannot put away his wife , he cannot marrie an other . For , numerosum coniugium , multitude of wiues is not permitted , no man may bee the husband of two wiues . The grounds are laid downe alreadie in the handling of the first proposition , so that it shal be sufficient in the second to answere the reasons of them which maintain cōtrary doctrine , and because in so short a scantling I cannot touch them all , I will speake of some . The differences of opinions which they hold are these ; some , that the man by priuiledge of his Sexe may marry againe , but the woman may not : others , that the partie innocent may marry , but the nocent may not : of which I shall haue fitter occasiō to speake when I come to the third proposition , and in the handling of this proposition I will answere Beza , which alleadgeth 7. reasons why a man may diuorce his wife for incōtinencie , & that after diuorcement is graunted , both the man and the woman , the offended and the offendor may marry again . His first argumēt is this : Christ being asked what he held concerning that diuorcement , which in his daies was in vse & practise among the Iewes , which was not only a seperation frō bed and boord , but also a dissolution of the knot of marriage , that libertie was giuē to marry againe ? answered , that in case of adultery it was lawfull . To which I answere , that as Beza alleadgeth , so our sauiour Christ did speak of that diuorce mēt , which was thē practised & vnderstood to be a dissolution of marriage , & intended that they might marry againe . But how did our Sauiour speake of it ? not affirmatiuely , but negatiuely , as before I shewed ; so that this argument is a fallacie called petitio principij , and he disputeth ex non coucessis , taking that as graunted which from the beginning we haue denied : he vnderstandeth the answer of our sauiour to be affirmatiue , which is negatiue : to be particular , which is vniuersall : to be hypotheticall , which is categoricall : to containe but two propositiōs , which comprehendeth three , and so constereth this text contrary to the analogy of faith , and of this place , contrary to the iudgement of the soundest Fathers , the Canon lawe , the practice of Christ his Church , from the Apostles vntill his owne time , yea contrary to the nature of wedlock , to the expresse words of our Sauiour , as I haue shewed . The Lawe saith : Interueniente diuortio , non abeletur cōfaederatio nuptialis , it a vt si coniuges sint seperati , cùm illis adulterium committant , quibus etiam fuerint post repudium copulati . They which are seperated remaine man and wife after seperation , and they liue in adulterie if they marrie other , because the knot of marriage abideth firme . Againe saith S. Augustine , euen as he which hath once receiued the Sacrament of baptisme , cannot be vnbaptized againe while he liueth ; so they which haue entred into the holy estate of marriage , cannot be vnmarried againe while they liue . And as one Councell saith : placuit secundum euangelicam & apostolicam doctrinam , vt neque dimissus àb vxore nèc dimissa à marito , alteri cōiungantur , sèd it à maneant , aut sibi reconcilientur . It is the doctrine of the Apostles and Euangelistes , that neither the man nor the woman which are parted , shall marry againe , but either refraine from marriage , or reconcile themselues one to the other . Neither must they beeing reconciled , bee married a new as some of late haue practised among vs , because the knot being not broken the first marriage is firme . His second obiection : that it is iniustice to punish the innocent for the nocent : but if when diuorcement is graunted , yet the plaintiue which hath sued the diuorce , shall be restrained from marriage , he must either be in daunger of burning in lust , because he cannot containe , or else be compelled to receiue again his adulterous wife which was diuorced : then is it all one as if there had bene no diuorcement . So Augustines answere is : Lex diuina non est mutanda proptèr querelas hominum , si querelas incontinentium velimus admittere , necesse est quamplurima adulteriae permittere . Mans complaint of iniustice must not alter the law of God. And if the Magistrates eares shall bee open to such complaintes , the high way shall bee laide open to incontinent liuers . Innocentius hath sayd well to the purpose , a woman may bee long sicke of an infectious disease , which crosse is remedilesse , why cannot the husband as well conteine in case of adulterie as of sicknesse ? and where Beza replieth that the case is different betweene a diseased person whom the hand of God hath afflicted , and one which by adulterie hath made a voluntarie breach of wedlocke : that is no replye , because in respect of the plaintiue which hath not the gift of continencie the gift is all one , and yet sometimes it falleth out , that women haue daungerous infections , not onely by the hand of GOD , but also by theyr owne misdemeanour of themselues . The third , is an allegation of the Apostle : He which cannot abstaine , must marry , but a man which is seperated from his wife may want chastitie , and therefore must marry . I answere S. Paul out of S. Paul , hee which cannot containe let him marry , but let him marry in the Lord , nubat in domino , not otherwise , but he cannot marry in the Lord which is married alreadie ; hee cannot take a second wife which is not freed from the first : therefore if he cannot containe , let him bee reconciled to his wife , that is a present remedie against fornication . The fourth : hee asketh ( whereas S. Augustine saith the man is bound to forgiue his wife vppon repentance ) what if her repentance bee but fayned ? and what if after forgiuenesse there bee a relapse into adulterye againe ? why should a Christian bee bounde to such an inconuenience ? I answere , that whereas hee thinketh it an hard condition for a man to forgiue his wife vppon repentance , beeing not assured whether shee repent vnfainedly or no ; nor resolued whether shee will afterwarde remaine chaste or no : The like may bee obiected against them which are excommunicated by the keyes of the Church , which shewing themselues penitent doo craue absolution , and to bee receiued againe into the congregation of the faithfull : hee which is to pronounce absolution cannot iudge of the contrition of the inward man , and yet hee must absolue , and leaue the rest to God , which knoweth the secrets of the heart . Man can goe but by outward appearance , and in charitie hope the best . So must a man doo by his wife ; We must not negare lapsis paenitentiam , dispaire of them that fall , because they may arise againe . Christ beeing asked by Peter how often a man must forgiue his brother ? answered , seuentie times seuen , but if a brother , much more a wife . Therefore saith S. Augustine : Durum tibi videtur adulteri coniugi reconciliari ? durum non erit si fides adsit . Cur adhùc deputamus adulteros vèl baptismo lotos vel paenitenta sanatos ? Doth it seeme an hard condition to thee to be reconciled to thy adulterous wife ? If it seeme difficult , then faith is wanting : where is charitie , if we condemne them still to bee adulterous which are cleansed by the water of baptisme , and washed by the teares of repentance ? He rendereth a reason of this doctrine . In the olde Lawe men were frobidden to receiue such women as were polluted by adulterie , beeing so hainous offence as it could not be cleansed by sacrifice , but vnder the new Testament by the bloud of Christ , which is a more worthy sacrifice then all the rest , all offences are forgiuen , and therefore Dauid as a figure of the new Testament receiued Saules daughter an adulterous woman ; and since , Christ hath said to the woman , I will not condemne thee , sinne no more ; Quis non videt ignoscere debere maritum cui ignouisse videt Dominum ? shal not the husband forgiue her whom Christ hath forgiuen ? or esteeme her as polluted whom the bloud of Christ hath cleansed ? Quibus hoc Christi factum displicet , hos non seueros castitas fecit , sed ipsi aegroti medicum reprehendunt , in adulteros adulteri saeuiunt . They which like not of this iudgement of Christ , are not so seuere against others because themselues are chaste , but themselues beeing sicke , mislike their phisition ; and punish adultery , being adulterous themselues ; like the men which brought the woman to our Sauiour to be stoned , their selues being offenders . I aske saith he , whether it bee lawful to put her to death by the law of the Romanes , or to put her away by the lawe of God ? Si licet , melius est vt ab vtroque se temperet , & a licito illâ peccante supplicio , & ab illicito illâ viuente coniugio , quum eni●● vtrumque secundum legam Christi sit illicitum , siuè adulteram occidere , siuè illâ viuente aliam ducere , ab vtroque est abstinendum , nec illicitum prò illicito faciendum . If it be lawfull to doo either , yet is it better to do neither of thē . Not to do all which in extremitie we may , but to abstaine frō that lawful punishment when she offendeth , & this vnlawfull marriage while she liueth . But seeing both are vnlawfull by the law of Christ , which neither determineth that adulterie should be punished with death , neither alloweth a man to marry againe while the adulteresse liueth ; both are to be forborne , and one sinne is not to be requited with an other . The fi●t : If the husband may not put away his wife for adulterie and marry an other , then must the gap be opened to dishonestie , and a chaste man must will he , nil he , be subiect to an harlot . That which he alleadgeth against vs , maketh most of all for vs , the restraining of marriage after diuorcement is so farre from giuing occasion to be vnchaste , as it keepeth many within the bounds of chastitie , which otherwise would not containe : for who seeth not that if they which bee diuorced may marry againe , when husbands and wiues are weary one of an other , they will confesse adultry that they may be diuorced & mary others ? The sixt , is a decree of an aunciēt Councel , that such mē as take their wiues in adulterie , themselues being chaste , and are prohibited to marry others should be perswaded to refraine while their wiues are liuing . This also maketh for vs , for the fathers in that councell were so farre from allowing the second marriage , that they withstood it two wayes , praecepto & consilio , both by commaundement , and also by aduice : by commaundement , because they say by lawe it was prohibited : by aduice , because they vsed perswasion to the contrary , hauing power of themselues by their decree to haue made it lawfull , had they not held it according to the word of God to be vnlawfull . The last , is the authoritie of Epiphanius , saying : that if a man marry a second wife , his first beeing diuorced , hee is not subiect to the censure of the Church , so as hee conuerse but with one , and forsake the company of the other : but in such case his frailtie is tollerated . In which words , what doth Epiphanius say more then wee haue saide already , that the Church hath sometimes tolerated thē which haue put away one wife and married an other : which practise if it were honest , and iust , & consonant to Gods word , what needed a tolleration ? Moses had not bene said to haue tollerated diuorcement , other Magistrates vsurie , other stewes , other drunkennesse , if these things had bene lawfull . As for Melancthon which affirmeth that if the husband be vnkinde to his wife , and neglect the care of his family , the Christian Magistrate may warrant her to marry an other : his assertion is like the charters of great Princes , which write teste meipso , witnesse my self . For soundnesse of reason , testimony of scriptures , grounds of diuinitie , he can haue none in the fauour of so monstrous an opinion , neither doth he alledge any . If he haue any shewe of proofe to ground his absurditie vpon , it can bee but this . He which careth not for his family hath denied the faith . And if the vnbeleeuing husband will needes depart , let him , for a brother or sister is not subiect in such things . But these words were concerning such as were married , during the time of their infidelitie before they were cōuerted to the faith ; of which sort we haue none in Christian Common-wealthes ; and yet not so as if an vnbeleeuing husband could be forced by the Magistrate to depart ; onely if he will depart saith the Apostle , let him depart , but if hee bee content to dwell with her , she must not forsake him : and still this conclusion standeth firme , if he do depart , so long as his wife liueth hee may not marry . Of the third proposition , the woman which is diuorced may not marry . Whosoeuer marrieth her which is diuorced committeth adulterie . It followeth then , that she remaineth stil his wife from whom she was diuorced , else it were no adulterie for a man to marry her , and if shee remaine his wife , then is he still her husband , notwithstanding the seperation , therefore it is no diuorcement . So saith Augustine : Illud qui dimissam duxerit maechatur , quo modo verum esse potest ? nisi quia ea quam duxit vxor , aliena est priori marito à quô dimissae est adhuc viuenti ? sienim suae , non alienae vxori miscetur , tùm non maechatur , at maechatur , ergo aliena est cui miscetur , si antèm aliena est , tùm non cessat illius essa vxor à quo dimissa est , si autem cessat , tum huius alterius est cui nupsit , et si huius , tùm non maechus iudicandus est sed maritus . That saying of our Sauiour : hee that marrieth her which is diuorced commiteth adultry : how can it be true ? vnlesse because the woman which he hath married , is an other mans wife : that is , his from whom she was diuorced , so long as he liueth ? for if he marry no mans wife but his owne , then is it no adultery : but it is adultery , therefore shee is an other mans wife , and not his owne , else he could not be iudged an adulterer , but her lawfull husband . Seruis quidèm licet mutare dominos viuentes , vxori autem non licebit viros commutare viuentes , alioqui adulterium perpetrabit . A seruant hath more libertie in the bondage of his seruice , then a woman in the freedome of her wedlocke , hee may chaunge maisters , shee may not chaunge husbands , while her first husband liueth . Secundae nuptiae priore marito viuente pollutio sunt non matrimonium . For if shee take an other husband she is defiled , but she is not married . If then he which marrieth her that is diuorced cōmitteth adultery , why doth Beza allow her to marry ? His answere is : Whosoeuer marrieth her which is diuorced , vnlesse she be diuorced for adultery , committeth adultery by marrying her , but if she be diuorced for adulterie she may lawfully marry . By which answere doo but vouchsafe to take knowledge of the great inconueniences which shall bee brought , and burdens which shall be laide vppon a Christian kingdome . They which be married , wil vpon their discontentments commit fornication that they may be vnmarried , then it will bee no more then this : 〈◊〉 fatuū fateor , quem calceus vrget et vxnor , If a mans shooe pinch him , no more but goe to the shoomakers shop and buy a new paire of shooes : if a mans wife grieue him , a present remedy , to go to the church & mary a new wife . And thē shal the questiō be , who shal keep the children ? S. Augustine is of a cōtrary iudgemēt to Beza . Qui dicimus : Qui mulierem praetèr fornicationém dimissam ducit maechatur , nō ideò maechari negamus qui eāducit quae proptèr fornicationē dimissa est , vterque enim est maechus , qui ob fornicationem dimittit & aliam ducit , & etiàm qui citrà fornicationem dimittit & aliam ducit , non enim ex hoc alter maechus negatur quoniam alter maechus exprimitur . Wee which say , hee is an adulterer which marrieth her which is diuorced , vnlesse she be diuorced for adulterie : doo not therefore denie but he is an adulterer also which marrieth her that is diuorced for adulterie , for they are both adulterers , whether it be for fornication or not : if they marrie her which is put away . For the affirmation of the one to be an adulterer , is not a denial but that the other also is an adulterer . Although saith he , S. Mathew by expressing one adulterer , and concealing the other , hath made it hard to vnderstand , yet other Euangelists speaking in a generalitie haue made it plaine , that it is to be vnderstood of both , because Marke saith : Whosoeuer shall put away his wife and marry another , committeth adulterie against her : and if a woman put away her husband and marrie an other , she committeth adultery . And S. Luke hath the same . Qui ergo not sumus vt dicamus : Est qui maechatur vxore dimissa alteram ducens , & est qui hoc faciens non maechatur , quū euangèlium dicat omnem maechari qui hoc facit ? Who is man that hee should distinguish more subtilly then the holy Ghost hath distinguished ? saying : some men which put away their wiues and marry are adulterers , and others are not , when S. Marke and S. Luke being expositors of S. Mathew , shewe that all are adulterers which marry them which are put away , bee the cause of their diuorcement whatsoeuer ? Neither can this answere of Beza satisfie , that in Geneua adultery is punished with death , and so all controuersies are ended ; for then what needeth diuorcement ? If when the man hath put away his wife for adultery , the Magistrate doo put her to death , the case is cleare , he may marry againe : not because shee is diuorced , but because she is dead . But many Christian Lands haue no such lawe as to punish adulterie with death , neither are Christians bound to take examples by Iewes and Turkes which did , and do the same . The lawe of the Gospell hath imposed no such commaundement vpon vs , but euery kingdome hath Christian libertie to establish such ciuill lawes , as the wisedome of the land shall see fit for the state to beare . It doth not make against vs that by the lawe of God adultery was punished with death among the Iewes , no more then that by the Iawe of God , theft was not punished with death among the Iewes , but with restitution of foure and fiue-folde . It was not lawfull among the Iewes to gather the glaynings of their owne haruest , nor to let the bodies of them which are hanged to hang all night to sowe two sorts of graine together as Wheat and Rye in one field , for Christians these things are lawful . God gaue three lawes vnto the Iewes , one moral which remaineth stil in force among all nations the second ceremoniall , which was abrogated by the death of Christ : the third iudiciall for ciuill gouernment , which did belong to the Iewes only but punishment of adultery with death was a part of the iudiciall lawe , and therefore bindeth not vs to obey it which be Christians . But S. Hierome saith : Omnes occasiones Apostolus amputaens ●partè definit viu●nte viro adulteram asse mulierem si alteri nupserit . The Apostle preuenteth all qu●●kes and euasions , setting it downe as a positiue doctrine , that what woman soeuer marrieth while her first husband liueth , she committeth adultery : And S. Angustine : Licitè dimittitur coniux proptèr causam fornicationis , sed manet vinculū prioris proptèr quod reus sit adulterij qui dimissam duxerit , etiā ob causam fornicationis . A woman may bee seperated from her husband for fornication , but still shee is his wife , and he which marrieth her committeth adultry , although she were put away for fornication . In so great a cloude of witnesses of our side , wee may bebolde , notwithstanding the iudgement of Beza , and the late writers of the reformed Churches . The Libertines of our age , now liuing , giue a prerogatiue in this case to the man aboue the woman , because of the Sexe , because the one is a man , the other but a woman ; as if the one might marrie , but not the other , abusing the word of God to their owne damnation , turning the grace of God into wantonnesse . Euen as others will prooue rebellion and high treason out of the scriptures , that the people are aboue their King : out of the scirptures , so will they take libertie to themselues out of the scriptures , to maintaine theyr vncleane and licentious life , as that the man may put away the woman and not commit adultery in marrying an other , but the woman may not doo the like , because , say they , the man may haue many wiues , but the woman may not haue many husbandes . Theyr proofe is the saying of Nathan to Dauid . Thus sayth the Lord : I annoynted thee King ouer Israel , deliuered thee out of the hand of Saule , gaue thee thy Lordes house , and thy Lordes wiues into thy bosome , and if that hadde not beene inough , I would haue giuen thee such and such things : why then hast thou taken Vrias his wife ? Innocentius the third maketh answere , that Dauid and the Patriarkes hadde by particular dispensation from God , multitude of wiues , and were excused of poligamy , which wee are not : euen as Iacob tolde a lye , the Israelites robbed the Aegyptians , Sampson murthered the Philistines , the Leuites compassed the walles of Iericho , with their Trumpets of Rammes hornes vpon the Sabaoth day , but wee may not do the like . But saith he : Christiana religio adulterium in vtroque sexu aquali ratione punit . Christian religion punisheth adulterie in man and woman both alike . And Augustine : Tu exigis hoc ab vxore & non vis reddere hoc vxori ? Marriage duties must be kept as well of the man as of the woman . Others there be , which make a distinction betweene the partie innocent and the partie nocent ; as if the one might marry , but not the other . But that the partie nocent may marry as well as the innocent , I prooue by these foure reasons . The first , the custome and practise of the Iewish Church when Moses liued , from whence the Christians haue learned diuorcement , Moses saith : If a man take a wife , and shee finde no fauour in his eies , because he hath espied filthinesse in her , in so much that he doo giue ger a Bill of diuorcement , and she marry an other , and her second husband diuorce her in like maner , or die , let her not returne to her first husband againe , after shee is defiled . By which word it is euident , that when Moses liued , women which were diuorced for adulterie did marry againe , as well as their husbands which did diuorce them . The second , is the set forme of words which the Iewes at this time doo vse in their Bills of diuorcement , which is after this manner . In the sixt of the Sabaoth , the 12. of the moneth of Adar , the yeare of the creation of the world , 5306. in the Citie of Cremona , lying vpon the Riuer of Poe in Italy ; I Samuel Carmin , the sonne of Rabbi Daniel Saphard , doo of mine owne vuluntarie motion send away from mee , my wife Rachel , the daughter of Rabbi Ezra Parizol , and do giue her free liberty to depart whether she will , and marry whom she will : and that there may be no let●e or hinderance to the contrary : I haue giuen her this Bill of diuorcement , subscribed and sealed according to the constitution of Moses and Israel , in the presence of these witnesses : Mardochi Gabriel , Elias Cephat , Manuel Pandin . The third , the definition of diuorcement , which is giuen by our Sauiour Christ in the Gospell : it is a seperating of them by the lawe of man , which are linked together by the law of God , which is as much as the vntying of the knotte of marriage so that if the knot be vntied , both are free . The husbād & the wife are relat● , one cannot be without the other : if she be boūd , she is some bodies wife , thē he which diuorced her is her husband : there cānot be a wife without an husband , nor an husband without a wife . The 4. wheras they which speak in fauour of the party innocent , take aduantage of the words , & argue thus : He which putteth away his wife , vnles it be for fornication , and taketh an other , cōmitteth adultry ▪ therefore if it be for fornication , it is no adultry . If that kinde of arguing bee good , I can by the same , prooue that the partie nocent may likewise marry , & thus I argue : He which marrieth her which is diuorced , vnles shee be diuorced for fornication , committe●h adultry ▪ therefore if he marry her which is diuorced for fornicatiō , it is no adultry . Thus haue I prooued that neither man nor woman , nocent nor innocent , may marry againe : and leauing doctrine , I come to exhortation . S. Paul saith : I am a debter to all , both to the wise and the vnwise , I haue ministred already strong meate vnto thē which are men , I must now giue milk vnto them which are babes , and do as the Scribe did ▪ which when the Iew did demaund of him a Bill of diuorcement , did disswade him : So , that I may disswade all that intend it , and perswade them which haue alreadie done it , to receiue their wiues into fauour againe . Iohn the Baptist came in the spirit of Elias , to turne the hearts of the fathers to the children . I pray God that I may come also in the spirit of Elias and Iohn the Baptist , to turne , not onely the hearts of the fathers to the children , but also the husbandes to theyr wiues : which dooing , I shall doo a worke of charitie , a peece of seruice acceptable vnto God. Why should a man diuorce his wife ? why should hee not vpon her repentance receiue her againe after shee is put away ? S. Peter w●●●eth to all husbandes in this manner . Ye husbands , dwell with your wiues as men of knowledge , giuing honour vnto the woman as vnto the weaker vessell , euen as they which are heires together of the grace of life , that your prayers bee not interrupted ▪ In which I obserue the generallitie that husbands must dwell with their wiues , and not depart from them : the fiue particulars , how they must dwell with them ; as men of knowledge . Wherein doth this knowledge or discretion consist ? in giuing honour to the woman ? why should the man giue honour to the woman ? because shee is the weaker vessell . Why should her weaknes be so much respected , as that honour should be giuen to her fragilitie ? because notwithstanding her weaknes & infirmity , she is an heire & co-heire of saluation as well as her husband , and therfore he must respect her as himselfe . What is the mischiefe and inconuenience which else may followe ? God cannot be well serued betweene them both , because their praiers will be interrupted . The Husbandes then must dwell with their wiues , what that is , it is explaned by Saint Paul , the best expositor of Saint Peter ; ( Be it spoken with circumcised hearts ) The husband ( saith Paul ) must giue due benevolence to the wife , & the wife to the husband● what that is he sheweth afterward , ( let no man thinke that vncleane which the holy Ghost hath spoken ) The wife hath not power ouer her owne bodie but the man ; and the man hath not power ouer his owne bodie , but the woman . Againe : Defraude not one an other except it be for a time , that yee may giue your selues to fasting and praier , and come together againe , least sathan tempt you for your incontinency . To dwell with a mans wife , is to be an helpe vnto her , as Ioseph was to Mary ▪ hee which hath not a care of his familie , hath denied the faith : but he which forsaketh the company of his wife , doth neglect his family two manner of wayes : first cōcerning thrift , secondly cōcerning good name and same , because both of them shall be suspected to be incontinent liuers . Husbands must dwell with their wiues as men of knowledge . The man is the womans head , as Christ is the mans head , and God is Christs head , the woman is but the Image of the man , as the man is the Image of God. But there must needes be more perfection in the head wherein are all the senses , vegetation & vnderstanding , thē in the bodie which hath but vegetatiō & one only sense , that is feeling ; in the body , then in the shadowe ; in the archetypus or first forme , then in the Image of the same . All beasts in the old lawe were vncleane , and vnfit for sacrifice , which did not ruminate and chewe the cudde : there was represented discretion , but men must be better thē are beastes , therefore they must liue discreetly with their wiues , but a discreet man will of himselfe cōsider , that by how much he excelleth his wife in knowledge vnderstanding and all maner of perfection , so he ought to conceale many infirmities in the woman , to deuour , and as it were swallow vp many indignities which do arise of her weakenesse . God saith : Hencefoorth my spirit shall not 〈◊〉 with man because bee is flesh : you 〈…〉 set your wit to theirs , they are but flesh , and you in comparison of them are spirit . And ●as a belee●ing husband may sanctifie & 〈◊〉 an vnbeleeuing wife 〈◊〉 so discreet man may reforme an vndiscreet wife , euen as when the bodie is out of temper , it is in the wisedome of the head to cure the bodie , and bring the disordered members into order . Husbands must giue honour vnto their wiues . There is one honour which the inferiour doth owe to his supeririour , Feare God , and honour the King. Another which superiours owe to their inferiours , and all one to another , Honour all men . In giuing honour , goe before one an other . All members ( saith Paule ) are not alike , but on those members which we thinke most dishonest , we put most honestie on : vpon our vncomely parts we put most comelines on , for our comely parts need it not , but God hath tempered the bodie together , and giuen more honour to the member that lacketh . And so must husbands do to their wiues . The woman is the weaker vessell , and the man himselfe is but a vessell , and notwithstanding his strength hee is but weake . He doth not say : Giue honour to the ●●man because she is good , but because she is weake : not for her vertue , but for her fragilitie : for your selues are so , or may be so Brethren saith Paul , If a man be suddenly taken in an offence , you which be spirituall , must restore such an●one with the spirit of meeknes , considering ●est thou also be tempted , beare one an others burden ▪ 〈◊〉 fulfil the law of Christ. We haue 〈…〉 examples of womē which were 〈◊〉 vessels . The woman was the first in the preuarication and not the man. Abraham beleeued the Angell when Sara laughed . Lots wife did looke back towards Sodome , Lot did not . Moses his wife repined at her childes circumcision , himselfe did not . Sara was so hard h●rted as to turne Agar out of doores , Abraham was not . Iezabel could without remorse of conscience set downe the whole plot and proiect how Naboth should loose his life and his vineyard , Achab could not . The wife of Zebedeus could audaciously aske of our Sauiour Christ that her sonnes might sit on his right hād & his left , her husb̄d could not . Salomons wiues corrupted him , he corrupted them not . Sampsons wife betraied him , he betraied not her . Some of these offen●● were worse thē adultery , yet their husband did not nourish hatred against them . Though they be weake vessells ; yet are they heires of the kingdome of heauen as well as their husbands . Christ was borne a man , but borne of woman , that he might sanctifie both man and woman ; through childbirth the woman shal be saued , if they continue in the faith , and loue , and holinesse , with modestie . The word of God hath giuen precepts of godly life vnto women , that liuing godlily as did Elizabeth , Sara , Anna , Rebecca , they might be saued , The man and wife are to liue together in the life to come , not as a man and wife , but as the Angels and Saints in heauen , why then shal they liue asunder vpon the earth ? If they liue not together , theyr prayers shal be interrupted . This reason alone is sufficient to compose and qualifie all greeuances between man & wife . They ought to pray together , for prayer is a principall part of Gods seruice ; and if they will haue God to be deuoutly serued , al grudges and quarrels must be layd aside . God heareth not the prayers of them which be sinfull : no greater sinne then continuall fostering of hatred and inward malice . Iosua saith , I and my house will serue the Lord : Zacharie and his wife with him walked in the ordinances of God without reproofe . And it is the maner of you Citizens when you are dead , to haue your wiues and your selues pictured vpon your graues , lifting vp your hands and praying together . But it is plaine mockery to be pictured praying together vpon your graues when you are dead , if so be that you doo not pray together in your houses while you are aliue : and therefore learne by the marble monuments and pictures of the dead , what yee ought to doo while ye are aliue . I ende with Moses , beseeching God that my doctrine may be as the raine , and my speech as the deawe of heauen and the showre vpon the hearbes , and as the great raine vpon the grasse , For I will publish the name of the Lord : giue ye glory vnto our God. To this God the Father , the Sonne , and the holy Ghost , be all power , glory and dominion , both now and for euermore . Amen . FINIS . Notes, typically marginal, from the original text Notes for div A20684-e80 1. Tim. 1. 13. 1. Cor. 4. 1. Cor. 3. ● . Cor. 6. 1. Cor. 11. 1. Tim. 17. Epist. Iudae v. 10. & 16. Apoc. 19. Gal. 1. 8. 1. Iohn . 4. Ioh. 6. 15. Ioh. 3. 30. Ier. 48. Math. 10 ▪ Psal. 45. Dan. 2. 1. Tim. 2. Dè inuent . sanctae crucis . Hom 20. Ex. 17. Psal. 59. 1. Reg. 18. Deut. 25. Math. 12. Apoc. 5. Ex. 34. Iud. 14. & 15 Notes for div A20684-e880 ●sa . 6. 9. et● ▪ 1. Thess. 5. 21. Dan. 5. ● 5. 2. Thess. 2. 3 Vers. 7. Iacob . 2. 10. Leuit. 1● . 1● Marc. 16. 16 Mat. 1. 18. Hieron . cōtra ●eluidiū Math. 28. ● . Cor. 15. Decretal . lib. 5. Tit. 40 cap. 6. verba intelligenda sunt , non secundum quodsonāt , sed secundū mentem proferentis , Hilar. Intelligentia dictorum ex causis est assumenda dicendi , quia non sermonires , sed reisermo est subiectus . De adulterinis coniugijs . lib. 1. cap. 9. Iac. 4. 17. Gen. 2. 14. 1. Cor. 6. 16 Eph. 5. 3. Deut. 24. Math. 5. Math. 5. 43. Leuit. 19. 18 If any obiect that the history is otherwise related in Marke ▪ I answere with Greg ▪ Decretal . lib. 5. Tit. 40. cap. 7. Nihil obstat narrandi diuersit as &c. Vrsinus Doctr. Christ. 2. parte , in 7. praecep . Scopus precepti non maechaberis , est conseruatio castitatis & munitio coniugij . Quicquid ergò facit ad castitarem & muniendum coniugium , hâc Jege praecipitur , contrarium prohibetur . Sub adulterio prohibentur omnia vitia castitati contraria , & corum cognatae species , causae , occasiones , effectus , antecedentia , consequentia . Deut. 24. Vide Chrysost . in Lib. de libel . repud . L. Ideser , dom . in monte Gen. 4. 2. Reg. 6. Gen. 3. 8. Ionas . 1. Lo●o com ▪ de cōiugio . Loco com ▪ de diuortio . Rom. 7. 2. 1. Cor. 7. 16 1. Cor. 7. 5. Tho. Aqui. in 1. Cor. 7. Gen. 24 ▪ Gen. 29. Gen. 16. Iohn . 8. Grat. decret ▪ pars ricausa 32. quaest . 6. cap. 1. ex Aug. dè ser. in monte . cap. 8. Rom. 8. Ro. cap. ● . Gen. 3● . Lib. de libello repudij . Lib de diuortio . Grat decret 2. pars . 32. causa . 7 quaest . 1. & 2. cap Aug. de bono coniugali ▪ cap 7. Dè adult . con●ug . li. 2. cap. 4. Concil . Mil●uitan cap. 17. Ad Pollentium . lib. 2. cap. 10. 1. Cor. 7. Mat. 18. Adpoll . l 2. cap. 6. & ● . 1. Sam. 18. Iohn . 8. Concil . Aulatensis can . 10. Epiph. co●tra Cathores . 1. Tim. 5. 1. Cor. 7. De adule , Coniug . li. 1. cap. 11. Chrysost. de lib. re . pudij . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 De adult . coniugijs . lib. 1. cap. 9. M●c . 10. 11. Luc. 16. 18. Ex. 22. 1. Leuit. 19. 9 Deut. 21. 23. Ad Amandum presbyterum . Ad Apollēt . li. 2. cap. 4. Canon . apost . 47. Vindiciae contrà tyrannos . ● . Sam. 12. Gen. 27. Ex. 11. 2. Iud. 16. 30. Iosua . 6. 15. Innocentius Epist. 3. ad Exeuperiun . De 10 chordis cap. 3. Deut. 24. Sixti senensis Biblioth . sanct . lib. 2. ex libro Rabbi Mosis d● Co●i . Rom. ● Mal. 4. 1. Pat. ● . 7. 1. Cor. ● . 1. Tim. 5. Ephe. 5. 1. Cor. 11. 1. Pet. 2. 1. Cor. 1● ▪ Gala ▪ 5. 〈◊〉 . Gen. 3. 3. Tim. ● . Gen. 18. Gen. 19. Exod. 4. Gen. 21. 1. Reg. 21. Math. 20. 1. Reg. 21. Iudg. 1● . and 16. 〈…〉 1. Tim. 2. Pro. 18. Iosua . Luc. 1. Deut. ●2 . 
A69646	----	The Ivdgement of Martin Bucer concerning divorce written to Edward the sixt, in his second book of the Kingdom of Christ, and now Englisht : wherein a late book restoring the doctrine and discipline of divorce is heer confirm'd and justify'd by the authoritie of Martin Bucer to the Parlament of England. De regno Christi. De coniugio & divortio. English Bucer, Martin, 1491-1551. This text is an enriched version of the TCP digital transcription A69646 of text R3964 in the English Short Title Catalog (Wing B5270). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 95 KB of XML-encoded text transcribed from 22 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A69646 Wing B5270 ESTC R3964 11885607 ocm 11885607 50364 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A69646) Transcribed from: (Early English Books Online ; image set 50364) Images scanned from microfilm: (Early English books, 1641-1700 ; 228:E4, no 19) The Ivdgement of Martin Bucer concerning divorce written to Edward the sixt, in his second book of the Kingdom of Christ, and now Englisht : wherein a late book restoring the doctrine and discipline of divorce is heer confirm'd and justify'd by the authoritie of Martin Bucer to the Parlament of England. De regno Christi. De coniugio & divortio. English Bucer, Martin, 1491-1551. Milton, John, 1608-1674. [16], 24, [2] p. Printed by Matthew Simmons, London : 1644. Translated by John Milton. Cf. BLC. The 1st anonymous edition of the "late book" mentioned in the title, Milton's Doctrine and discipline of divorce, was published in 1643, the second edition in 1644. "To the Partlament," 5th-8th prelim. p. signed: John Milton. "A post-script": 2 p. appended. Reproduction of original in Thomason Collection, British Library. eng Milton, John, 1608-1674. -- Doctrine and discipline of divorce. Divorce. Marriage -- Early works to 1800. A69646 R3964 (Wing B5270). civilwar no The iudgement of Martin Bucer, concerning divorce. Writt'n to Edward the sixt, in his second book of the kingdom of Christ. And now Englisht Bucer, Martin 1644 18145 139 0 0 0 0 0 77 D The rate of 77 defects per 10,000 words puts this text in the D category of texts with between 35 and 100 defects per 10,000 words. 2003-12 TCP Assigned for keying and markup 2003-12 Apex CoVantage Keyed and coded from ProQuest page images 2004-12 Mona Logarbo Sampled and proofread 2004-12 Mona Logarbo Text and markup reviewed and edited 2005-01 pfs Batch review (QC) and XML conversion THE IVDGEMENT OF MARTIN BUCER , CONCERNING DIVORCE . Writt'n to Edward the sixt , in his second Book of the Kingdom of Christ . And now Englisht . Wherin a late Book restoring the Doctrine and Discipline of Divorce , is heer confirm'd and justify'd by the authoritie of MARTIN BUCER . To the Parlament of England . JOHN 3. 10. Art thou a teacher of Israel , and know'st not these things ? Publisht by Authoritie . LONDON , Printed by Matthew Simmons , 1644. Testimonies of the high approbation which learned men have given of Martin Bucer . Simon Grynaeus , 1533 . AMong all the Germans , I give the palm to Bucer for excellence in the Scriptures , Melanchton in human learning is wondrous fluent ; but greater knowledge in the Scripture I attribute to Bucer , and speak it unfainedly . Iohn Calvin , 1539 . Martin Bucer a most faithfull Doctor of the Church of Christ , besides his rare learning & copious knowledge of many things , besides his cleernes of wit , much reading , and other many and various vertues , wherein he is almost by none now living excell'd , hath few equalls , and excells most , hath this praise peculiar to himself , that none in this age ha●h us'd exacter diligence in the exposition of Scripture . And a little beneath . Bucer is more large then to be read by over-busied men , and too high to be easily understood by unattentive men , and of a low capacitie . Sir Iohn Cheek , Tutor to K. Edw. the sixth . 1551 . Wee have lost our Master , then whom the world scarce held a greater , whether we consider his knowledge of true Religion , or his integrity and innocence of life , or his incessant study of holy things , or his matchless labour of promoting piety , or his authority and amplitude of teaching , or whatever els was praise-worthy and glorious in him . Script . Anglicana , pag. 864. Iohn Sturmius of Strasborrow . No man can be ignorant what a great and constant opinion and estimation of Bucer there is in Italy , France , and England . Whence the saying of Quintilian hath oft come to my minde , that he hath well profited in Eloquence whom Cicero pleases . The same ●ay I of Bucer , that he hath made no small progress in Divinitie , whom Bucer pleases ; for in his Volumes , which he wrote very many , there is the plain impression to be discern'd of many great vertues , of diligence , of charitie , of truth , of acutenes , of judgment , of learning . Wherin he hath a certain prop●r kind of writing , wherby he doth not only teach the Reader , but affects him with the sweetness of his sentences , and with the manner of his arguing , which is so teaching , and so logical , that it may be perceiv'd how learnedly he separates probable reasons from necessary , how forcibly he confirms what he has to prove , how suttly he refutes , not with sharpnes , but with truth . Theodore Beza on the portraiture of M. Bucer . This is that countnance of Bucer , the mirror of mildnes , temper'd with gravitie ; to whom the C●tie of Strasburgh owes the reformation of her Church . Whose singular learning , and eminent zeal , joyn'd with excellent wisdom , both his learned books , and public disputations in the general diets of the Empire , shall witness to all ages . Him the German persecution drove into England ; where honourably entertain'd by Edward the sixt , he was for two years chief professor of Divinity in Cambridge , with greatest frequency and applause of all learned and pious men untill his death . 1551. Bezae Icones . Mr Fox book of Martyrs , Vol. 3. p. 763. Bucer what by writing , but chiefly by reading and preaching openly , wherin being painfull in the Word of GOD , he never spar'd himself , nor regarded his health , brought all men into such an admiration of him , that neither his friends could sufficiently praise him , nor his enemies in any point find fault with his singular life , & sincere doctrine . A most certain tok'n wherof may be his sumptuous burial at Cambridge , solemniz d with so great an assistance of all the Universitie , that it was not possible to devise more to the setting out and amplifying of the same . Dr Pern the Popish Vicechancelour of Cambridge his adversary . Cardinal Pool about the fourth year of Queen Mary , intending to reduce the Universitié of Cambridge to Popery again , thought no way so effectuall , as to cause the bones of Martin Bucer and Paulus Fagius , which had been foure years in the grave , to be tak'n up and burnt openly with thir Books , as knowing that those two worthy men had bin of greatest moment to the reformation of that place from Popery , and had left such powerfull seeds of thir doctrine behind them , as would never die , unless the men themselvs were diggd up , and openly condemn'd for heretics by the Universitie it self . This was put in execution , and Doctor Pern Vicechancelor appointed to preach against Bucer . Who among other things laid to his charge the opinions which he held of the marriage of Priests , of divorcement , and of usury . But immediatly after his Sermon , or somwhat before , as the Book of Martyrs for a truth relates , Vol. 3. p. 770. The said Doctor Pern smiting himself on the breast , and in manner weeping , wisht with all his heart , that God would grant his soul might then presently depart , and remain with Bucers ; for he knew his life was such , that if any mans soul were worthy of heaven , he thought Bucers in special , to be most worthy , Histor. de Combust . Buceri , & Fagii . Acworth the Vniversitie Orator . Soon after , that Queen Elizabeth came to the crown , this condemnation of Bucer and Fagius by the Cardinal and his Doctors , was solemnly repeal'd by the Universitie ; and the memory of those two famous men celebrated in an Oration by Acworth the Universitie Orator , which is yet extant in the Book of Mattyrs , Vol. 3. p. 773. and in Latin . Scripta Anglic. p. 936. Nicolas Carre , a learned man , Walter Haddon Maister of the Requests to Queen Elizabeth , Matthew Parker , afterwards Primate of England , with other eminent men , in their funeral Orations and Sermons expresse abundantly how great a man Martin Bucer was , what an incredible losse England sustain'd in his death ; and that with him dy'd the hope of a perfet reformation for that age . Ibid. Iacobus Verheiden of Grave , in his Elogies of famous Divines . Though the name of Martin Luther be famous , yet thou Martin Bucer , for piety , learning , labour , care , vigilance , and writing , art not to be held inferior to Luther . Bucer was a singular instrument of God , so was Luther . By the death of this most learned and most faithfull man , the Church of Christ sustaind a heavy losse ; as Calvin witnesteth ; and they who are studious of Calvin , are not ignorant how much he ascribes to Bucer ; for thus he writes in a Letter to Viretus : What a manifold losse be●ell the Church of God in the death o●Bucer , as oft as I call to minde , I feel my heart almost rent asunder . Peter Martyr Epist. to Conradus Hubertus . He is dead , who hath overcome in many battells of the Lord . God lent us for a time this our Father , and our Teacher , never enough prais'd . Death hath divided me from a most unanimous friend , one truly according to mine own heart . My minde is over-prest with grief , in so much that I have not power to write more . I bid thee in Christ farewell , and wish thou maist be able to beare the losse of Bucer , better then I can beare it . Testimonies giv'n by learned men to Paulus Fagius , who held the same opinion with Martin Bucer concerning Divorce . Paulus Fagius born in the Palatinate , became most skilfull in the Hebrew tongue . Beeing call'd to the Ministery at Isna , he publisht many ancient and profitable Hebrew Books , being aided in the expenses by a Senator of that Citie , as Origen somtime was by a certain rich man call'd Ambrosius . At length invited to Strasburgh , he there famously discharg'd the office of a Teacher ; until the same persecution drove him and Bucer into England , where he was preferr'd to a Professors place in Cambridge , and soon after died . Melchior Adamus writes his life among the famous German Divines . Sleidan and Thuanus mention him with honour in their History . And Verheiden in his Elogies . To the PARLAMENT . THE Book which among other great and high points of reformation , contains as a principall part thereof , this treatise here presented , Supreme Court of Parlament , was by the famous Author Martin Bucer , dedicated to Edward the sixt : whose incomparable youth doubtless had brought forth to the Church of England such a glorious manbood , bad his life reacht it , as would have left in the affairs of religion , nothing without an excellent pattern for us now to follow . But since the secret purpose of divine appointment hath reserv'd no lesse perhaps then the just half of such a sacred work to be accomplisht in this age , and principally , as we trust , by your succesful wisdom and authority , religious Lords and Commons , what wonder if I seek no other , to whose exactest judgement , and revieu I may commend these last and worthiest labours of this renowned teacher : whom living , all the pious nobility of those reforming times , your truest and best imitated ancestors , reverenc't and admir'd . Nor was be wanting to a recompence as great as was himself ; when both at many times before , and especially among his last sighs and prayers testifying his dear and fatherly affection to the Church and Realm of England , he sincerely wisht in the hearing of many devout men , that what he had in this his last book written to King Edward concerning discipline , might have place in this Kingdom . His hope was then that no calamity , no confusion , or deformity would happen to the Common-wealth ; but otherwise he fear'd , lest in the midst of all this ardency to know God , yet by the neglect of discipline , our good endeavours would not succeed . These remarkable words of so godly and so eminent a man at his death , as they are related by a sufficient and well known witnes , who heard them and inserted by Thuanus into his grave and serious history , so ought they to be chiesly consider'd by that nation for whose sake they were utter'd , and more especially by that general Counsel which represents the body of that nation . If therfore the book , or this part therof , for necessary causes , be now reviv'd and recommended to the use of this undisciplin'd age , it hence appears that these reasons have not err'd in the choyee of a fit patronage , for a discourse of such importance . But why the whole tractat is not beer brought entire , but this matter of divorcement selected in particular , to prevent the full speed of some mis-interpreter , I hasten to disclose . First , it will be soon manifest to them who know what wise men should know , that the constitution and reformation of a common-wealth , if Ezra and Nehemiah did not mis-reform , is , like a building , to begin ord●rly from the foundation therof , which is mariage and the family , to set right fi●st what ever is amisse therein . How can there els grow up a race of warrantable men , while the house and home that breeds them , is troubl'd and disquieted under a bondage not of Gods constraining with a natureles conste●int ( if his most righte●us judgements may be our rule ) but laid upon us impe●iously in the worst and weakest ages of knowledge , by a canonicall tyranny of stupid and malicious Monks : who having rashly vow'd themselves to a single life , which they could not undergoe , invented new fetters to throw on matrimony , that the world thereby waxing more dissolute , they also in a general loosnes might sin with more favor . Next , there being yet among many , such a strange iniquity and perversnes against all necessary divorce , while they will needs expound the words of our Saviour not duly by comparing other places , as they must doe in the resolving of a hunder'd other Scriptures , but by persisting deafely in the abrupt and Papistical way● of a literal apprehension against the direct analogy of sense , reason , law and Gospel , it therfore may well seem more then time to apply the sound and holy persuasions of this Apostolic man , to that part in us , which is not yet fully dispossest of an error as absurd , as most that we deplove in our blindest adversaries ; and to let his autority and unanswerable reasons be vulgarly known , that either his name , or the force of his doctrine may work a wholsom effect . Lastly , I find it cleer to be the authors intention that this point of divorcement should be ●eld and receav'd as a most necessary and prime part of discipline in every Christian government . And therfore having reduc't his model of reformation to 14. heads , he bestows almost as much time about this one point of divorce , as about all the rest ; which also was the judgement of his heirs and learned friends in Germany , best acquainted with his meaning ; who first publishing this his book by Oporinus at Basil ( a Citie for learning and constancie in the the true faith , honorable among the first ) added a special note in the title , that there the reader should finde the doctrine of Divorce handl'd so solidly , and so fully , as scars the like in any Writer of that age : and with this particular commendation they doubted not to dedicate the book , as a most profitable & exquisit discours , to Christian the 3d , a worthy & pious King of Denmark , as the author himself had done before to our Edward the sixt . Yet did not Bucer in that volume only declare what his constant opinion was herein , but also in his comment upon Matthew , written at Strasburgh divers years before , he treats distinctly and copiously the same argument in three severall places ; touches it also upon the 7. to the Romans , & promises the same solution more largely upon the 1. to the Corintbians , omitting no occasion to weed out this last and deepest mischief of the Canon law sown into the opinions of modern men against the lawes and practice both of Gods chosen people , and the best primitive times . Wheri● his faithfulnes and powerful evidence prevail'd so farre with all the Church of Strasburgh , that they publisht this doctrine of divorce , as an article of their confession , after they had taught so eight and twenty years , through all those times , when that Citie flourisht , and excell'd most , both in religion , lerning , and good government , under those first restorers of the Gospel there , Zellius , Hedio , Capito , Fagius , and those who incomparably then govern'd the Common-wealth , Farrerus and Sturmius . If therefore God in the former age found out a servant , and by whom he had converted and reform'd many a citie , by him thought good to restore the most needfull doctrine of divorce from rigorous and harmfull mistakes on the right hand , it can be no strange thing if in this age be stirre up by whatsoever means whom it pleases him , to take in hand & maintain the same assertion . Certainly if it be in mans discerning to sever providence from chance , I could allege many instances , wherin there would appear cause to esteem of me no other then a passive instrument under some power and counsel higher and better then can be human , working to a general good in the whole cours of this matter . For that I ow no light , or leading receav'd from anyman in the discovery of this truth , what time I first undertook it in the doctrine and discipline of divorce , and had only the infallible grounds of Scripture to be my guide , he who tries the inmost heart , and saw with what severe industry and examination of my self , I set down ever● period , will be my witnes , When I had almost finisht the first edition , I chanc't to read in the notes of H●go Grotius upon the 5. o● Matth. whom I strait understood inclining to reasonable terms in this controversie : and somthing be whisper'd rather then disputed about the law of charity , and the true end of wedlock , Glad therfore of such an able assistant , how ever at much distance , I resolv'd at length to put off into this wild and calumnious world . For God , it seems , intended to prove me , whether I durst alone take up a rightful cause against a world of disesteem , & found I durst . My name I did not publish , as not willing it should sway the reader either for me or against me . But when I was told , that the stile , which what it ailes to be so soon distinguishable , I cannot tell , was known by most men , and that some of the Clergie began to inveigh and exclaim on what I was credibly inform'd they had not read , I took it then for my proper season both to shew them a name that could easily contemn such as indiscreet kind of censure , and to reinforce the question with a more accurat diligence : that if any of them would be so good as to leav rayling , and to let us hear so much of his lerning and Christian wisdom , as will be strictly demanded of him in his answering to this probl●me , care was had he should not spend his prep●rations against 〈◊〉 pamphlet . By this time I had l●rnt that Paulus Fagius , one of the chief Divines in Germany , sent for by Frederic the Pa●tine , to reforme his dominion ; and after that invited hither in King Edwards dayes to be Professor of Divinity in Cambridge , was of the same opinion touching divorce , which these men so lavishly traduc't in me . What I found , I inserted where fittest place was , thinking sure they would respect so g●ave an author , at lest to the moderating of their odious inferences . And having now perfected a second edition , I referr'd the judging therof to your high and impartial sentence , honour'd Lords and Commons . For I was confident , if any thing generous , any thing noble , and above the multitude , were left yet in the spirit of England , it could be no where sooner found , and no where sooner understood , then in that house of justice and true liberty where ye sit in c●unsel . Nor doth the event hitherto , for some reasons which I shall not ●eer deliver , faile me of what I conceiv'd so highly . Nevertheless being farre otherwise dealt with by some , of whose profession and supposed knowledge I had better hope , and esteem'd the deviser of a new and pernicious paradox , I felt no difference within me from that peace & firmnes of minde , which is of neerest kin to patience and contentment : both for that I knew I had divulg'd a truth linkt inseparably with the most fundamental rules of Christianity , to stand or fall together , and was not un-inform'd that divers lerned and judicious men testify'd their d●ily approbation of the book . Yet at length it hath pleas'd God , who had already giv'n me satisfaction in my self , to afford me now a means wherby I may be fully justify'd also in the eyes of men . When the book had bin now the second time set forth wel-nigh three months , as I best remember , I then first came to hear that Martin Bucer had writt'n much concerning divorce : whom earnestly turning over , I soon p●rceav'd , but not without amazement , in the same opinion , confirm'd with the same reasons which in that publisht book without the help or imitation of any precedent Writer , I had labour'd out , and laid together . Not but that there is some difference in the handling , in the order , and the number of arguments , but still agreeing in the same conclusion . So as I may justly gra●ulat mine own mind , with due acknowledgement of assistance from above , which led me , not as a lerner , but as a collateral teacher , to a sympathy of judgement with no lesse am in then Martin Bucer . And he , if our things heer below arrive him where he is , does not rep●nt him to see that point of knowledge which he first , and with an unche●t freedom preacht to those more knowing times of England , now found so necessary , though what he admonisht were lost out of our memory , yet that God doth now again create the same doctrin in another un● table , and raises it up immediatly out of his pure oracle to the convincement of 〈◊〉 p●rvers age , eager in the reformation of names and ceremonies , but i● real●ies as traditional and as ignorant as their forefathers . I would ask now the foremost of my profound accusers , whether they dare affirm that to be lic●ntious , new and dangerous , which Martin Bucer so often , and so urgently avoucht to be most lawfull , most necessary , and most Christian , without the lest blemish to his good name , among all the worthy men of that age , and since , who testifie so highly of him ? If they dare , they must then set up an arrogance of their own against all those Churches and Saints who honour'd him without this exception : If they dare not , how can they now make that licentious doctrin in another , which was never blam'd , or confuted in Bucer , or in Fagius ? The truth is , there will be due to them for this their unadvised rashnes , the best donative that can be giv'n them , I mean , a round reproof ; now that where they thought to be most Magisterial , they have display'd their own want , both of reading , and of judgement . First , to be so unacquainted in the writings of Bucer , which are so obvious and so usefull in their own faculty ; next , to be so caught in a prejudicating weaknes , as to condemn that for lewd , which ( whether they knew or not ) these elect servants of Christ commended for lawfull ; and for new , that which was taught by these almost the first and greatest authors of reformation , who were never taxt for so teaching ; and dedicated without scruple to a royall pair of the first reforming Kings in Christendom , and confest in the public confession of a most orthodoxall Church & state in Germany . This is also another fault which I must tell them ; that they have stood now almost this whole year clamouring a farre off , while the book hath bin twice printed , twice bought up , & never once vouchs● a friendly conference with the author , who would be glad and thankfull to be sh●wn an error , either by privat dispute , or public answer , and could retract , as well as wise men before him ; might also be worth the gaining , as one who heertofore , hath done good service to the Church by their own confession . Or if he be obstinat , their confutation would have render'd him without excuse , and reclam'd others of no mean parts who incline to his opinion . But now their work is more then doubl'd ; and how they will hold up their heads against the sudden aspect of these two great and reverend S●ints whom they have defam'd , how they will make good the censuring of that for a novelty of licence , which Bucer constantly taught to be a pure and holy law of Christs kingdom , let them advise . For against these my adversaries , who before the examining of a propounded truth in a fit time of reformation , have had the conscience to oppose ●ght 〈◊〉 but their blind reproaches and surmises , that a single innocence might not be oppr●st and overborn by a c●ow of mouths for the restoring of a law and doctrin falsely and unlernedly reputed new and scandalous , God , that I may ever magnifie and record this his goodnes , hath unexpectedly rais'd up as it were from the dead , more then one famous light of the first reformation to bear witne● with me , and to d●e me honour in that very thing , wherin these men thought to have blotted me : And hath giv'n them the proof of a capacity which they despis'd , running equal , and authentic with some of thir chiefest masters unthought of , and in a point of sagest moment . However , if we know at all , when to ascribe the occurrences of this life to the work of a special providence , as nothing is more usual in the talk of good men , what can be more like to a special providence of God , then in the first reformation of England , that this question of divorce , as a main thing to be restor'd to just freedom , was writt'n , and seriously c●mmended to Edward the sixt , by a man call'd from another Countrey to be the instructer of our nation , and now in this pres●nt renewing of the Church and Common-wealth , which we pray may be more lasting , that the same question should be again treated and presented to this Parlament , by one enabl'd to use the same reasons without the lest sight or knowledge of what was done before . It were no trespas , Lords and Commons , though something of lesse note were attributed to the ordering of a heavnly power ; this question therfore of such prime concernment both to Christian and civil welfare , in such an extraordinary manner , not recover'd , but plainly twise born to these latter ages , as from a divine hand I tender to your acceptance , and most considerate thoughts . Think not that God rais'd up in vain a man of greatest a●ority in the Church to tell a trivial and licentious tale in the eares of that good Prince , and to bequeath it as his last will and testament , nay rather as the testamont and royall law of Christ to this Nation , or that it should of it self after so many yeares , as it were in a new feild where it was never sow'n , grow up again as a vitious plant in the minde of another , who had spoke honestest things to the Nation ; though he knew not that what his youth then reason'd without a pattern , had bin heard already , and well allow'd from the gravity and worth of Martin Bucer : till meeting with the envy of men ignorant in thir own undertak'n calling , God directed him to the forgott'n Writings of this faithfull Evangelist , to be his defence and warrant against the gross imputation of broaching licence . Ye are now in the glorious way to high vertu , and matchless deeds , trusted with a most inestimable trust , the asserting of our just liberties . Ye have a nation that expects now , and from mighty suffrings aspires to be the example of all Christendom to a perfetest reforming . Dare to be as great , as ample , and as eminent in the fair progress of your noble designes , as the full and goodly stature of truth and excellence it self : as unlimited by petty presidents and copies , as your unquestionable calling from heaven giv● ye power to be . What are all our public immunities and privileges worth , and how shall it be judg'd that we sight for them with minds worthy to enjoy them , if wee suffer our selvs in the mean while not to understand the most important freedom that God and Nature hath givn us in the family ; which no wise Nation ever wanted , till the Popery and superstition of some former ages attempted to remove and alter divine and most prudent Laws for human and most imprudent Canons ; whereby good men in the best portion of t●ir lives , and in that ordinance of God which entitles them from the beginning to most just and requisite contentments , are compell'd to civil indignities , which by the law of Moses bad men were not compell'd to . Be not bound about , and straitn'd in the spatious wisdom of your free Spirits , by the scanty and unadequat and inconsistent principles of such as condemn others for adhering to traditions , and are themselvs the prostrate worshippers of Custom ; and of such a tradition as they can deduce from no antiquitie , but from the rud●st , and thick●st barbarism of Antichristian times . But why doe I anticipate the more acceptable , and prevailing voice of lerned Bucer himself , the pastor of Nations ? And O that I could set him living before ye in that doctoral chair , where once the lernedest of England thought it no disparagement to sit at his feet ▪ He would be such a pilot , and such a father to ye , as ye would soon find the difference of his hand and skill upon the helm of reformation . Nor doe I forget that faithfull associate of his labours , Paulus Fagius ; for these thir great names and merits , how pretious so ever , God hath now joyn'd with me necessarily , in the good or evil report of this doctrin which I leav with you . It was writt'n to a religious King of this land ; writt'n earnestly , as a main matter wher in this kingdom needed a reform , if it purpos'd to be the kingdom of Christ : Writt'n by him who if any since the d●ies of Luther , merits to be counted the Apostle of our Church ; whose unw●aried pains and watching for our sakes , as they spent him quickly heer among us , so did they , during the shortnes of his life , incredibly promote the Gospel throughout this Realm . The autority , the lerning , the godlines of this man consulted with , is able to out-ballance all that the lightnes of a vulgar opposition can being to counterpoise . I leav him also as my complete suretie and testimonial , if Truth be not the best witnes to it self , that what I formerly presented to your reading on this subject , was good , and just , and honest , not licentious . Not that I have now more confidence by the addition of these great Authors to my party ; for what I wrote was not my opinion , but my knowledge ; evn then when I could trace no footstep in the way I went : nor that I think to win upon your apprehensions with numbers and with names , rather then wi●h reasons , yet certainly the worst of my d●tracters will not except against so good a baile of my integritie and judgement , as now appeares for me . They must els put in the fame of Bucer and of Fagins , as my accomplices and confederats into the same endightment ; they must dig up the good name of these prime worthies ( if thir names could be ever buried ) they must dig them up and brand them as the Papists did thir bodies ; and those thir pure unblamable spirits , which live not only in heaven , but in thir writings , they must attaint with new attaintures which no Protestant ever before aspers't them with . Or if perhaps wee may obtain to get our appeachment new drawn a Writ of Error , not of Libertinism , that those two principal leaders of reformation may not come now to be su'd in a bill of licence , to the scandal of , our Church , the brief result will be , that for the error , if thir own works be not thought sufficient to defend them , there livs yet who will be ready , in a fair and christianly discussive way , to debate and sift this matter to the utmost ounce of lerning and religion , in him that shall lay it as an error , either upon Martin Bueer , or any other of his opinion . If this be not anough to qualifie my traducers , and that they think it more for the wisdom of thir virulence , not to recant the injuries they have bespoke me , I shall not for much more disturbance then they can bring me , intermitt the prosecution of those thoughts which may render me best serviceable , either to this age , or if it so happ'n , to posteritie ; following the fair path which your illustrious exploits , Honourd Lords and Commons , against the brest of tyrany have open'd ; and depending so on your happy successes in the hopes that I have conceiv'd either of my self , or of the Nation , as must needs conclude me one who most affectionately wishes and awaits the prosperous issue of your noble and valorous counsels . JOHN MILTON . THE JUDGEMENT OF MARTIN BUCER TOUCHING DIVORCE . Taken out of the second Book entitl'd Of the kingdom of Christ writt'n by Martin Bucer to Edward the 6th K. of England . CHAPTER XV . The 7th Law of the sanctifying and ordering of mariage . BEsides these things , Christ our King , and his Churches require from your sacred Majesty , that you would take upon you the just care of mariages . For it is unspeakable , how many good consciences are heerby entangl'd , af●licted , and in danger , because there are no just laws , no speedy way constituted , according to Gods Word , touching this holy society and fountain of mankind . For seeing matrimony is a civil thing , men , that they may rightly contract , inviolably keep , and not without extreme necessitie dissolv mariage , are not only to be taught by the doctrine and discipline of the Church , but also are to be acquitted , aided , and compell'd by laws and judicature of the Common-wealth . Which thing pious Emperours acknowledgeing , and therin framing themselvs to the law of Nations , gave laws both of contracting and preserving , and also where an unhappy need requir'd , of divorcing mariages . As may be seen in the Code of Justinian the 5 Book , from the beginning through 24 titles . And in the Authentic of Justinian the 22 , and some others . But the Antichrists of Rome , to get the imperial power into thir own hands , first by fraud●lent persuasion , afterwards by force drew to themselvs the whole autority of determining and judging as well in mat●imonial causes , as in most other matters . Therfore it hath bin long beleiv'd , that the care and government therof doth not belong to the civil Magistrate . Yet where the Gospel of Christ is receav'd , the laws of Antichrist should be rejected . If therfore Kings and Governours take not this care , by the power of law and justice to provide that mariages be piously contracted , religiously kept , and lawfully dissolv'd , if need require , who sees not what confusion and trouble is brought upon this holy society ; and what a rack is prepar'd , evn for many of the best consciences , 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 safety of the Common-wealth , that mariages , according to the will of Christ , be made , maintain'd , and not without just cause dissolv'd , who understands not ? for unlesse that first and holi●st society of man and woman be purely constituted , that houshold discipline may be upheld by them according to Gods law , how can wee expect a race of good men . Let your Majesty therfore know that this is your duty , and in the first place , to reassume to your self the just ordering of matrimony , and by firm laws to establish and defend the religion of this first and divine societie among men , as all wise law-givers of old , and Christian Emperours have carefully don . The two next Chapters because they chiefly treat about the degrees of Consanguinity and affinity I omit ; only setting down a passage or two concerning the judicial laws of Moses , how fit they be for Christians to imitate rather then any other . CHAP. XVII . toward the end . I Confesse that wee beeing free in Christ are not bound to the civil Laws of Moses in every circumstance , yet seeing no laws can be more honest , just , and wholsom , then those which God himself gave , who is eternal wisdom & goodnes , I see not why Christians , in things which no lesse appertain to them , ought not to follow the laws of God , rather then of any men . Wee are not to use circumcision , sacrifice , and those bodily washings prescrib'd to the Jews ; yet by these things wee may rightly learn , with what purity and devotion both Baptism and the Lords Supper should be administerd and receay'd . How much more is it our duty to observ diligently what the Lord hath commanded , and taught by the examples of his people concerning mariage ; wherof wee have the use no lesse then they . And because this same worthy Author hath another passage to this purpose in his Comment upon Matthew , Chap. 5. 19. I heer insert it from p. 46. Since wee have need of civil laws and the power of punishing , it will be wisest not to contemn those giv'n by Moses ; but seriously rather to consider what the meaning of God was in them , what he cheifly requir'd , and how much it might be to the good of every Nation , if they would borrow thence thir manner of governing the Common-wealth ; yet freely all things and with the Spirit of Christ . For what Solon , or Plato , or Aristotle , what Lawyers or Caesars could make better laws then God ? And it is no light argument , that many Magistrates at this day doe not anough acknowledge the kingdom of Christ , though they would seem most Christian , in that they govern thir States by laws so divers from those of Moses . The 18 Chap. I only mention as determining a thing not heer in question , that mariage without consent of parents ought not to be held good ; yet with this qualification fit to be known . That if parents admit not the honest desires of thir children , but shall persist to abuse the power they have over them , they are to be mollifi'd by admonitions , entreaties , and persuasions , first of thir freinds and kindred , next of the Church Elders . Whom if still the hard parents refuse to hear , then ought the Magistrate to interpose his power : left any by the evil minde of thir parents be detain'd from mariage longer then is meet , or fore't to an unworthy match : in which case the Roman laws also provided . G●de nupt. l. 11. 13. 26. CHAP. XIX . Whether it may be permitted to revoke the promise of mariage . HEer ariseth another question concerning Contracts , when they ought to be unchangeable ; for religious Emperours decre●'d that the contract was not indissoluble , until the spouse were brought home , and the solemnities perform'd . They thought it a thing unworthy of divine and human equitie , and the due consideration of mans infirmitie in deliberating and determining , when space is giv'n to renounce other contracts of much lesse moment , which are not yet confirm'd before the Magistrate , to deny that to the most waighty contract of marriage , which requires the greatest care and consultation . Yet left such a covenant should be brok'n for no just cause , and to the injury of that person to whom mariage was promis'd , they decreed a fine , that he who deni'd mariage to whom he had promis'd , and for some cause not approv'd by the Judges , should pay the double of that pledge which was giv'n at making sure , or as much as the Judge should pronounce might satisfie the dammage or the hinderance of either parsie . It beeing most certain that ofttimes after contract , just and honest causes of departing from promise , come to be known and found out , it cannot be other then the duty of pious Princes , to give men the s●me liberty of unpromising in these cases , as pious Emperours granted : especially where there is only a promise , and not carnal knowledge . And as there is no true mariage between them , who agree not in true consent of mind , so it will be the part of godly Magistrates to procure that no matrimony be among thir Subjects , but what is knit with love and consent . And though your Majesty be not bound to th imperial laws , yet it is the duty of a Christian King to embrace and follow what ever he knows to be anywhere piously and justly constituted , and to be honest , just and well-pleasing to his people . But why in Gods law and the examples of his Saints nothing heerof is read , no marvell , seeing his ancient people had power , yea a precept , that who so could not bend hismind to the true love of his wife , should give her a bill of divorce , and send her from him , though after carnal knowledge and long dwelling together . This is anough to authorize ag●dly Prince in that indulgence which he gives to the changing of a Contract ; both because it is certainly the inv●ntion of Antichrist , that the pro●rise of mariage de praesenti as they call it , should be indissoluble , and because it should be a Princes care that matrimony be so joyn'd , as God ordain'd ; which is , that every one should love his wife with such a love as Adam exprest to Eve : So , as wee may hope that they who marry may become one sl●sh , and one also in the Lord . CHAP. XX . Concerns only the celebration of mariage . CHAP. XXI . The means of preserving mariage holy and pure . NOw since there ought not to be lesse care that mariage be religiously kept , then that it be piously and deliberately contracted , it will be meet that to every Church be ordan'd certain grave and godly men , who may have this care upon them , to observ whether the husband bear himself wisely toward the wife , loving , & inciting her 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 first to all godlines , so to every other use of life . And if they shal find each to other failing of their duty , or the one long absent from the other without just and urgent cause , or giving suspicion of irreligious and impure life , or of living in manifest wickednes , let it be admonisht them in time . And if thir autority be contemn'd , let the names of such contemners be brought to the Magistrate , who may use punishment to compell such violaters of mariage , to thir duty , that they may abstain from all probable suspicion of transgressing ; and if they admit of suspected company ; the Magistrate is to forbid them ; whom they not therin oboying , are to be punisht as adulterers , according to the law of Justinian , Authont 117. For if holy wedlock the Fountain and Seminary of good subjects , be not vigilantly preserv'd from all blots and disturbances , what can be hop'd , as I said before , of the springing up of good men , and a right reformation of the Common-wealth . We know it is not anough for Christians to abstain from foul deeds , but from the appearance and suspicion therof . CHAP. XXII . Of full divorce ▪ what the ancient Churches have thought . Now we shall speak about that dissolving of mutrimony which may be approv'd , in the sight of God , if any greevous necessity requite . In which thing the Roman Antichrists have knit many a pernicious entanglement to distrissed consuiences ; for that they might heer also exalt themselvs above God , as if they would be wiser and chaster then God himself is , for no cause , honest , or necessary , will they permit final divorce , in the 〈◊〉 while whordoms and adulteries , and wor● things then these , not duly tolerating in themselvs and others , but therishing , and throwing then headlong into these evils . For although , they also dis-joyn married persons from board and bed , that is , from all conjugall society and communion , and this not only for adultery , but for ill usage , and matrimoniall duties deni'd , yet they forbid thos● thus parted to joyn in wedlock with others , but , as I said before , any dishonest associating they permit . And they pronounce the bond of that 〈◊〉 to remain between those whom they have thus separat . As if the bond of mariage , God so teaching and pronouncing , were not such a league as bindee the maried couple to all society of life , and communion in divine & humane things ; and so associated keeps them . Somthing indeed out of the latter Fathers they may pretend for this thir tyranny , especially out of Austine and some others , who were much taken wth a preposterous admiration of sing'e life ; yet though the● , Fathers , from the words of Christ not rightly understood , taught that it was unlawfull to marry again , while the former wife liv'd , whatever cause ther had bin either of desertion or divorce , yet if we mark the custom of the Church , and the common judgement which ●oth in their times and afterward prevail'd , we shall perceave that neither these Fathers did ever cast out of the Church any one for marying after a divorce , approv'd by the Imperiall laws . Nor only the first Christian Emperours , but the lator also , ov'n to Justinian , and after him , did grant for certain causes approv'd by Judges , to make a true divorse ; which made and confirm'd by law , it might be lawfull to marry again : which if it could not have bin done without disple sing Christ and his Church , surely it would not have been granted by Christian Emperours , nor had the Fathers then winkt at those doings in the Emperours . Hence ye may see that Jerom also , though zealous of single life more then anough , and such a condemner of second mariage though after the death of either party , yet forc't by plain equity , desended . Fabiola , a noble Matron of Rome , who having refus'd her husband for just causes , was married to another . For that the sending of a divorce to her husband was not blame-worthy , he affirms , because the man was hainously vitious , and that if an adulterous wife may be discarded , an adulterous husband is not to be kept . But that she maried again , while yet her husband was alive , he defends in that the Apostle hath said , It is better to mary then to burn , and that young widows should mary , for such was Fabiola , and could not remain in widowhood . But some one will object that Jerom there addes , Neither did she know the vigor of the Gospel , wherein all cause of marying i● debarr'd from women , while thi● husbands live , and again , while she avoided many wounds of Satan , she receav'd one ere she was aware . Put let the equall Reader minde also what went before ; Because , saith he soon after the beginning , there is a rock and storm of slanderers oppos'd against her , I will not praise her converted , unlesse I first absolve her guilty . For why does he call them slanderers who accus'd Fabiola of marying again , if he did not judge it a matter of Christian equity and charity , to passe by and pardon that fact , though in his own opinion he held it a fault . And what can this mean ? I will not praise her , unlesse I first absolv her . For how could he absolv her but by proving that Fabiola neither in rejecting her vitious husband , nor in marying another , had committed such a sin , as could be justly condem'd . Nay , he proves both by evident reason , and cleer testimonies of Scripture , that she avoided sin . This also is hence understood , that Jerom by the vigor of the Gospel , meant that height and perfection of our Saviours precept , which might be remitted to those that burn ; for he addes , But if she be accus'd in that she remain'd not unmarried , I shall confesse the fault , so I may relate the necessity . If then he acknowledg'd a necessity , as he did , because she was young , and could not live in Widowhood , certainly he could not impute her second mariage to her much blame : but when he excuses her out of the word of God , does he not openly declare his thoughts , that the second mariage of Fabiola was permitted her by the holy Ghost himself for the necessity which she suffer'd , and to shun the danger of fornication , though she went somwhat aside from the vigor of the Gospel . But if any urge that Fabiola did public penance for her second mariage , which was not impos'd but for great faults . T' is answer'd , she was not enjoyn'd to this pennance . but did it of her own accord , and not till after her second husbands death . As in the time of Cyprian we read that many were wont to doe voluntary penance for small faults , which were not liable to excommunication . CHAP. XXIII . That Mariage was granted by the ancient Fathers , ev'n after the vow of single life . SOme will say perhaps , whersore all this concerning mariage after vow of single life , when as the question was of mariage after divorse ? For this reason , that they whom it so much moves , because some of the Fathers thought mariage after any kind of divorce , to be condemn'd of our Saviour , may see that this conclusion follows not . The Fathers thought all mariage after divorce to be forbidd'n of our Saviour , therfore they thought such mariage was not to be tolerated in a Christian . For the same Fathers judg'd it forbidd'n to marry after vow ; yet such mariages they neither dissolv'd nor excommunicated . For these words of our Saviour , and of the holy Ghost , stood in their way ; All cannot receav this saying , but they to whom it is giv'n . Every one hath his proper gifs from God , one after this manner , another after that . It is better to marry then to burn . I will that younger Widows marry , and the like . So there are many Canons , and Laws extant , wherby Priests , if they maried , were remov'd from their office , yet is it not read that their mariage was dissolv'd , as the Papists now-a-dayes doe , or that they were excommunicated , nay expressly they might communicate as Lay men . If the consideration of human infirmitie , and those testimonies of divine Scripture which grant mariage to every one that wants it , persuaded those Fathers to bear themselvs so humanly toward them who had maried with breach of vow to God , as they beleev'd , and with divorce of that mariage wherin they were in a manner joyn'd to God ; who doubts , but that the same Fathers held the like humanitie was to be afforded to those who after divorce & faith broken with men , as they thought , enter'd into second mariage : for among suchare also found no lesse weak , and no lesse burning . CHAP. XXIV . Who of the ancient Fathers have granted marriage after divorce . THis is cleer both by what hath bin said , and by that which Origen relates of certain Bishops in his time , Homil. 7. in Matth. I know some , saith he , which are over Churches , who without Scripture have permitted the wife to mary while her former husband liv'd . And did this against Scripture which saith , The wife is bound to her husband so long as he lives , and she shall be call●d an adulteresse , if , her husband living , she take another man , yet did they not permit this without cause , perhaps for the infirmitie of such as had not continence , they permitted evill 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 doe so , unlesse they thought our Saviour in his precepts of divorce , had so forbid'n , 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 Caesariensis , wherin cōplaining of a certain Priest , who divorcing his wife , or being divorc't by her , as other copies have it , had maried another , neither dissolvs the matrimony , nor excommunicates him , only unpreists him . The fathers therfore as wee see , did not simple and wholly condemn mariage after divorce . But as t● me , this remi●ting of our Saviours precepts , which these ancients allow to the 〈◊〉 in marrying after vow and divorce , I can in no ways admit ; for what so ever plunly consents not with the commandment , cannot , I am certain , be permitted , or suffer'd in any Christian : for heav'n and earth shall p●sse away , but not a ●le from the commands of God among them who expect ●e eternal . Let us therfore consi●er , and waigh the words of our Lord concerning mariage , and divorce , which he pronounc't both by himself , and by his Apostle , and let us compare them with other Cracles of God ; for whatsoever is contrary to these , I shall not persuade the least tolerating therof . But if it can be taught to agree with the Word of God , yea to be commanded that most men may have permission giv'n them to divorce and marry again , I must preferre the au●rity of Gods Word before the opinion of Fathers and Doctors , as they themselvs teach . CHAP. XXV . The words of our Lord , a●d of the holy Ghost by the Apostle Paul concerning Divorce are explain'd . BVt 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 ma●iage after any divorce are these , Mat. 5. 31 , 32. I● hath bin said &c. And Mat. 19. 7. They say unto him , why did Moses then command , &c. And Mark the 10th , and Luke the 16. Rom. 7. 1 , 2 , 3. 1 Cor. 7. 10 , 11. H●nce therfore they conclude that all mariage after divorce is call'd adultery ; which to commit beeing no ways to be tolerated in any Christian , they think it follows that second ●ariage is in no case to be permitted either to the divorcer or to the divorsed . But that it may be more fully and plainly perceav'd , what force is in this kind of reasoning , it will be the best cours to lay down certain grounds wher of no Christian can doubt the truth . First it is a wickednes to suspect that our Saviour branded that for adultery , which himself in his own Law , which he came to fulfill , and not to dissolv , did not only permit , but also command ; for by him the only Mediator was the wh●le law of God giv'n . But that by this law of God mariage was permitted after any divorce is certain by Deut. 24. 1. CHAP. XXVI . That God in his law did not only grant , but also command divorce to certain men . DEul . 24. 1. When a man hath taken a wife , &c. But in Mala. 2. 15 , 16. is read the Lords 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 maries her divorc't by thee , saith the Lord of hosts ; But take heed to your spirit , and doe no injury . By these testimonies of the divine law , wee see that the Lord did not only permit , but also expresly and earnestly commanded his people , by whom he would that all holiness and faith of mariage convant should be observ'd , that he who could not induce his minde to love his wife with a true conjugal love , might dismisse her that shee might marry to another . CHAP. 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-borne people , that certainly he could not forbid to his own among the Gentils , whom he made coheires and into one body with his people , nor could he ever permit , much lesse command ought that was not good for them , at least so us'd , as he commanded . For beeing God , he is not chang'd as man . Which thing who seriously considers , how can he imagine that God would make that wicked to them that beleeve , and serv him under grace , which he granted and commanded to them that serv'd him under the Law . When as the same causes require the same permission . And who that knows but humane matters , and loves the truth , will deny that many mariage● hang as ill together now , as ever they did among the Jews ? So that such mariages are liker to torments then true mariages . As therfore the Lord doth always fuctour and help the oppressed , so he would ever have it provided for injur'd husbands and wives , that under pretence of the mariage-bond , they be not sold to perpetual vexations , instead of the loving and comfortable mariage-duties . And lastly , as God doth always d●te 〈◊〉 , and fraud , so neither doth he approvo , that 〈◊〉 his 〈◊〉 , that should be counted mariage , wherin none of those duties remain wherby the league of wedlock is chiefly preserv'd . What inconsiderat neglect then of Gods 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 mariage to the weak , or to the evil , if they will needs have it so , but especially to the innocent and wronged , when as the same urgent causes remain , as before , when the discipline of the church and Magistrate hath tri'd what may be tri'd . CHAP. XXVIII . That our Lord Christ intended not to make new Laws of mariage and divorce , or of any civil matters . IT is agreed by all who determine of the Kingdom , and offices of Christ by the holy Scriptures , as all godly men ought to doe , 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 Emperours knowing , gave conjugal laws ; and reserv'd the administration of them to thir own Courts ; which no true ancient Bishop ever condemn'd . Our Savour came to preach repentance , and remission ; seeing therfore those who put away thir wives without any just cause , were not toucht with conscience of the sin , through misunderstanding of the law , he recall'd them to a right interpretation , and taught that the woman in the beginning was so joyn'd 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 mariage . CHAP. XXIX . That it is wicked to strain the words of Christ beyond thir purpose . This is his third Axiom , wherof there needs no explication heer . CHAP. XXX . That all places of Scripture about the same thing are to be joyn'd , and compar'd , to avoid Contradictions . This be demonstrates at large out of sundry places in the Gospel ; and principally by that precept against swearing , which compar'd 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 fo●re Axioms , he thus proceeds . These things thus preadmonisht , let us enquire what the undoubted meaning is of our Saviours words ; and enquire according to the rule which is observ'd by all learned and good men in their expositions ; that praying first to God , who is the only opener of our hearts , wee may first with fear and reverence consider well the words of our Saviour touching this question . Next , that wee may compare them with all other places of Scripture , treating of this matter , to see how they consent with our Saviours words , and those of his Apostle . CHAP. XXXI . This Chapter disputes against Austin and the Papists , who deny second mariage , ev'n to them who divorce in case of adultery , which because it is not controverted among true Protestants , but that the innocent person is easily allow'd to marry , I spare the translating . CHAP. XXXII . That a manifest adulteresse ought to be divorc't , and cannot lawfully be retain'd in mariage by any true Christian . This though be prove sufficiently , yet I let passe , because this question was not hindl'd in the Doctrine and discipline of divorce ; to which book I bring so much of this Treatise as runs parallel . CHAPTER XXXIII . That adultery is to be punisht by death . This Chapter also I omitt for the reason last alleg'd . CHAP. XXXIV . That it is lawfull for a wife to leav an adulterer , and to marry another husband . This is generally granted , and therfore excuses me the writing out . CHAP. XXXV . Places in the Writings of the Apostle Paul touching divorce explain'd . LEt us consider the answers of the Lord giv'n by the Apostle severally . Concerning the first which is Rom. 7. 1. Know yet 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 . Heer it is certain that the holy Ghost had no purpose to determine ought of mariage , or divorce , but only to bring an example from the common and ordinary law of wedlock , to shew that as no covnant holds either party beeing dead , so now that wee are not bound to the law , but to Christ our Lord , seeing that through him wee are dead to sin , and to the law ; and so joyn'd to Christ that wee may bring forth fruit in him from a willing godlines , and not by the compulsion of law , wherby our sins are more excited , and become more violent . What therfore the holy Spirit heer 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 deliver'd 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 therfore be said that the Apostle cited this generall example out of the law , to abolish the several exceptions of that law , which God himself granted by giving autority to divorce . Next when the Apostle brings an example out of Gods law concerning man and wife , it must be necessary that wee understand such for man and wife , as are so indeed according to the same law of God ; that is , who are so dispos'd as that they are both willing and able to perform the necessary duties of mariage ; not those who under a false title of mariage , keep themselves mutually bound to injuries and disgraces ; for such twain are nothing lesse then lawfull man and wife . The like answer is to be giv'n to all the other places both of the Gospel and the Apostle , that what ever exception may be prov'd out of Gods law , be not excluded from those places . For the Spirit of God doth not condemn things formerly granted , and allow'd , where there is like cause and reason . Hence Ambrose upon that place , 1 Cor. 7. 15. A brother or a sister is not under bondage in such cases ; thus expounds ; The reverence of mariage is not due to him who abhors the author of mariage ; nor is that mariage ratify'd which is without devotion to God : he sins not therfore who is put away for Gods cause , though be joyn himself to another . For the dishonor of the Creator dissolves the right of matrimonl to him who is deserted , that he be not accus'd , 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 caus'd the mis-beleeving wives and husbands to be divorc't , that God might be appeas'd , and not effended , though they took others of thir own faith , how much more shall it be free , if the mis-beleever 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 heer to be observ'd toward the following discourse , which truth it self , and the force of Gods word hath drawn from this holy man . For those words are very large , Matrimony is not ratify'd without devotion to God . And the dishonour of the Creator dissolvs the right of matrimony . For devotion is farre off , and dishonor is done to God by all who persist in any wickednes and hainous crime . CHAP. 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 exprest 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 doe contradict one another , of necessity we must confesse that our Lord did grant divorce , and mariage after that for other causes besides adultery , notwithstanding what he said in Matthew . For first , they who consider but only that place , 1 Cor. 7. which treats of beleevers and misbeleevers matcht together , must of force confesse , that our Lord granted just divorce , and second mariage in the cause of desertion , which is other then the cause of fornication . And if there be one other cause found lawfull , then is it most true that divorce was granted not only for fornication . Next , it cannot be doubted , as I shew'd before , by them to whom it is giv'n to know God and his judgements out of his own word , but that , what means of peace and safety God ever granted and ordain'd 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 hardnesse of heart , that they will not perform either conjugal affection , or any requis●t duty therof , though it be most deserv'd at thir hands . Neither can any one deferre to confesse , 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 themselvs by lawfull means of divorce , from the bondage and iniquity of those who are falsly term'd thir husbands or thir wives . This is cleer out of Deut , 24. 1. Malach. 2. Matth. 19. 1 Cor. 7. and out of those principles which the Scripture every where teaches , That God changes not his minde , dissents not from himself , is no accepter of persons ; but allows the same remedies to all men opprest with the same necessities and infirmities ; yea , requires that wee should use them . This he will easily perceave , who considers these things in the Spirit of the Lord . Lastly , it is most certain , that the Lord hath commanded us to obey the civil laws every one of his own Common-wealth , if they be not against the laws of God . CHAP. XXXVII . For what causes divorce is permitted by the civil Law ex 1. consensu Codic . de repudiis . IT is also manifest that the law of Theodosius and Valentinian , which begins Consensu , &c. touching divorce , and many other decrees of pious Emperours agreeing heerwith , are not contrary to the word of God . And therfore may be recall'd into use by any Christian Prince or Common-wealth , nay ought to be with due respect had to every nation . For whatsoever is equall and just , that in every thing is to be sought and us'd by Christians . Hence it is plain that divorce is granted by divine approbation , both to husbands and to wives , if either party can convict the other of these following offences before the Magistrate . If the husband can prove the wife to be an adulteresse , a witch , a murdresse , to have bought or sold to slavery any one free born , to have violated sepulchers , committed sacrilege , favor'd theevs and robbers , desitous of feasting with strangers , the husband not knowing , or not willing , if she lodge forth without a just and probable cause , or frequant theaters and sights , he forbidding , if she be privie with those that plot against the State , or if she deal● falsly , or offer blows . And if the wife can prove her husband guilty of any those fore-named crimes , and frequent the company of lewd women in her sight ; or if he beat her , she had the like liberty to quit herselfe , with this difference , that the man after divorce might forthwith marry again ; the woman not till a year after , lest she might chance to have conceav'd . CHAP. XXXVIII . An exposition of those places wherein God declares the nature of holy wedlock : NOw to the end it may be seen that this agrees with the divine law , the first institution of mariage is to be consider'd , and those texts in which God establisht the joyning of male and famale , and describ'd the duties of them both . When God had determin'd to make woman , and give her as a wife to man , he spake thus , Gen. 2. 18. It is not good for man to be alone , I will make him a help meet for him . And Adam said , but in the Spirit of God , v. 23. 24. This is now bone of my bone , and slesh of my slesh . Therfore shall a man leav his father and mother , and shall cl●av to his wise , and thy shall be one slesh . To this first institution did Christ recall his own ; when answering the Pharises , he condemn'd the licence of unlawfull divorce . He taught therfore by his example , that we , according to this first institution , and what God hath spok'n therof , ought to determin what kind of covnant mariage is , how to be kept , and how farre ; and lastly , for what cau●s to be dislolv'd . To which decrees of God these also are to be joyn'd , which the holy Ghost hath taught by his Apostle , that neither the husband nor the wife hath power of their own body , but mutually each of eithers . That the husband shall love the wife as his own body , yea as Christ loves his Church , and that the wife ought to be subject to her husband , as the Church is to Christ . By these things the nature of holy wedlock is certainly known ; whereof if only one be wanting in both or either party , and that either by obstinate malev●lence , or too deep inbred weak●es of minde , or lastly , through incurable impotence of body , it cannot then be said that the covnant of matrimony holds good between such ; if we mean that covnant which God instituted and call'd Mariage , and that wherof only it must be understood that our Saviour said , Those whom God hath joyn'd , let no man separate . And hence is concluded , that matrimonv requires continuall cohabitation and living together , unlesse the calling of God be otherwise evident ; which union if the parties themselves dis-joyn either by mutuall consent , or one against the others will depart , the marriage is then brok'n . Wherein the Papists , as in other things oppose themselvs against God ; while they ●rate for many causes from bed and board , & yet will have the bond of matrimony remain , as if this covnant could be other then the conjunction and communion not only of bed & board , but of all other loving and helpfull duties . This we may see in these words ; I will make him a help meet for him ; bone of his bones , and flesh of his slesh ; for this cause shall he leav father and mother , and cleav to his wife , and they twain shall be one flesh . By which words who discerns not , that God requires of them both so to live together , and to be united not only in body but in mind also , with such an affection as none may be dearer and more ardent among all the relations of mankind , nor of more efficacy to the mutual offices of love , and loyalty . They must communicate and consent in all things both divine and human , which have any moment to well and happy living . The wife must honour and obey her husband , as the Church honours and obeys Christ her head . The husband must love and cherish his wife , as Christ his Church . Thus they must be to each other , if they will be true man and wife in the sight of God , whom certainly the Churches ought to follow in thir judgement . Now the proper and ultimate end of mariage is not copulation , or children , for then there was not true matrimony between Joseph and Mary the mother of Christ , nor between many holy persons more ; but the full and proper and main end of mariage , is the communicating of all duties , both divine and humane , each to other , with utmost benevolence and affection . CHAP. XXXIX . The properties of a true and Christian mariage , more distinctly repeated . BY which definition wee may know that God esteems and reckons upon these foure necessary properties to be in every true mariage . 1. That they should live together , unlesse the calling of God require otherwise for a time . 2. That they should love one another to the height of dearnes , and that in the Lord , and in the communion of true Religion . 3. That the husband beare himself as the head and preserver of his wife , instructing her to all godlines and integritie of life ; that the wife also be to her husband a help , according to her place , especially furdering him in the true worship of God , and next in all the occasions of civil life . And 4. That they defraud not each other of conjugal benevolence , as the Apostle commands , 1 Cor. 7. Hence it follows according to the sentence of God , which all Christians ought to be rul'd by , that between those who either through obstinacy , or helples inabilitie , cannot or will not perform these repeated duties , between those there can be no true matrimony , nor ought they to b● counted man and wife . CHAP. XL . Whether those crimes recited Chap. 37. out of the civil law dissolv matrimony in Gods account . NOw if a husband or wife be found guilty of any those crimes , which by the law consensu are made causes of divorce , t is manifest that such a man cannot be the head , and preserver of his wife , nor such a woman be a meet help to her husband , as the divine law in true wedlock requires ; for these faults are punisht either by death , or deportation , or extream infamy , which are directly opposite to the covnant of mariage . If they deserve death , as adultery and the like , doubtles God would not that any should live in wedlock with them whom he would not have to live at all . Or if it be not death , but the incurring of notorious infamy , certain it is neither just , nor expedient , nor meet , that an honest man should be coupl'd with an infamous woman , nor an honest matron with an infamous man . The wise Roman Princes had so great regard to the equal honour of either wedded person , that they counted those mariages of no force which were made between the one of good repute , and the other of evill note . How much more will all honest regard of Christian expedience and comlines beseem & concern those who are set free and dignify'd in Christ , then it could the Roman Senate , or thir sons , for whō that law was provided . And this all godly men will soon apprehend , that he who ought to be the head and preserver not only of his wife , but also of his children and family , as Christ is of his Church , had need be one of honest name : so likewise the wife which is to be the meet help of an honest and good man , the mother of an honest off-spring and family , the glory of the man , ev'n as the man is the glory of Christ , should not be tainted with ignominy ; as neither of them can avoid to be , having bin justly appeacht of those forenamed crimes ; and therfore cannot be worthy to hold thir place in a Christian family : yea they themselvs turn out themselvs and dissolv that holy covnant . And they who are true brethren and sisters in the Lord , are no more in bondage to such violaters of mariage . But heer the Patrons of wickednes and dissolvers of Christian discipline will object , that it is the part of man and wife to bear one anothers crosse , whether in calamit●e , or infamy , that they might gain each other , if not to a good name , yet to repentance and amendment . But they who thus object , seek the impunity of wickednes , and the favour of wicked men , not the duties of true charity ; which preferrs public honesty before private interest ; and had rather the remedies of wholsom punishment appointed by God should be in use , then that by remisness the licence of evil doing should encrease . For if they who by committing such offences , have made void the holy knott of mariage , be capable of repentance , they will be sooner mov'd when due punishment is executed on them ; then when it is remitted . Wee must ever beware , lest , in contriving what will be best for the souls health of delinquents , wee make our selvs wiser and discreeter then God . He that religiously waighs his oracles concerning mariage , cannot doubt that they who have committed the foresaid transgressions , have lost the right of matrimony , and are unworthy to hold thir dignity in an honest and Christian family . But if any husband or wife●see such signs of repentance in thir transgressor , as that they doubt not to regain them by continuing with them , and partaking of thir miseries and attaintures , they may be left to thir own hopes , and thir own mind , saving ever the right of Church and Common-wealth , that it receav no scandal by the neglect of due severity , and thir children no harm by this invitation to licence , and want of good education . From all these considerations , if they be thought on , as in the presence of God , and out of his Word , any one may perceav , who desires to determine of these things by the Scripture , that those causes of lawfull divorce , which the most religious Emperours Theodosius and Valentinian set forth in the forecited place , are according to the law of God , and the prime institution of mariage . And were still more and more straitn'd , as the Church and State of the Empire still more and more corrupted and degenerated . Therfore pious Princes & Common-wealths both may and ought establish them again , if they have a mind to restore the honour , sanctitie , and religion of holy wedlock to thir people , and dis-intangle many consciences from a miserable and perilous condition , to a chaste and honest life . To those recited causes wherfore a wife might send a divorce to her husband , Justinian added foure more , Constit , 117. And foure more , for which a man might put away his wife . Three other causes were added in the Code derepudiis l. Jubemus . All which causes are so cleerly contrary to the first intent of mariage , that they plainly dissolv it . I set them not down beeing easie to be found in the body of the civil Law . It was permitted also by Christian Emperours , that they who would divorce by mutuall conscnt , might without impediment . Or if there were any difficulty at all in it , the law expresses the reason , that it was only in favour of the children , so that if there were none , the law of those godly Emperours made no other difficulty of a divorce by consent . Or if any were minded without consent of the other to divorce , and without those causes which have bin nam'd , the Christian Emperours laid no other punishment upon them , then that the husband wrongfully divorcing his wife should give back her dowry , and the use of that which was call'd Don●tio propter nuptias ; or if there were no dowry nor no donation , that he should then give her the fourth part of his goods . The like penalty was inflicted on the wife departing without just cause . But that they who were once maried should be compe●l'd to remain so ever against thir wills , was not exacted . Wherin those pious Princes follow'd the law of God in Deut. 24. 1. and his expresse charge by the Profet Malachy to dismisse from him the wife whom he hates . For God never meant in mariage to give to man a perpetuall torm● , instead of a meet help . Neither can God approve that to the violation of this holy league ( which is violated as soon as true affection ceases and is lost , ) should be added murder , which is already committed by either of them who res●lvedly hates the other , as I shew'd out of 1 John 15. Who so hateth his brother is a murderer . CHAP. XLI . Whether the husband or wife deserted may marry to another . THe wives desertion of her husband the Christian Emperours plainly decreed to be a just cause of divorce , when as they granted him the right therof , if she had but lain out one night against his will without pr●ble ●use . But of the man deserting his wife they did not so determine : Yet if we look into the Word of God , wee shall find , that he who though but for a year without just cause forsakes his wife , and neither provides for her maintenance , nor signifies his purpose of returning , and good will towards her , when as he may , hath forfe●ted hi● 〈◊〉 in ●er s● for●ak'n . For the Spirit of God speaks plainly , th●t both man and wife hath such power over one anothers person as that they cannot deprive each other of ●iving together , but by 〈◊〉 and for a time . H● may b● added that the holy Spirit grants desertion to be a cause of divorce , in those answers giv'n to the Corin●hians concerning a brother or sister d●d by a ●is-beleever . If he depart , let him depart , a brother 〈◊〉 siste● 〈◊〉 not under bondage in such cases . In which words , who sees● of that the holy Ghost openly pronoune't , that the party without c●e deserted , is not bound for anothers wilfull defe●ion , to abstain from mariage , if he have need therof . But some will say , that this is spok'n of a mis-beleever departing . But I beseech yee , doth not he reject the faith of Christ in his deeds , who rashly breaks the holy covnant of wedlock instituted by God ? And besides this , the holy Spirit does not make the mis-beleeving of him who departs , but the departing of him who mis-beleevs to be the just cause of freedom to the brother or sister . Since therfore it will be agreed among Christians , that they who depart from wedlock without just cause , doe not only deny the faith of matrimony , but of Christ also , what ever they professe with thir mouths , it is but reason to conclude , that the party deserted is not bound in case of causlesse desertion , but that he may lawfully seek another consort , if it be needfull to him toward a pure and blameles conversation . CHAP. XLII . That impotence of body , leprosie , madnes , &c. are just causes of divorce . OF this , because it was not disputed in the doctline and discipline of divorce , him that would know furder I commend to the Latin original . CHAP. XLIII . That to grant divorce for all the causes which have bin hitherto brought , disagrees not from the words of Christ naming only the cause of adultery . NOw wee must see how these things can stand with the words of our Saviour , who seems directly to forbid all divorce excepti be for adultery . To the understanding wherof , wee must ever remember this : That in the words of our Saviour there can be no contrarietie . That his words and answers are not to be stretcht beyond the question propos'd . That our Saviour did not there purpose to treat of all the causes for which it might be lawfull to divor● and marry again ; for then that in the Co●hiaus of marrying again with 〈◊〉 guilt of adultery could not be added . That it is not good for that man to be alone who hath not the special gift from above . That it is good for every such one to be married , 〈◊〉 he may sh● fornication . With regard to these principle let us see what our Lord answer'd to the tempting Pharises about divorce , and second ma●iage , and how ●rre his answer doth extend First , No man who is not very contentious , will deny that the Pharises askt our Lord whether it were lawfull to put away such a wife , as was truly , and according to Gods law , to be counted a wife ; that is , such a one as would dwell with her husband , and both would & could perform the necessary duties of wedlock tolerably . But shee who will not dwell with her husband , is not put away by him , but goes of her self : and sh●e who denies to be a meet help , or to be so , hath made her self unsit by open misd●meanours , or through incurable impotencies cannot be able , is not by the law of God to be esteem'd a wife ; as hath bin shewn both from the first institution , and other places of Scripture . Neither certainly would the Pharises propound a question concerning such an unconjugall wife ; for thir depravation of the law had brought them to that passe , as to think a man bad right to put away his wife for any cause , though never so slight . Since therfore it is manifest that Christ answer'd the Pharises concerning a sit and meet wife according to the law of God , whom he forbid to divorce for any cause but fornication . Who sees not that it is a wickednes so to wrest and extend that answer of his , as if it forbad to divorce her who hath already forsak'n , or hath lost the place and dignitie of a wife by deserved infamy , or hath undertak'n to be that which she hath not naturall ability to be . This truth is so powerfull that it hath mov'd the Papists to grant their kind of divorce for other causes besides adultery , as for ill usage , and the not performing of conjugal dutie ; and to separate from b●d and board for these causes , which is as much divorce , as they grant for adultery . But some perhaps will object , that though it be yeilded , that our Lord granted divorce not only for adultery , yet it is not certain that he permitted mariage after divorce , unlesse for that only cause . I answer , first , that the sentence of divorce , and second mariage , is one and the same . So that when the right of divorce is evinc't to belong not only to the cause of fornication , the power of second mariage is also prov'd to be not limited to that cause only ; and that most evidently , when as the holy Ghost , 1 Cor. 7. so frees the deserted party from bondage , as that he may not only send a just divorce in case of desertion , but may seek another marriage . Lastly , Seeing God will not that any should live in danger of fornication and utter ruine for the default of another , and hath commanded the husband to send away with a bill of divorce her whom he could not love , it is impossible that the charge of adultery should belong to him who for lawfull causes divorces and marries , or to her who marries after she hath bin unjustly rejected , or to him who receavs her without all fraud to the former wedlock . For this were a horrid blasphemy against God , so to interpret his words , as to make him dissent from himself ; for who sees not a flat contradiction in this , to enthrall blameles men and women to mis●ries and injuries , under a false and soothing title of mariage , and yet to declare by his Apostie that a brother or sister is not under bondage in such cases . No lesse doe these two things conflict with themselvs , to enforce the innocent and faultles to endure the pain and misery 〈◊〉 nothers perversnes , or els to live in unavoidable temptation ; and to affirm elswhere that he lays on no man the burden of another mans sin , nor doth constrain any man to the endangering of his soul . CHAP. XLIV . That to those also who are justly divorc't , second mariage ought to be permitted . This although ●t be well prov'd , yet because it concerns only the offendor , I leav him to search out his own charter himself in the Author . CHAP. XLV . That some persons are so ordain'd to mariage , as that they cannot obtain the gift of continence , no not by earnest prayer , and that therin every one is to be left to his own judgement , and conscience , and not to have a burden laid upon him by any other . CHAP. XLVI . The words of the Apostle concerning the praise of single life unfolded . THese two Chapters not so immediatly debating the right of divorce , I chose rather not to insert . CHAP. XLVII . The Conclusion of this Treatise . THese things , most renowned King , I have brought together , both to explain for what causes the unhappy , but sometimes most necessary help of divorce ought to be granted , according to Gods Word , by Princes and Rulers : as also to explain how the words of Christ d●e consent with such a grant . I have bin large indeed both in handling those Oracles of God , and in laying down those certain principles , which he who will know what the mind of God is in this matter , must ever think on , and remember . But if wee consider what mist and obscuritie hath bin powrd out by Antichrist upon this question , and how deep this pernicious contempt of wedlock , and admiration of single life , ev'n in those who are not call'd therto , hath sunk into many mens persuasions , I fear lest all that hath bin said , be hardly anough to persuade such that they would cease at length to make themselvs wiser & holier then God himself , in beeing so severe to grant lawfull mariage , and so easie to connive at all , not only whordoms , but deflowrings , and adulteries . When as among the people of God , no whordom was to be tolerated . Our Lord Jesus Christ , who came to destroy the works of Satan , send down his Spiritupon all Christians , and principally upon Christian Governours both in Church and Common-wealth ( for of the cleer judgement of your royall Majesty I nothing doubt , revolving the Scripture so often as yee doe ) that they may acknowledge how much they provoke the anger of God against us , when as all kind of unchastity is tolerated , fornications and adulteries winkt at : But holy and honourable wedlock is oft withheld by the meer persuasion of Antichrist , from such as without this remedy , cannot preserve themselves from damnation ! For none who hath but a spark of honesty will deny that Princes and States ought to use diligence toward the maintaining of pure and honest life among all men , without which all justice , all fear of God , and true religion decayes . And who knows not that chastity and purenes of life , can never be restor'd , or continu'd in the Common-wealth , unlesse it be first establisht in private houses , from whence the whole breed of men is to come forth . To effect this , no wise man can doubt that it is necessary for Princes and Magistrates first with severity to punish whordom and adultery ; next to see that mariages be lawfully contracted , and in the Lord , then that they be faithfully kept ; and lastly , when that unhappines urges , that they be lawfully dissolv'd , and other mariage granted , according as the law of God , and of nature , and the Constitutions of pious Princes have decreed ; as I have shewn both by evident autorities of Scripture , together with the writings of the ancient Fathers , and other testimonies . Only the Lord grant that we may learn to preferre his ever just and saving Word , before the Comments of Antichrist , too deeply rooted in many , and the false and blasphemous exposition of our Saviours words . Amen . The end A POST-SCRIPT . THus farre Martin Bucer ; Whom where I might without injury to either part of the cause , I deny not to have epitomiz'd : in the rest observing a well-warranted rule , not to give an Inventory of so many words , but to weigh thir force . I could have added that eloquent and right Christian discours , writt'n by Erasmus on this Argument , not disagreeing in effect from Bucer . But this , I hope , will be anough to excuse me with the meer Englishman , to be no forger of new and loose opinions . Others may read him in his own phrase on the first to the Corinthians , and ease me who never could delight in long citations , much lesse in whole traductions ; Whether it be natural disposition or education in me , or that my mother bore me a speaker of what God made mine own , and not a translator . There be others also whom I could reck'n up , of no mean account in the Church ( and Peter Martyr among the first ) who are more then half our own in this controversy . But this is a providence not to be slighted , that as Bucer wrote this tractat of divorce in England and for England , so Erasmus professes he begun heer among us the same subject , especially out of compassion , for the need he saw this Nation had of some charitable redresse heerin ; and seriously exhorts others to use thir best industry in the cleering of this point , wherin custom hath a greater sway then verity . That therfore which came into the minde of these two admired strangers to doe for England , and in a touch of highest prudence which they took to be not yet recover'd from monastic superstition , if I a native am found to have don for mine own Country , altogether sutably and conformly to their so large and cleer understanding , yet without the lest help of theirs , I suppose that hence-forward among conscionable and ju●icious persons , it will no more be thought to my discredit , or at all to this Nations dishonor . And if these thir books , the one shall be printed often , with best allowance in most religious Cities , the other with express autority of Leo the tenth a Pope , shall for the propagating of truth be publisht and republisht , though against the receav'd opinion of that Church , and mine containing but the same thing , shall in a time of reformation , a time of free speaking , free writing , not find a permission to the Presse , I referre me to wisest men , whether truth be suffer'd to be truth , or liberty to be liberty now among us , and be not again in danger of new fetters and captivity after all our hopes and labours lost : and whether learning be not ( which our enemies too profetically fear'd ) in the way to be trodd'n down again by ignorance . Wherof while time is , out of the faith owing to God and my Country , I bid this Kingdom beware : and doubt not but God , who hath dignify'd this Parlament already to so many glorious degrees , will also give them ( which is a singular blessing ) to inform themselvs rightly in the midst of an unprincipl'd age ; and to prevent this working mystery of ignorance and ecclestastical thraldom , which under new shapes and disguises begins afresh to grow upon us . The end . Notes, typically marginal, from the original text Notes for div A69646e-200 Bezae Icones . Notes for div A69646e-1500 * Nicol. de obit Bri. Notes for div A69646e-2070 That the ●dering of ●riage belo● to the civi● power . The Popes have invaded by fraud and force the ordering of ma●iage . I omit his testimonies out of Cyprian , Gelasius , Epiphanius , contented only to relate what he thence collects to the present purpose . The 1. axion● that Christ could not ' condemn of adultery that which he once commanded . The second Axiom . Axiom 4. Mat. 5. 34. 
A55740	----	A case of conscience propounded to a great Bishop in Ireland viz., whether after divorce the innocent party may not lawfully marry : with the Bishop's answer to the question, and a reply to the Bishops answer, and also some quæries, whether the silencing of godly ministers be not near of kin to the killing of the two prophets, Revelation the 11 chap / by George Pressicke. Pressick, George. 1661 Approx. 82 KB of XML-encoded text transcribed from 19 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2004-08 (EEBO-TCP Phase 1). A55740 Wing P3296 ESTC R24474 08202926 ocm 08202926 41073 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A55740) Transcribed from: (Early English Books Online ; image set 41073) Images scanned from microfilm: (Early English books, 1641-1700 ; 1237:13) A case of conscience propounded to a great Bishop in Ireland viz., whether after divorce the innocent party may not lawfully marry : with the Bishop's answer to the question, and a reply to the Bishops answer, and also some quæries, whether the silencing of godly ministers be not near of kin to the killing of the two prophets, Revelation the 11 chap / by George Pressicke. Pressick, George. 36 p. Printed for the author, [London?] : 1661. Reproduction of original in the Cambridge University Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. 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Keying and markup guidelines are available at the Text Creation Partnership web site . eng Remarriage (Canon law) Divorce (Canon law) 2003-12 TCP Assigned for keying and markup 2004-02 SPi Global Keyed and coded from ProQuest page images 2004-04 Judith Siefring Sampled and proofread 2004-04 Judith Siefring Text and markup reviewed and edited 2004-07 pfs Batch review (QC) and XML conversion A Case of Conscience propounded to a great Bishop in Ireland , Vizt . Whether after Divorce , the innocent Party may not lawfully Marry . With the Bishop's Answer to the QUESTION : AND A Reply to the Bishops Answer . And also some Quaeries , Whether the Silencing of Godly Ministers be not near of kin to the killing of the two Prophets , Revelation the 11. chap : By George Pressicke of Dublin . He that justifieth the Wicked , and he that condemneth the Iust , even they both are an abomination to the Lord. Proverbs 17.15 . Printed for the Author in March , 1661. To the Reader . Christian friends , YOu may understand by what followes that I propounded a Case of Conscience to a great Bishop in Ireland , by way of petition ; but had a very slight Answer : whereupon I went to my Chamber , and writ to h●m a large Letter , wherein I did hint to h●m that I had not written and printed three Books against Anabaptists and Quakers to be put off with such an Answer as he had given me ; and 〈◊〉 urge him from that Text 1 Peter 3.15 . that I did conceive he was bound in conscience and duty to God , to answer to the Question , which I desired might be in writing : which after he had read , he gave order I should come to his house and he would answer it ; which I d●d , and drew up the substance of my Petition and Letter into certain Questions and Arguments ; which hereafter followe●h , together wi●h hi● Answer , and my Reply to h●s Answer . And seeing I could have no further satisfaction , I thought good to put all in Print to publike view , that he understanding Reader may consider and judge , That if I should take ano●her Wife ( as I do intend for any thing I yet know to h●nder me ) whether there be not sufficient ground of Scr●pture for me so to do , besides the example and practice of o●her Churches , Reasons and Arguments shewed to prove the lawfullnesse thereof . And if one or more be otherwise minded , I may say as Peter and Iohn said in another case , Acts 4.19 . Whether it is right in the light of God , to hearken unto you , more than unto God , judge ye ▪ so I say , whe●her should I be concluded by one or some few Mens opinions , contrary to the Word of God and the pr●ctice of Pro●estant Churches , and so be lyable to continuall temptations all my life long , or take that liberty which the Word of God and former Pro●estant Churche● hath allowed , that I maye escape Satans snares , and have a remedy against my owne Corruption , Iudge ye . Thus I leave ●ll to your charitable constructions , and am according to that measure I have received , A lover of the Truth George Pressicke . A Case of Conscience propounded &c. vizt . whether a Man whose wife hath forsaken him seven years and five months without any just cause , and will not be reconciled ; and he having satisfied the Law so far that by his Majesties Reference to two Bishops in London ) he hath a Divorce under the Bishops hands , whether he may not lawfully Marry . Mr. Pressicke to the Byshop . Right reverend Father in God , I Have accord●ng to my weak ability drawne up the chief Heads of my petition and Letter into a more orderly Forme than before , that your Lordship may with lesse trouble con●●der of it , and God Almighty direct you therein . And first , If the Law of God say , 1 Cor. 7.15 . If the unbelieving will depart , let him depart a brother or a sister is not under Bondage in such cases : but if in such a Case the innocent party have not liberty to marry , he must needs be in bondage still . 2. If the Law of the Land allow , that if a Husband or Wife forsake one another seven years , and be not heard off , the innocent party may marry ; then why may not I much more have l●berty to marry , whose Wife hath forsaken me seven years and five months : for what more benefit have I of her , than if I did not he●r whethe● she were de●d or l●ving ▪ yea more , I have a D●vorce under two Bishops Hands by a reference from his Majesty : and though it be not in Forme according to the Canon-Law , ( fo● that had been many years silenced ) but having his Majesties Royall Assent , ( from whom the Canon-Law receives it's vigo● and strength ) doth supply that defect , as if it had been done by the Canon-Law . 3. If both the Law of God , as 1 Cor. 7.15 . and secondly if the Law of the Land ( according to the practice of the Church of England as above ) the benefit of which cannot in equity be denied me , there being no Law as your Lordship said to compell a wife to perform the duty of a wife . and thirdly ( which is more ) I having a B●ll of D●vorce . And fou●thly the example and practice of the Church in Germany in the like case , who allowed Galeatius to marry because his wife refused to co-habit with him , as mine hath refused to co-habit with me , then why should I be h●ndered of my lawfull liberty more than o●hers . 4. If there be no Law to compel a wife to her duty , as your Lordship said there is not , and if there be a Law to restrain the husband from his lawfull l●berty , which the Word of God allowes h●m , and according to the practice of other Churches as above : then whether is that Law that restrains him ( if any such Law there be ) whether is it a just Law according to the wo●d of God , or whether is it not rather against the word of God ; and is not that Law ( if there be any such ) a setting of their thresholds agai●st Gods thresholds , and their Posts by Gods Posts ; Ezek. 43.8 . compared with Isa. 29.13 . ●heir fear towards me is taught by the precepts of men . Fo● such a law would destroy an Ordinance of God , that is , Marriage and P●ocre●tion , and one end fo● which man was c●eated , that is , That the wife should be in subjection to her hu●band , as the Church is to Christ. Ephes. 5.24 . But if this l●berty be denied him , then must the husband be in subjection to h●s w●fes humour , though she be a who●e o● an Infidell and of never so perverse a spirit , he must be kept in bondage , and laid open to all temptations , if not a necessity of sinning . 1 Cor. 7.4.5 . If it be objected that nothi●g but whoredome can divorce as some have ignorantly said . 5. To that I say that though there are other lawfull causes of divorce besides whoredome ; yet except the Bishops made that divorce between me and my wife , upon the account of my wifes being a whore in Scripture-sence , as I writ to them before they made that divorce , the Bishops must needs fall under the breach of that Scripture , Math. 19.6 . Those whom God hath joyned together , let no man put asunder . for there can be no divorce from bed and board , ( as some call it ) but it is absolutely against that Text : Except it be with consent for a time , ( 1 Cor. 7.5 . ) to give themselves unto prayer ; and come together again , lest Satan tempt them for their incontinencie . But this divorce between me and my wife is not of this nature , and therefore contrary to the word of God ; except it be upon the account of her whoredome in Scripture-sence : for neither the consent of the Parties , nor the consent of the Bishops can make that lawfull , which the word of God saith is unlawfull , Mat. 19.6 . Those whom God hath joyned together , let no man put asunder . 6. Now that she is a whore in Scripture-sence I prove is thus , Iudges 19.2 . the text saith , The Levits wife played the whore again●t her husband , and departed from him four full months . but my wife hath departed from me seven years and five months ; if the Levits wife had actually played the who●e , she should by the Law have been stoned to death ; Levit. 20.10 . neither had it been lawfull for him to have taken her againe , Levit. 21.7 . and 1 Cor. 6.16 . He that is joyned to an harlot is one flesh . therefore it is conceived that the Levites wife departing from him without his consent , it is in Scripture-sense whoredome ; for she ought to have been in subject on to her husband , as the Church is to Christ. Ephes. 5.24 . This truth is further confirmed by comparing this with Prov. 2 . 17· where a harlot is descr●bed to be one that forsaketh her husband , and forgetteth the covenant of her God : some Margents say , she forgetteth the promise of the marriage covenant ; Ier : 3.3 . compared w●th the 20 verse , Thou hadst a Whores fore-head , as a wife treacherously departeth from her husband : these three Texts prove sufficiently that a wife forsaking her husband is a whore in Scripture-sence . So that from the union that is between Christ and his Church , Eph. 5.32 . we may gather that as forsaking the Lord is called harlotry , Isa. 1.4 . compared with the 20 , 21. They have forsaken the Lord , how is the faithfull Citie become an harlot . even so a wife forsaking her husband is in Scripture-sence whoredome : and God threatens to punish both with one and the same punishment , Ezekiel 16.38 . I will judge thee as women that break wedlock and shed blood are judged . and breaking wedlock and shedding blood are both the sins of her that was my wife . To conclude as Christ himselfe said , Therefore whatsoever ye would that men should do to you , do ye even so to them . I beseech you consider it as if it were your case , what you would have others do unto you ; and trouble not your selfe to answer , but grant me a Lycense to marry , wh●ch if you do , yet it can be no President to others to follow , for no mans condition doth paralell mine . First , in regard of my wifes obstinacy these seven years and five months , notwithstanding all lawfull means that hath been used to ●eclaime her , and in that respect she is wo●se then most who●es are ; for few whores do altogether deny their husbands , though they company with other men as with their husbands . Secondly , in her indeavouring to murther me , by stabbing at me with a knife , and cutting me in the face . Thirdly , I have suffered twenty five dayes imprisonment by Charles Fleetwood , for taking hold of my wife , and desiring to talke with her but one quarter of an hour , to know if she could shew any reason why she dealt so with me : besides she procured my imprisonment in London for 1700 pound , when I owed not one penny . Fourthly , I have a Bill of divorce by vertue of his Majesties reference to two Bishops , and under the two Bishops hands : all which considered , granting me a Lycense to marry can be no president for others to follow . Novem : 12 th . 1661. Your Lordships most humble and unworthy servant George Pressicke . The Bishop's Answer . Mr. Pressicke ; I Have perused your Paper and I am still of the same judgement I was ; they who expound Scriptu●e acco●ding to the●r own private fancies doe often change , but they who expound it in the same sence which was delivered to the Catholique Church with the Scripture , can hardly vary f●om themselves . To the first objection I acknowledge the words of Saint Paul , 1 Cor. 7.15 . If the unbelieving depart , let h●m depart ; a brother or a sister is not ●n bondage in such cases . But there is a difference b●tween the marriage of Infidels and the marrige of Christians ▪ the marriage of Infidels being only a civil Contract and may be d●ssolved by consent , the marriage of Christians is mo●eover a ●●gne of the Mysticall union between Christ and his Church , and therefore indissolvable . secondly , You plead the law of the Land which alowes a woman to marry after her husband hath been seven years absent : but you mistake the Law , for if the hu●band be known to ●e living , seventeen years absence w●ll not make it lawfull for the wife to marry again ; take an instance Mr. Mole was absent above twenty years in the inquisition , for his religion , yet his wife did not , she could not marry again . The reason of your mistake is this that if a man be not heard off in seven years , the Law presumeth that he is dead , and death dissolves the bond of marriage ; yet if it appear that the fo●mer husband was not dead , he ought to be restor'd to his wife notwithstanding her second marriage . thirdly , You prove nothing but presume that since you have the law of God and the law of the Land for you , the precepts of Men cannot comptroll the law of God , but you erre every way , for you have neither the law of God for you nor the law of the Lan● , but both the law of God and the law of the Land are ex●resly aga●nst you : he● saint Marke chap. 10. verse 11. Whosoever shall put away his wife and marry another , committeth adultery against her . the words are generall and admit no evasion : hear saint Luke chap. 16. v. 18. W●osoever pu●teth away his wife and marrye●h another , committeth adul●ery ; aed whosoever marryeth her that is put away committeth adultery . ●here is no restrict●on nor exception , indeed saint Mathew seemeth to have an exception Mat. 5.32 . Whosoever shall put away his wife saving for the cause of fornication , causeth her to commit adultery ; and whosoever shall marry her that is divorced , commi●teth adultery . and Mat. 19.9 . Whosoever shall put away his wife except it be for fornication , and shall marry another , committeth adultery : which two places have both the same sence . The exception , if it be an exception , and not rather a pure negation , extendeth it selfe only to the divorce , not at all to the second marriage : he that ●utteth away his wife without the cause of fornication , maketh her commit adultery : but if he put her away for fornication , she is the culpable cause of her own adultery , not he that puts her away justly : but having put her away , whether he may lawfully marry again without sinne , saint Mathew saith nothing , but saint Marke and saint Luke speak expresly that he cannot : yet even this place of saint Mathew ( howsoever understood ) speaks directly against your second marriage , for you do not so much as pretend that your wife hath committed adultery ▪ and therefore by the undoubted consent of the three Evangelists you cannot marry again . To this of the three Evangelists , adde likewise the testimony of St. Paul , Rom. 7.2 , 3. The woman which hath an husband is bound by the law to her husband so long as he liveth , but if the husba●d be dead , she is loosed from the Law of her husband . So then if while her husband liveth she be marryed to another , she shall be called an Adulteresse . St. Paul knew no way to dissolve marriage but by death : the same he saith , 1 Cor : 7 : 39. The wife is bound by the Law as long as her husband liveth but if her husband be dead , she is at liberty to be marryed to whom she will. and if we weigh the force of St Pauls argument exactly , we shall find it to be this , That as the bond of the Law could no way be dissolved whiles the Law lived , that is , was not abrogated , notwithstanding any prevarication interceding ; so the bond of marriage is indissolvable so long as life lasteth , notwithstanding any interceding fornication . To conclude this point , he that marrieth her that is divorced or put away either justly for fornication , or unjustly without fornication , committeth adultery : for if it was justly for fornication ; then she was the nocent person , and could not marry aga●n ; and if it was unjustly without fornication , then the divorce was void , and she still continued wife to her former husband : howsoever it was , whether justly or unjustly , it can be no adultery , except the bond of the former marriage were d●ssolved . Another place we have to the same purpose , 1 Cor : 7.10 , 21. Unto the married I command , yet not I , but the Lord , let not the wife depart from her husband ; but if she depart , let her remain unmarried , or be reconciled to her husband ; and let not the husband put away his wife . Either St Paul speaks of such a woman who had no just cause of separation , or of one who had : but he cannot be understood to speak of one who had no just cause of separation , for then he would not , he could not have said , let her remain unmarried , or be reconciled at her choice , but let her be reconsiled and returne to her husband . St Paul did not , could not permit any unjust Di●o●ces , contrary to the expresse Word of God. It is plain therefore that he speaks of one who had just cause to depart ; and yet St Paul commandeth in the name of the Lord , that such an innocent person should remain unmarried . To these plain testiminies of holy Scripture , we may joyne the evidence of right reason . If married persons could so easily unmarry themselves by the consent of bo●h parties , and much more by the ●●nister practises of one party ? what a Doore would this open to perjuries and subordinations , to the slanders and deflamations of innocent persons , whilest men pursued their own lusts under the clo●ke of justice ? what division and what ruine would this bring upon families ? what a curse would it be to poore children , who ( many times without their own faults ) must loose one of their naturall parents , and get a step-Father or a step-Mother in their place ? This Conclusion ( Mr. Pressicke ) is evidenced to us by the wo●d of God , by the light of naturall reason , that marriage ought to be kept sacred and undissolvable . It hath been long observed as a Nationall sinne of this people , to have been over easy dissolvers of true marriages , upon slaunderous , or pretended Prae-contracts wanting all ground but lust and perjury : and therefore I do give you the same Counsaile which I take God to witnes I would take my selfe if I were in the same condition . Seeke once more to be reconciled to your wife , and forget not to pray God to change her heart : if you cannot prevail , then follow St Paul's command or rather God's command by St Paul , to remain unmarried . You complain of this as a grievous burthen , but you consider not that many holy Saints and Servants of God have lived much longer under the same Crosse that you have done , and altogethe● without their own faults . Some have had their Spouses imprisoned for 30 or 40 years together for conscience sake , as I told you formerly of Mr. Mole : some again have had their husbands made slaves by the Turkes , and detained from them as long as they lived : some have been smitten with an incurable disease ( presently after Marriage ) inconsistent with the duties of the marriage-bed : what must they doe in these cases and many more of the same nature ? Presently marry again , God forbid ! This is a better remedy , that is , by fervent and frequent prayer to begge the guifte of continency of God : if we prevail not , it is because we pray amiss . If it be not a crosse which we have pulled upon our selves , but which God himselfe hath imposed upon us we have his promise , that he will hear u● , and help us : let who will whisper to you other thoughts , Mr. Pressicke this is your remedy . In your fifth Paragraph you run into one or two errors more , that every ord●nary divorce is forbidden as a breach of Gods command : What God hath joyned together , let no man put asunder , Mat : 19.6 . and that there is no other cause of divorce but fornication . For first , that Text ( Mat : 19.6 . ) is understood properly of dissolving the bond of marriage , ( as you would have it ) for eve● , & not of lesser separations made out of prudence or piety for a time . Secondly , there are other causes of divorces , besides fo●nication , as when one married person shall seek to poyson or make away the other , or to starve them , it is very lawfull to seperate them out of prudence to prevent murther . Judge whether this be not your case or no ? and when the one person is continually inticing the other to Heresy or blaspheming ; or soliciting him or her to sinne against God : in such cases also such a temperary Divorce is lawfull , as no man that understands himselfe will deny . In the 6 and 7 paragraph , you endeavour to prove your wife a whore in Scripture-sence , because she is departed from you , but you mistake every way . For first , in all p●obab●lity the Levites wife did more then depart from him ; and though a Levite might not marry a known whore , yet being married , he might pardon , conceal , or connive at her lewd courses . But this is nothing to the purpose , for this adultery or whoredome fo● which a man may put away his wife , is not the spirituall whoredome , that is , Idolatry ; nor civill whoredome , that is , desertion of her husband : but carnall whoredome , whereby the bond of Marriage is dissolved , and the innocent party acquited for the future from all Con●ugall duties . But to imagine that she who only deserts her husband , and she who takes another into his bed , are both alike guilty of the breach of wedlocke , and both to be punished with the same punishment , as you say in the 7 paragraph , is ridiculous . In the conclusion of your discourse you plead for liberty to marry , and urge 4 reasons for your selfe , which if they were all true , signify nothing , as to that purpose for which you urge them . Suppose she have been so long absent ; suppose she cut you in the face ; suppose she were an occasion that you were imprisoned 25 dayes ; suppose you have a Divorce under two Bishops hands , upon a reference from his Majestie ; yet there is a great difference between a temporary divorce , and a perpetuall dissolution of marriage . What you plead for your selfe I have seen , what your wife hath to plead for her selfe I do not know ; but if every thing be as your selfe say , I cannot give way to your second marriage , whiles your old wife lives , without contradicting the Commands of our Saviour delivered by three Evangelists , and one Apostle : and therefore I must commend you to your proper remedy , that is , prayer , hoping that you will never thinke more of wedding , whilst your old wife lives , but bear your Crosse with patience which Christ hath laid upon you . November 16 th . 1661. Mr. Pressicke's Reply to the Bishop's Answer . Right reverend Father in God , I Beseech you once more to hear me with patience , what I have further to say : I have received your Lordships Answer to my paper , and I do humbly conceive it will admit of some Except●ons as followeth , In the first place , you say ( and that truly ) that they who expound Scripture according to their own private fancies , do often change : but they ( say you ) who expound it in the same sence which was deliverd to the Catholique Church , with the Scriptures , can hardly vary from themselves . To this I humbly reply , that you do not declare who you mean by the Catholique Church that we should seek the sence of Scripture from : whether the Church of Rome , or the Protestant Church , joyntly or severally , or who else we must take for the Church : and therefore I will deliver my opinion which I think is not a private fancy . By Catholique Church I understand all the true Beleivers that hath been from the begining of the world , is now , and shall be to the end of the world , of which Catholique Church I am one : and to this Church the Scriptures was given , and none can understand the sence and mind of God in the Scriptures , but such as God doth reveale it unto by his spirit , 1 Cor : 1.9 . As it is written , eye hath not seen nor ear heard , neither hath it e●tred into the heart of man , the things which God hath prepared for them that love him . But he hath revealed them to us by his spirit : and we h●ve not received the spirit of the world , but the spirit which is of God , that we might know ( observe the words ) that we might know the things that are freely given to us of God. But the naturallman receive●h not the things of the spirit of God , for they are foolishnes unto h●m : nei●her can he know them , because they are spiritu●lly discerned . and Mat : 10.27 . No man knowes the Father , save the Son , and ●e to whom the Son will reveal him . I do with all my heart and soul reverence learning , because I find the want of learning in my selfe : and we are debtors to those that have translated the Scriptures into our Mother-tongue : yet such as have naturall learning , and understand the originall Tongues may be in a naturall estate , and in that respect the Apostle saith , they cannot know the things of the spirit of God , for they are foolishnes unto him ; because they must be spiritually discerned . But I say he is a good Scholer that hath learn't his Lesson of Christ : and it matters not who is the scholer so that Christ be the Schoolmaster : I have never read that Christ doth speak to his Children or Scholers only in Hebrew , Greeke , or Lattine , but he hath and doth declare his mind and will to them in English , and other Languages as well as in the originall Tongues . I hope th●s is no expounding of Scripture according to private fancy : for it is plain Scripture , if the Scripture be right translated : if it be not , the fault is not mine . To the first objection you own the words of St. Paul , 1 Cor : 7.15 . If the unbeliever depart , let him dep●rt : a brother or a sister is not in bondage in such Cases : and you say there is a great difference between the marriage of Infidells , and the marriage of Christians : the marriage of Infidells being only a civill contract , and may be dissolved by consent : the marriage of Christians is a signe of the mysticall union between Christ and his Church , and the●efore ( you say ) undissolvable . To this I reply by plain Scripture , and agree with you that the marriage of Infidells is dissolvable , if but the one party be an Infidell , and refuse to co-habit with the husband or wife , as 1 Cor : 7.15 . and at verses 12 , 13. If a husband have an unbelieving wife , or a wife an unbelieving husband : if the unbeliever be pleased to dwell with the believer , the believer ought not to put the unbeliever away . and though my wife be an unbeliever , and is departed , yet I have waited 6 years , &c. for her returning , before I got a Bill of divorce : and the Text saith ▪ if the unbeliever depart , a brother or a siter is not in bondage in such cases : and you have granted that the marriage of Infidells is dissolvable by consent , and she gave her consent to the divorce : therefore by your own words the bone of marriage is dissolved between her and me : for this is my case , my wife is an Infidell or unbeliever , and hath departed from me above 7 years and 5 months : I did not put her away , but she put her selfe away , and by her departing she put me away from her as . Marke 10.12 . But St Paul saith , If she depart , let her remain unmarried , or be reconciled to her hu●band . 1 Cor : 7.11 . the reason is because she is the nocent party , therefore she must remain unmarried or be reconciled : but St. Paul doth not say let him remain unmarried , o● let h●m wait 7 years , as I have done , or 17 years to see whether she will be reconciled to her husband or not ; but he saiah expresly , ver : 15. if she depart , he is not in bondage in such cases : this is plain Scripture . But what greater outward bondage can there be ( if he have need of a w●fe ) than to be restrained from marriage , or in what sence can any man take that Scripture , a brother or a sister is not in bondage in such cases . I humbly conceive that to say as you do in another place , that he is freed from all conjugall duties towards her , it is neither the meaning of the Text , nor is the plaister broad enough for the soare : for if she desert him , and will not come at h●m , nor suffer him to come where she is , what conjugall duties is he like to performe towards her ? it is impossible : therefore the text must have another meaning , which I conceive must be this ; she breaking the bond and covenant of marriage , and will not be reconciled in so many years , she being an Infidell and giving her consent to that divorce , it doth dissolve the marriage , as your selfe said before , and sets me free to marry as St. Paul saith , a brother or a sister is not in bondage in such cases : if you say she is not an infidell , she hath been baptized and is a Christian , I say no , she is no Christian that walkes in practice as my wife hath done . Indeed I must say that so long as persons do outwardly hold and embrace the Christian faith , in Charitie we are bound to esteem them Christians , untill they manifest something to the contrary in their conversations : but when they break their faith and coven●nt , and all both humane and christian bonds , as my wife hath done , and will not be admonished neither by Ministers no● christian friends , but all Scripture and counsell hath been rejected by her , and she wittingly and maliciously acting against the light of her owne conscience , it is no breach of charity to esteem such an one an Infidell or unbeliever while they so walke : for such an one cannot be said to be a believer in any other sence then the Devill is said to believe and tremble : for if she did believe in any other sence , she durst not act so contrary to the rule of Scripture in breaking faith and covenant with God and her husband ; she cannot be said to be a christian , for believers were first called christians at Antioch : they wer● first believers , and then called christians : but some Ministers have said she is worse then an infidell , for Infidells act ignorantly , and she acts against knowledge . I grant also that the marriage of Christians is a signe of the mysticall union between Christ and his Church ; but that such a marriage is undissolvable , I thinke by what you have said it doth not appeare : fo● to the third Objection you g●rnt that a wife may be divorced fo● fornication , and I thinke I shall by Scripture make it appear , that be●ng divorced for fornication , the innocent party may lawfully marry . To prove th●s , the best way to expound Scripture is to compare Scripture with Scripture : now Marke 10.11 . it is said , Whosoever shall put away his wife , and marry another , commiteth adultery against her . and Luke Whosoever putteth away his wife , and marrieth another , commiteth adultery : and whosoever marrie●h her that is put away from her husband , committeth adultery . these Texts you say admit of no evasion , exception ; nor restriction : but compare them with Mat : 19.3 . and they w●ll yeild another sence . The Pharises came unto Christ tempting him , and saying unto him , is it lawfull for a man to put away his wife for every cause . Christs answer seems to include , as if he should say no , it is not lawfull for a man to put away h●s wife for every cause : for if you do , both he that puts her away for every eause , and marrieth another , and he that marrieth her that is put away for every cause , both of them committeth adultery : this I conceive to be the true meaning of both these Texts , the putting away for every cause , and marrying another is to commit adultery : and Moses ( saith he ) verses 8 , and 9. Because of ●he hardnesse of your hearts , suffered you to put away your wives for every cause : but I say unto you , that whosoever shall put away his wife except it be for fornication , and marry another , committeth adultery . but without all peradventure , these Texts thus compared together , holds forth to us , that if the divorce be for fornication , and not for every cause , if he marry another , he doth not commit adultery : for likewise Mat : 5.32 . whosoever shall put away his wife except for the cause of fornication , causeth her to commit adultery : If he put her away for every cause , but if she be put away for fornication , she is the cause of her own adultery , and he is no adulterer if he marry another , is included in these words , except for fornication , in all the three Evangelists : for there cannot be a contradiction between one of them and another , speaking all by one spirit : therefore one Text must be compared with another to find out the true sence , and I think it is very clear as above , being thus explained by Mat : 19 : 3. I conceive it very clear that being put away for fornication , and not for every cause , the innocent party may lawfully marry without sin : and I do humbly conceive that it was upon this account that the old Lord Primate Docter Usher and Docter Martin did seperate Mr. Richard Lingart and his w●fe after they had 2 or 3 children , and presently after while the old wife was living he married the Organists widow of St. Patrick's , and was after Arch-Deacon of Meath : all this I can make good . And I humbly conceive from Marke 10.12 . compared with the 1 Cor : 7.15 . that it is as cleare that a wife putting away her husband , and departing from him , and will not be reconciled , the husband may as lawfully marry , as if he had put her away for fornication , and ought not to be kept in bondage . Marke 10.12 . If a wom●n put away her husband and be married to another , she committeth adultery : but the Evangelist doth not say that if he marry another , after she is departed and hath put him away , that he committeth adultery , and St. Paul saith ab●olutely that he is not in bondage in such cases : the reason I conceive is because the wife ought to be in subjection to her husband and not he in subject●on to her : and therefore the putting him away , and will not be reconciled doth alter the case so as to set the husband free : a brother or a sister is not in bondage in such cases . For God knowing mans weaknes , and requiring that man should be holy in body and mind , and God knowing Satans sleights and continuall temptations , seeking whom he may devour , it cannot in reason be imagiened that God would have a man left in such a fo●lorne condition without a Remedy , through the perversnesse of a whore or unbeliever : it doth not stand with the bounty and goodnes of God to man : it is also against naturall reason , and contrary to Scripture , ( Ephes : 5.24 . ) that saith , As the Church is in subjection to Christ , so let the Wiues be to their own Husbands in every thing : but if in such cases the Husband be not set free to marry , then must some Husbands be in subjection and bondage to the humours of whores , and some to infidells and unbelievers : and she that was my wife is both in Scripture-sence , and I think sinns in Scripture-sence are of the deepest dye : adde also to this that I have a b●ll of Divorce , which all considered together , I see not but for all that is yet said against it , I may lawfully marry . You say , and that truly , I have not hitherto so much as pretended that my wife hath committed actuall adultery . I reply , the reason why I have not , is want of proofe : for it is a hard matter to prove one a whore though she were never so guilty , but there is as strong presumptions to perswade she is so as possible may be : As first , before she left me , when I told her she did not respect me as a wife ought to do a husband , she said that she looked upon me but as she did upon other men , and no otherwise : which is suspicion enough , to put no difference between her husband and other men . Secondly , it hath been taken notice of by severall that told me , that when she was not imployed in her calling as Midwife , she did frequent the company of those that were reputed for who●edome , the vilest persons in the Citie ; and they would sit and drinke Sacke , and jeare her husband . 3ly . She hath been observed to goe in evenings to places suspected for uncleanesse , and those that did observe it teld me . Fourthly , it is reported by many in this Citie that about the beginning of June last , when she was carried in a Horse-litter into the County of Armagh ( where she stil remains for any thing I know ) she had a French disease upon her : these things added to the former reasons and arguments of Scripture , I thinke what I plead for cannot in reason be denyed me ; but it is just and equall in the sight of God and Man that I should have a Lycense to marry . To return to the second Objection , the law of the Land ( you say ) I mistake : for if the husband be known to be living , if it were seventeeen years , the wife may not marry ; and you instance Mr. Mole was absent 20 years in the Inquisition . Reply , I say that in equity the benefit of the Law of the land should be allowed me , for what difference is there between being absent 7 years , and not heard off : and to be absent 7 years , if there be no law ( as your Lordship said ) to require the Delinquent party to her duty , or what benefit hath the one innocent party of their husband or wife more than the other : therefore there is as much equity the one should have liberty as the other . As for Mr. Mole his condition and this we speake of , are much different ; for Mr. Mole would have come home if he might , and she that was my wife might have come home , and was much sought to for to come , and she would not ; therein the case alters . And Galleatius being in the same condition that I am , as to the absence of his wife , yet not altogether in the same manner , for he left his wife , and my wife left me , and I have a Divorce and he had none , yet the Divines in Germany allowed him to marry anothe● : and therefo●e I still affirme ( till better reasons be shewed to the contrary ) that both the Law of God , and the example of the Church in Germany , and the practice of Dr. Usher and Dr. Martin towards Mr. Lingart here in Ireland , are all for me that I may lawfully marry : and if there be no law to require a w●fe to performe the duty of a wife , nor to punish her for her disobedience , I see not how there can be any Law [ in equity ] against me , to hinde● me from marriage . To come again to the 3 Object●on : you bring Rom : 7.2 , & 3. verses . The woman which hath a husband , is bound by the Law to her husband as long as he liveth ; but if the husband be dead , she is loosed from the law of her husband : so then , if while her husband liveth , she be married to another , she shall be called an adulteress . and 1 Cor : 7.39 . The wife is bound by the Law as long as the husband liveth . Reply , I humbly conceive [ under favour ] this Argument will not hold out we●ght in the ballance of the Sanctuary : for if she were put away justly for fornication , then the marriage is dissolved , as I shewed before out of the 3 Evangelists , that which I thinke will carry it though you say marriage cannot be dissolved . Well , she being justly put away for fornication , he that marrieth her committeth uncleannesse with her , because she was an Ha●lot : What know ye not , that he that is joyned to an hurlot is one body , for two saith he shall be o●e flesh : [ 1 Cor : 6.15 , 16. ] and shall I take the members of Christ and make them the members of an Harlot , God forbid ! If she were put away unjustly for every cause , as it seems then they used to make private divorces without Lycense from either Magistrate or Minister ; and herein though she were innocent as to the cause of divorce , yet she was blame-worthy and guilty of sin , in not appealing to the Governours of the Church or Commonwealth , or to both for justice , and they ought to have relieved her , and required the husband to performeth duty of a husband to her , and not have suffered the Land ( by such unlawfull separation ) to be polluted : and her neglect of this , and submitting her selfe to an unlawfull private Divorce , makes her & him that marrieth her , both guilty of uncleannesse . But this is not my condition , it is farr different from such proceedings : for I have to my hazard both of life and l●berty used all possible means to reclaim her since she left me , but to no purpose , and I have been restrained of my liberty for 25 dayes together , for contending against such private separations : and I have appealed both to Magistrates and Ministers , when the times and persons were so corrupt that I could not have justice , untill the Lord brought home his Majesty , to whom I made my plaint and case known , who upon the reading of my petition gave His Royall Assent that two Bishops should order the matter according to justice : and they considering her long absence , and that the man hath no power over his own body but the woman , and that she had broke the bond of wedlocke in departing so long , and defrauding her husband of due benevolence , which by the bond of marriage she was ingaged to , 1 Cor : 3.3.4.5 . and that at that present before them she refused to be reconciled ; whereupon the two Bishops gave me a bill of Divorce according to 1 Cor : 7.15 . If the unbeliever will depart let her depart , a brother or a sister is not in bondage in such cases : and Marke 10.12 . If a woman shall put away her husband , and be married to another , she committeth adultery : which doth imply , as the Text above doth , that he is not in bondage : so that if he upon that account marry another , he doth not commit adultery , because she denies the duty of a wife : and God did ordain that man should not live alone , but should have a helpe meet for him : and therefore if a wife that should be a helpe to him , to keep his vessell in holinesse and honour to God , if she break her Covenant with God and with her husband , shall I be kept in bondage after all this , and the Scriptures say in such cases a man is not in bondage . I pray you is it not contrary both to the Law of God and man , and naturall reason that I should suffer for my wives trangression ; if she commit murther , must I be hanged for her murther : or if she commit adultery , must I do pennance all my life after , to live out of a married condition for her adultery or separating her selfe from me , though I have never so much need of a wife ; this were a sad pennance indeed for her whoredome . But perhaps you will say she is not a whore , I say she is in Scripture-sence , if she be not otherwise ; and Scripture-sence is the best sence , and best proofe to prove a whore by : for it is very well knowne that according to the Lawes of Men , it is a very hard taske to prove a woman to be a whore : but I have shewed you enough before to perswade reasonable men that she is no lesse . I hope the Scriptures shall not be streched like Cloth upon tenter-hookes to keep men in such cases still in bondage : God is more gracious than men , to b●nd such heavy burthens , and lay them upon mens shoulders , which themselves will not touch with one of their fingers . You say further from the 1 Cor : 7.10 , 11. that St Paul cannot be understood to speak of one who had no just cause of seperation ; for then he could not have said , Let her remain unmarried , or be reconciled to her husband . Reply . I humbly conceive these words will bear another construction , mo●e agreeable to other Scriptures : for you speak of just cause of separation , for which she should remain unmarried , or be reconciled ; but do not tell us what that just cause might be : if you mean her Husbands fornication or adultery , then the Scripture tells us plainly in the 3 Evangelists explained by Mat : 19.3 . that upon a lawfull divorce , she needed not to remain unmarried : for being divorced for her Husbands fornication , she might marry ; because she could not ( upon that account ) return again and be reconciled to him , but in so doing she should sin , by making the members of Christ the members of an Harlot : 1 Cor : 6.15 , & 16. therefore it must be some inferiour cause of separation , as some rash or unadvised act , for wh●ch she m●ght depart for a time , and remain unmarried untill her husbands rage or anger were past , and they reconciled again . And I do humbly conceive , that where a Text will bear a double construction , it is most agreeable to the m●nd and will of God to expound it in that sence , that in observing thereof pesons may be preserved as much as may be f●om temptations to sin ▪ rather than to expound it in such a sence as by observing thereof persons shall be laid open to most horrid temptations to sin : and I do verely believe that the late Lord Primate and Dr. Martin did seperate Mr. Lingart and his wife upon this account ; which Mr. Lingart about 3 or 4 months after married another wife , while the first was living ; which if it had not been lawfull to have been done , I presume those precious servants of Jesus Christ Dr. Usher and Dr. Martin would not have suffered it to have been done . In the next place you say it is evidenced by right reason that if persons could so easily unmarry themselves , what a doore it would open to perjuries , subordinations , and slaundees of innocent persons , &c. Reply . This is as if Children should not have bread because sometimes Doggs snatch it from them . Shall the Children of God be debarred ●he●r lawfull l●berty for fear the Children of Beliall should draw false Conclusions from sound Principles : or shall innocents be punished with transgressors for company . If my case were weighed in the ballance of right reason , I could not be denied my desire : how have I pursued all lawfull means that could be invented and procured ( Doctors of Divinity , and Ministers , and Christian friends ) to perswade my wife to own me as a Husband , and she would not , nor shew any reason but her own will : and I have shewed your Lordship ( in my other paper ) four severall reasons , that if I have a Lycence to marry , yet no wicked person can make my condition a president for them to follow . I grant as you say it is evidenced by the Word of God and the light of naturall reason , that Marriage ought to be kept sacred and undissolvable ; it ought so : but if one party break the Bond , it is against the Word of God and the light of naturall reason , that the innocent party should be punished all his life long for the Nocents transgre●sion . What you say of Mr. Mole or others comes not near my case : for as I said before they would have come home , if they might ; and my wife might have come if she would , and has been as much solicited to come as might be , and this was Galleatius case , his wife would not come at him , for which the Divines in Germany suffered him to marry while the first wife was living . To my fourth Objection you are silent , which was to this effect that seing it doth appear for any thing that is yet said against it that according to the Word of God , that he whose wife commite● adultery , and he whose wife departeth from him and denies the duty of a wife , as mine hath done th●s 7 years and 5 months , may lawfully marry : and I have shewed you that Dr. Usher and Dr. Martin did allow it , and the Church in Germany and New - England hath allowed marriage in such cases : then I say if there be no law to compell a wife ( deserting her husband ) to her duty , nor to punish her for her disobedience , and if there be any law of men to restrain the Husband in such a case from marriage , then whether is that Law that restrains him a just law , according to the Word of God ? or whether is it not rather against the Word of God , and the practice of other Churches : and a binding of mens Consciences to insupportable burthens ? and whether is not such a Law ( if any such there be ) a setting of their thresholds against God's thresholds , and their posts by his posts Ezek : 43.8 . compared with Isa : 29.13 . Their fear towards me is taught by the precepts of men . Indeed I know not of any such L●w , my study hath been more in Divinitie , neither did I ever know where to get a Booke of Canons to acquaint my selfe with that Law : but it seems strange to me if amongst all the Canons there be none to punish a Husband or wife that refuseth to performe the duty of a Husband or wife . To my 5 Argument , you say I run into one or two errors more , viz : That every ordinary Divorce is forbidden as a breach of Gods command , What God hath joyned together , let not ma● put asunder : Mat : 19.6 . and that I say there is no other ●ause of Divorce but only fornication . Reply . This heavy charge of one or two errors , I shall easily wipe off ; for I do not say there is no other cause of Divorce but fornication ; for I said in my other paper , and I say in this , that an unbelieving wife departing from her Husband , and denying the duty of a wife , and will not be reconsiled to her husband , it is cause of divorce as well as fornication , if the Scripture may be believed before private fancy . 1 Cor : 7.3 , 4 , 5 , 11 , 15. If the unbeliever depart , a brother or a sister is not in bondage in such cases . Nay I thinke it is no false Exposia●on to say further , that whether she be a believer or unbeliever , if she depart , and persist in it , and will not be reconciled , it is cause of divorce ; otherwise the Apostle would have said a brother or a sister is not in bondage in such a case , in the singular number , in case of the unbelievers deparring : but he saith A brother or a sister is not in bondage in such cases ; speaking of more cases than one : which may well be understood not only of an unbelie●ers departing , but in the like case of a believers departing , if she continue obstinate and unreconcilable , a brother or a sister is not in bondage in such cases . Further you say that Text Mat : 19 : 6. is understood properly of dissolving the bond of marriage for ever , ( as you say I would have it ) and not of lesser separations made out of prudence or piety for a time . I said before and I say still that except the Bishops made that Divorce between me and my wife , upon the account of my wifes being a whore in Scripture-sence , o● else upon account of her departing and not performing the duty of a wife , one or both , as I writ to them of the lawfulnes of such a Divorce , and of the Germane Divines allowing the like to Galeatius , before they made th●s Divorce : I shewed these reasons why I desired it , or else to have my wife to l●ve with me , which she before them did refuse . I say exce●t they made this Divorce upon this account , wh●ch you say d●ssolves marriage for ever , the Bishops must needs fall under the breach of that precept , Those whom God hath joy●ed together , let no● man put asunder : fo● this divorce cannot be unde●●tood ( as you● Lo●dship speaks ) of lesser separations for a time , but of a perpetuall Divorce : for the Bishops bound us in five hundred pound Bonds apeece , that we should not owne one the other , not one the others estate ; and b●d us to take leave of one ano●her as if one of us were going to the grave : therefore it cannot be understood of a lesser Divorce for a time , but of a perpetuall dissolution of marriage for ever , or else the Bishops stand guilty of the breach of that precept , Mat : 19 ▪ 6. Thus , both according to the Word of God , and the Lawes of men , I mean the Bishops and His Majesties Royall assent , the bond of marriage is dissolved ; what hinders then but I may have Lycence to marry : and whereas I say there can be no divorce from bed and board ( as some call it ) except it be with consent for a time , and come together again , least Satan tempt them to incontine●cy . 1 Cor : 7.5 . but it is absolutely again●t this and that precept Mat : 19.6 . and 1 Cor : 7.3 , 4 , 5. I beseech you let not this be condemned for an error which is justified by Scripture . For your distinctions of temporary Divorces and lesser seperations & divorces of prudence and piety , I find no such distinctions of Divorces in Scripture ; and I dare not pinne my faith upon any mans opinion without Scripture-proofe : I pray you bear with my plainnesse , for I have read in an ancient Author , that one Lay-man bringing Scripture to prove his assertion , was to be preferred before a whole Counsell that decreed things without warrant from Scripture : and I read of no such Divorces in Scripture , except it be for every cause , Mat : 19.3 . and that Christ himselfe condemns as unlawful . And if any married persons should be so desperately wicked as to endeavour to kill , or poison or intice to Heresie or Blasphemy , or the like , the Magestrates by Law may take order and secure the innocent party , without making Divorces not warrantable by Scripture , and which oftentimes proves a bane to the innocent party , and binds him to more bondage then the Nocent . To the 6 & 7 Arguments where I prove my wife to be a whore in Scripture-sence , you say I mistake : for it is probable the Levites wife did more then depart , and though a Levite might not marry a known whore ; yet being married , he might pardon , or conceal , or connive at her lewd courses . Reply . I conceive it not so much as probable that she did any more than depart without his consent , that was enough : for the Seripture mentions not that she did any more , for which she was called a whore : for if she had been an actuall whore she should by the Law have been stoned to death , Levit : 20.10 . neither had it been lawfull for him to have taken her again , Levit : 21.7 . and I say he could not pardon nor connive at her lewd courses so as to take her again : 1 Cor : 6.13 , 15 , 16. The body is not for fornication , but for the Lord. What , know ye not that your bodies are the members of Christ ? shall I then take the members of Christ and make them the members of an harlot , God forbid ! What , know ye not that he th●t is joyned to an harlot is one body , for two ( saith he ) shall be called one flesh . These Scriptures shews plainly , that if a believers wife playes the Harlot , he ought not , nor cannot ( without grievous sin ) joyne himselfe to her again : for in so doing he dishonours Christ and makes his members the members of an Harlot . Now if such an innocent party have not liberty to marry , then is he ( for his wifes sinne ) in perpetuall bondage all his life after , except he will joyne with his wife again , and so make the members of Christ the members of an Harlot : but as for my w●fe , if I would , she would not owne me as a Husband : I desire it may be better con●●dered of for to say , that neither for civill whoredome [ as you call a wifes deserting her Husband ] nor carnall whoredome doth free the husband no further then from conjugall duties , is such a distinct on as I am assured is not suitable to Scripture , Grace , and Believers priviledges : those that thus deal with men , do as much as in them lyeth to provoke them to incontinency : but as I said before Dr. Usher & Dr Martin dealt not so with Mr. Lingart , for without doubt if either the wife desert her Husband , or play the harlot , for they are both one in Scripture-sence , the innocent party may lawfully marry rather than burne ; and those that hinder such , must answer for their sinns , if they transgresse ; and all men have not the gift of continencie . Then you that to imagine that she who deserts her Husband , and she who takes another into his bed , are both alike guilty of the breach of wedlock , and both to be punished with the same punishment , as you charge me to say , it is you say ridiculous . Reply . My Lo●d , if you look back upon my paper again , you will find it is your mistake and not mine : for I do not name carnall whoredome , of a womans taking another into her Husbands bed ; but this I ●aid , that spirituall whoredome , forsak●ng the Lord , and that which you call civill whoredome , a wife deserting her Husband , God threatens to punish both with one and the same punishment , Ezek : 16.38 . and if this be ridiculous to speak in Scripture language , I know not how to please men ; but the Apostle hath taught me , that if I yet seek to please men , I should not be the servant of Christ : Galat : 1.10 . But now being put to it I wil say something to the Charge : I do conce●ve that Blasphemy and spirituall whoredome [ which is forsaking the Lord ] being sinns committed immediately against God , are as great sinns , if not greater then those sinns committed against men , suppose it to be carnall whoredome or other : and if so that spirituall who●edome be as great a sin as carnall who●edome , and a wife deserting her Husband to be punished with the same punishment , that spirituall whoredome is to be punished with ; then a wife deserting her Husband ought to be punished with the same punishment that carnall whoredome is punished with , be it Divorce , or what else , except you will make carnall whoredome a greater sin then spirituall whoredome , and I thinke this is not rediculous : for a w●fe departing , and w●ll not be reconciled , it is a breach of wedlocke , because the Husband hath not power over his own body , but the wife : and she ought to render him due benevolence : yea , it is such a sin as God will punish with the same punishment as he doth spirituall whoredome , Ezek : 16.38 . I will judge thee as women that break wedlock , and shed blood , are judged . You grant that the marriage of Christians is a signe of the mysticall union between Christ and his Church : then I say from this union ( Ephes : 5.32 . ) we may draw this Conclusion , that a wife forsaking her Husband , and will not be reconciled , it is in Scripture-sence Harlotry or whoredome , as forsaking the Lord is called spirituall whoredome : Isa : 1.4 . compared with the 21. They have forsaken the Lord , How is the faithfull Citie become an Harlot . so a wife forsaking her husband , and forgetting the Covenant of her God , or promise of Marriage , Prov : 2.17 . is there called a Harlot : and Ierem : 3.3 . compared with 20. Thou hadst a whores forehead , thou refusedst to returne , as a wife treacher●usly departeth from her Husband . Now thus to depart ( as mine hath done this 7 years and 5 months ) is a breach of wedlocke , Cor : 7.3 , 4 , 5. for she ought to be in subjection to her Husband as the Church is to Christ , Ephes : 5.24 . by the mysticall union that is between Christ and his Church , which marriage is a signe of : but here I shall forbear to proceed any further , for I think I have made it clear enough to any indifferent man that may read it , both by Scripture and sound Arguments , that I ought to be set free and have Lycense to marry , which I hope your Lordship will gr●nt me ; otherwise I shall humbly beg your Lo●dships Rejo●nde● , to know what further reasons can be alledged against me , I remain Novem : 27 1661. your Lordship● most humble and unworthy servant George Pressicke . Having proceeded thus farre , and sent him my Reply , about a week or ten dayes after I went to him , to know if I should expect any further satisfaction to the Question , but received none : for with a frowning countenance he said . What do you thinke that you have received the Spirit to expound the Scripture more than other men ? Do you thinke you have a Cloven-head upon yours ? ( what he meant by Cloven-head , I leave o●hers to judge : ) I do protest ( saith he ) the Paper I have given you already , is my Judgement ; which I will live and dye in . But how unlikely that Paper is to satisfie a scrupulous Conscience , let them that read it , and the Reply to it , judge . As for me I cannot live by an implicite faith ; for I am like the Bereans , Acts 17.11 . One that can beleive nothing ( though delivered by an Apostle ) without searching the Scriptures daily whether those things be so : and if I be mistaken I would be thankfull to any , that in the spirit of meeknesse would by Scripture-arguments and reason shew me my mistake , for as yet it is not done : and there are both Bishops and Ministers of very eminent Guifts & learning , of the same Judgement with me in this point , that it is lawfull for me to marry . Suppose the Church of Rome , and some few Protestants are of opinion that divorced persons may not marry ; I do conceive I am not bound to submit to their Judgement , because I find both the Word of God , and the practice of Protestant Churches hath allowed the innocent party to marry : and as Peter & Iohn said Acts 4.19 . Whether it be right in the sight of God , to hearken unto them more than unto God , judge ye . To what I have said , I shall adde this , I have been credibly informed that about the beg●nning of the Rebellion in Ireland , L●evtenant Coll : Hewson sued out a Divorce before Arch-Deacon Buckley in Dublin , and after he was divorced , while the first wife was living , the Arch-Deacon himselfe did joyne the said Liev : Collonell and another woman together in marriage : and was this lawfull then , and is it not lawfull now : and was it thought lawfull by the late Reverend Lord Primate Dr. Usher ( whom all Europe reverenced for piety & learning ) and Dr. Martin to separate Mr. Lingart and his wife , and presently after Mr. Lingart married another while the first wife was living , and is it not lawfull for me now , being divorced by His Majesties Royall Assent : and was it thought lawfull by the Protestant Church in Germany to suffer Gaelleatiu to marry another , because his wife would not live with him , though he had no Divorce ; and is it not lawfull fo● me now to marry that hath a Divorce , and my w●fe hath forsaken me 7 years and 5 months . What an Iron-age is this that we live in ? I could instance some such like passages as these above , that hath been allowed of in England ; but I forbear , I thinke here is enough to satisfy reasonable men that reads it . Thus much I thought I was bound in Conscience to declare to the world , to clear my selfe from scandall , before I would take another w●fe , to prove the lawfullnes thereof as you see I have done both by Scripture , and reason , and the practice of Protestant Churches , lest any through ignorance should say , I pract●ce that my selfe I condemne in others ; because I have set forth in a Booke , the practice of Anabaptists in Germany , who had many wives at once : but I have had none almost this eight years , but only the name of one untill I got a Divorce . And those that can procure Zanty's Booke , and read him upon Divo●ce both for Adultery & Desertion , may be further informed of the innocent parties liberty to marry in such cases : and I may justly say I have had the advice of twenty Bishops , Doctors and Ministers , and none but this Bishop spoke against it , but all concluded that it was lawfull for me to marry . George Pressicke . Certain Quaeries touching the silencing of Godly Ministers , &c. Iohn 3.3 . Verily , verliy , I say uneo thee , except a man be borne again he cannot enter into the Kingdome of God. I Observe from this Text , first , that no man living and dying in that naturall condition in which he is bo●n , except he dye in Infancie , for to such there may be by the free grace of God , a secret imputation of the merits & righteousnesse of Jesus Christ , imputed unto them for salvation : but those that live to years , and are capable to understand when they are taught , except they be regenerated and borne again , they cannot see the Kingdome of God : that is , they cannot enter into the Kingdome of God. Secondly , I observe out of Iohn 10. and Romans 10. that the ordinary means that God hath ordained to worke faith and conversion in such as shall be saved , is the Ministry of the Word ; that is the Word of God preached . Ro : 10.14 , 15. How shall they hear without a preacher ; and how shall they preach except they be sent . that is such as God sends , and furnisheth with Guifts rightly to divide the word , and to bring out of Gods treasure things new & old , and to give every one their portions in due season : that is , comfort to whom comfort belongs , to edify and build them up in their most holy faith : and reproofe and reprehension to whom it belongs , to tell Israell his trangressions , and the house of Iacob their sinns , that at the day of Judgement when the Bookes of mens Consciences shall be opened , their condemnation may appear to be just ; that they were instructed in the truth which they rejected and dehorted from : and were reproved for their sinfull wayes , they walked into their owne destruction . Such faithfull Pastors may say as Isaiah , Isa : 8.18 . Behold here an I and the children that thou hast given me : or that thou hast made me instrumentall by my Ministry to them in the worke of their Conversion : when idle Drones , and dumme Doggs , and covetous Cormorants that seek the fleece mo●e than the flock , and to please men more than God , which run before they are sent , for filthy-Lucres-sake , these will have nothing to say for themselves , but wish the Mountains and Rocks to fall upon them , and cover them , from the face of him that sits upon the Throne , &c. Thirdly , I have observed with grief of heart , and I humbly desire it may be seriously considered off by all whom it doth or may concern , that many godly and faithfull Ministers , such as no man can deny but they have been instrumentall by their Ministry to the conversion of many souls , but they are now silenced , and not suffered to preach , for refusing subscription to that which they say is part of it the Ordinances of men , and not agree●ng with the Ordinances of God , and they are forbidden to plow with an Oxe and an Asse together : and they say it is very rare , if ever there were any soul converted by the reading of that Forme of Prayer only ; but they can make it appear that many hundreds have been converted by the preaching of the Word only , which they are hindred from the exercising of their guifts in ; though many of them would be glad they might be suffered to preach in Places that are vacant , though they had nothing for their pains : and they say that Preaching being an Ordinance of Divine institution : and those things they refuse to subscribe ( they say ) is but part of Divine and part of Humane institution : and therefore they think they have not equall dealing that they are silenced from preaching for not reading such a Forme of Common-Prayer , &c. and so many preferred as hath been , that many of them could scarce ever preach , but read only : and they desire it may be considered of , whether the profit that comes by the latter will countervail the dammage of prohibiting the former from preaching in these sinfull gloomy dayes , and places of ignorance ; and which might be the most probable and powerfull means the most to advance Gods glory , and to convince sinners and turne them from their sinns : is it because they cannot see with other mens eyes , that they may not be allowed to worship God in his own instituted Ordinances , without subscribing to the Ordinances of Men ? as to read Apo●ripha instead of Canonicall Scripture , of which Apocrypha they say some part of it , seems to be untrue ; as to instance one place , Tobit 12 chap : appointed to be read for the first Lesson at evening Prayer the fourth of October . In the 5 chap : & 4 verse , Tobias went to seek a man to go with him to Media , and he found Raphaell ( saith that verse ) that was an Angell : and verse the 12. he calls himselfe Azarias the son of Ananias the great , and of thy Brethren , saith he to Tobit : and verse the 13. Tobit saith , he knew his father Ananias , when they went together to Ierusalem to worship : and chap : 12. verse 15. He calls himselfe again Raphaell , one of the seven Angells which presents the prayers of the saints . Now this is contrary to the Doctrine of the Church of England , and all our Protestant Churches , that Angells should present the Saints Prayers , and so become their Mediator or Inte●cessor ; we leave that to Papists , for we own no Mediator or Intercessor between God & Man , but the Man Christ Iesus , Thus you see he calls himselfe Azarias the son of Ananias , and of Tobit's Brethren ; and in another place he calls himselfe Raphaell one of the seven Angells . Now they say , that the imposing of this and such like , instead of Canonical Scripture , makes them that they cannot subscribe ; for God is not worshipped with Mens hands , nor with mens tongues , except it be in a way of his own institution : He will be sanctified in all that draw near un●o h●m . I could say much more , but I forbear , for a word to the wi●e is suff●c●ent . For my own particular , I conceive a Litturgy in the Church is very usefull , that ignorant persons that cannot pray , may by often reading and hearing it read , learne to pray in a forme of Prayer : yet I think it should be such as both the Prayers and Lessons to be read , should be suitable to Canonicall Scripture ; and not such as is mentioned before : and so composed for matter and manner , as other parts of Gods worship be not hindred . But from what hath been said , this Question may arise , vizt . Whether the silencing of Godly Ministers be not very near of k●n to the killing of the two Witnesses ? spoken of Revelation 11. chapter , and 3 & 7 verses . For with submission to better Judgements , it is humbly conceived , that by the two Witnesses is signified , all the faithfull Preachers and Professors of the Truth which in all Ages have opposed Popery , and all other Heresies . They are called Witnesses , because they bear witnes to the Truth , and they are said to be but two , because two is the least number in bearing witnes , In the mouth of two or three Wit●esses , shall every word stand . And this Prophecy did foretell , that popery and Herefy should so generally prevail , that few in comparison of the adverse party should oppose them . These Witnesses are said to prophecy in sackcloth , signifying the mournful condition they should be in , by the prevailing power of their adversaries , that they should lead a sorrowfull life in this wo●ld , they spend not their time in Iollity , nor worldly Pompe , and bravery : and verse the 4 ▪ they are compared to two Olive trees ; for by the preaching of Gods Word the oyle of the Spirit is dropt into tender penitent hearts : and they are compared to two Candlesticks , that as the Candlestick bears the Candle to give light to others , so faithfull Preachers holds forth the light of Gods Wo●d in time of greatest darknes . And whereas it is said that these two Witnesses were killed by their adversaries , we must take notice that there are severall sorts of killing , besides the killing with the sword : there is a killing with the tongue as well as with the Hand , calling Men , Schismatick , Obstinate , Turbulent , and Pestilent persons , which cannot be proved that they are such : and St. Iohn tell us , 1 Iohn 3.15 . That . Whosoever hateth his brother is a murtherer , and ye know that no murtherer hath eternall life abiding in h●m , and verse 14. He that loveth ●ot his brother , abideth in death . and saith our Saviour , He that saith to his brother , thou fool , shall be in danger of Hell fire . But if there were love amongst Brethren , there would be more bearing and forbearing of for infirmities , and scruples of Conscience , for which they dare not subscribe , &c. A second Quaerie my be ●his , vizt . Whether the making of the Image of the Beast that had the wound of a sword , and did live . Revel : 13.14 . be not meant of the erecting of an externall Forme of Ecclesiasticall Government , like some Government that had been before : and what Government this making 〈…〉 Image of the Beast is , I desire to know : For the beast himsel●●●s said in the 6 verse , to blaspheme God , and his Tabernacle ; that is his Church and People : and in the 7 verse , He is said to make warre with the Saints , and overcome them ; that is , with the temporall sword , though they overcome him w●th the spirituall sword , and it is said in the 8 ve●se , that the power of the Beast should be so great , that all that dwell upon the Earth should worship him . that is , by submitting to his Edicts & Government , even all under his jurisdiction or Domin●on , whose Names are not written in the Booke of Life . It is said after , that such as would not submit to his Government , must neither buy no● sell , they must not enjoy those priviledges that others do that do submit . Some say that by the Beast mentioned in the first verse of this Chapter ) that rise out of the Sea , which had 7 Heads and ten Horns is meant the Romane Empire : and by the second beast , that rise out of the Earth , that had two Horns like the Lambe , but spake like the Dragon : ( verse the 11. ) is meant , the Pope in his height . Again others thinke that by both these Beasts , is meant the Pope ; whose one and the same Person is described under a double resemblance of two Beasts : for Anti-christ alone is a double Head ; in respect of his Civill power , he is the first beast ; and in respect of his Spirituall or Ecclesiasticall power he is the second beast . Or if you will , He is the first beast in regard of the wound he received by the Gothes , Vandalls , and Hunnes : and he is the second Beast , as he was exalted in his height , when his deadly wound was healed , and ●he Gothes , &c. destroyed , and the Pope rise to have great possessions of Cities and Lands : for he exercised all the power of the first Beast . Take it in what sence you will. For by his two Hornes is meant both Civill & Ecclesiasticall power ; for by the sword which the Pope doth exercise , he commands obedience to his Ecclesiasticall Decrees as verse 16.17 . He caused all both small and great , rich and poor , bond and free to receive a Marke in their right hand , or in their fore-head . And that no man might buy or sell , save he that had the Marke , or the Name of the beast , or the number of his Name . Now by the Marke of the beast in the fore-head , or right hand some thinke is meant to professe and practise the Lawes , Religion , and Decrees that are commanded ; and those that will not submit thereunto , must not buy nor sell. Now this second Beast exercising all the power of the first beast , and commanding an Image of the B●ast to be made , which Image must be something that doth resemble , 〈◊〉 like unto the beast : and if the Marke in the fore-head or right hand , signifie the profession and practice of the Lawes , Religion and Decrees of the Beast : then what is meant by the Image of the beast , that they must not buy nor sell that have not the Beasts marke ? and whether it have no relation to the silencing of Preachers , that do not subscribe their Canonicoll obedience , I desire to be resolved , and would be much ingaged to those that would take the pains to do it . For , certain it is , many pecious soules are at a stand , and know not what way to turne themselves , to see so many eminent Persons , which they dare not thinke but there is something of God in both Parties , and yet they are at such a distance in their practice and affections , and that for a small Punctilio , or as the Holy-Ghost saith , They make a man an offender for a word ; or for omission of some small matters , which they that urge them , will not say that either salvation or damnation doth depend upon the doing , or not doing of them : and yet for omission thereof , their mouthes shall be stopt from preaching ; and in some sence salvation or damnation depends upon preaching . Rom : 10.14 . How shall they believe in him , of whom they have not heard : and how shall they hear without a Preacher , &c. For preaching is the outward ordinary means that God hath ordained to worke Conversion in such as he will save : for where Vision faileth , the people perish : and by the ●●●ching of the Word also , those that are not reformed , their ●ondemnation will appear to be just . And those that do not preach , and those that hinders others from preaching , see what the Scripture saith , Ezek : 33.6 . If any man be taken away in his iniquity , for want of warning , his blood will God require at the Watchmens hands : both he that should , and doth not preach , and he that hinders others from preaching . Let no man say , I take upon me to teach , for what I do is but ( as the Apostle saith , ) 2 Pet : 3.2 . To stirre up your pure minds by way of remembrance , though ye know these things : for I heartily desire peace and unity , and that all men would remember and practice St. Paul's exhortation , Colos : 3.13 . To forbear one another , and to forgive one another : and if any man have a quarrell against any , even as Christ forgave you , so also do ye . Or else ; how 〈◊〉 any man pray the Lords Prayer ? a Heathen may say it , but no man can pray it , but such as are willing to passe by their Brethrens failings and infirmities : For if ye forgive not men their trespasses , neither will your Heavenly Father forgive your trespasses . And these Men ( we speake of ) say , that if they trespasse against Men in denying to subscribe Canonicall obdience , it is , fearing they should trespasse against God if they should do it , because they cannot do it of faith , and whatsoever is not of faith , is sin : and whether it be right in your sight , to obey Men rather than God , judge ye . A third Quaerie may be this , vizt . Whether the silencing of Godly Ministers , have not some relation to the causing of the daily Sacrifice to cease , that hath been offered up daily to God : and how do men thinke God will take it , Whose voice once shooke the Earth ; Heb : 12.26 , 27. but now he hath promised saying , Yet once mose , I shake not the Earth only , but also Heaven : and this word , yet once more , signifieth the removing of those things that are shaken , as of things that are made , [ which some thinke the things that are made , are to be understood of all Humane Inventions in Divine Worship , ] that the things that are not made , may remain : that is , those things that are of Divine Institution , shall remain : Men , nor Divells , nor all the Powers of Darkenesse shall not be able to prevaile against that which is of Divine Institution , when all Humane Inventions , in point of Divine Worship , shall be removed , according to this Promise . If any should thinke or say , that I make my selfe too busy to propound such Questions , give me leave to answer such , That I do but propound my Question to men : and yet I find Ieremiah in the 12 chap : in such an evill time as this , when God had warned the Prophet , chap : 7. verse 16. and chap 11. verse 14. That he should not pray for that people for their good , for he would not hear him for them ; yet even then did Ieremiah ( chap : 12. verse 1. ) propound a question to God : Wherefore doth the way of the wicked prosper ? wherefore are all they happy that deal treacherously ? meaning that they were happy as to their outward estate in the world . For ( saith he ) thou hast planted them , and they have taken root , and grow : thou art near their mouth , and farr from their reins . Then God answers Ieremiah , ver : 6. Even thy brethren , and the house of thy Father , they have dealt treacherously with thee ; they have called a multitude after thee : and verse 10. Many Pastours have destroyed my Vineyard , they have troden down my portion under foot : they have made my pleasant portion a desolate wildernesse : and being desolate it mou●●●th to me . and verses 13 , 14. They have sowen wheat , but shall reap thornes : For thus saith the Lord against all mine evill neighbors , that touch mine Inheritance , which I have caused my people Israell to inherit , Behold I will pluck them out of their Land , and no marvell if God pluck them out , when they had pluct God's people out first : for he that toucheth them , toucheth , the Apple of his eye . I am loath to trouble the Reader with too much , untill I see how this will be accepted : and now all those that love our Lord Jesus Christ in sincerity , I commend you to God , and to the word of his Grace , which is able to build you up , and to give you an inheritance among them that are sanctified . By George Pressicke . FINIS . 
A70591	----	The doctrine and discipline of divorce restor'd to the good of both sexes from the bondage of canon law and other mistakes to Christian freedom, guided by the rule of charity : wherein also many places of Scripture have recover'd their long-lost meaning : seasonable to be now thought on in the reformation intended. Milton, John, 1608-1674. This text is an enriched version of the TCP digital transcription A70591 of text R12932 in the English Short Title Catalog (Wing M2108). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 128 KB of XML-encoded text transcribed from 27 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A70591 Wing M2108 ESTC R12932 12254727 ocm 12254727 57332-01 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A70591) Transcribed from: (Early English Books Online ; image set 57332-01) Images scanned from microfilm: (Early English books, 1641-1700 ; 155:8, 239:E62, no 17) The doctrine and discipline of divorce restor'd to the good of both sexes from the bondage of canon law and other mistakes to Christian freedom, guided by the rule of charity : wherein also many places of Scripture have recover'd their long-lost meaning : seasonable to be now thought on in the reformation intended. Milton, John, 1608-1674. [2], 48, [2] p. Printed by T.P. and M.S. ..., London : 1643. Written by John Milton. Cf. BLC. First ed. Cf. Wing. Errata on p. [1-2] at end. Reproduction of original in Huntington Library and Thomason Collection, British Library. eng Divorce -- Early works to 1800. Marriage law -- Early works to 1800. A70591 R12932 (Wing M2108). civilwar no The doctrine and discipline of divorce: restor'd to the good of both sexes, from the bondage of canon law, and other mistakes, to Christian Milton, John 1643 24760 13 0 0 0 0 0 5 B The rate of 5 defects per 10,000 words puts this text in the B category of texts with fewer than 10 defects per 10,000 words. 2003-12 TCP Assigned for keying and markup 2004-01 Apex CoVantage Keyed and coded from ProQuest page images 2004-02 Judith Siefring Sampled and proofread 2004-02 Judith Siefring Text and markup reviewed and edited 2004-04 pfs Batch review (QC) and XML conversion THE DOCTRINE AND DISCIPLINE OF DIVORCE : RESTOR'D TO THE GOOD OF BOTH SEXES , From the bondage of Canon Law , and other mistakes , to Christian freedom , guided by the Rule of Charity . Wherein also many places of Scripture , have recover'd their long-lost meaning . Seasonable to be now thought on in the Reformation intended . MATTH. 13. 52. Every Scribe instructed to the Kingdome of Heav'n , is like the Maister of a house which bringeth out of his treasurie things old and new . LONDON , Printed by T. P. and M. S. In Goldsmiths Alley . 1643. THE DOCTRINE AND DISCIPLINE OF DIVORCE ; RESTOR'D TO THE GOOD OF BOTH SEXES . MAny men , whether it be their fate , or fond opinion , easily perswade themselves , if GOD would but be pleas'd a while to withdraw his just punishments from us , and to restraine what power either the devill , or any earthly enemy hath to worke us woe , that then mans nature would find immediate rest and releasement from all evils . But verily they who think so , if they be such as have a minde large ●nough to take into their thoughts a generall survey of humane things , would soone prove themselves in that opinion farre deceiv'd . For though it were granted us by divine indulgence to be exempt from all that can be harmfull to us from without , yet the perversnesse of our folly is so bent , that we should never lin hammering out of our owne hearts , as it were out of a flint , the seeds and sparkles of new miseries to our selves , till all were in a blaze againe . And no marvell if out of our own hearts , for they are evill ; but ev'n out of those things which God meant us , either for a principall good , or a pure contentment , we are still hatching and contriving upon our selves matter of continuall sorrow and perplexitie . What greater good to man then that revealed rule , whereby God vouchsafes to shew us how he would be worshipt ? and yet that not rightly understood , became the cause that once a famous man in Israel could not but oblige his conscience to be the sacrificer , or if not , the jayler of his innocent and onely daughter . And was the cause oft-times that Armies of valiant men have given up their throats to a heathenish enemy on the Sabbath day : fondly thinking their defensive resistance to be as then a work unlawfull . What thing more instituted to the solace and delight of man then marriage , and yet the mis-interpreting of some Scripture directed mainly against the abusers of the Law for divorce giv'n them by Moses , hath chang'd the blessing of matrimony not seldome into a familiar and co-inhabiting mischiefe ; at least into a drooping and disconsolate houshold captivitie , without refuge or redemption . So ungovern'd and so wild a race doth superstition run us from one extreme of abused libertie into the other of unmercifull restraint . For although God in the first ordaining of marriage , taught us to what end he did it , in words expresly implying the apt and cheerfull conversation of man with woman , to comfort and refresh him against the evill of solitary life , not mentioning the purpose of generation till afterwards , as being but a secondary end in dignity , though not in necessitie ; yet now , if any two be but once handed in the Church , and have tasted in any sort of the nuptiall bed , let them finde themselves never so mistak'n in their dispositions through any error , concealment , or misadventure , that through their different tempers , thoughts , and constitutions , they can neither be to one another a remedy against lonelines , nor live in any union or contentment all their dayes , yet they shall , so they be but found suitably weapon'd to the lest possibilitie of sensuall enjoyment , bemade , spight of antipathy to fadge together , and combine as they may to their unspeakable wearisomnes & despaire of all sociable delight in the ordinance which God establisht to that very end . What a calamitie is this , and as the Wise-man , if he were alive , would sigh out in his own phrase , what a sore evill is this under the Sunne ! All which we can referre justly to no other author then the Canon Law and her adherents , not consulting with charitie , the interpreter and guide of our faith , but resting in the meere element of the Text ; doubtles by the policy of the devill to make that gracious ordinance become unsupportable , that what with men not daring to venture upon wedlock , and what with men wearied out of it , all inordinate licence might abound . It was for many ages that mariage lay in disgrace with most of the ancient Doctors , as a work of the flesh , almost a defilement , wholly deny'd to Priests , and the second time disswaded to all , as he that reads Tertullian or Ierom may see at large . Afterwards it was thought so Sacramentall , that no adultery could dissolve it ; yet there remains a burden on it as heavy as the other two were disgracefull or superstitious , and of as much iniquirie , crossing a Law not onely writt'n by Moses , but character'd in us by nature , of more antiquitie and deeper ground then mariage it selfe ; which Law is to force nothing against the faultles proprieties of nature : yet that this may be colourably done , our Saviours words touching divorce , are as it were congeal'd into a stony rigor , inconsistent both with his doctrine and his office , and that which he preacht onely to the conscience , is by canonicall tyranny snatcht into the compulsive censure of a judiciall Court ; where Laws are impos'd even against the venerable & secret power of natures impression , to love what ever cause be found to loath . Which is a hainous barbarisme both against the honour of mariage , the dignitie of man and his soule , the goodnes of Christianitie , and all the humane respects of civilitie . Notwithstanding that some the wisest and gravest among the Christian Emperours , who had about them , to consult with , those of the fathers then living , who for their learning & holines of life are still with us in great renown , have made their statutes & edicts concerning this debate , far more easie and relenting in many necessary cases , wherein the Canon is inflexible . And Hugo Grotius , a man of these times , one of the best learned , seems not obscurely to adhere in his perswasion to the equitie of those imperiall decrees , in his notes upon the Evangelists , much allaying the outward roughnesse of the Text , which hath for the most part been too immoderately expounded ; and excites the diligence of others to enquire further into this question , as containing many points which have not yet been explain'd . By which , and by mine owne apprehension of what publick duty each man owes , I conceive my selfe exhorted among the rest to communicate such thoughts as I have , and offer them now in this generall 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 unspirituall Courts have spun their utmost date in this Land ; and some better course must now be constituted . He therefore that by adventuring shall be so happy as with successe to ease & set free the minds of ingenuous and apprehensive men from this needlesse thraldome , he that can prove it lawfull and just to claime the performance of a fit and matchable conversation , no lesse essentiall to the prime scope of marriage then the gift of bodily conjunction , or els to have an equall plea of divorce as well as for that corporall deficiency ; he that can but lend us the clue that windes out this labyrinth of servitude to such a reasonable and expedient liberty as this , deserves to be reck ▪ n'd among the publick benefactors of civill and humane life ; above the inventors of wine and oyle ; for this is a far dearer , far nobler , and more desirable cherishing to mans life , unworthily expos'd to sadnes and mistake , which he shall vindicate , Not that licence and levity and unconsented breach of faith should herein be countenanc't , but that some conscionable , and tender pitty might be had of those who have unwarily in a thing they never practiz'd before , made themselves the bondmen of a luckles and helples matrimony . In which Argument he whose courage can serve him to give the first onset , must look for two severall 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 grosse and vulgar apprehensions conceit but low of matrimoniall purposes , and in the work of male and female think they have all . Neverthelesse , it shall be here sought by due wayes to be made appeare , that those words of God in the institution , promising a meet help against lonelines ; and those words of Christ , That his yoke is easie and his burden light , were not spoken in vaine ; for if the knot of marriage may in no case be dissolv'd but for adultery , all the burd'ns and services of the Law are not so intolerable . This onely is desir'd of them who are minded to judge hardly of thus maintaining , that they would be still and heare all out , nor think it equall to answer deliberate reason with sudden heat and noise ; remembring 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 possest ; and had the fate at first to be generally exploded and exclaim'd on by many violent opposers ; yet I may erre perhaps in soothing my selfe that this present truth reviv'd , will deserve to be not ungently receiv'd on all hands ; in that it undertakes the cure of an inveterate disease crept into the best part of humane societie : and to doe this with no smarting corrosive , but with a smooth and pleasing lesson , which receiv'd hath the vertue to soften and dispell rooted and knotty sorrowes ; and without enchantment or spel us'd hath regard at once both to serious pitty , and upright honesty ; that tends to the redeeming and restoring of none but such as are the object of compassion ; having in an ill houre hamper'd themselves to the utter dispatch of all their most beloved comforts & repose for this lives term . But if wee shall obstinately dislike this new overture of unexpected ease and recovery , what remains but to deplore the frowardnes of our hopeles condition , which neither can endure the estate we are in , nor admit of remedy either sharp or sweet . Sharp we our selves distast ; and sweet , under whose hands we are , is scrupl'd and suspected as too lushious . In such a posture Christ found the Iews , who were neither won with the austerity of Iohn the Baptist , and thought it too much licence to follow freely the charming pipe of him who sounded and proclaim'd liberty and reliefe to all distresses : yet Truth in some age or other will find her witnes , and shall be justify'd at last by her own children . To remove therefore if it be possible , this great and sad oppression which through the strictnes of a literall interpreting hath invaded and disturb'd the dearest and most peaceable estate of houshold society , to the over-burdning , if not the over-whelming of many Christians better worth then to be so deserted of the Churches 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 , unfitnes , or contrariety of mind , arising from a cause in nature unchangable , hindring and ever likely to hinder the main benefits of conjugall society , which are solace and peace , is a greater reason of divorce then naturall frigidity , especially if there be no children , and that there be mutuall consent . For all sense and reason and equity reclaimes that any Law or Cov'nant how solemn or strait soever , either between God and man , or man and man , though of Gods joyning , should bind against a prime and principall scope of its own institution , and of both or either party cov'nanting : neither can it be of force to ingage a blameles creature to his own perpetuall sorrow , mistak'n for his expected solace , without suffering charity to step in and doe a confest good work of parting those whom nothing holds together , but this of Gods joyning , falsly suppos'd against the expresse end of his own ordinance . And what his chiefe end was of creating woman to be joynd with man , his own instituting words declare , and are infallible to informe us what is mariage , and what is no mariage ; unlesse 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 , lesse cannot be concluded , nor is by any learned Interpreter , then that in Gods intention a meet and happy conversation is the chiefest and the noblest end of mariage ; for we find here no expression so necessarily implying carnall knowledg , as this prevention of lonelinesse to the mind and spirit of man . And indeed it is a greater blessing from God , more worthy so excellent a creatrue as man is , and a higher end to honour and sanctifie the league of mariage , whenas the solace and satisfaction of the minde is regarded and provided for before the sensitive pleasing of the body . And with all generous persons maried thus it is , that where the minde and person pleases aptly , there some unaccomplishment of the bodies delight may be better born with , then when the minde hangs off in an unclosing disproportion , though the body be as it ought ; for there all corporall delight will soon become unsavoury and contemptible . And the solitarines of man , which God had namely and principally orderd to prevent by mariage , hath no remedy , but lies under a worse condition then the loneliest single life ; for in single life the absence and remotenes of a helper might inure him to expect his own comforts out of himselfe , or to seek with hope ; but here the continuall sight of his deluded thoughts without cure , must needs be to him , if especially his complexion incline him to melancholy , a daily trouble and paine of losse in some degree like that which Reprobates feel . Lest therefore so noble a creature as man should be shut up incurably under a worse evill by an easie mistake in that ordinance which God gave him to remedy a lesse evill , reaping to himselfe sorrow while he went to rid away solitarines , it cannot avoyd to be concluded , that if the woman be naturally so of disposition , as will not help to remove , but help to encrease that same God-forbidd'n lonelines which will in time draw on with it a generall discomfort and dejection of minde , not beseeming either Christian profession or morall conversation , unprofitable and dangerous to the Common-wealth , when the houshold estate , out of which must flourish forth the vigor and spirit of all publick enterprizes , is so ill contented and procur'd at home , and cannot be supported ; such a mariage can be no mariage whereto the most honest end is wanting : and the agrieved person shall doe more manly , to be extraordinary and singular in claiming the due right whereof he is frustrated , then to piece up his lost contentment by visiting the Stews , or stepping to his neighbours bed , which is the cōmon shift in this mis-fortune , or els by suffering his usefull life to wast away and be lost under a secret affliction of an unconscionable size to humane strength . How vain therefore is it , and how preposterous in the Canon Law to have made such carefull provision against the impediment of carnall performance , and to have had no care about the unconversing inability of minde , so defective to the purest and most sacred end of matrimony : and that the vessell of voluptuous enjoyment must be made good to him that has tak'n it upon trust without any caution , when as the minde from whence must flow the acts of peace and love , a far more precious mixture then the quintessence of an excrement , though it be found never so deficient and unable to performe the best duty of mariage in a cheerfull and agreeable conversation , shall be thought good anough , how ever flat & melancholious it be , and must serve though to the eternall disturbance and languishing of him that complains him . Yet wisdom and charity waighing Gods own institution , would think that the pining of a sad spirit wedded to lonelines should deserve to be free'd , aswell as the impatience of a sensuall desire so providently reliev'd . T is read to us in the Liturgy , that wee must not marry to satisfie the fleshly appetite , like brute beasts that have no understanding : but the Canon so runs , as if it dreamt of no other matter then such an appetite to be satisfy'd ; for if it happen that nature hath stopt or extinguisht the veins of sensuality , that mariage is annull'd . But though all the faculties of the understanding and conversing part after triall appeare to be so ill and so aversly met through natures unalterable working , as that neither peace , nor any sociable contentment can follow , t is as nothing , the contract shall stand as firme as ever , betide what will . What is this but secretly to instruct us , that however many grave reasons are pretended to the maried life , yet that nothing indeed is thought worth regard therein , but the prescrib'd satisfaction of an irrationall heat ; which cannot be but ignominious to the state of mariage , dishonourable to the undervalu'd soule of man , and even to Christian doctrine it self . While it seems more mov'd at the disappointing of an impetuous nerve , then at the ingenuous grievance of a minde unreasonably yoakt ; and to place more of mariage in the channell of concupiscence , then in the pure influence of peace and love , whereof the souls lawfull contentment is the onely fountain . But some are ready to object , that the disposition ought seriously to be consider'd before . But let them know again , that for all the warinesse can be us'd , it may yet befall a discreet man to be mistak'n in his choice : the soberest and best govern'd men are lest practiz'd in these affairs ; and who knows not that the bashfull mutenes of a virgin may oft-times hide all the unlivelines & naturall sloth which is really unfit for conversation ; nor is there that freedom of accesse granted or presum'd , as may suffice to a perfect discerning till too late : and where any indisposition is suspected , what more usuall then the perswasion of friends , that acquaintance , as it encreases , will amend all . And lastly , it is not strange though many who have spent their youth chastly , are in some things not so quick-sighted , while they hast too eagerly to light the nuptiall torch ; nor is it therfore that for a modest error a man should forfeit so great a happines , and no charitable means to release him . Since they who have liv'd most loosely by reason of their bold accustoming , prove most succesfull in their matches , because their wild affections unsetling at will , have been as so many divorces to teach them experience . When as the sober man honouring the appearance of modestie , and hoping well of every sociall vertue under that veile , may easily chance to meet , if not with a body impenetrable , yet often with a minde to all other due conversation inaccessible , and to all the more estimable and superior purposes of matrimony uselesse and almost liveles : and what a solace , what a fit help such a consort would be through the whole life of a man , is lesse paine to conjecture then to have experience . And that we may further see what a violent and cruell thing it is to force the continuing of those together , whom God and nature in the gentlest end of mariage never joyn'd , divers evils and extremities that follow upon such a compulsion shall here be set in view . Of evils the first and greatest is that hereby a most absurd and rash imputation is fixt upon God and his holy Laws , of conniving and dispencing with open & common adultery among his chosen people ; a thing which the rankest politician would think it shame and disworship , that his Laws should countenance ; how and in what manner this comes to passe , I shall reserve , till the course of method brings on the unfolding of many Scriptures . Next the Law and Gospel are hereby made liable to more then one contradiction , which I referre also thither . Lastly , the supreme dictate of charitie is hereby many wayes neglected and violated . Which I shall forthwith addresse to prove . First we know St Paul saith , It is better to marry then to burne . Mariage therefore was giv'n as a remedy of that trouble : but what might this burning mean ? Certainly not the meer motion of carnall lust , not the meer goad of a sensitive desire ; God does not principally take care for such cattell . What is it then but that desire which God put into Adam in Paradise before he knew the sin of incontinence ; that desire which God saw it was not good that man should be left alone to burn in ; the desire and longing to put off an unkindly solitarines by uniting another body , but not without a fit soule to his in the cheerfull society of wedlock . Which if it were so needfull before the fall , when man was much more perfect in himself , how much more is it needfull now against all the sorrows and casualties of this life to have an intimate and speaking help , a ready and reviving associate in marriage : whereof who misses by chancing on a mute and spiritles mate , remains more alone then before , and in a burning lesse to be contain'd then that which is fleshly and more to be consider'd ; as being more deeply rooted even in the faultles innocence of nature . As for that other burning , which is but as it were the venom of a lusty and overabounding concoction , strict life and labour with the abatement of a full diet may keep that low and obedient anough : but this pure and more inbred desire of joyning to it self in conjugall fellowship a fit conversing soul ( which desire is properly call'd love ) is stronger then death , as the Spouse of Christ thought , many waters cannot quench it , neither can the flouds drown it . This is that rationall burning that mariage is to remedy , not to be allay'd with fasting , nor with any penance to be subdu'd , which how can he asswage who by mis-hap hath met the unmeetest and most unsutable mind ? Who hath the power to struggle with an intelligible flame , not in Paradise to be resisted , become now more ardent , by being fail'd of what in reason it lookt for ; and even then most unquencht , when the importunity of a provender burning is well anough appeas'd ; and yet the soul hath obtain'd nothing of what it justly desires . Certainly such a one forbidd'n to divorce , is in effect forbidd'n to marry , and compell'd to greater difficulties then in a single life ; for if there be not a more human burning which mariage must satisfy , or els may be dissolv'd , then that of copulation , mariage cannot be honorable for the meer reducing and terminating of lust between two ; seeing many beasts in voluntary and chosen couples live together as unadulterously , and are as truly maried in that respect . But all ingenuous men will see that the dignity & blessing of mariage is plac't rather in the mutual enjoyment of that which the wanting soul needfully seeks , then of that which the plenteous body would jollily give away . Hence it is that Plato in his festivall discours brings in Socrates relating what he fain'd to have learnt from the Prophetesse Diotima , how Love was the Sonne of Penury , begot of Plenty in the garden of Iupiter . Which divinely sorts with that which in effect Moses tells us ; that Love was the Son of Lonelines , begot in Paradise by that sociable & helpfull aptitude which God implanted between man and woman toward each other . The same also is that burnining mention'd by St. Paul , whereof marriage ought to be the remedy ; the flesh hath other naturall and easie curbes which are in the power of any temperate man When therfore this originall and sinles Penury or Lonelines of the soul cannot lay it self down by the side of such a meet & acceptable union as God ordain'd in mariage , at least in some proportion , it cannot conceive and bring forth Love , but remains utterly unmaried under a formall wedlock , and still burnes in the proper meaning of St. Paul . Then enters Hate , not that Hate that sins , but that which onely is naturall dissatisfaction and the turning aside from a mistaken object : if that mistake have done injury , it fails not to dismisse with recompence , for to retain still , and not be able to love , is to heap more injury . Thence that wise and pious Law of dismission , Deut. 24. 1. took beginning ; of which anon : He therfore who lacking of his due in the most native and humane end of mariage , thinks it better to part then to live sadly and injuriously to that cherfull covnant ( for not to be belov'd & yet retain'd , is the greatest injury to a gentle spirit ) he I say who therfore seeks to part , is one who highly honours the maried life , and would not stain it : and the reasons which now move him to divorce , are equall to the best of those that could first warrant him to marry ; for , as was plainly shewn , both the hate which now diverts him and the lonelines which leads him still powerfully to seek a fit help , hath not the least grain of a sin in it , if he be worthy to understand himself . Thirdly , Yet it is next to be feard , if he must be still bound without reason by a deafe rigor , that when he perceives the just expectance of his mind defeated , he will begin even against Law to cast about where he may find his satisfaction more compleat , unlesse he be a thing heroically vertuous , and that are not the common lump of men for whom chiefly the Laws ought to be made , though not to then sins yet to their unsirming weaknesses , it being above their strength to endure the lonely estate , which while they shun'd , they are fal'n into . And yet there follows upon this a worse temptation ; for if he be such as hath spent his youth unblamably , and layd up his chiefest earthly comforts in the enjoyment of a contented mariage , nor did neglect that furderance which was to be obtain'd herein by constant prayers , when he shall find himselfe bound fast to an uncomplying discord of nature , or , as it oft happens , to an image of earth and fleam , with whom he lookt to be the copartner of a sweet and gladsome society , and sees withall that his bondage is now inevitable , though he be almost the strongest Christian , he will be ready to dispair in vertue , and mutin against divine providence : and this doubtles is the reason of those lapses and that melancholy despair which we see in many wedded persons , though they understand it not , or pretend other causes , because they know no remedy , and is of extreme danger ; therefore when human frailty surcharg'd , is at such a losse , charity ought to venture much , and use bold physick , lest an over-tost faith endanger to shipwrack . Fourthly Mariage is a covnant the very beeing whereof consists , not in a forc't cohabitation , and counterfeit performance of duties , but in unfained love and peace . Thence saith Salomon in Ecclesiastes , Live joyfully with the wife whom thou lovest , all thy dayes , for that is thy portion How then , where we find it impossible to rejoyce or to love , can we obay this precept ? how miserably doe we defraud our selves of that comfortable portion which God gives us , by striving vainly to glue an error together which God and nature will not joyne , adding but more vexation and violence to that blisfull society by one importunate superstition , that will not heark'n to St. Paul , 1 Cor. 7. who speaking of mariage and divorce , determines plain anough in generall that God therein hath call'd us to peace : and not to bondage . Yea God himself commands in his Law more then once , and by his Prophet Malachy , as Calvin and the best translations read , that he who hates let him divorce ; that is , he who cannot love , or delight . I cannot therefore be so diffident , as not securely to conclude , that he who can receive nothing of the most important helps in mariage , beeing thereby disinabl'd to return that duty which is his , with a clear and hearty countnance ; and thus continues to grieve whom he would not , and is no lesse griev'd , that man ought even for loves sake and peace to move divorce upon good and liberall conditions to the divorc't . And it is a lesse breach of wedlock to part with wise and quiet consent betimes , then still to soile and profane that mystery of joy and union with a polluting sadnes and perpetuall distemper ; for it is not the outward continuing of marriage that keeps whole that covnant , but whosoever does most according to peace and love , whether in mariage , or in divorce , he it is that breaks mariage lest ; it being so often written , that Love onely is the fulfilling of every Commandment . Fifthly , As those Priests of old were not to be long in sorrow , or if they were , they could not rightly execute their function ; so every true Christian in a higher order of Priesthood is a person dedicate to joy and peace , offering himselfe a lively sacrifice of praise and thanksgiving , & there is no Christian duty that is not to be season'd and set off with cherfulnes ; which in a thousand outward and intermitting crosses may yet be done well , as in this vale of teares , but in such a bosom affliction as this , which grindes the very foundations of his inmost nature , when he shall be forc't to love against a possibility , and to use dissimulation against his soul in the perpetuall and ceaseles duties of a husband , doubtles his whole duty of serving God must needs be blurr'd and tainted with a sad unpreparednesse and dejection of spirit , wherein God has no delight . Who sees not therfore how much more Christianly it would be to break by divorce that which is more brok'n by undue and forcible keeping , rather then to cover the Altar of the Lord with continuall teares , so that he regardeth not the offring any more , rather then that the whole worship of a Christian mans life should languish and fade away beneath the waight of an immeasurable grief and discouragement . And because some think the childer'n of a second matrimony succeeding a divorce would not be a holy seed , why should we not think them more holy then the offspring of a former ill-twisted wedlock , begott'n only out of a bestiall necessitie without any true love or contentment , or joy to their parents , so that in some sense we may call them the childern of wrath and anguish , which will as little conduce to their sanctifying , as if they had been bastards ; for nothing more then disturbance of minde suspends us from approaching to God . Such a disturbance especially as both assaults our faith and trust in Gods providence , and ends , if there be not a miracle of vertue on either side , not onely in bitternes and wrath , the canker of devotion , but in a desperate and vitious carelesnes ; when he sees himself without fault of his train'd by a deceitfull bait into a snare of misery , betrai'd by an alluring ordinance , and then made the thrall of heavines & discomfort by an undivorcing Law of God , as he erroneously thinks , but of mans iniquitie , as the truth is ; for that God preferres the free and cherfull worship of a Christian , before the grievous and exacted observance of an unhappy mariage , besides that the generall maxims of Religion assure us , will be more manifest by drawing a paralel argument from the ground of divorcing an Idolatresse , which was , left she should alienate his heart from the true worship of God : and what difference is there whether she pervert him to superstition by enticing sorcery , or disinable him in the whole service of God through the disturbance of her unhelpful and unfit society , and so drive him at last through murmuring and despair to thoughts of Atheism : neither doth it lessen the cause of separating , in that the one willingly allures him from the faith , the other perhaps unwillingly drives him ; for in the account of God it comes all to one that the wife looses him a servant ; and therefore by all the united force of the Decalogue she ought to be disbanded , unlesse we must set mariage above God and charitie , which is a doctrine of devils no lesse then forbidding to marry . And here by the way to illustrate the whole question of divorce , ere this treatise end , I shall not be loath to spend a few lines in hope to give a full resolv of that which is yet so much controverted , whether an Idolatrous heretick ought to be divorc't . To the resolving whereof we must first know that the Iews were commanded to divorce an unbeleeving Gentile for two causes : first , because all other Nations especially the Canaanites were to them unclean . Secondly , to avoid seducement . That other Nations were to the Iews impure , even to the separating of mariage , will appear out of Exod. 34. 16. Deut. 7. 3. 6. compar'd with Ezra 9. 2. also chap. 10. 10 , 11. Nehem. 13. 30. This was the ground of that doubt rais'd among the Corinthians by some of the Circumcision ; Whether an unbeleever wer not still to be counted an unclean thing , so as that they ought to divorce from such a person . This doubt of theirs St. Paul removes by an Evangelicall reason , having respect to that vision of St. Peter , wherein the distinction of clean and unclean beeing abolisht , all living creatures were sanctify'd to a pure and christian use , and mankind especially , now invited by a generall call to the covnant of grace . Therefore saith St. Paul , The unbeleeving wife is sanctify'd by the husband ; that is , made pure and lawfull to his use ; so that he need not put her away for fear lest her unbelief should defile him ; but that if he found her love stil towards him , he might rather hope to win her . The second reason of that divorce was to avoid seducement , as is prov'd by comparing those places of the Law , to that which Ezra and Nehemiah did by divine warrant in compelling the Iews to forgoe their wives . And this reason is morall and perpetuall in the rule of Christian faith without evasion . Therefore saith the Apostle 2 Cor. 6. Mis-yoke not together with Infidels , which is interpreted of mariage in the first place . And although the former legall pollution be now don off , yet there is a spirituall contagion in Idolatry as much to be shunn'd ; and though seducement were not to be fear'd , yet where there is no hope of converting , there alwayes ought to be a certain religious aversation and abhorring , which can no way sort with mariage . Therefore saith St. Paul , What fellowship hath righteousnesse with unrighteousnesse ? what communion hath light with darknesse ? what concord hath Christ with Beliall ? what part hath he that beleeveth with an Infidell ? And in the next verse but one , he moralizes and makes us liable to that command of Isaiah Wherfore come out from among them , and be ye separate saith the Lord , touch not the unclean thing , and I will receive ye . And this command thus Gospelliz'd to us , hath the same force with that whereon Ezra grounded the pious necessitie of divorcing . Upon these principles I answer , that a right beleever ought to divorce an idolatrous heretick unlesse upon better hopes : however that it is in the beleevers choice to divorce or not . The former part will be manifest thus ; first , an apostate idolater whether husband or wife seducing was to die by the decree of God , Deut. 13. 6. 9. that mariage therefore God himself dis-joyns ; for others born idolaters the morall reason of their dangerous keeping and the incommunicable antagony that is between Christ and Belial , will be sufficient to enforce the commandment of those two inspir'd reformers , Ezra and Nehemiah , to put an Idolater away as well under the Gospel . The latter part , that although there be no seducement fear'd , yet if there be no hope giv'n , the divorce is lawfull , will appear by this , that idolatrous mariage is still hatefull to God , therefore still it may be divorc't by the pattern of that warrant that Ezra had ; and by the same everlasting reasō : neither can any man give an account wherfore , if those whom God joyns , no man may separate , it should not follow , that , whom he ioyns not , but hates to joyn , those man ought to separate : but saith the Lawyer , that which ought not have been don , once don availes . I answer , this is but a crochet of the law , but that brought against it , is plain Scripture . As for what Christ spake concerning divorce , t is confest by all knowing men , he meant onely between them of the same faith . But what shall we say then to St. Paul , who seems to bid us not divorce an Infidell willing to stay ? We may safely say thus ; that wrong collections have been hitherto made out of those words by modern Divines . His drift , as was heard before , is plain : not to command our stay in mariage with an Infidel , that had been a flat renouncing of the religious and morall law ; but to inform the Corinthians that the body of an unbeleever was not defiling , if his desire to live in Christian wedlock shewd any likelihood that his heart was opening to the faith : and therefore advices to forbear departure so long , till nothing have bin neglected to set forward a conversion : this I say he advises , and that with certain cautions ; not commands : If we can take up so much credit for him , as to get him beleev'd upon his own word ; for what is this els but his counsell in a thing indifferent , to the rest speak I , not the Lord ; for though it be true that the Lord never spake it , yet from St. Pauls mouth wee should have took it as a command , had not himself forewarn'd us , and disclaim'd ; which , notwithstanding if we shall still avouch to be a command , he palpably denying it , this is not to expound St. Paul , but to out face him . Neither doth it follow , but that the Apostle may interpose his judgement in a case of Christian libertie without the guilt of adding to Gods word . How doe we know mariage or single life to be of choice , but by such like words as these , I speak this by permission , not of commandment , I have no command of the Lord , yet I give my judgement . Why shall not the like words have leave to signifie a freedom in this our present question , though Beza deny . Neither is the Scripture hereby lesse inspir'd because St. Paul confesses to have writt'n therein what he had not of command ; for we grant that the Spirit of God led him thus to expresse himself to christian prudence in a matter which God thought best to leave uncommanded . Beza therefore must be warily read when he taxes St. Austin of Blasphemy , for holding that St. Paul spake heer as of a thing indifferent : but if it must be a command , I shall yet the more evince it to be a command that we should heerin be left free : and that out of the Greek word us'd in the 12. v. which instructs us plainly there must be a joynt assent and good liking on both sides ; he that will not deprave the Text , must thus render it ; If a brother have an unbeleeving wife , and she joyn in consent to dwell with him ( which cannot utter lesse to us then a mutuall agreement ) let him not put her away for the meer surmise of Judaicall uncleannes : and the reason follows , for the body of an Infidell is not polluted , neither to benevolence , nor to procreation . Moreover , this note of mutuall complacency forbids all offer of seducement ; which to a person of zeal cannot be attempted without great offence , if therfore seducement be fear'd , this place hinders not divorce . Another caution was put in this supposed command , of not bringing the beleever into bondage heerby , which doubtles might prove extreme , if christian liberty and conscience were left to the humor of a pagan staying at pleasure to play with , or to vexe and wound with a thousand scandals and burdens above strength to bear : if therefore the conceived hope of gaining a soul come to nothing , then charity commands that the beleever be not wearied out with endles waiting under many grievances sore to his spirit ; but that respect be had rather to the present suffering of a true Christian , then the uncertain winning of an obdur'd heretick ; for this also must appertain to the precept , Let every man wherein he is call'd therein abide with God , v. 24. that is , so walking in his inferior calling of mariage , as not by dangerous subjection to that ordinance , to hinder and disturb the higher calling of his christianitie . Last , whether this be a command or an advice , we must look that it be so understood as not to contradict the least point of morall religion that God hath formerly commanded , otherwise what doe we , but set the morall Law and the Gospel at civill war together : and who then shall be able to serve those two masters ? Now whether Idolatry or adultery be the greatest violation of mariage , if any demand , let him thus consider , that among Christian Writers touching matrimony , there be three chief ends therof agreed on ; Godly society , next civill , and thirdly , that of the mariage-bed . Of these the first in name to be the highest and most excellent , no baptiz'd man can deny ; nor that Idolatry smites directly against this prime end , nor that such as the violated end is , such is the violation : but he who affirms adultery to be the highest breach , affirms the bed to be the highest of mariage , which is in truth a grosse and borish opinion , how common soever ; as farre from the countnance of Scripture , as from the light of all clean philosophy , or civill nature . And out of question the cherfull help that may be in mariage toward sanctity of life , is the purest and so the noblest end of that contract : but if the particular of each person be consider'd , then of those three ends which God appointed , that to him is greatest which is most necessary : and mariage is then most brok'n to him , when he utterly wants the fruition of that which he most sought therin , whether it were religious , civill , or corporali society . Of which wants to do him right by divorce only for the last and meanest , is a pervers injury , and the pretended reason of it as frigid as frigidity it self , which the Code and canon are only ser sible of . Thus much of this controversie . I now return to the former argument . And having shewn , that disproportion , contrariety , or numnesse of minde may justly be divorc't , by proving already that the prohibition therof opposes the expresse end of Gods institution , suffers not mariage to satisfie that intellectuall and innocent desire which God himself kindl'd in man to be the bond of wedlock , but only to remedy a sublunary and bestial burning , which frugal diet without mariage would easily chast'n . Next that it drives many to transgresse the conjugall bed , while the soule wanders after that satisfaction which it had hope to find at home , but hath mis't . Or els it sits repining even to Atheism ; finding it self hardly dealt with , but misdeeming the cause to be in Gods Law , which is in mans unrighteous ignorance . I have shew'd also how it unties the inward knot of mariage , which is peace & love ( if that can be unti'd which was never knit ) while it aimes to keep fast the outward formalitie ; how it lets perish the Christian man , to compell impossibly the maried man . The sixt place declares this prohibition to be as respectles of human nature , and therfore is not of God . He teaches that an unlawfull mariage may be lawfully divorc't . And that those who having throughly discern'd each others disposition which ofttimes cannot be till after matrimony , shall then finde a powerfull reluctance and recoile of nature on either side blasting all the content of their mutuall society , that such persons are not lawfully maried ( to use the Apostles words ) Say I these things as a man , or saith not the Law also the same ? for it is writt'n , Deut. 22. Thou shalt not sowe thy vineyard with divers seeds , lest thou defile both . Thou shalt not plow with an Oxe and an Asse together , and the like . I follow the pattern of St. Pauls reasoning ; Doth God care for Asses and Oxen , how ill they yoke together , or is it not said altogether for our sakes ? for our sakes no doubt this is writt'n . Yea the Apostle himself in the forecited 2 Cor. 6. 14. alludes from that place of Deut. to forbid mis-yoking mariage ; as by the Greek word is evident , though he instance but in one example of mis-matching with an Infidell : yet next to that , what can be a souler incongruity , a greater violence to the reverend secret of nature , then to force a mixture of minds that cannot unite , & to sowe the furrow of mans nativity with seed of two incoherent and uncombining dispositions . Surely if any noysomnes of body soon destroys the sympathy of mind to that work , much more will the antipathy of minde infuse it self into all the faculties and acts of the body , to render them invalid , unkindly , and even unholy against the fundamentall law book of nature ; which Moses never thwarts , but reverences : therfore he commands us to force nothing against sympathy or naturall order , no not upon the most abject creatures ; to shew that such an indignity cannot be offer'd to man without an impious crime . And when he forbids all unmatchable and unmingling natures to consort , doubtles by all due consequence , if they chance through misadventure to be miscoupl'd , he bids them part asunder , as persons whom God never joyn'd . Seventhly , The Canon Law and Divines consent , that if either party be found contriving against the others life , they may be sever'd by divorce ; for a sin against the life of mariage is greater then a sin against the bed : the one destroys , the other but defiles : The same may be said touching those persons who beeing of a pensive nature and cours of life , have summ'd up all their solace in that free and lightsom conversation which God & man intends in mariage : wherof when they see themselves depriv'd by meeting an unsociable consort , they ofttimes resent one anothers mistake so deeply , that long it is not ere grief end one of them . When therfore this danger is foreseen that the life is in perill by living together , what matter is it whether helples greef , or wilfull practice be the cause ? This is certain that the preservation of life is more worth then the compulsory keeping of mariage ; and it is no lesse then cruelty to force a man to remain in that state as the solace of his life , which he and his friends know will be either the undoing or the disheartning of his life . And what is life without the vigor and spiritfull exercise of life ? how can it be usefull either to private or publick employment ? shall it be therfore quite dejected , though never so valuable , and left to moulder away in heavines for the superstitious and impossible performance of an ill driv'n bargain ? nothing more inviolable then vows made to God , yet we read in Numbers , that if a wife had made such a vow , the meer will and authority of her husband might break it ; how much more may he break the error of his own bonds with an unfit and mistak'n wife , to the saving of his welfare , his life , yea his faith and vertue from the hazard of over-strong temptations ; for if man be Lord of the Sabbath , to the curing of a Fevor , can he be lesse then Lord of mariage in such important causes as these ? Eighthly , It is most sure that some ev'n of those who are not plainly defective in body , are yet destitute of all other mariagable gifts ; and consequently have not the calling to marry ; unlesse nothing be requisite therto but a meer instrumentall body ; which to affirm , is to that unanimous Covnant a reproach : yet it is as sure that many such not of their own desire , but by perswasiō of friends , or not knowing themselves do often enter into wedlock ; where finding the difference at length between the duties of a maried life , and the gifts of a single life ; what unfitnes of mind , what wearisomnes , what scruples and doubts to an incredible offence and displeasure are like to follow between , may be soon imagin'd : whom thus to shut up and immure in an unequall and mischosen match , is not a cours that christian wisdome and tendernes ought to use . As for the custom that some parents and guardians have of forcing mariages , it will be better to say nothing of such a savage inhumanity , but only this , that the Law which gives not all freedome of divorce to any creature endu'd with reason so assasinated , is next in crueltie . Ninthly , I suppose it will be allow'd us that mariage is a human society , and that all human society must proceed from the mind rather then the body , els it would be but a kind of animal or beastish meeting ; if the mind therfore cannot have that due company by mariage , that it may reasonably and humanly desire , that mariage can be no human society , but a certain formalitie , or gilding over of little better then a brutish congresse , and so in very wisdome and purenes to be dissolv'd . But mariage is more then human , the covnant of God , Pro. 2. 17. therfore man cannot dissolve it . I answer , if it be more then human so much the more it argues the chief society therof to be in the soul rather then in the body , and the greatest breach therof to be unfitnes of mind rather then defect of body ; for the body can have left affinity in a covnant more then human , so that the reason of dissolving holds good the rather . Again , I answer , that the Sabbath is a higher institution , a command of the first Table , for the breach wherof God hath far more and oftner testify'd his anger then for divorces , which from Moses till after the captivity he never took displeasure at , nor then neither , if we mark the Text , and yet as oft as the good of man is cōcern'd , he not only permits , but commands to break the Sabbath ▪ What covnant more contracted with God , & lesse in mans power then the vow which hath once past his lips ? yet if it be found rash , if offensive , if unfruitfull either to Gods glory or the good of man , our doctrin forces not error and unwillingnes irksomly to keep it , but counsels wisdom and better thoughts boldly to break it ; therfore to injoyn the indissoluble keeping of a mariage found unfit against the good of man both soul and body , as hath been evidenc't , is to make an Idol , of mariage , to advance it above the worship of God and the good of man , to make it a transcendent command , above both the second and the first Table , which is a most prodigious doctrine . Next , Wheras they cite out of the Proverbs , that it is the covnant of God , and therfore more then human , that consequence is manifestly false ; for so the covnant which Zedeckiah made with the infidell King of Babel is call'd the covnant of God , Ezech. 17. 19. which would be strange to hear counted more then a human covnant . So every covnant between man and man , bound by oath , may be call'd the covnant of God , because God therin is attested . So of mariage he is the author and the witnes ; yet hence will not follow any divine astriction more then what is subordinate to the glory of God and the main good of either party ; for as the glory of God & their esteemed fitnes one for the other , was the motive which led them both at first to think without other revelation that God had joyn'd them together : So when it shall be found by their apparent unfitnes , that their continuing to be man and wife is against the glory of God and their mutuall happines , it may assure them that God never joyn'd them ; who hath revel'd his gratious will not to set the ordinance above the man for whom it was ordain'd : not to canonize mariage either as a tyrannesse or a goddesse over the enfranchiz'd life and soul of man ; for wherin can God delight , wherin be worshipt , wherin be glorify'd by the forcible continuing of an improper and ill-yoking couple ; He that lov'd not to see the disparity of severall cattell at the plow , cannot be pleas'd with any vast unmeetnes in mariage . Where can be the peace and love which must invite God to such a house , may it not be fear'd that the not divorcing of such a helples disagreement , will be the divorcing of God finally from such a place ? But it is a triall of our patience they say : I grant it : but which of Iobs afflictions were sent him with that law , that he might not use means to remove any of them if he could . And what if it subvert our patience and our faith too ? Who shall answer for the perishing of all those souls perishing by stubborn expositions of particular and inferior precepts , against the general and supreme rule of charitie ? They dare not affirm that mariage is either a Sacrament , or a mystery , though all those sacred things give place to man , and yet they invest it with such an awfull sanctity , and give it such adamantine chains to bind with , as if it were to be worshipt like some Indian deity , when it can conferre no blessing upon us , but works more and more to our misery . To such teachers the saying of St. Peter at the Councell of Ierusalem will do well to be apply'd : Why tempt ye God to put a yoke upon the necks of Christian men , which neither the Iews , Gods ancient people , nor we are able to bear : and nothing but unwary expounding hath brought upon us . To these considerations this also may be added as no improbable conjecture ; seeing that sort of men who follow Anabaptism , Famelism ; Antinomianism , and other fanatick dreams , be such most commonly as are by nature addicted to a zeal of Religion , of life also not debausht , and that their opinions having full swinge , do end in satisfaction of the flesh , it may come with reason into the thoughts of a wise man , whether all this proceed not partly , if not cheefly , from the restraint of some lawfull liberty , which ought to be giv'n men , and is deny'd them . As by Physick we learn in menstruous bodies , where natures current hath been stopt , that the suffocation and upward forcing of some lower part , affects the head and inward sense with dotage and idle fancies . And on the other hand , whether the rest of vulgar men not so religiously professing , doe not give themselves much the more to whordom and adulteries ; loving the corrupt and venial discipline of clergy Courts , but hating to hear of perfect reformation : when as they foresee that then fornication shall be austerely censut'd , adultery punisht , and mariage the appointed refuge of nature , though it hap to be never so incongruous & displeasing , must yet of force be worn out , when it can be to no other purpose but of strife and hatred , a thing odious to God . This may be worth the study of skilful men in Theology , & the reason of things : and lastly to examin whether some undue and ill grounded strictnes upon the blameles nature of man be not the cause in those places where already reformation is , that the discipline of the Church so often and so unavoidably brok'n , is brought into contempt and derision . And if it be thus , let those who are still bent to hold this obstinate literality , so prepare themselves as to share in the account for all these transgressions ; when it shall be demanded at the last day by one who will scanne and sift things with more then a literal wisdom of enquiry ; for if these reasons be duely ponder'd , and that the Gospel is more jealous of laying on excessive burdens then ever the Law was , lest the soul of a Christian which is inestimable , should be over-tempted and cast away , considering also that many properties of nature , which the power of regeneration it self never alters , may cause dislike of conversing even between the most sanctify'd , which continually grating in harsh tune together may breed some jarre and discord , and that end in rancor and strife , a thing so opposite both to mariage and to Christianitie , it would perhaps be lesse scandal to divorce a natural disparity , then to link violently together an unchristian dissention , committing two ensnared souls inevitably to kindle one another , not with the fire of love , but with a hatred inconcileable , who were they disseverd would be straight friends in any other relation . But if an alphabetical servility must be still urg'd , it may so fall out , that the true Church may unwittingly use as much cruelty in forbidding to divorce , as the Church of Antichrist doth wilfully in forbidding to marry . But what are all these reasonings worth , will some reply , when as the words of Christ are plainly against all divorce , except in case of fornication ; let such remember as a thing not to be deny'd , that all places of Scripture wherin just reason of doubt arises from the letter , are to be expounded by considering upon what occasion every thing is set down : and by comparing other Texts . The occasion which induc't our Saviour to speak of divorce , was either to convince the extravagance of the Pharises in that point , or to give a sharp and vehement answer to a tempting question . And in such cases that we are not to repose all upon the literall terms of so many words , many instances will teach us : Wherin we may plainly discover how Christ meant not to be tak'n word for word , but like a wise Physician , administring one excesse against another to reduce us to a perfect mean : Where the Pharises were strict , there Christ seems remisse ; where they were too remisse , he saw it needfull to seem most severe : in one place he censures an unchast look to be adultery already committed : another time he passes over actuall adultery with lesse reproof then for an unchast look ; not so heavily condemning secret weaknes , as open malice : So heer he may be justly thought to have giv'n this rigid sentence against divorce , not to cut off all remedy from a good man who finds himself cōsuming away in a disconsolate and uninjoy'd matrimony , but to lay a brid●e upon the bold abuses of those over-weening Rabbies ; which he could not more effectually doe , then by a countersway of restraint , curbing their wild exorbitance almost into the other extreme ; as when we bow things the contrary way , to make them come to thir naturall straitnes . And that this was the only intention of Christ is most evident ; if we attend but to his own words and protestation made in the same Sermon not many verses before he treats of divorcing , that he came not to abrogate from the Law one jot or tittle , and denounces against them that shall so teach . So that the question of divorce following upon this his open profession , must needs confirm us , that what ever els in the politicall Law of more speciall relation to the Iews , might cease to us , yet that of those precepts concerning divorce , not one of them was repeal'd by the doctrine of Christ ; for if these our Saviours words inveigh against all divorce , and condemn it as adultery , except it be for adultery , and be not rather understood against the abuse of those divorces permitted in the Law , then is that Law of Moses , Deut. 24. 1. not only repeal'd & wholly anull'd against the promise of Christ & his known prfession , not to meddle in matters judicial , but that which is more strange , the very substance and purpose of that Law is contradicted and convinc't both of injustice & impurity , as having authoriz'd & maintain'd legall adultery by statute . Moses also cannot scape to be guilty of unequall and unwise decrees , punishing one act of secret adultery by death , and permitting a whole life of open adultery by Law . And albeit Lawyers write that some politicall Edicts , though not approv'd , are yet allow'd to the scum of the people and the necessitie of the times ; these excuses have but a weak pulse : for first we read , not that the scoundrel people , but the choisest , the wisest , the holiest of that nation have frequently us'd these laws , or such as these . Secondly , Be it yeelded that in matters not very bad or impure , a human law-giver may slacken somthing of that which is exactly good , to the disposition of the people and the times : but if the perfect , the pure , the righteous law of God , for so are all his statutes and his judgements , be found to have allow'd smoothly without any certain reprehension , that which Christ afterward declares to be adultery , how can wee free this Law from the horrible endightment of beeing both impure , unjust , and fallacious . Neither will it serv to say this was permitted for the hardnes of thir hearts , in that sense , as it is usually explain'd , for the Law were then but a corrupt and erroneous School-master , teaching us to dash against a vital maxim of religion , by dooing foul evil in hope of some uncertain good . Wee cannot therfore with safety thus confine the free simplicity of our Saviours meaning to that which meerly amounts from so many letters ; whenas it can consist neither with his former , and cautionary words , nor with the scope of charity , commanding by his expresse commission in a higher strain . But all rather of necessity must be understood as only against the abuse of that wise and ingenuous liberty which Moses gave , and to terrify a roaving conscience from sinning under that pretext . Others think to evade the matter , by not granting any Law of divorce , but only a dispensation ; which is contrary to the words of Christ , who himself calls it a Law Mark . 10. 5. But I answer , admitting it to be a dispensation , yet this is a certain rule , that so long as the cause remains , the dispensation ought : Let it be shewn therfore either in the nature of the Gospel , or of man , why this dispensation should be made void . The Gospel indeed exhorts to highest perfection , but bears with weakest infirmity more then the Law . The nature of man is as weak , and yet as hard : and that weaknes and hardnes as unfit , and as unteachable to be harshly dealt with as ever . I but , say they , there is a greater portion of spirit powr'd upon the Gospel which requires perfecter obedience . But that cōsequence is deceavable ; for it is the Law that is the exacter of our obedience ev'n under the Gospel ; how can it then exact concerning divorce , that which it never exacted before ? The Gospel is a covnant reveling grace , not commanding a new morality , but assuring justification by faith only , contented if we endeavour to square our moral duty by those wise and equal Mosaick rules , which were as perfect as strict and as unpardonable to the Iews , as to us ; otherwise the law were unjust , giving grace of pardon without the Gospel , or if it give allowance without pardon , it would be dissolute and deceitfull ; saying in general , do this and live ; and yet deceaving and damning with obscure and hollow permissions . Wee find also by experience that the Spirit of God in the Gospel hath been alwaies more effectual in the illumination of our minds to the gift of faith , then in the moving of our wills to any excellence of vertue , either above the Iews or the Heathen . Hence those indulgences in the Gospel ; All cannot receive this saying ; Every man hath his proper gift , with strict charges not to lay on yokes which our Fathers could not bear . But this that Moses suffer'd for the hardnes of thir hearts he suffer'd not by that enacted dispensation , farre be it , but by a meer accidental sufferance of undiscover'd hypocrites , who made ill use of that Law ; for that God should enact a dispensation for hard hearts to do that wherby they must live in priviledg'd adultery , however it go for the receav'd opinion , I shall ever disswade my self from so much hardihood as to beleeve : Certainly this is not the manner of God , whose pure eyes cannot behold , much lesse his perfect Laws dispence with such impurity ; and if we consider well , we shall finde that all dispensations are either to avoid wors inconveniences , or to support infirm consciences for a time ; but that a dispensatiō should be as long liv'd as a Law to tolerate adultery for hardnes of heart , both sins perhaps of like degree , and yet this obdurate disease cannot be conceav'd how it is the more amended by this unclean remedy , is a notion of that extravagance from the sage principles of piety , that who considers throughly , cannot but admire , how this hath been digested all this while . What may we doe then to salve this seeming inconsistence ? I must not dissemble that I am confident it can be don no other way then this . Moses , Deut. 24 1. establisht a grave and prudent Law , full of moral equity full of due consideration towards nature , that cannot be resisted ; a Law consenting with the Laws of wisest men and civilest nations . That when a man hath maried a wife , if it come to passe he cannot love her by reason of some displeasing natural quality or unfitnes in her , let him write her a bill of divorce . The intent of which Law undoubtedly was this , that if any good and peaceable man should discover some helples disagreement or dislike either of mind or body , wherby he could not cherfully perform the duty of a husband without the perpetual dissembling of offence and disturbance to his spirit , rather then to live uncomfortably and unhappily both to himself and to his wife , rather then to continue undertaking a duty which he could not possibly discharge , he might dismisse her whom he could not tolerably , and so not conscionably retain . And this Law the Spirit of God by the mouth of Salomon , Pro. 30. 21. 23. testifies to be a good and a necessary Law ; by granting it , that to dwell with a hated woman ( for hated the hebrew word signifies ) is a thing that nature cannot endure . What follows then but that Law must remedy what nature cannot undergoe . Now that many licentious and hard hearted men took hold of this Law to cloak thir bad purposes , is nothing strange to beleeve . And these were they , not for whom Moses made the Law , God forbid , but whose hardnes of heart taking ill advantage by this Law he held it better to suffer as by accident , where it could not be detected , rather then good men should loose their just and lawfull privilege of remedy : Christ therfore having to answer these tempting Pharises , according as his custom was , not meaning to inform their proud ignorance what Moses did in the true intent of the Law , which they had ill cited , suppressing the true cause for which Moses gave it , and extending it to every slight matter , tells them thir own , what Moses was forc't to suffer by their abuse of his Law . Which is yet more plain if wee mark that our Saviour in the fi●th of Matth. cites not the Law of Moses , but the Pharisaical tradition falsly grounded upon that law . And in those other places , Chap. 19. & Mark . 10. the Pharises cite the Law , but conceale the wise and human reason there exprest ; which our Saviour corrects not in them whose pride deserv'd not his instruction , only returns them what is proper to them ; Moses for the hardnes of your hearts sufferd you , that is , such as you to put away your wives ; and to you he wrote this precept for that cause , which ( to you ) must be read with an impression , and understood limitedly of such as cover'd ill purposes under that Law ; for it was seasonable that they should hear their own unbounded licence rebuk't , but not seasonable for them to hear a good mans requisit liberty explain'd . And to amaze them the more , because the Pharises thought it no hard matter to fulfill the Law , he draws them up to that unseparable institution which God ordaind in the beginning before the fall when man and woman were both perfect , and could have no cause to separate : just as in the same Chap. he stands not to contend with the arrogant young man who boasted his observance of the whole Law , whether he had indeed kept it or not , but skrues him up higher , to a task of that perfection , which no man is bound to imitate . And in like manner that pattern of the first institution he set before the opinionative Pharises to dazle them and not to bind us . For this is a solid rule that every command giv'n with a reason , binds our obedience no otherwise then that reason holds . Of this sort was that command in Eden ; Therfore shall a man cleave to his wife , and they shall be one flesh : which we see is no absolute command , but with an inference , Therfore : the reason then must be first consider'd , that our obedience be not mis-obedience . The first is , for it is not single , because the wife is to the husband flesh of his flesh , as in the verse going before . But this reason cannot be sufficient of it self ; for why then should he for his wife leave his father and mother , with whom he is farre more flesh of flesh and bone of bone , as being made of their substance . And besides it can be but a sorry and ignoble society of life , whose unseparable injunction depends meerly upon flesh & bones . Therfore we must look higher , since Christ himself recalls us to the beginning , and we shall finde that the primitive reason of never divorcing , was that sacred and not vain promise of God to remedy mans lonelines by making him a help meet for him though not now in perfection , as at first , yet still in proportion as things now are And this is repeated ver. 20. when all other creatures were fitly associated & brought to Adam ▪ as if the divine power had bin in some care and deep thought , because there was not yet found a help meet for man . And can wee so slightly depresse the all-wise purpose of a deliberating God , as i● his consultatiō had produc'● no other good for man , but to joyn him with an accidentall companion of propagation ▪ which his sudden word had already made for every beast ? nay a farre lesse good to man it will be found , if she must at all aventures be fasten'd upon him individually . And therefore even plain sense and equity , and , which is above them both , the all-interpreting voice of Charity her self cries loud that this primitive reason , this consulted promise of God to make a meet help , is the onely cause that gives authority to this command of not divorcing , to be a command . And it might be further added , that if the true definition of a wife were askt in good earnest , this clause of beeing a meet help would shew it self so necessary , and so essential in that demonstrative argument , that it might be logically concluded , therfore shee who naturally & perpetually is no meet help , can be no wife ; which cleerly takes away the difficulty of dismissing such a one . Hence is manifest , that so much of the first institution as our Saviour mentions , for he mentions not all , was but to quell and put to nonplus the tempting Pharises ; and to lay open their ignorance and shallow understanding of the Scriptures . For , saith he , have ye not read that he which made them at the beginning , made them male and female , and said , for this cause shall a man cleave to his wife ? which these blind usurpers . of Moses chair could not gainsay : as if this single respect of male and female were sufficient against a thousand inconveniences and mischiefs to clogge a rational creature to his endles sorrow unrelinquishably . What if they had thus answer'd , Master if thou intend to make wedlock as inseparable as it was from the beginning , let it be made also a fit society , as God intended it , which wee shall soon understand it ought to be , if thou recite the whole reason of the Law . doubtles our Saviour had applauded their just answer . For then they had expounded this command of Paradise , even as Moses himself expounds it by his laws of divorce , that is , with due and wise regard had to the premises and reasons of the first command , according to which , without unclean and temporizing permissions he instructs us in this imperfect state what wee may lawfully doe about divorce . But if it be thought that the Disciples offended at the rigor of Christs answer ▪ cou●d yet obtain no mitigation of the former sentence pronounc't to the Pharises , it may be fully answer'd , that our Saviour continues the same reply to his Disciples , as men leaven'd with the same customary licence , which the Pharises maintain'd ; and displeas'd at the removing of a traditional abuse wherto they had so long not unwillingly bin us'd : it was no time then to contend with then flow and prejudicial belief , in a thing wherin an ordinary measure of light in Scripture , with some attention might afterwards inform them well anough . After these considerations to take a law out of Paradise giv'n in time of original perfection , and to take it barely without those just and equal inferences and reasons which mainly establish it , nor so much as admitting those needfull & safe allowances wherwith Moses himself interprets it to the faln condition of man , argues nothing in us but rashnes and contempt of those means that God left us in his pure and chast Law , without which it will not be possible for us to perform the strict imposition of this command : or if we strive beyond our strength , wee shall strive to obay it otherwise then God commands it . And lamented experience daily teaches the bitter and vain fruits of this our presumption , forcing men in a thing wherin wee are not able to judge either of their strength , or their sufferance . Whom neither one vice nor other by naturall addiction , but only mariage ruins , which doubtles is not the fault of that ordinance , for God gave it as a blessing , nor always of mans mis-choosing ; it beeing an error above wisdom to prevent , as examples of wisest men so mistaken manifest : it is the fault therfore of a pervers opinion that will have it continu'd in despight of nature and reason , when indeed it was never truly joynd . All those expositers upon the fifth of Mat. confesse the Law of Moses to be the Law of the Lord , wherin no addition or diminution hath place , yet coming to the point of divorce , as if they fear'd not to be call'd lest in the kingdom of heav'n , any slight evasion will content them to reconcile those contradictions which they make between Christ and Moses , between Christ and Christ . Some will have it no Law , but the granted premises of another Law following , contrary to the words of Christ Mark 10. 5. and all other translations of gravest authority , who render it in form of a Law ; agreeable to Malach. 2. 16. as it is most anciently and modernly expounded . Besides the bill of divorce declares it to be orderly & legal . And what avails this to make the matter more righteous , if such an adulterous condition shall be mention'd to build a Law upon without either punishment or so much as forbidding , they pretend it is implicitly reprov'd in these words , Deut. 24. 4. after she is defil'd ; but who sees not that this defilement is only in respect of returning to her former husband after an intermixt mariage ; els why was not the defiling condition first forbidden , which would have sav'd the labour of this after law ; nor is it seemly or piously attributed to the justice of God and his known hatred of sin , that such a hainous fault as this through all the Law should be only wip't with an implicit and oblique touch ( which yet is falsly suppos'd ) & that his peculiar people should be let wallow in adulterous mariages almost two thousand yeares for want of a direct Law to prohibit them ; t is rather to be confidently assum'd that this was granted to apparent necessities , as being of unquestionable right and reason in the Law of nature , in that it still passes without inhibition , ev'n when greatest cause is giv'n us to expect it should be directly forbidd'n . But it was not approv'd , so much the wors that it was allow'd , as if sin had over masterd the law of God , to conform her steddy and strait rule to sins crookednes , which is impossible . Besides , what needed a positive grant of that which was not approv'd ? it restrain'd no liberty to him that could but use a little fraud , it had bin better silenc't , unlesse it were approv'd in some case or other . Can wee conceave without vile thoughts , that the majesty and holines of God could endure so many ages to gratifie a stubborn people in the practice of a foul polluting sin , and could he expect they should abstain , he not signifying his mind in a plain command , at such time especially when he was framing their laws and them to all possible perfection ? But they were to look back to the first iustitution , nay rather why was not that individual institution brought out of Paradise , as was that of the Sabbath , and repeated in the body of the Law , that men might have understood it to be a command ? for that any sentence that bears the resemblance of a precept , set there so out of place in another world at such a distance from the whole Law , and not once mention'd there , should be an obliging command to us , is very disputable , and perhaps it might be deny'd to be a command without further dispute : however , it commands not absolutely , as hath bin clear'd , but only with reference to that precedent promise of God , which is the very ground of his institution ; if that appeare not in some tolerable sort , how can wee affirm such a matrimony to be the same which God instituted ! In such an accident it will best behove our sobernes to follow rather what moral Sinai prescribes equal to our strength , then fondly to think within our strength all that lost Paradise relates . Another while it shall suffice them , that it was not a moral but a judicial Law , and so was abrogated . Nay rather was not abrogated because judicial ; which Law the ministery of Christ came not to deale with . And who put it in mans power to exempt , where Christ speaks in general of not abrogating the least jot or tittle , & in special not that of divorce , because it follows among those Laws which he promis'd expresly not to abrogate , but to vindicate from abusive traditions . And if we mark the 31. ver. of Mat. the 5. he there cites not the Law of Moses , but the licencious Glosse which traduc't the Law ; that therfore which he cited , that he abrogated , and not only abrogated but disallow'd and flatly condemn'd , which could not be the Law of Moses ; for that had bin foulely to the rebuke of his great servant . To abrogate a Law made with Gods allowance , had bin to tell us only that such a Law was now to cease , but to refute it with an ignominious note of civilizing adultery , casts the reprooff , which was meant only to the Pharises , ev'n upō him who made the Law . But yet if that be judicial which belongs to a civil Court , this Law is lesse judicial then nine of the ten Commandements ; for antiquaries affirm that divorces proceeded among the Iews without knowledge of the Magistrate , only with hands and seales under the testimony of some Rabbies to be then present . And it was indeed a pure moral economical Law , too hastily imputed of tolerating sin ; being rather so clear in nature and reason , that it was left to a mans own arbitrement to be determin'd between God and his own conscience . And that power which Christ never took from the master of family , but rectify'd only to a right and wary use at home , that power the undiscerning Canonist hath improperly usurpt into his Court-leet , and bescribbl'd with a thousand trifling impertinencies , which yet have fil'd the life of man with serious trouble and calamity . Yet grant it were of old a judicial Law , it need not be the lesse moral for that , being conversant , as it is , about vertue or vice . And our Saviour disputes not heer the judicature , for that was not his office , but the morality of divorce , whether it be adultery or no ; if therfore he touch the law of Moses at all , he touches the moral part therof ; which is absurd to imagine that the covnant of grace should reform the exact and perfect law of works , eternal and immutable ; or if he touch not the Law at all , then is not the allowance therof disallow'd to us . Others are so ridiculous as to allege that this licence of divorcing was giv'n them because they were so accustom'd in Egypt . As if an ill custom were to be kept to all posterity ; for the dispensation is both universal and of time unlimited , and so indeed no dispensation at all ; for the over-dated dispensation of a thing unlawfull , serves for nothing but to encrease hardnes of heart , and makes men but wax more incorrigible , which were a great reproach to be said of any Law or allowance that God should give us . In these opinions it would be more Religion to advise well , lest wee make our selves juster then God , by censuring rashly that for sin which his unspotted Law without rebuke allows , and his people without being conscious of displeasing him have us'd . And if we can think so of Moses , as that the Jewish obstinacy could compell him to write such impure permissions against the rule of God & his own judgement , doubtles it was his part to have protested publickly what straits he was driv'n to , and to have declar'd his conscience when he gave any Law against his minde ; for the Law is the touch-stone of sin and of conscience , must not be intermixt with corrupt indulgences ; for then it looses the greatest praise it has , of being certain and infallible , not leading into error , as all the Iews were led by this connivence of Moses , if it were a connivence . But still they fly back to the primitive institution , and would have us re-enter Paradise against the sword that guards it . Whom I again thus reply to , that the place in Genesis contains the description of a fit and perfect mariage , with an interdict of ever divorcing such a union ; but where nature is discover'd to have never joyn'd indeed , but vehemently seeks to part , it cannot be there conceav'd that God forbids it ; nay he commands it both in the Law and in the Prophet Malachy , which is to be our rule . And Perkins upon this chap. of Mat. deals plainly that our Saviour heer confutes not Moses Law , but the false glosses that deprav'd the Law ; which being true , Perkins must needs grant , that somthing then is left to that law which Christ found no fault with ; and what can that be but the conscionable use of such liberty as the plain words import ? So that by his own inference , Christ did not absolutely intend to restrain all divorces to the only cause of adultery . This therfore is the true scope of our Saviours will , that he who looks upon the Law concerning divorce , should look also back upon the first institution , that he may endeavour what is perfectest : and he that looks upon the institution should not refuse as sinfull and unlawfull those allowanees which God affords him in his following Law ; lest he make himself purer then his maker ; and presuming above strength , slip into temptations irrecoverably . For this is wonderfull , that in all those decrees concerning mariage , God should never once mention the prime institution to disswade them from divorcing ; and that he should forbid smaller sins as opposite to the hardnes of their hearts , and let this adulterous matter of divorce passe ever unreprov'd . This is also to be marvell'd at , that seeing Christ did not condemn whatever it was that Moses suffer'd , and that therupon the Christian Magistrate permits usury and open stews , & heer with us adultery to be so slightly punisht , which was punisht by death to these hard-hearted Iews , why wee should strain thus at the matter of divorce , which may stand so much with charity to permit , and make no scruple to allow usury , esteem'd to be so much against charity . But this it is to embroile our selves against the righteous and all wise judgements and statutes of God ; which are not variable and contrarious , as wee would make them , one while permitting and another while forbidding , but are most constant and most harmonious each to other . For how can the uncorrupt and majestick law of God , bearing in her hand the wages of life and death , harbour such a repugnance within her self , as to require an unexempted and impartial obedience to all her decrees , either from us or from our Mediator , and yet debase her self to faulter so many ages with circumcis'd adulteries , by unclean and slubbe●ing permissions . Yet Beza's opinion is that a politick law , but what politick law I know not , unlesse one of Matchiavel's , may regulate sin ; may bear indeed , I grant , with imperfection for a time , as those Canons of the Apostles did in ceremonial things : but as for sin , the essence of it cannot consist with rule ; and if the law fall to regulate sin , and not to take it utterly away , it necessarily confirms and establishes sin . To make a regularity of sin by law , either the law must straiten sin into no sin , or sin must crook the law into no law . The judicial law can serve to no other end then to be the protector and champion of Religion and honest civility , as is set down plainly Rom. 13. and is but the arme of moral law , which can no more be separate from Justice then Justice from vertue : their office also in a different manner steares the same cours ; the one teaches what is good by precept , the other unteaches what is bad by punishment . But if we give way to politick dispensations of lewd uncleannesse , the first good consequence of such a relaxe will be the justifying of papal stews , joyn'd with a toleration of epidemick whordom . Justice must revolt from the end of her authority , and become the patron of that wherof she was created the punisher . The example of usury , which is commonly alleg'd makes against the allegation which it brings , as I touch'd before . Besides that usury , so much as is permitted by the Magistrate , and demanded with common equity , is neither against the word of God , nor the rule of charity , as hath been often discus't by men of eminent learning and judgement . There must be therfore some other example found out to shew us wherin civil policy may with warrant from God settle wickednes by law , & make that lawfull which is lawlesse . Although I doubt not but upon deeper consideration , that which is true in Physick , will be found as true in polity : that as of bad pulses those that beat most in order , are much wors then those that keep the most inordinate circuit , so of popular vices those that may be committed legally , will be more pernicious then those which are left to their own cours at peril , not under a stinted priviledge to sin orderly and regularly , which is an implicit contradiction , but under due and fearles execution of punishment . The political law , since it cannot regulate vice , is to restraine it , by using all means to root it out : but if it suffer the weed to grow up to any pleasurable or contented higth upon what pretext soever , it fastens the root , it prunes and dresses vice , as if it were a good plant . Lastly , if divorce were granted , as he sayes , not for men , but to release afflicted wives , certainly it is not only a dispensation , but a most mercifull Law : and why it should not yet be in force , beeing wholly as needfull , I know not what can be in cause but senslesse cruelty . Esteeming therfore to have asserted thus an injur'd law of Moses from the unwarranted and guilty name of a dispensation , to be again a most equall and requisite law , wee have the word of Christ himself , that he came not to alter the least tittle of it ; and signifies no small displeasure against him that shall teach to doe so . On which relying , I shall not much waver to affirm that those words which are made to intimate , as if they forbad all divorce but for adultery ( though Moses have constituted otherwise ) those words tak'n circumscriptly , without regard to any precedent law of Moses or attestation of Christ himself , or without care to preserve those his fundamental and superior laws of nature and charitie , to which all other ordinances give up their seals , are as much against plain equity , and the mercy of religion , as those words of Take , eat , this is my body , elementally understood , are against nature and scuse . And surely the restoring of this degraded law , hath well recompenc't the diligence was us'd , by enlightning us further to finde out wherfore Christ took off the Pharises from alleging the law , and referr'd them to the first institution , not condemning , altering , or abolishing this precept of divorce , which is plainly moral , for that were against his truth , his promise , and his prophetick office ; but knowing how fallaciously they had cited , and conceal'd the particular and natural reason of the law , that they might justifie any froward reason of their own , he lets goe that sophistry unconvinc't , for that had bin to teach them els ; which his purpose was not . And since they had tak'n a liberty which the law gave not , he amuses & repells their tempting pride with a perfection of paradise , which the law requir'd not ; not therby to oblige our performance to that wherto the law never enjoyn'd the fal'n estate of man ; for if the first institution must make wedlock , whatever happen , inseparable to us , it must make it also as perfect , as meetly helpfull , and as comfortable as God promis'd it should be , at least in some degree , otherwise it is not equal or proportionable to the strength of man , that he should be reduc't into such indissoluble bonds to his assured misery , if all the other conditions of that covnant be manifestly alter'd . Next he saith , they must be one flesh , which , when all conjecturing is don , wil be found to import no more but only to make legitimate and good the carnal act , which els might seem to have somthing of pollution in it : And inferrs thus much over , that the fit union of their souls be such as may even incorporate them to love and amity ; but that can never be where no correspondence is of the minde ; nay instead of beeing one flesh , they will be rather two carkasses chain'd unnaturally together ; or as it may happ'n , a living soule bound to a dead corps , a punishment too like that inflicted by the tyrant Mezentius ; so little worthy to be receav'd as that remedy of lonelines which God meant us . Since wee know it is not the joyning of another body will remove lonelines , but the uniting of another compliable mind ; and that it is no blessing but a torment , nay a base and brutish condition to be one flesh , unlesse where nature can in some measure fix a unity of disposition . Lastly , Christ himself tells us who should not be put asunder , namely , those whom God hath joyn'd . A plain solutiō of this great controversie , if men would but use their eyes ; for when is it that God may be said to joyn , when the parties and their friends consent ? No surely ; for that may concurre to leudest ends , or is it when Church-rites are finisht ? Neither ; for the efficacy of those depends upon the presupposed fitnes of either party . Perhaps after carnal knowledge ? lest of all : for that may joyn persons whom neither law nor nature dares joyn ; t is left , that only then , when the minds are fitly dispos'd , and enabl'd to maintain a cherfull conversation , to the solace and love of each other , according as God intended and promis'd in the very first foundation of matrimony , I will make him a help meet for him ; for surely what God intended and promis'd , that only can be thought to be of his joyning , and not the contrary . So likewise the Apostle witnesseth 1 Cor. 7. 15. that in mariage God hath call'd us to peace . And doubtles in what respect he hath call'd us to mariage , in that also he hath joyn'd us . The rest whom either disproportion or deadnes of spirit , or somthing distastfull & avers in the immutable bent of nature renders uncōjugal , error may have joyn'd ; but God never joyn'd against the meaning of his own ordinance . And if he joynd them not , then is there no power above their own consent to hinder them from unjoyning ; when they cannot reap the soberest ends of beeing together in any tolerable sort . Neither can it be said properly that such twain were ever divorc't , but onely parted from each other , as two persons unconjunctive , and unmariable together . But if , whom God hath made a fit help , frowardnes or private injuries have made unfit , that beeing the secret of mariage God can better judge then man , neither is man indeed fit or able to decide this matter ; however it be , undoubtedly a peacefull divorce is a lesse evil and lesse in scandal then a hatefull hard hearted and destructive continuance of mariage in the judgement of Moses , and of Christ , that justifies him in choosing the lesse evil , which if it were an honest & civil prudence in the law , what is there in the Gospel forbidding such a kind of legal wisdom , though wee should admit the common Expositers . Having thus unfoulded those ambiguous reasōs , wherwith Christ , as his wont was , gave to the Pharises that came to sound him , such an answer as they deserv'd , it will not be uneasie to explain the sentence it self that now follows , Whosoever shall put away his wife , except it be for fornication , and shall marry another , committeth adultery . First therfore I will set down what is observ'd by Grotius upon this point , a man of general learning . Next I produce what mine own thoughts gave me , before I had seen his annotations . Origen , saith he , notes that Christ nam'd adultery rather as one example of other like cases , then as one only exception . And that it is frequent not only in human but in divine Laws to expresse one kind of fact , wherby other causes of like nature may have the like plea : as Exod. 21. 18 , 19 , 20. 26. Deut. 19. 5. And from the maxims of civil Law he shews that ev'n in sharpest penal laws , the same reason hath the same right : and in gentler laws , that from like causes to like the Law interprets rightly . But it may be objected , saith he , that nothing destroys the end of wedlock so much as adultery . To which he answers that mariage was not ordain'd only for copulation , but for mutual help and comfort of life ; and if we mark diligently the nature of our Saviours commands , wee shall finde that both their beginning and their end consists in charity : whose will is that wee should so be good to others , as that wee be not cruel to our selves . And hence it appears why Mark and Luke and St. Paul to the Cor. mentioning this precept of Christ , adde no exception ; because exceptions that arise from natural equity are included silently under general terms : it would be consider'd therfore whether the same equity may not have place in other cases lesse frequent . Thus farre he . From hence , is what I adde : first , that this saying of Christ , as it is usually expounded , can be no law at all , that man for no cause should separate but for adultery , except it be a supernatural law , not binding us , as wee now are : had it bin the law of nature , either the Iews , or some other wise and civil Nation would have pres't it : or let it be so ; yet that law Deut. 24. 1. wherby a man hath leave to part , whenas for just and natural cause discover'd he cannot love , is a law ancienter , and deeper ingrav'n in blameles nature then the other : therfore the inspired Law-giver Moses took care that this should be specify'd and allow'd : the other he let vanish in silence , not once repeated in the volume of his law , ev'n as the reason of it vanisht with Paradise . Secondly , this can be no new command , for the Gospel enjoyns no new morality , save only the infinit enlargement of charity , which in this respect is call'd the new Commandement by St. Iohn ; as being the accomplishment of every command . Thirdly , It is no command of perfection further then it partakes of charity , which is the bond of perfection . Those commands therfore which compell us to self-cruelty above our strength , so hardly will help forward to perfection , that they hinder & set backward in all the common rudiments of Christianity ; as was prov'd . It being thus clear , that the words of Christ can be no kind of command , as they are vulgarly tak'n , wee shall now see in what sense they may be a command , and that an excellent one , the same with that of Moses , and no other . Moses had granted that only for a natural annoyance , defect , or dislike , whether in body or mind , ( for so the Hebrew words plainly note ) which a man could not force himself to live with , he might give a bill of divorce ; therby forbidding any other cause wherin amendment or reconciliation might have place . This law the Pharises depraving , extended to any slight contentious cause whatsoever . Christ therfore seeing where they halted , urges the negative part of that law , which is necessarily understood ( for the determinate permission of Moses binds them from further licence ) and checking their supercilious drift , declares that no accidental , temporary , or reconciliable offence , except fornication , can justifie a divorce : he touches not heer those natural and perpetual hindrances of society , which are not to be remov'd : for such , as they are aptest to cause an unchangeable offence , so are they not capable of reconcilement , because not of amendment . Thus is Moses law heer solidly confirm'd ; and those causes which he permitted , not a jot gainsaid . And that this is the true meaning of this place , I prove also by no lesse an Author then St. Paul himself , 1 Cor. 7. 10 , 11. upon which text Interpreters agree , that the Apostle only repeats the precept of Christ : where while he speaks of the wives reconcilement to her husband , he puts it out of controversie , that our Saviour meant only matters of strife and reconcilement ; of which sort he would not that any difference should be the occasion of divorce , except fornication . But because wee know that Christ never gave a judicial law , and that the word fornication is variously significant in Scripture , it will be much right don to our Saviours words , to consider diligently , whether it be meant heer , that nothing but actual fornicatiō , prov'd by witnes , can warrant a divorce ; for so our Canon Law judges . Neverthelesse , as I find that Grotius on this place hath observ'd , the Christian Emperours , Theodosius the second , and Iustinian , men of high wisdom and reputed piety , decree'd it to be a divorsive fornication , if the wife attempted either against the knowledge , or obstinately against the will of her husband , such things as gave open suspicion of adulterizing ; as the wilfull haunting of feasts , and invitations with men not of her neer kindred , the lying forth of her hous without probable cause , the frequenting of Theaters against her husbands mind , her endeavour to prevent , or destroy conception . Hence that of Ierom , Where fornication is suspected , the wife may lawfully be divorc't ; not that every motion of a jealous mind should be regarded , but that it should not be exacted to prove all things by the visibility of Law witnessing , or els to hood-wink the mind : for the Law is not able to judge of these things but by the rule of equity , and by permitting a wise man to walk the middle-way of a prudent circumspection , neither wretchedly jealous , nor stupidly and tamely patient . To this purpose hath Grotius in his notes . He shews also that fornicatiō is tak'n in Scripture for such a continual headstrong behaviour , as tends to plain contempt of the husband : and proves it out of Iudges 19. 2. where the Levites wife is said to have playd the whoor against him ; which Iosephus and the Septuagint , with the Chaldaean , interpret only of stubbornnes and rebellion against her husband : and to this I adde that Kimchi and the two other Rabbies who glosse the text , are in the same opinion . Ben Gersom reasons that had it bin whoordom , a Jew and Levite would have disdain'd to fetch her again . And this I shall cōtribute , that had it bin whoordom she would have chosen any other place to run to , then to her fathers house , it being so infamous for an hebrew woman to play the harlot , and so opprobrious to the parents . Fornication then in this place of the Iudges , is understood for stubborn disobedience against the husband , and not for adultery . A sin of that sudden activity , as to be already committed , when no more is don , but only lookt unchastly : which yet I should be loath to judge worthy a divorce , though in our Saviours language it be call'd adultery . Neverthelesse , when palpable and frequent signes are giv'n , the law of God Num. 5. so far gave way to the jealousie of a man , as that the woman set before the Sanctuary with her head uncover'd , was adju●'d by the Priest to swear whether she were fals or no ; and constrain'd to drink that bitter water with an undoubted curse of rottennesse , and tympany to follow , unlesse she were innocent . And the jealous man had not bin guiltles before God , as seems by the last ver. if having such a suspicion in his head he should neglect this trial , which , if to this day it be not to be us'd , or be thought as uncertain of effect , as our antiquated law of Ordalium , yet all equity will judge that many adulterous demeanors which are of lewd suspicion and example , may be held sufficient to incurre a divorce ; though the act it self hath not bin prov'd . And seeing the generosity of our Nation is so , as to account no reproach more abominable , then to be nick-nam'd the husband of an adultresse , that our law should not be as ample as the law of God to vindicate a man from that ignoble sufferance , is our barbarous unskilfulnes , not considering that the law should be exasperated according to our estimation of the injury . And if it must be suffer'd till the act be visibly prov'd , Salomon himself whose judgement will be granted to surpasse the acutenes of any Canonist , confesses Prov. 30. 19 , 20. that for the act of adultery , it is as difficult to be found as the track of an Eagle in the air , or the way of a ship in the Sea : so that a man may be put to unmanly indignities , ere it be found out . This therfore may be anough to inform us that divorsive adultery is not limited by our Saviour to the utmost act , and that to be attested always by eye-witnesse : but may be extended also to divers obvious actions , which either plainly lead to adultery , or give such presumtion wherby sensible men may suspect the deed to be already don . And this the rather may be thought , in that our Saviour chose to use the word fornication , which word is found to signify other matrimonial transgressions of main breach to that Covnant besides actual adultery . Thus at length wee see both by this and by other places , that there is scarse any one saying in the Gospel , but must be read with limitations and distinctions , to be rightly understood ; for Christ gives no full comments or continu'd discourses , but scatters the heavnly grain of his doctrin like pearle heer and there , which requires a skilfull and laborious gatherer ; who must compare the words he finds , with other precepts , with the end of every ordinance , and with the general analogy of Evangelick doctrine : otherwise many particular sayings would be but strange repugnant riddles ; & the Church would offend in granting divorce for frigidity , which is not heer excepted with adultery , but by them added . And this was it undoubtedly which gave reason to St. Paul of his own authority , as he professes , and without command from the Lord , to enlarge the seeming construction of those places in the Gospel , by adding a case wherin a person deserted which is somthing lesse then divorc't , may lawfully marry again . And having declar'd his opinion in one case , he leavs a furder liberty for christian prudence to determin in cases of like importance ; using words so plain as are not to be shifted off , that a brother or a sister is not under bondage in such cases ; adding also , that God hath call'd us to peace in mariage . Now if it be plain that a Christian may be brought into unworthy bondage , and his religious peace not only interrupted now and then , but perpetually and finally hinderd in wedlock by mis-yoking with a diversity of nature as well as of religion , the reasons of St Paul cannot be made special to that one case of infidelity , but are of equal moment to a divorce wherever Christian liberty and peace are without fault equally obstructed . That the ordinance which God gave to our comfort , may not be pinn'd upon us to our undeserved thraldom ; to be coop't up as it were in mockery of wedlock , to a perpētual betrothed lonelines and discontent , if nothing wors ensue . There beeing nought els of mariage left between such , but a displeasing and forc't remedy against the sting of a brute desire ; which fleshly accustoming without the souls union and commixture of intellectual delight , as it is rather a soiling then a fulfilling of mariage-rites , so is it anough to imbase the mettle of a generous spirit , and sinks him to a low and vulgar pitch of endeavour in all his actions , or , which is wors , leavs him in a dispairing plight of abject and hard'n'd thoughts : which condition , rather then a good man should fall into , a man usefull in the service of God and mankind , Christ himself hath taught us to dispence with the most sacred ordinances of his worship ; even for a bodily healing to dispence with that holy & speculative rest of Sabbath ; much more then with the erroneous observance of an illknottedmariage for the sustaining of an overcharg'd faith and perseverance . And though bad causes would take licence by this pretext , if that cannot be remedied , upon their conscience be it , who shall so doe . This was that hardnes of heart , & abuse of a good law which Moses was content to suffer rather then good men should not have it at all to use needfully . And he who to run after one lost sheep left ninety nine of his own flock at random in the Wildernes , would little perplex his thought for the obduring of nine hunder'd and ninety such as will daily take wors liberties whether they have permission or not . To conclude , as without charity God hath giv'n no commandment to men , so without it , neither can men rightly beleeve any commandment givn . For every act of true faith , as well that wherby we beleeve the law , as that wherby wee endeavour the law is wrought in us by charity : according to that in the divine hymne of St. Paul , 1 Cor. 13. Charity beleeveth all things : not as if she were so credulous , which is the exposition hitherto current , for that were a trivial praise , but to teach us that charity is the high governesse of our belief , and that wee cannot safely assent to any precept writt'n in the Bible , but as charity commends it to us . Which agrees with that of the same Apostle to the Ephes. 4. 14 , 15. where he tels us that the way to get a sure undoubted knowledge of things , is to hold that for truth , which accords most with charity . Whose unerring guidance and conduct having follow'd as a loadstarre with all diligence and fidelity in this question , I trust , through the help of that illuminating Spirit which hath favor'd me , to have don no every daies work : in asserting after many ages the words of Christ with other Scriptures of great concernment from burdensom & remorsles obscurity , tangl'd with manifold repugnances , to their native lustre and consent between each other : heerby also dissolving tedious and Gordian difficulties , which have hitherto molested the Church of God , and are now decided not with the sword of Alexander , but with the immaculate hands of charity , to the unspeakable good of Christendom And let the extrem literalist sit down now & revolve whether this in all necessity be not the due result of our Saviours words ; or if he persist to be otherwise opinion'd , let him well advise , lest thinking to gripe fast the Gospel , he be found in stead with the canon law in his fist : whose boistrous edicts tyrannizing the blessed ordinance of mariage into the quality of a most unnatural and unchristianly yoke , have giv'n the flesh this advantage to hate it , & turn aside , oft-times unwillingly , to all dissolute uncleannesse , even till punishment it self is weary and overcome by the incredible frequency of trading lust , and uncontroull'd adulteries . Yet men whose Creed is custom , I doubt not but will be still endeavouring to hide the sloth of thir own timorous capacities with this pretext , that for all this t is better to endure with patience and silence this affliction which God hath sent And I agree t is true ; if this be exhorted and not enjoyn'd ; but withall , it will be wisely don to be as sure as may be , that what mans iniquity hath laid on , be not imputed to Gods sending ; least under the colour of an affected patience wee detain our selves at the gulphs mouth of many hideous temptations , not to be withstood without proper gifts , which as Perkins well notes , God gives not ordinarily , no not to most earnest prayers . Therfore wee pray , Lead us not into temptation . a vain prayer , if having led our selves thither , wee love to stay in that perilous condition . God sends remedies , as well as evills ; under which he who lies and groans , that may lawfully acquitt himself , is accessory to his own ruin : nor will it excuse him , though he suffer , through a sluggish fearfulnes to search throughly what is lawfull , for feare of disquieting the secure falsity of an old opinion . Who doubts not but that it may be piously said to him who would dismiss frigidity , bear your trial , take it as if God would have you live this life of continence : if he exhort this , I hear him as an Angel , though he speak without warrant : but if he would compell me , I know him for Satan . To him who divorces an adulteresse , Piety might say ; Pardon her ; you may shew much mercy , you may win a soul : yet the law both of God & man leavs it freely to him . For God loves not to plow out the heart of our endeavours with over-hard and sad tasks . God delights not to make a drudge of vertue , whose actions must be all elective and unconstrain'd . Forc't vertu is as a bolt overshot , it goes neither forward nor backward , & does no good as it stands . Seeing therfore that neither Scripture nor reason hath laid this unjust austerity upon divorce , we may resolv that nothing els hath wrought it , but that letter-bound servility of the Canon Doctors , supposing mariage to be a Sacrament , and out of the art they have to lay unnecessary burdens upon all men , to make a fair shew in the fleshly observance of matrimony , though peace & love with all other conjugal respects fare never so ill . And indeed the Papists who are the strictest forbidders of divorce , are the easiest libertines to admit of grossest uncleannesse ; as if they had a designe by making wedlock a supportles yoke , to violate it most , under colour of preserving it most inviolable , and with all delighting , as their mystery is , to make men the day-labourers of their own affliction ; as if there were such a scarsity of miseries from abroad , that wee should be made to melt our choisest home-blessings , and coin them into crosses , for want wherby to hold commerce with patience . If any therfore who shall hap to read this discours , hath bin through misadventure ill ingag'd in this contracted evill heer complain'd of , and finds the fits and workings of a high impatience frequently upon him , of all those wild words which men in misery think to ease themselves by uttering , let him not op'n his lips against the providence of heav'n , or tax the waies of God and his divine Truth ; for they are equal , easy , and not burdensome ; nor do they ever crosse the just and reasonable desires of men , nor involve this our portion of mortall life , into a necessity of sadnes and malecontent , by Laws commanding over the unreducible antipathies of nature sooner or later found : but allow us to remedy and shake off those evills into which human error hath led us through the middest of our best intentions ; and to support our incident extremities by that authentick precept of sovran charity ; whose grand Commission is to doe and to dispose over all the ordinances of God to man ; that love & truth may advance each other to everlasting . While we literally superstitious through customary faintnes of heart , not venturing to peirce with our free thoughts into the full latitude of nature and religion , abandon our selvs to serv under the tyranny of usurpt opinions , suffering those ordinances which were allotted to our solace and reviving , to trample over us and hale us into a multitude of sorrows which God never meant us . And where he set us in a fair allowance of way with honest liberty and prudence to our guard , wee never leave subtilizing and casuisting till wee have straitn'd and par'd that liberal path into a razors edge to walk on between a precipice of unnecessary mischief on either side : and starting at every fals alarum , wee doe not know which way to set a foot forward with manly confidence and Christian resolution , through the confused ringing in our ears , of panick scruples and amazements . Another act of papal encroachment it was , to pluck the power & arbitrement of divorce from the master of family , into whose hands God & the law of all Nations had put it , & Christ so left it , preaching only to the conscience , and not authorizing a judiciall Court to tosse about and divulge the unaccountable and secret reasons of disaffection between man & wife , as a thing most improperly answerable to any such kind of trial . But the Popes of Rome perceaving the great revenu and high autority it would give them , ev'n over Princes , to have the judging and deciding of such a main consequence in the life of man as was divorce , wrought so upon the superstition of those ages , as to devest them of that right which God from the beginning had entrusted to the husband : by which means they subjected that ancient and naturally domestick prerogative to an external & unbefitting judicature . For although differences in divorce about dowries , jointures , and the like , besides the punishing of adultery , ought not to passe without referring , if need be , to the Magistrate , yet for him to interpose his jurisdictive power upon the inward and irremediable disposition of man , to command love and sympathy , to forbid dislike against the guiltles instinct of nature , is not within the province of any law to reach , & were indeed an uncommodious rudenes , not a just power . For if natures resistles sway in love or hate be once compell'd , it grows careles of it self , vitious , useles to friend , unserviceable and spiritles to the Common-wealth . Wch Moses rightly foresaw , and all wise Lawgivers that ever knew man , what kind of creature he was . The Parliament also and Clergy of England were not ignorant of this , when they consented that Harry the 8th might put away his Q. Anne of Cleve , whom he could not like , after he had bin wedded half a year ; unles it were that contrary to the Proverb , they made a necessity of that which might have bin a vertu in them to do . For ev'n the freedom and eminence of mans creation gives him to be a Law in this matter to himself , beeing the head of the other sex which was made for him : whom therfore though he ought not to injure , yet neither should he be forc't to retain in society to his own overthrow , nor to hear any judge therin above himself . It being also an unseemly affront to the sequester'd & vail'd modesty of that sex , to have her unpleasingnes and other concealements bandied up and down , and aggravated in open Court by those hir'd maisters of tongue-fence . Such uncomely exigences it befell no lesse a Majesty then Henry th 8th to be reduc't to ; who finding just reason in his conscience to forgoe his brothers wife , after many indignities of beeing deluded , and made a boy of by those his two cardinal Judges , was constrain'd at last for want of other prooff , that shee had bin carnally known by Prince Arthur , ev'n to uncover the nakednes of that vertuous Lady , & to recite openly the obscene evidence of his brothers chāberlain . Yet it pleas'd God to make him see all the tyranny of Rome , by discovering this which they exercis'd over divorce ; and to make him the beginner of a reformation to this whole Kingdom by first asserting into his familiary power the right of just divorce . T is true , an adultres cannot be sham'd anough by any publick proceeding ; but that woman whose honour is not appeach't , is lesse injur'd by a silent dismission , being otherwise not illiberally dealth with , then to endure a clamouring debate of utterles things , in a busines of that civil secrecy and difficult discerning , as not to be over-much question'd by neerest friends . Which drew that answer from the greatest and worthiest Roman of his time Paulus Emilius , beeing demanded why he would put away his wife for no visible reason , This Shoo , saith he , and held it out on his foot , is a neat shoo , a new shoo , and yet none of yee know where it wrings me ? much lesse by the unfamiliar cognisance of a fee'd gamester can such a private difference be examin'd , neither ought it . Lastly , All law is for some good that may be frequently attain'd without the admixture of a wors inconvenience ; but the Law forbidding divorce , never attains to any good end of such prohibition , but rather multiplies evil . If it aim at the establishment of matrimony , wee know that cannot thrive under a loathed and forc't yoke , but is daily violated : if it seek to prevent the sin of divorcing , that lies not in the law to prevent ; for he that would divorce and marry again , but for the law , hath in the sight of God don it already . Civil or political sin it never was , neither to Jew nor Gentile , nor by any judicial intendment of Christ , only culpable as it transgresses the allowance of Moses in the inward man , which not any law but conscience only can evince . The law can only look whether it be an injury to the divorc't , which in truth it can be none , as a meer separation ; for if she consent , wherin has the law to right her ? or consent not , then is it either just and so deserv'd , or if unjust , such in all likelihood was the divorcer , and to part from an unjust man is a happines , & no injury to be lamented . But suppose it be an injury , the Law is not able to amend it , unlesse she think it other then a miserable redresse to return back from whence she was expell'd , or but entreated to be gon , or els to live apart still maried without mariage , a maried widow . Last , if it be to chast'n the divorcer , what law punishes a deed which is not moral , but natural , a deed which cannot certainly be found to be an injury , or how can it be punisht by prohibiting the divorce , but that the innocent must equally partake ? So that wee see the Law can to no rational purpose forbid divorce , it can only take care that the conditions of divorce be not injurious . But what ? Shall then the disposal of that power return again to the maister of family ? Wherfore not ? Since God there put it , and the presumptuous Canon thence bereft it . This only must be provided , that the ancient manner be observ'd in presence of the Minister , and other grave selected Elders ; who after they shall have admonisht and prest upon him the words of our Saviour , & he shall have protested in the faith of the eternal Gospel , and the hope he has of happy resurrection , that otherwise then thus he cannot doe , and thinks himself , & this his case not contain'd in that prohibition of divorce which Christ pronounc't , the matter not beeing of malice , but of nature , and so not capable of reconciling , to constrain him surder were to unehristen him , to unman him , to throw the mountain of Sinai upon him , with the waight of the whole Law to boot , flat against the liberty and essence of the Gospel , and yet nothing available either to the sanctity of mariage , the good of husband , wife , or children , nothing profitable either to Church or Common wealth . But this would bring in confusion . Be of good cheer , it would not : it wrought so little disorder among the Iews that from Moses till after the captivity not one of the Profets thought it worth rebuking ; for that of Malachy well lookt into , will appeare to be , not against divorcing , but rather against keeping strange Concubines , to the vexation of their Hebrew wives . If therfore wee Christians may be thought as good and tractable as the Iews were , and certainly the prohibiters of divorce presume us to be better , then lesse confusion is to be fear'd for this among us then was among them . If wee bee wors , or but as bad , which lamentable examples confirm wee are , then have wee more , or at least as much need of this permitted law , as they to whom God expresly gave it under a harsher covnant . Let not therfore the frailty of man goe on thus inventing needlesse troubles to it self to groan under the fals imagination of a strictnes never impos'd from above , enjoyning that for duty which is an impossible and vain supererogating . Bee not righteous overmuch , is the counsel of Ecclesiastes ; why shoulàst thou destroy thy self ? Let us not be thus over-curious to strain at atoms , and yet to stop every vent and cranny of permissive liberty : lest nature wāting those needful pores , and breathing places which God hath not debarr'd our weaknes , either suddenly break out into some wide rupture of open vice , and frantick heresy , or els inwardly fester with repining and blasphemous thoughts , under an unreasonable and fruitles rigor of unwarranted law . Against which evils nothing can more beseem the religion of the Church or the wisdom of the State , then to consider timely and provide . And in so doing , let them not doubt but they shall vindicate the misreputed honour of God and his great Lawgiver , by suffering him to give his own laws according to the condition of mans nature best known to him , without the unsufferable imputation of dispencing legally with many ages of ratify'd adultery . They shall recover the misattended words of Christ to the sincerity of their true sense from manifold contradictions , and shall open them with the key of charity . Many helples Christians they shall raise from the depth of sadnes and distresse , utterly unfitted , as they are , to serv God or man : many they shall reclaime from obscure and giddy sects , many regain from dissolute and brutish licence , many from desperate hardnes , if ever that were justly pleaded . They shall set free many daughters of Israel , not wanting much of her sad plight whom Satan had bound eighteen years . Man they shall restore to his just dignity , and prerogative in nature , preferring the souls free peace before the promiscuous draining of a carnal rage . Mariage from a perilous hazard and snare , they shall reduce to be a more certain hav'n and retirement of happy society ; when they shall judge according to God and Moses , and how not then according to Christ ? when they shall judge it more wisdom and goodnes to break that covnant seemingly & keep it really , then by compulsion of la w to keep it seemingly , and by compulsion of blameles nature to break it really , at least if it were ever truly joyn'd . The vigor of discipline they may then turn with better successe upon the prostitute loosenes of the times , when men finding in themselvs the infirmities of former ages , shall not be constrain'd above the gift of God in them to unprofitable and impossible observances never requir'd from the civilest , the wisest , the holiest Nations , whose other excellencies in moral vertu they never yet could equal . Last of all , to those whose mind still is to maintain textual restrictions , wherof the bare sound cannot consist somtimes with humanity , much lesse with charity , I would ever answer by putting them in remembrāce of a command above all commands , which they seem to have forgot , and who spake it ; in comparison wherof this which they so exalt , is but a petty and subordinate precept . Let them goe therfore with whom I am loath to couple them , yet they will needs run into the same blindnes with the Pharises , let them goe therfore and consider well what this lesson means , I will have mercy and not sacrifice ; for on that saying all the Law and Prophets depend , much more the Gospel whose end and excellence is mercy and peace : Or if they cannot learn that , how will they hear this , which yet I shall not doubt to leave with them as a conclusion : That God the Son hath put all other things under his own feet ; but his Commandments he hath left all under the feet of charity . The end . Omitted pa. 19. lin. 28. WHom thus to shut up and immure together , the one with a mischosen mate , the other in a mistak'n calling , is not a course , &c. Omitted pa. 24. lin. 22. Uncertain good . ] This only text not to be match't again throughout the whole Scripture , wherby God in his perfet Law should seem to have granted to the hard hearts of his holy people under his own hand a civil immunity and free charter to live and die in a long successive adultery , under a covnant of works , till the Messiah , and then that indulgent permission to be strictly deny'd by a covnant of grace , besides the incoherence of such a doctrin , cannot , must not be thus interpreted , to the raising of a paradox never known till then , only hanging by the twin'd thred of one doubtfull Scripture , against so many other rules and leading principles of religion , of justice , and purity of life . For what could be granted more either to the fear , or to the lust of any tyrant , or politician , then this autority of Moses thus expounded ; which opens him a way at will to damme up justice , and not only to admit of any Romish , or Austrian dispences , but to enact a Statute of that which he dares not seem to approve , ev'n to legitimate vice , to make sin it self a free Citizen of the Common-wealth , pretending only these or these plausible reasons . And well he might , all the while that Moses shall be alleg'd to have don as much without shewing any reason at all . Yet this could not enter into the heart of David , Psal 94. 20. how any such autority as endeavours to fashion wickednes by law , should derive it self from God . And Isaiah lays woe upon them that decree unrighteous decrees , 10. 1. Now which of these two is the better Lawgiver , and which deservs most a woe he that gives out an Edict singly unjust , or he that confirms to generations a fixt and unmolested impunity of that which is not only held to be unjust , but also unclean , and both in a high degree , not only as they themselvs affirm , an injurious expulsion of one wife , but also an unclean freedom by more then a patent to wed another adulterously ? How can wee therfore with safety thus dangerously confine the free simplicity of our Saviours meaning to that which meerly amounts from so many letters , whenas it can consist neither with his former and cautionary words , nor with other more pure and holy principles , nor finally with the scope of charity , &c. 
A53190	----	A dialogue of polygamy, written orginally in Italian rendred into English by a person of quality ; and dedicated to the author of that well-known treatise call'd, Advice to a son. Ochino, Bernardino, 1487-1564. This text is an enriched version of the TCP digital transcription A53190 of text R9210 in the English Short Title Catalog (Wing O126). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 144 KB of XML-encoded text transcribed from 87 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A53190 Wing O126 ESTC R9210 13539620 ocm 13539620 100063 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A53190) Transcribed from: (Early English Books Online ; image set 100063) Images scanned from microfilm: (Early English books, 1641-1700 ; 469:1) A dialogue of polygamy, written orginally in Italian rendred into English by a person of quality ; and dedicated to the author of that well-known treatise call'd, Advice to a son. Ochino, Bernardino, 1487-1564. [22], 89, 61 p. Printed for John Garfeild ..., London : 1657. "A dialogue of divorce": 61 p. at end. Attributed to Bernardino Ochino. Cf. BM. Reproduction of original in Cambridge University Library. eng Divorce -- Early works to 1800. Polygamy -- Early works to 1800. A53190 R9210 (Wing O126). civilwar no A dialogue of polygamy, written orginally in Italian: rendred into English by a person of quality; and dedicated to the author of that well- Ochino, Bernardino 1657 26772 115 0 0 0 0 0 43 D The rate of 43 defects per 10,000 words puts this text in the D category of texts with between 35 and 100 defects per 10,000 words. 2003-12 TCP Assigned for keying and markup 2003-12 Aptara Keyed and coded from ProQuest page images 2005-02 Melanie Sanders Sampled and proofread 2005-02 Melanie Sanders Text and markup reviewed and edited 2005-04 pfs Batch review (QC) and XML conversion A DIALOGUE OF POLYGAMY , Written Originally in Italian : Rendred into English by a Person of Quality ; and Dedicated to the Aut●or of that well-known Treatise call'd , Advice to a Son . LONDON , Printed for Iohn Garfeild , at the Rolling-Press for Pictures , neer the Royal Exchange in Cornhill , over against Popes-head Alley , 1657. To that ingenious , judicious , free-spirited Gentleman , the Authour of that well-known Book , lately published under the Title of , Advice to a Son . Worthy Sir , HAving rendred this short Discourse of Polygamy into English , I could not devise to whom , I might more fitly Dedicate the same , than to your ingenious and free-spirited Self ; and in and by You , to all other Gentlemen of like Noble and manly temper , so much ( and that deservedly ) magnified by * Charron , as a principal accomplishment of that Wise-man , whom he so excellently describes . For indeed , this Treatise requires such Readers . As for Paedantic and vulgar Spirits , I warne them to stand a loof , lest they breake their shins upon it , make sowre faces , and hail upon the Authour a thousand Censures and Reproaches , part of whose burthen , I am like to bear , for teaching him to speak English . Yet the Discourse it self , asserts nothing , positively determines nothing ; only , the chief and most considerable , if not all , the Texts of holy Scripture , and Arguments from Reason , and the Lawes and Customes of Nations , that have been , or can be brought for , or against Polygamy , are urged and Answered interchangeably , by the two Persons of the Dialogue ; and the Authour being one , is a stiffe Pleader for Monogamy , & fighter against Polygamy . The Point it self is left free and undetermined , to the understanding & conscience of the serious and judicious Reader : And therefore , I know not why any discreet person , ( what ever he thinks of the Point ) should find himself offended at this Discourse : But that , as it was publickly printed , and vended at Basil , a renowned Protestant City , in Switzerland , in the year 1563. so it may in our famous London , without offence to a judicious Reader : And the blessing of God , Almighty and only Wise , go along with it , Amen . Daphnis and C●●oe ; A most sweet and pleasant Pastoral Romance for young Ladies . By George Thornley G●nt . Sold by Ioh● Garfeild at the Printing presse for Pictures in Cornh●l , near the Royal Exchange , over against Popes-head-alley . THE STATIONER TO THE READER . Courteous Reader , I Desire thee to take notice , that by Polygamy or Plurality of wives , handled in this Treatise , is not meant that base practise of certain impudent , sharking rogues , whose manner is , to marry a Wife in one City or town , and devoure her Substance , and abuse her Body , and then run away to some far distant place , and marry another , leaving the first , with popoverty , shame , and , it may be , a great Belly to boot ; to be sure , sorrow enough , at Weeping Cross : & when they have served a second , wth the like ●oursauce , They remove their Quarters & make bold with a third , till the Gallowes catch them . For such hard-hearted and injurious Rogues and vagabonds , are by the Laws of this Nation to be punished wth death , & that ( I conceive ) more justly then common thievs & robbers . But the Subject Question of this Treatise is , Whether he that ( if the Law of the Land gave way ) should with the Consent of his first Wife , upon just grounds and reasons marry a second , being able to provide sufficiently for them & their children , and living with them as becomes a Man and an Husband : The Question I say of this Treatise , is , Whether this Man in so doing , should offend against any Law of God in the holy Scriptures recorded , or against the Law of Nature and right Reason , implanted by God in the Hearts of mankind . Read the Treatise soberly and impartially , as in the fear of God , and pray that he will give thee understanding in all things , Farewel . Thine to serve thee , John Garfield . An Advertisement to the Reader , touching the Author of these following Dialogues , concerning Polygamy and Divorce . Friendly Reader , THe Author of these following Dialogues Bernardinus Ochinus by name , was born at Siena , a City of Tuscanie , a Province in Italy . He was bred a Fryar as Luther was , and having a good industrious wit , proved an excellent Scholar ; and in process of time , God so opened his eyes , that he discovered the Impostures & Idolatries of Popery , and thereupon left his Covent and the Romish Church together , and fled to , and sojourned for his safety and further edification among the reformed Churches of Switzerland , & Geneva . He wrote divers ingenious and acute Treatises , by way of Dialogue , in the Italian tongue , for the greater profit of Countrymen , whose edification he rather aimed at than to make ostentation of his own learning , and parts by delivering himself in Latin . His Dialogues touching Predestination , were long ago rendred into English , and published in print , which I remember I have seen in the old English Character , printed I guess about the beginning of the Reign of of Q. Elizabeth , if not in the daies of K. Edward , for I have not the Book by me . After his forsaking the Papacy , he entred into the state of marriage , as Luther likewise did . If these Dialogues here presented , shal be gently accepted , possibly thou mayest receive hereafter some other Pieces of his ; if any shall be thought serviceable for thee . Mean while , Farwel and enjoy what thou hast , soberly , and thankefully . A DIALOGUE OF Polygamy . Between Telypoligamus and Ochinus . I Desire your advice ; which because I conceive you are both able and willing to afford me : therefore it is I address my self unto you . Och. I am indeed willing , provided it be within the reach of my understanding and ability . Tel. In the first place , I beg of you , That you will faithfully promise to keep my Counsel . Och. I am content , if I may do it , without dishonouring God . Tel. I have a Wife not suitable to my minde , so that I cannot love her , and as far as I can perceive , she is both barren , and unhealthful ; and I finde my self so disposed , that I cannot want the Company of a Woman : also I desire to have Children , both for Posterities sake , and that I may instruct them in the fear of God . I could indeed keep a Concubine or two , but my Conscience will not suffer me : also I could falsly charge my Wife with Adultery , and so put her away ; but in so doing , I should both offend God , and blemish mine own , and my Wives reputation , which I will not do . I could also poyson her , which is a thing I abhorre . But a thought is come into my minde , to take another Wife , so as to keep her that I have already , notwithstanding ; and I conceive God has put this into my minde , and that I am thereunto called by him : my desire therefore is , that you will tell me whether , according to the word of God , I may lawfully do it . Och. In doubtful cases 't is fit to take advice , but the case is clear , that a man ought not to have more Wives then one , because the condition of Mariage is such , that it cannot be between more then two . Tel. How can you make that appear ? Och. God at the beginning made out of Adam , only one Woman , and gave her to him ; signifying , that he ought to have but one and that Matrimony ought to be only of two persons . If he would have had a Man to have more Wives , he would doubtless have made him more , especially at the beginning of the World , when propagation was more necessary , then ever afterwards . Tel. I conceive , this Argument is of small validity . God gave to our first Father Adam one Wife , therefore it is unlawful for any man to have more . Och. If it had been the will of God that he should have more , he would have given him more , especially in that state of perfection , wherein he was pleased to put him . Tel. A bare act of God , without any precept added thereunto , does not obliege us to imitate the same ; for if so , then we are bound to weare Coats of Skin , because God so cloathed our first Parents , and it were unlawful to wear Cloth or Silk . For your Argument would alwayes be of force . God cloathed them with Skins , and he could have cloathed them with Cloth or Silk , if it had been his pleasure , that men should be so cloathed . If an Act of God alone do bind us as much as a precept , so that Gods giving Adam one Wife only , were as much in effect , as if he had said to him , I will and command , that every man have one only Wife ; it would follow , that not only it should be unlawful for a man to have more Wives then one , but that every man that did not take a Wife , it being in his power so to do , should sin , which is contrary to the Doctrine of St. Paul . Och. You must understand , that Paul is not contrary to God . For in that , God gave only one Wife to Adam , it was all one , as if he had said , I would not have a man to have more Wives then one , and it is my pleasure , that he have one , unless I shall call him to a single life , and give him the gift of Chastity , and that is the intent of Paul . Tel. And I for my part must say , that when God gave Adam one Wife , it was as if he had said , It is my pleasure , that a man shall have one Wife ; if either he want the gift of continency , or I shall call him to a married condition . It is also my pleasure , that he shall have no more ; unless he stand in need of more , or I shall call him to more : which is at this time my condition , who stand in need of , and am called to marrie another . Och. That a single life is pleasing to God , the word of God shewes ; but we are not thereby taught , that he is pleased , Men should have more then one Wife . Och. Nay verily , both Gods word , and the Saints example , do reach the same , as we shall shew by and by . But go to ; suppose , it had been Gods pleasure , that every man should have so many Wives , as it was possible for him rightly to govern , and instruct together with their Children : how many Wives must he have given Adam , thereby to signifie his pleasure in this point ? Och. You suppose that which cannot be , seeing the having more Wives than one , is repugnant to true Matrimony . Tel. You have not yet made it clear to me , that to have more Wives then one is repugnant to Mariage , otherwise then by saying , that God gave one to Adam , Let us now suppose he had given him more ; doubtless , from that first Institution you could not prove , that a man ought not to have more ; nay , it would follow of necessity , that a man might have more . How many Wives therefore in such a case , had it been necessary for God to give Adam , to signifie his pleasure in this point ? Och. Two would have been enough . Tel. Now then , if that Action of his had bin a praecept , as you say , it would have bin unlawful for men to have had more or less then two Wives : which nevertheless , would not have been answerable to his will , seeing his intent was , that they should have as many as they could govern . We must therefore confess , that by a bare act of God : no command being added , we are not obliged to the imitation thereof . Otherwise it would be sin for a Minister to celebrate the Lords Supper , unless the Communicants were just so many in number , as the Apostles of Christ were , when he instituted the same . Och. Although it does not necessarily follow , that because God gave one Wife to Adam , therefore it is unlawful for a man to have more ; yet is it doubtless , a very probable Argument , to perswade , & urges strongly , though it be not altogether compulsive . Tel. Nay verily , it urges not at all : since it may be said , that God gave one Wife to Adam , not to shew that his will was , that every man should have but one Wife ; but that the rest of man-kind being born as well of one Mother , as one Father , might love one another so much the more : also that Eve being made of the Rib of Adam , might be a figure of the holy Church , the onely Spouse of Christ . Och. Go to , let us come unto the words of the Text . Do you not think that Adam was moved by divine instinct , when he said ; For this cause shall a man leave his Father , and Mother , and cleave to his Wife ? Tel. Without doubt . Och. Do you not see how , in saying , he shall cleave to his Wife , ( not , Wives ) he teaches us , that a man is to have but one ? Tel. Very good , when God commands a man to love his Neighbour , does he oblige him to love one or more ? Och. All that are his Neighbours . Tel. That 's false ; for he sayes , Thou shalt love thy Neighbour , not thy Neighbours ; and therefore whoever loves one of his Neighbours , has fulfilled that Command . Och. Christ , when he said , Thou shalt love thy Neighbour , spoke it in this sense , as if he should ha●e said , Thou shalt love every one that is thy Neighbour . Tel. So likewise Adam , when he said : he shall cleave unto his Wife , did intimate , that he should cleave unto every one that shall be his Wife ; And therefore 〈…〉 not be proved by those wor●s , that it is unlawful for a man to have more Wives then one . Och. But what will you say to those following words of his : and of them twain shall be made one flesh ? for he does not say , of three or four . From these words it is doubtless manifest , that God would not have Marriage to be made between more then two . Tel. Adam sayes not , that of them two shall be made one flesh ; but , they shall be made one Flesh . Och. But that was his meaning , as plainly appeares from the words of Christ , who citing the said speech , sayes , that God by Adam declared , And they two shall be one Flesh , adding moreover , this following clause : They are no longer two , but one Flesh . Tel. It is as if he had said , The Husband shall love every one of his Wives , as if she were the same flesh , and the same body with him ; and so likewise , shall every Wife love her Husband . Och. But God said , they two shall be one : therefore there cannot be three or foure . Tel. You were in the right , if he had said , They two ( only ) shall be one . And therefore , as this Argument is of no force ; Christ said , If two of you on Earth shall agree about a thing , they shall obtain what they aske : therefore if three or foure shall agree they shall not obtain the same : so is this no good inference ; God said , They two shall be one Flesh : therefore if there be three , it is no true Marriage . Och. It is impossible for more then two , to become one flesh . Tel. In the primitive Church , there were not only two believers , but they were in great numbers , having nevertheless one soul , and one mind ; and you believe , if a man had divers Wives , he could not become one flesh with them . If a man , while he cleaves unto an Harlot , becomes as Paul sayes , one body with her , although he have a Wife , should he not much more become one flesh with her , if he should make her his Wife ? Och. Say what you will ; To have more then one Wife , is a thing filthy , dishonest , and quite contrary , and destructive to the holy State of Matrimony . Tel. And yet you know , that Abraham had more Wives then one ; as also David , and many other men under the old Testament ; who , in case it had been unlawful for them , to have more then one Wife , they should have sinned in marrying divers Women ; and the Children which they had by all their Wives , excepting the first ; should have been Bastards , because not begotten in lawful Matrimony . Och. I will sooner grant all that you have said , then I will allow , or grant it lawful for one man to have more then one Wife . Those Ancients were holy men ; yet did they sometimes sin . They were sinners , as being born of Adam , as appeares in the example of David ; and they should have deceived themselves , if they had denyed themselves to be sinners . Tel. That they sometimes sinned , I shall easily grant ; but I will never yield , that they continued in their sins , till their day of death : which nevertheless they did , in case it was unlawful for them to have divers Wives . Whence it would follow , that they were all damned , as those who die while they keep a Concubine . As for us , we cannot hold them for Saints , seeing we know not for certain , that they ever repented . When David had committed those same Acts of Adultery and Murther , because he was one of Gods Elect , God sent his Prophet to him , to reprove him : as also when he numbred the People , contrary to the Command of God . Credible therefore it is , that if to have divers Wives , had been contrary to the Law of God , God would have used the like proceedings towards him , that he might not be damned . But though you read the whole Bible over , you shall never finde , that God has forbad the having of divers Wives . And yet , if it had bin a thing unlawful , Moses would never have dissembled the matter . Moreover , the Scriptures tell us , that David was a man after Gods own heart , and that he was obedient to all the Lords Commandements , all his life long , save in the matter of Vriah . So that had it been a sin to have divers Wives , seeing that also had been sufficiently known , the Authour would have ●●cepted it , or he must doubtless , make himself a lyar ; by saying , that David committed only that sin of Homicide , under which his Adultery is comprehended . Again , how could that be true , which God said to David , when blaming him for his unthankfulness he told him , that he had given him many Wives ? which questionless , must have bin all Whores , except the first , and so it had not bin God , but the Devil that gave them unto him . Moreover , you shall finde , that God made a Law , that if any man had two Wives , the one beloved , the other hated ; and had by them divers Children , the eldest of which , was the son of the hated Wife , it should not be allowed the Father , to make the Sonne of his beloved Wife his Heire . Now it might fall out , that the beloved Wife might be his first Wife , and so it should come to passe , that though the Husband had Children by the latter , sooner then by the first , yet they should be Bastards , if your opinion be true , and born of an Whore , and therefore ought not to be Heires . It is therefore clear by the word of God , that all the Children are legitimate , though sprung from divers wives by one and the same Husband ; and that therefore not only the first , but the following marriages are lawful , seeing God did both approve and blesse them , in those holy men the first Fathers of the world . Och. The first thing , which you say follows from my opinion , that all which died having many wives should be damned . I answer : If they are dead not having divorced all save their first wife ; or without repenting of their sin , they are all damned . But as many of them as are saved did repent and put away all but their first and lawful wife . Tel. But , it is not apparent , that ever any did that ; and yet if your opinion were true , mention ought to have been made thereof in the holy Scriptures , that we might know and understand , That to keep divers wives , is an abominable thing . Och. It was already known , ●hat men ought not to have more wives then one , because God had commanded that the Husband and the wife , should of two become one-flesh . Tel. It is not likely that it was unlawful to have divers wives , and that the unlawfulness thereof was known , and Abraham , and Iacob , and David , and other worthy persons like them , should nevertheless marry more wives then one . Och. That 's a good one ! As if many holy men in ancient times did not sin , though they knew what they did , was unlawful . Tel. But they did not continue to their lives end in those sins , as those that married more wives then one , did . Och. I told you before that if they were of the number of Gods Elect , they did at last repent . Tel. But we ought no longer to reckon the Patriarchs for examples sake to be Saints , seeing we are assured that they sinned in having many wives ; but we are not assured of their repentance . Och. True , unlesse the word of God assures us that they were Saints : as we know ( for example sake ) Abraham , Isaac , and Iacob to be Saints , because Christ said , that many should come from the East , and from the West , and sit down with Abraham , Isaac and Jacob , in the Kingdom of Heaven . Now , I conceive , that as Moses because of the hardness of their hearts , suffered the Jews to put away their wives without just cause , so for the same cause he suffered them to have sundry wives , that is to say , he did not forbid or hinder it , nor punish the same by any Law enacted in his Common-wealth . But it follows not therefore , that they did not sin in Gods sight , and that they did not deserve punishment unlesse they repented . Tel. That thing is permitted , which is neither punished , nor hindred , nor forbidden . Truly , I will not say Moses sinned , if to avoid a greater evil , and to comport with the hardness of the Jewes hearts , he permitted them to have divers wives ; that is to say , he did not punish or hinder them . But if he permitted them so as not to forbid them , I cannot but say , he sinned . For Moses ought to have expresly forbidden , that any man should have more then one wife : which because he has not done , we must needs confesse that it is not a thing unlawful . Och. The having of many wives , was then ( as it is now ) so apparently filthy , dishonest , and vitious , that it was needless for Moses to forbid the same . Tel. And was it not apparent , that Adultery was a thing filthy , dishonest , vicious ? yea , much more then the having of many wives , and yet he expresly forbad adultery . But in case it had been unlawful to have many wives , he ought to have forbidden that , so much the more expresly , by how much the unlawfulnesse thereof , was lesse manifest then the unlawfulnesse of Adultery was . Is it not a clear case , that Homicide is unlawful , and yet he forbids that . In a word , What are the ten Commandements , but an Expression of the Law of Nature ? Och. It may be said , that God might remit the transgressions against the second Table , because he is above , not only all Creatures , but his own Law : and peradventure he might remit the same to all mankind born before the death of Christ ; and consequently be willing , that they might have more wives then one , without sin . And so it comes to pass , that those under the Old Testament that had many wives , did not sin ; and under that consideration , God might give many wives to David . Though it may also be said , that he gave them to him , that is , permitted him to have them , in as much as he neither hindred , nor punisht him . Tel. That it is unlawful to keep more wives then one , if your opinion be true , is clear from the word of God , who said , that two should be made one flesh ; but that God did so far remit of his Laws , that men should not sin in having more , does not appear in the word of God ; that opinion therefore of yours , has no foundation . Och. If you consider well , you shall finde that Lamech a very wicked man , was the first that had two Wives . Other holy men that preceeded him , knowing the will of God , had onely one a piece . Tel. As if that Abraham , Isaac , and Iacob , were not more holy then those very men you speak of . But , in the first place , I cannot tell how you came to know that Lamech was the first man that had two wives , although he be the first man whom the Scripture mentions to have had two . But as this is a vain Argument , The Scripture no where mentions , that Cain had more then one Son ; therefore , doubtlesse he had no more : so , as vain is this which follows : It is no where in Scripture recorded , that those men that lived before Lamech , had more wives then one : therefore none of them had above one wife . Moreover , where it is said , that Lamech had two wives , it is not charged upon him as a sin , but seems rather to be set down as a thing pleasing to God , that a man should have more wives then one , seeing by them he gave Lamech such ingenious Sons , as proved the inventors of Arts , both delightful and profitable . Neither can I see how you came informed , that Lamech was so wicked a man , as you talk of . Och. God plagued him , by suffering him to fall into the sins of murther and desperation , only because he had married two wives . Tel. But I cannot see , either that he was a murtherer or fell into despair ; neither does the Scripture teach any such thing , if it be rightly interpreted : Or if the Scripture had intimated any such thing , ( which I do not grant ) yet does it not thereby appear , that God suffered him so to slip , because he had married two wives . Och. But we may conjecture , that his having two wives displeased God , seeing his murther is presently after mentioned . Tel. In the first place , I have already told you , that by the words of that Text , if they be rightly understood , there is no signification made , that either he was a man-slayer , or in desperation ; and if such a thing were intimated , it does not therefore follow , that his plurality of wives was the cause thereof , or that God was offended with him therefore ; inasmuch as presently upon the mention of his two wives , he commends their Sons , as if he would give us to understand , that he approves of plurality of wives . Add hereunto , that nothing ought to be affirmed or avouched in the Church of God , as necessary to salvation , if it cannot otherwise be known , save by conjectures only . Och. Seeing I cannot convince you out of the old Testament , I will try what I can do from the New . Tel. You are in an errour if you think the Old Testament is not sufficient to teach us all things necessary to salvation . If therefore that be the cause you betake your self to the New , you are deceived , seeing as Paul writes , All Scripture of Divine insp●ration is profitable for reprehension , correction and instruction , in righteousness , that the man of , God may be made perfect , furnished for every good work . Now clear it is , that Paul in that place speaks of those Scriptures , in which Timothy was exercised from a child . And because the new Testament was not then written , you must be forced to confesse , that Paul in that place speaks of the Old. The old Testament therefore is profitable , not only to assert the truth of such things as are necessary to salvation , but also to confute falsities : and consequently to render a man perfect . For which cause , Christ ●peaking thereof said , Search the Scriptures for in them is fou●●d 〈◊〉 life . Och. Perhaps somethings are forbidden to us in the New Testament , which were not forbidden to them in the Old. Tel. In moral matters , verily what ever is unlawful and to us forbidden , was in like manner evermore forbidden to them ; and whatever was allowed and commanded to them , the same is in like manner allowed and commanded to us . God was equally Author of the old Testament as well as of the New ; nor was he ever contrary , or unlike himself . Och. That was allowed to those under the old Testament , because of their imperfection , which is not allowed to us , in whom carnal desires ought to be much more mortified . Tel. You take that for granted which you have not proved , viz. That it is unlawful to have more wives then one . Moreover , you are deceived , if you think , that it is a bad thing to have one wife , but worse to have two ; For as the Act matrimonial , in him that has one wife , is a thing not in it self evil , nor repugnant to those actions , that are necessary to salvation : no more is it to have two wives , provided a man have a call from God to mary them , and be moved , not by the impulse of the flesh , but of the Spirit , that he may have children , and bring them up in the fear of God ; his wife likewise doing the same . Whence it follows , that he may be as perfect that has two wives , as he that has but one or none . Nor had Abraham , because he had divers wives lesse Faith , Hope , or Charity , then Priests , Monks , or Friars that have none . Conjugal Chastity , is as well the gift of God , as that of a single State , For this cause Paul said , Every one is endued with his own gift from God , some one way , some another . Och. In that place , the Apostle exhorted the Corinthians to a single Life , and that for no other cause , but that a married estate has many incumbrances attending the same : in as much as married people , being intangled with worldly affairs , are not so free to pray , and preach up and down , and do good to others , as single people are . Now , if so be the having of one wife , do bring so many impediments , any one may soon conjecture , what the having of divers wives will do . And therefore to have more wives then one is unlawful . Tel. You are in an error if you think , that the mind of Paul in those words was , that marriage was a stop to mens journey to Heaven , so that married people could not be saved ; For then that which God said , would not be true , viz. That it was not good for a man to be alone ; but it would rather be an excellent thing to be alone ; and to marry a wife , the worst thing in the world , because in so doing a man should sin . Moreover , I a●d , that not only a married man may be saved , as well as a Bachelour , but be as perfect as he , inasmuch as he may attain as gre●t perfection in Faith , Hope , and Charity as the other . And i● he cannot personally performe some externall works which the single man can , as hindred by his married estate , yet he may in mind perform the same , and that is it which God regards . Och. Though Matrimony do not hinder a man from going to God ; yet the having of more wives then one , does . Tel. How prove you that ? Och. From Paul , who speaking of Bishops , sayes , he would have them to be the husbands of one wife , meaning that they should have no more . It is therefore unlawful to have more wives the● one . Tel. Nay rather when he tell●s them , by name , that they should have one , lest having more , they should be too much distracted with worldly businesse , 't is easie to see that he allows other men to have more . Och. Some do thus interpret the mind of Paul , A Bishop is to have but one wife , that is ( say they ) one Church for his spiritual Spouse . Tel. Many reasons shew that to be a false opinion . First , because Christ only is the Spouse of Souls and Bridegroome of his Church . And if we that are ministers be his friends , we ought with Iohn Baptist , as the friends of Christ , the only true Spouse of Souls , to send them to him their Bridegroom : and not to draw them to our selves . The Churches therefore of Christ are not the Bishops Spouses . And if they were , as the Husband is superiour to his Wife , so should they be to their respective Churches , against which Paul writes to the Corinthians , where he sayes , We are not Lords over your faith , or over you , by reason of your Faith . The Church therefore is not Pauls Wife . I confess indeed , that one Church is enough for one Pastor , and he does no small matter , if he can govern that well . In the ancient times of Christianity , one Church sometimes had divers Pastors , as appeares from the Epistle to the Philippians , in which Paul salutes the Bishops , which were at Philippi : whereas now a dayes one Bishop has many Churches . Moreover , when Paul sayes . A Bishop ought to have one Wife , he speaks of the manners of him that was fit to be a Bishop . But if he be yet to be chosen , he is no Bishop ; and therefore has no Church as yet , that might be called his wife . Hereby also it is manifest , that by Wife , he did not mean Church , because presently almost after those words , he makes mention of his Children , commanding that he govern his Family well , and have his Children subject to him , with all Reverence . For if a man cannot govern his own Family , how can he oversee the Church of God ? In that place there●ore he speaks of a Wife , and not of a Church . Och. Some say , that Paul in that place , forbids such men to be cho●en Bishops , who have had divers Wives , though not at one and the same time . Tel. But I do not conceive , that Paul counted it sin after the death of a mans first wife , to take a second ; for as much as he himself sayes , that after the death of the Husband , the wife is free , and may without blame marry another . So far is it from being unlawful for a man , after the death of his wife , to marry another . Och. They say , 't is a shameful thing , when a mans first wife is dead , to marry another . Tel. If you weigh the matter rightly , and follow not the Opinion of the blind vulgar people , you shall finde that the matrimonial Act , is as free from turpitude , as the actions of eating and drinking ; nor would God have commanded Matrimony , if it had bi● evil , which nevertheless he did , when he said , Increase and propagate . Och. I condemn not matrimony ; but the Iteration ▪ or Repetition thereof . Tel. The second Matrimony , is as true a●d valid as the first ; and therefore you cannot condemn the Iteration of Matrimony , but you must withall , condemn Matrimony it self . Take an Example . A young man marries a Wife , she dies a few dayes after , he is somewhat incontinent , or is again called to a married condition : who knowes not , that he according to the Precept of Paul , seeing he cannot contain , ought to take another Wife . Och. Unless second Mariages were filthy , and unlawful , Paul would never , speaking afterwards of Widows , have commanded such to be chosen , as had only one Husband . Tel. Think you that Paul was superstitious ? Och. I do not think he was . Tel. If a young Widow , somewhat incontinent , had asked Pauls advice , what think you Pauls answer would have bin ? Och. That she should marry again , according to his own Doctrine . Tel. It is not therefore unlawful to marry again . Why then should Paul reject such Widows , as had had more Husbands then one ? for it was possible that some Widow having had divers Husbands , might be more holy and honest , then they which had had but one . Also it might fall out , that she which had had divers Husbands , might live but one year with them : whereas the rest that had never had more then one , might have lived with him , thirty or forty years . In such a case truly , I cannot see why they should be more worthy to be chosen then she . I do therefore believe , that the mind of Paul in that place was this , that such Widows were not to be chosen that had had many Husbands , that is to say , who being divorced , had married again : their former Husbands who divorced them being yet alive . For either they were divorced upon a just ground , and then it was not fit they should be chosen ; or upon an unjust ground , and so the Matrimony remained good , having never bin violated and then the divorced woman had sinned , if she married to another . By which meanes it came to passe , that all women divorced were infamous , not only such as married to other men ; but such likewise as abstained from Mariage , especially amongst the Gentiles , who were not wont to divorce them ; save for some fault or vitious quality . Paul therefore did never condemn those Women , who their former Husband being dead married another , nor did he forbid them to be Bishops , who their former Wi●e being dead , married another , which notwithstanding , the s●perstitious Papists observe , because they understood not t●e meaning of Paul . Though a man have kept divers Wh●res , they make him a Bishop ; but if his first Wife being dead , he marry another , they will not : whence it comes to passe , that Matrimony amongst them is of worse report , then Fornication , Adultery , Incest , Sacriledge , Sodomie , and all imaginable abominations . This is therefore the mind of Paul ( and this will make the third opinion ) as has bin said of Widows , that he who has had divers Wives , because he divorced one● ought not to be made a Bishop . For if he divorc't her unjustly , he ought not to be a Bishop in that regard ; if justly , yet the Infamy of his wife , redounding upon himself ; for that cause Paul would not have him be a Bishop . Howbeit , I like not this Opinion ; for he does not say , he must have bin , but that he must be the Husband of one wife : for he sayes , he must be unblamed , viz. as the Husband of one Wife : as he expressed it a little afterwards , touching Deacons , and writing to Titus about Bishops . Och. Because a Bishop , in regard of the publick Office he beareth ; as also the Deacons , have to do with all persons , not only with Men , but also with Women ; to avoid suspicion , Paul would that they should be married ; and this perhaps might be the meaning of those words . Also , it may be , that Paul foreseeing the Superstition of the Papists , who would forbid the Mari●ge of Bishops , that they might be without excuse , he said , they ought to be blameless , and to have a wise ▪ but that they should have no more then one , he did not say . Or he shewes , that a Bishop ought to have a wife , that is , he ought to be content with her , and not to have any thing to do with other Women , which is , as if he had said , that he ought to be honest . Tel. The mind of Paul is this , that it is lawful for the generality of Christians , to have many Wi●es ; but for Bishops to have only every man one , not because it had bin a sin for them to have more ; but because the duty of Bishops being to labour for the salvation of others , he feared lest multiplicity of Wives should be a pul-back , and hinder them from performing their Office , as they ought to do . For this cause he would have them to have but one : nor is it therefore unlawful for other men to have more . Yea verily , while he forbids Bishops and Deacons to have more then one , he closely allowes it to other men . Nor is it likely Paul would have forbidd●n Bishops to have more Wives then one , had it not bin the Custom of those times for them to have more . It was therefore in the new Testament forbidden to Bishops to have many Wives , as it was in the old Testament forbidden to Kings ; not because it was in it self unlawful , but lest Kings , whose Office was of greatest consequence , being distracted by their Wives , should be corrupted , as it happened to Solomon ; for if Adam , when he had but one , was notwithstanding perverted by her , 't is easie to conjecture what might happen to Kings , if they should have many . Yet do I believe nevertheless , that as in the same place he forbad Kings to have many Horses , that is too great a multitude , least he should put his trust in them , rather then in God ; for otherwise they were allowed to have many Horses ; even so , they were 〈◊〉 forbid to have many Wives , seeing David a most holy man , had many ; but that they should not have an immoderate multitude , especially such as were Heathens , and Worshippers of false Gods . To return therefore to our business , 't is not credible , that Paul feared , lest Timothy should choose for Bishops , such as were Gentile's or Iewes , not baptized . There were therefore in the Church of Christ , and among the Christians , such as had more wives then one . And because from among them a Bishop was to be chosen : he would not have him choose one that had divers wives . But if to keep more wives then one , had bin contrary to the Law of God , as you say it is , and the first Wife only were right and true , the rest Harlots : 't is not credible , that the Christians would have baptized any one that had plurality of wives , unless he had put away all saving his first . And if that had bin the practise , it had bin in vain for Paul to command , that he that was to be chosen Bishop , should be the Husband of one Wife , seeing Christians out of the number of whom the Bishop was chosen , had but each of them one a peece . But this I much marvail at , that many who have sometimes written and do believe , that to have more Wives then one , is repugnant to the divine Law , both moral and natural , and yet in expounding Paul , they say , that he writing to Timothy , warns him to take heed , that he choose not a Bishop that had plurality of wives ; whence it follows , that seeing Election was not to be made of any out of the Church of God , that there were in Gods Church such as had more wives then one ; and consequently , counted it not unlawfu●lt have more . Otherwise , if they had counted it unlawful , as they did not Baptize , or admit unto the Lords Supper any man that kept a Concubine , unless he would forsake her : in like manner they would not have Baptized , nor admitted to the Supper , nor suffer'd amongst them such as had many wives , unless they would divorce all save the first . Och. But what do you say to Paul who wills and commands , That every man should have his own wife ? for in saying his own wife he excludes wives . Tel. Some say , his meaning is , Let every man have his own wife ; that is , his own , not another mans : and nor , only one . As if some Father making shew of his Daughter , should say , This is my own Daughter ; not denying that he has more Daughters , that are likewise his own . Och. In the same place the same Paul commands , That the Wife have her own proper Husband , that is to say , such a Wife as is proper to him alone , and not in common with other wives . Whence it follows , That as a woman ought to be proper to her husband , and not to belong to other husbands : so the man ought to be appropriated to his first wife , and not common to others : provided , you will ( as you ought ) expound the words of Paul , so as he may not contradict himself . Tel. Paul does not there dispute , whether an husband may have plurulity of wives , or no ; but his intent is to shew , that such men as have not the gift of continence , should take them wives ; and that women in the like case should marry . Och. Is it possible that you should not see , that plurality of wives , is repugnant to the matrimonial contract , in which the man grants his wife , and the woman her husband , an honest use of their respective Bodies for ever ? For which cause also Paul sayes , That neither the man nor the woman have power over their own Bodies , but each of one anothers . And in case a man have given the honest use of his Body to his wife , he can no longer give it to another , because he has already given it to the first . Tel. Yes , by the permission of the first he may , as Abraham did , when by the permission of Sarah , he married Hagar , and consequently by permission of the first and second , he may marry a third , which is true of other men as ●ell as Abraham : especially the wives being instructed that it is ●o sin for their husbands , with their consent to marry other wives . Och. Do you believe , that David when he married Bathsheba , did it with consent of his other wives , and that others who married divers wives , did so likewise . Tel. Suppose they did not , yet were not their marriages the less true and lawful . For it was then ● thing commonly known , and confirmed by example , That it was lawful for a man to have many wives . Therefore when a man by marriage , gave the use of his Body to his wife , he did not so ●otally give the same , as to bereave himself of all power to give it to other wives also : which the wives knew well enough by the publick custome then in force ; and thereunto the wives did silently give consent , seeing their husbands married them with this condition being understood . Their marriages therefore were good and lawful . Och. An husband cannot marry a second wife without detriment of his first . It is not therefore credible , that wives did in their hearts consent , that their husbands should marry others . Tel. It is possible my wife may prove barren ; in which case , it is her duty to consent that I should take another ; yea and of her own consent to exhort me thereunto , as Sarah did of old . And if she would not approve thereof , this will of hers were unjust , and so it were lawful for her husband to marry another , contrary to her unjust mind . Also when a woman is with Child , and sometime after she is brought to bed , seeing she is then unfit for procreation , as also when she is old and sick , her husband may without injury to her , have to do with another wife ; yea , though a mans wife were sound , and fit for generation , yet she ought to take it in good part , if enjoying the company of her husband at some certain times , as it is with other living Creatures , she leave it free for him to enjoy the carnal acquaitance of his other wives . Och. Do you think it lawful for one wise to have many husbands ? Tel. No . Och. And yet there are sick Men , as well as sick women . Also a woman is able to have to do with more men , then a man can with women . Whence it seems more just , for one woman to have divers husbands , or at least lesse injust , then for a man to have many wives . Tel. Nay rather , since Matrimony is chiefly ordained for procreation sake , and a man having many wives , may in a short time have many more children , then a woman which has plurality of husbands : it is more equitable , that a man have many wives , then that a woman have many husbands . But the chief causes why women may not have many husbands , and yet men may have many wives , are these . First of all , because , if women should have many husbands , there would follow great disturbance and confusion in the world . For seeing no husband could certainly know that his children are his own , he might alwaies suspect , that they were some other husbands rather then his ; and consequently he would not bring them up , nor instruct them , nor take such care for them , as ●ow he does , knowing they are his own , though born of divers wives . Perhaps also being unassured that they are his own , he would not make them his Heirs . Another cause , why it is lawful for men to have many wives , but not for women to have many husbands , is this ; The husband is his wives Head , and has authority and command over her , as being her Superiour ; for which cause he may have divers wi●es , provided he can well rule and instruct them all . Nor is it a monstrous , but a comely thing for to have many members in one Body , though there he but one Head ; but if the Body should have many Heads , it would be a monster : So for one husband to have many wives , is not mōstrous ; but for one wife to have many husbands , is monstrous . And therefore , as there would be dissention and discord , ●f in one Body there were many Heads , & they should be of cōtrary minds , as might well happen : so would there be discords , perturba●ions , and great inconveniences , if should have plurality of husbands , seeing it might happen , that they should will things contrary , and command their wives to do them . Och. If we regard discords and inconveniences , we shall finde they have been some●imes exceeding great , because one man has had two wives : as we see in the example of Sarah & Hagar , Leah and Rachel , Hannah and Peninnah , and others , amongst whom were continual dissensions : wch I conceive , God did therefore suffer , to shew that he was not pleased , that one man should have more then one wife . Tel. Although among the first-born , and other brethren , many times grievious discords have arose , as appears in Cain and Abel ; Esau , and Iacob ; and many others : it is not therefore displeasing to God , that Fathers should have many Sons ▪ As also between Mothers in Law , and Daughters in Law , though there is many times little quiet , yet is not Matrimony therefore displeasing to God . In like manner , although among divers wives of the same Husband , there has seldom bin good agreement , yet cannot either Marriage in general , or marriage of sundry wives be condemned ; but only those wives , who were not so well disposed as they ought to have bin . Och. Christians ought in this life to be contemners of pleasures , and to have more of the Spirit , then those men had , which lived under the old Testament . And therefore , though They had many wives , one a peece ought verily to content Us . Tel. I have already declared , and told you , to cohabit with plurality of Wives , is no unlawful thing , and that it may consist with the greatest degree of faith and perfection . And therefore I cannot tell how you can be assured , that some Christians are not called by God , to cohabit with divers wives , as well as some Jewes of old were called by Him thereunto . Och. Say what you will , to have more wives then one , is a thing filthy and dishonest . Tel. There are two things which bring you into that error . The first is custome ; for if it were the Custom for men to have more then one , it would not seem to you blameworthy . Another is a feigned kind of holiness , which makes the having more wives then one , seem to you unlawful , though it be no whit repugnant to the holy Scriptures . Yea , and those that have more wives then one , are wont to be more grievously punished , then they should be , if they kept a thousand Concubines . Och. 'T is hard for one man to content one woman , and you would have it lawful for him to have more . Tel. An Husband is not obliged to satisfie all the carnal desires of his wife , but such only as are moderated with reason . Och. Under the old Testament when there were few men in the world , it was peradventure , expedient for men to have more wives ; but now the world is full of people , it is not expedient . Tel. In the first place you know not , whether men if they had more wives , would have many more Children then they have : or if they should beget more Children ( as is very likely ) how know you that the fruits of the Earth will not suffice to afford them all that shall be necessary for their livelihood , and all other occasions . For the same God that gave increase of men , would likewise supply plenty of 〈◊〉 to nourish and maintain them . But suppose you were assured they should perish with famine , yet the souls of men are of so great price , that we should no wayes hinder their existence , especially if we be called thereto by God , as those holy men of old were , who had plurality of wives . Och ▪ In these dayes a Christian ought not to have plurality of wives , if for no other cause , at least to avoid the offence which might thence arise , seeing all Christians do account the having of more wives then one , to be a most filthy and Diabolical thing . Tel. Even as , although men should account Matrimony an unlawful thing , yet ought you not to be moved with their offence taken thereat , but to marry , if need were : so ought you to marry more then one , if need be , or you be called thereunto by divine impulse . Och. A single man might indeed in such a case marry , to avoid fornication , although men should be therewith offended ; especially , being called by God thereunto . But he that has one already needs not marry another , nor will God thereunto call him . Tel. Nay verily ; if his wife be sick , or other impediments shall happen , so that he cannot enjoy her , and be incontinent , he must of necessity , to avoid fornication , marry another . Add hereunto , that God does not call men to marry , only for the avoidance of fornication ; but chiefly for propagation , as of old he called Abraham , and other holy men . Och. Shall I make it clear and manifest to you , that the having more wives then one , is a thing forbidden ? Christ sayes , if any man put away his wife , save for adultery , and shall marry another , he commits adultery . But if a man might have more wives then one ▪ he should not commit adultery , as Christ sayes , whether he put away his former wife , or no . Tel. No man can expound those words of Christ , better then Christ himself , who in another place explaining the said words , sayes , Whosoever shall put away his wife , save for adultery , causes her to commit adultery , that is to say , he gives occasion to his wife , so unjustly put away , to commit Adultery . For the wife being by that meanes deprived of her true Husband , cannot marry any other , her former Husband living ; but she shall commit adultery . Christ does not therefore say , If any man put away his wife , not for adultery , and marries another , he commits adultery ; but that he gives occasion to his repudiated wife to commit adultery . Och. Both Matthew , Mark , and Luke record , that Christ said ▪ If any man put away his wife , and marry another , he commits adultery , that is to say , by marrying that other . But if his intent was to shew , that by unjustly putting her away , he gave her occasion to commit adultery ; it had been sufficient to have said , If any one put away his wife ; not adding , and marry another . Christ therefore by those words of his in the fifth of Matthew , did not intend to explain that passage , which is recorded in the 19. Chapter of the said Evangelist : only he said , If any put away his wife , not for adultery , he makes her to commit adultery . But in the 19. of Mat●hew , he sayes another thing , viz. that if he marry another in the same kind , he commits Adu●tery , because the first was his wife , and he ought not to have more then one . Add hereunto , that the words of Christ in his Sermon upon the Mount , were uttered before those were , by which he answered the Pharises , when they asked him , Whether a man for every cause might put away his wife . Those former words therefore cannot be an Exposition of those were spoke afterwards . Tel. Whether the latter words were an Exposition of the former or no ; it satisfies me ; that his meaning is one and the same in both places , viz. that if any man put away his wife without just cause , he occasions her to commit Adultery . And as for those words , which in the 19. Chapter , are added over and above : Christ added them to shew , that a wife unjustly divorced , if she marry another man , commits adultery , though at the same time her former Husband marry another wife , seeing the first Matrimony is not void ; but remains in full force . His meaning therefore is this ; If he put her away unjustly , though he marry another , yet he gives her that is put away , occasion to commit adultery . Och. This interpretation of yours , is so forced and strained , that it is in danger of breaking . Moreover , we may see in Creatures irrational , that the Males have their Females , with whom alone they couple , as we see in Birds ; and much fitter it is for men , especially Christians , to have the like . Tel. That is true only in such like Creatures , vvhose propagation is not very needful , to the maint●nance of the life of man . But if you observe , you shall find , that one Cock has many Hens , one Bull many Covves ; and so in other Creatures which are profitable to mankind . If therefore God has ordained for the Commodity of Man-kind , that one Cock should have many Hens , much more has he ordained , that one man should have many wives , for the propagation of men , whom he so highly prizes , and so dearly lo●es . Och. If none of those live-Creatures you speak of were guelt , and they should all converse together , you should finde every male with his proper female ; and men ought to do the same much more . But now , many of the males being guelt and separated , if one male couple , with divers females ; it followes not therefore , that it should be lawful for one man to have many Wives . God put into the Ark of Noah , just so many males as females , to shew that every male ought to have only his own single female . Tel. If there were in the world as many Men as Women , I confess it were expedient , that every man should have his own single Wife . But seeing the number of Women is greater , I conceive it fit , that one man have many Wives ; for it is not in vain , that God makes more Women . If there were in the World , for example sake , only three hundred Women , and as many men , and every man should have one Woman , they could not so soon propagate their kind : as if of six hundred , four hundred were Women , and two hundred men , every one of which should have divers Women . For this cause therefore , God ordained , that the number of Women , should be greater then the number of Men . The life of one Man equalls that of two Women . Och. In the first place , I do not believe that you know there are more Women in the World then men . Perhaps it seemes so to you , because commonly we rejoyce at the birth of Boyes , and grieve at the birth of Girles . But though there be more Women born into the World , yet they live not long for the most part , by reason of the more tender constitution of their bodies . Add hereunto , that many more men perish then women , by Warres , Shipwrack , and the Sword of justice : that reason therefore does not prove Polygamy or plurality of Wives . Moreover , the love of carnal society , is a most violent passion : and if dishonest love cannot endure a Rival , much lesse can that which is honest ? Tel. Holy love rather extends to all , even our enemies . Och. Iacob was an holy man , and he loved barren Rachel , more then fruitful Leah . So also Helkanah loved Hannah that was barren , more then Peninnah that was fruitful . Solomon also said , that his beloved was one . It is therefore an hard thing , to share out a mans love , amongst many Wives , which notwithstanding , must be done in Polygamy . When a man has but one Wife , mutual love is better preserved , then if he had more ; and if any falling out happen , reconciliation is more easily made . Where there are many Wives , there are divers understandings , divers Constitutions , Distractions and Discords . Tel. If there were a call from God , there would be his blessing . Polygamy is no enemy to charity . And therefore if any man should have plurality of Wives , and love were wanting between them , that were not the fault of Polygamy , but of the said Wives . Och. If the filthy love of an Harlot , is oftentimes the cause , that a man is content with her alone , much more ought the holy love of Wedlock , work the same effect . Tel. We see that filthy love is more effectual in some persons , then holy love is in others : as also in like manner , superstition produces more good works in some , then true Religion in others : all which comes to passe , by the instinct of Sathan . Och. That plurality of Wives , is a thing contrary to natural Reason , hereby appears , in that all Nations have alwayes abstained therefrom , as from a thing unlawful . Tel. You know that the light of nature , that is to say , the Law which is imprinted in the hearts of men , is the gift of God , and that it is just , and that the Law of Moses is not contrary thereunto , but an explanation thereof For if the Law of Moses were contrary thereunto , God would be contrary to himself , seeing both proceed from God , or rather , both are one and the same Law . And therefore if plurality of Wives , had bin contrary to the judgement of right Reason : neither would Moses verily have dissembled the same ; neither would those most holy Patriarchs have used the same ▪ nor would God have born with it . God by Moses commanding the Iewes , that when they came into the borders of the Gentiles , they should not imitate their vices , would have named Polygamy , among other vices , if it had bin unlawful ; and he would have forbidden the same by Moses , which nevertheless , he did not do . We no where read , that ever God punished any man for having plurality of Wives , nor that he ever did by his Prophets , threaten such as had many Wives . If you would have the manners of the Gentiles , to be your rule and law , you shall finde amongst them much wickedness . And whereas you said , that all Nations abhorred Polygamy , that is false , as appeares by the Iewes . Also Chremes had two Wives , if we will believe Terence : also Bocc●● , as Salust relates ; in a word , Socrates himself , who notwithstanding , was the wisest of men , and had much of the light of nature . Och. Even wise men sometimes do amiss . Tel. Never any man condemned , or reprehended Socrates , for having two Wives , although for other things he hath been condemned . What needs many words ? Polygamy was used as a good thing , and very profitable to Man-kind , by furthering propagation ; not only among the Iewes , but also among the Persians , and the Turks likewise . Only in Europe it has been hateful ; in which Europe , vice has abounded , if not more , yet not a whit lesse , then in all other parts of the world . Nay , & in the days of old , Polygamy was commended , even in Europe . Only they would not have in one house many Mistresses to rule the Family , which was a thing convenient to avoid confusion . Och. I will never confess , that it is a good thing , to have many wives . Tel. That is , because you conceive it is an unlawful conjunction , and you are over-powered with an old custome among the vulgar ; which in tract of time , has wone the favour of the common people , and the Magistrates : by which it comes to passe , that the common opinion prevails more with you then the truth it self . Och. But what do you say to the Imperial Laws , which are against you ? Tel. In what place ? Och. First of all , the Emperors D●ocletianus and Maximinus , do fordid Polygamy , in these words : That no man within the jurisd●ction of the Roman Empire can have two wives : seeing also in the Edict of the Praetor , such men are branded with infamy : which thing a just Iudge , will not suffer to go unpunished . Also , in the same Code : That man doubtless that has two wives at once , is accompanyed with infamy . Tel. The Authors of the first Law , as you say , were Diocletianus and Maximinus ; the other is taken out of a certain Rescript of Valerianus and Galienus . Och. It is sufficient , that being Emperors , they had power to make Laws . It is to be observed , that in their daies , the condition of Matrimony , in the Heathenish Empire was such , that any man might put away his wife for light and frivolous causes , and keep Concubines without any shame . Howbeit , they had neither the name , nor authority of wives . The Emperors therefore thus decreed , not because they thought Polygamy was unlawful , seeing they allowed many lawful Concubines ; but they judged it fit , that only the first should have the title and authority of a wife , especially seeing they might Divorce her , if she pleased them not . Och. But we see that Concubines were forbidden by the Emperor Constantine . Tel. If you well weigh his words , you will find that his intent was , that it should be unlawful for him that had a wife to have Concubines ; not that it was wholly unlawful , but he might not have them with him , that is , in his own House , where his wife dwelt , viz , to avoid brawlings , discords and countentions . But out of his house , he might have as many as he would , Moreover , the Roman-Emperor Valentianus , having the same Authority and power , did not only permit such as had wives to keep Concubines , but many wives also at the same time , in the same house , all dignifyed by the same name and of equal authority : and Valentianus himself , at the same time had divers wives ; and therefore by the Law of Valentianus , which was afterwards made , the former Law of Constantine was abrogated . Och. But Justinian in his Code , makes no mention of that Law of Valentianus . Tel. Yet that Law of his was , doubtless , published , as appears by the Histories . Add hereunto , that besides Valentianus , it is apparent , that Constantius also the Son of Constantine the great , had many wives . Clotarius also King of France , and Heribertus and Hypericus his Sons , had plurality of wives . I add Pip●n and Charles , the Great , of whom Urspergensis witnesseth , that they had more wives then one ; Yea , and Lotarius , and the son of Lotarius : as also Arnolphus the seventh Emperor of Germany , and Frederick Barbarossa , and Philippus Deodatus King of France , and many more . Nor will I deny , that it is a wicked thing to do as some do , who having wives , leave them , travel into strange Countries , and marry others . But I speak of such as take care of both their wives , and are thereunto called by God . Och. You suppose that which never was in the world , viz. That any man should be called by God to have two wives . Tel. Even as Abraham , Jacob , and many others were called by God thereunto , so may we . Nor do I see , why they had more need of this Remedy then we , nor why it was rather their duty to beget and bring up a numerous progenie , then ours . Och. Constantine will not have men to keep plurality of wives , nor will the Emperor that now reigns . Tel. Tell me what is just and fit , and not what men will . The Law of nature is unchangeable . And if in the daies of Abraham , it was agreeable to reason , to have plurality of wives , as a thing honest and just ; otherwise , we may assure our selves Abraham would not have married above one ; and therefore we must confesse , That it is at this day a thing fit and just , and so it was in the daies of Constantine , For though he were an Emperour , yet could he not make that to be unjust which was just in it self ; Doubtless that ancient Church of Christ , had the knowledge of divine matters ; and yet neither that Church , nor the Emperors of those times , did condemn or punish Polygamy . But men had rat●er seem to be good , then be so indeed , since they are so great haters of plurality of Wives , but not of Adultery . Finally , to condemn Polygamy , is for a man to prefer himself before God , who never condemned the same , and to strive to be more perfect then he . I spare to say , that I may not allow of the Lawes of the Emperors , in cases of Matrimony ; seeing they refer the business to the Ecclesiastick Lawes . Och. If you will be tryed by them , I am Victor . Tel. Bring one Canon that makes for you . Och. In the times of the Fathers , Polygamy was accounted so filthy , and so notoriously and manifestly abominable , that they did not think fit to condemn it by words . Tel. But I , for my part , am verily perswaded , that those Fathers of the ancient Church , were contented with the Canon of Paul , who would have the Ministers of the Church , to be contented with one Wife ; not because , it was in it self unlawful to have more , but that they might the better execute their Office : but he allowed others to live , according as they found themselves inwardly moved by God . Och. And yet plurality of wives was forbidden in the third and seventh Neo●aesariensian Councel . Tel. I say , it was never forbidden , neither in them , nor in any other . Och. Sure I am , they ordained a penalty for Polygamists , which they would never have done , unless they had counted it unlawful to have more Wives then one . Moreover , they forbad all Priests to be present at the mariage of him , that would have more wives then one . Tel. True , but they did not forbid Polygamy it self . Och. They forbid it sufficiently , when they ordained punishments for it . Tel. Though you read all the Councels over , you shall never finde Polygamy forbidden . Nor can that be said to be the reason , because they conceived , it was forbidden in the holy Scriptures . For , neither is it forbidden , as we have showne already : and in the 17. Canon of the Apostles , it is decreed , that a man having two Wives , should be removed from the Episcopal and Priestly Function , and from all other Ecclesiasticall Offices . But if the Authours of those Canons , had seen that Polygamy was repugnant to the Scriptures , to charity , and the common good of mankind ; they would have excommunicated such as had two Wives ▪ nor would they only have kept them from the Communion ; but they would have also punished them grievously . But those Apostolical persons , as Paul had done before them , did only forbid the Ministers of the Church to have more Wives then one , not as if it were a thing repugnant to common honesty ; but because it would draw them away , and divert them from spiritual exercises . But becau●e afterward , men began by little and little , to turn aside from the right way , so that many now fell to account Marriage unlawful ; they were not ashamed to write , That a mans first Wife being dead , it was Adultery and not Marriage , to take another : touching which matter , you may see what Gratian writes . So also Hierome , and Tertullian interpret that saying of Paul and the Apostles , as if his intent had been , that he which had two Wives , though one after another , might not be a Minister in the Church of God : as also he that married a Widow , or a divorced Wife , which is observed at this day , by those most holy men ( Sir Reverence ) the Papists , who notwithstanding , create men of extraordinary and noted filthiness for their Bishops . But mark what I sha●l say : the life of a Courtier and a Souldier , is not sinful in it self , but many may be ca●led by God to embrace the same ; and yet in the twelfth Canon of the Nicene Councel it was decreed , ●hat those men should be severely punished , who having left the Warres , should become Souldiers again ; notwithstanding in those times , Warre was seldom made , sa●ing against Idolaters & Infidels . In like manner , though they decreed penalties for such as had 2. Wives ; yet is not Bigamy therefore sinful , nor does it follow , but that many may by divine instinct , be called thereunto . There are many such Canons ; especially , concerning Matrimony , which want amendment ; nor are we tyed by any Canons , but such as have their foundation in the word of God . The Fathers have many times erred , as being men , and sometimes swarving from the rule of Gods word . Moreover , we ought to believe , that Paul taught the Ephesians ( for examples sake ) and the rest of the Churches , all things necessary to salvation , as himself testifies ; and yet he taught them not , that any were to be tyed to one Wife , excepting Ministers of the Church . Och. He might therefore perad●enture do that , to the intent , that others by their example , might by little and little , be brought to practise the same . Tel. In the first place , that which you say , is not founded upon any word of God ; without which , it seems to me an impious thing to bind mens Consciences . Moreover , every thing that is convenient for Bishops , ought not to be propounded , as an example for all to follow . Och. Yet is it much , to say that the Church has erred , for the space now of a thousand two hundred years , in punishing Bigamy . Tel. That error is not to be attributed to the Church of God , but to men , who in the Church , have as much erred in forbidding Priests to marry ; yea , and I would have you to take notice , that the Neocaesariensian Councel decreed not , that the second Wife should be divorced , nor that the second was no true Marriage . Och. The Councel declared that sufficiently , by decreeing penalties for such as had two Wives . Tel. Austin judges that man to sin , who , having made a vow of chastity , marries a wife ; and yet he accounts it true marriage , and that it ought not to be made void . This Arg●ment therefore , is of no force ; the Councel enacted penalties for such as had two wives ; and therefore the second was no true Marriage . Moreover , though above a thousand years are passed , since penalties were enacted against such as had two wives : yet is it not above four hundred years , since that decree was first received by the Italians , Spaniards , and Germans . For it is but an humane constitution ; and the Bishops would have exclaimed against Valentianus , for his plurality of wives ; but that he had the holy Scriptures on his side . And notwithstanding , they reprehended such as had more then one wife , as Austin and Boniface did , as persons that seemed over indulgent to the flesh ; they did not therefore excommunicate them , or reckon them for such as could not be saved . Ambrose was a very sharp Reprover of sin ; yet do we not anywhere read , that he reproved Valentinianus , for having two wives . Yea , and the said Ambrose , reprehending Iustina his second wife ; for being an Arrian , must have reproved her also for being no true wife , but a Concubine , which notwithstanding he did not do . It is likewise recorded that Leo the fifth , when he heard that a certain Bishop in Africa had two wives , he only decreed , that by reason of the words of Paul , he should be degraded from that honour ; but not that he should put away his second wife , or be otherwise punished for having two . Gregory likewise , Bishop of Rome , writing to Boniface , who was sent into Germany , to ●e●ch Christianity , an hundred and twenty years after the Nativity of Christ , beseeches him to take care , that such as had many wives , and all were dead save one , might content themselves with her alone , and marry no more . So that he exhorts men to shun plurality of Wives , just as he should exhort them to embrace a single life ; which can be understood of none , but such as are called by God , to such a kind of life . The true Ecclesiastical Canons , which oblige us to their observance , are such as have their foundation in Gods word . But go to ; read that Epistle which Gregory the third of that name , Bishop of Rome , wrote to the foresaid Bonifacius , there you shall find him write , to this effect . If any Man have a Wife , which by reason of some bodily infirmity , cannot afford her Husband due benevolence , he shall do well to abstain from her . But if he cannot contain ( for that is a gift of God not given to all ) it is better , that he should marry another Wife , then burn ; provided , he allow his first Wife all necessary maintenance . Than which , what could be expressed more clearly ? Och. All that you can say , though you talk till Doomsday , will never make me think it fit , and lawful for a Man to have more then one Wife . Tel. Suppose there are more Women then Men , what shall the poor Women do in this case ? Och. They must do , just as the men should do , in case there were many more Men then Women , viz. pray to God to give them the gift of continence . Tel. In case a man is by God called to a married condition , and hath not the gift of continence , to live a single life , it would be in vain for him to pray to God , that he might have the gift to live without a Wife ; for in my Opinion , he would never obtain his request , seeing God calls him to marry . Och. The whole World has believed , that plurality of Wives is unlawful , nor can any man have more then one Wife , without giving the greatest offence imaginable , which all men ought to shun . Moreover , it is the will of God , that we obey our Magistrates ; and they are so far from consenting to Polygamy , that they will put him to death , that shall have more then one wife . Tel. But not , if he have many Concubines , or Whores . If any man being moved by divine instinct , to marry divers Wives , and it should be no sin so to do ; if he married them , it were a scandal taken ( as the Schools speak ) and not given . Also he might , to avoid scandal , marry his second Wife privately . Och. But such things are hardly practicable ; and if he should be often seen in Company of his second Wife , men would take offence , as supposing her to be his Concubine . I shall therefore continually exhort all men to avoid Polygamy ; and truly I exhort you to do the same . The Papists themselves do vow to live single , and shall we that are regenerate , spiritual , and Evangelical men , marry more wives then one ? Tel. Just ; And how honest , that single life of theirs is , all the World takes notice . The Law it self condemns barren Matrimony ; so far is it from not condemning voluntary and barren single life . Now I speak expresly , of such as have not the gift of continency , nor are called to a single life . The Romans did punish such as lived single , and rewarded those , who by abundance of Children , did augment the Common-wealth ; and Lycurgus also , and Ulpianus decreed the same . Now what more blessed a thing can there be , then the preservation of humane kinde ? which would wholly perish , were it not for Marriage . A man cannot transmit to posterity , a more honourable memorial of his name , then by leaving behind him Children , virtuously educated . And what greater folly can be imagined , then under a shew of holiness , to shun holy Matrimony , as a thing profane ▪ which notwithstanding , has bin ordained by God , is dictated by nature , perswaded by reason , confirmed by Christ , praised by Authours , sacred and profane , commended by the Lawes , approved by the consent of all Nations ; and whereunto we are invited by the Examples of good , and holy men ? What more barbarous and inhumane , then to loath Matrimony , the desire whereof is implanted in us by nature ? VVhat more unthankful to the common nature of the World and Mankind , then not to beget Children , as our Ancestors and Parents have begotten us ? For my part I make account , that such men are murtherers of as many as they might have begotten , in case they had embraced Matrimony ; unless peradventure , they are carried by a Divine Impulse to live single . Questionless , it is a kind of Man-slaughter , not only by Medicaments , to cause abortion and barrenness ; but also , without very just cause , to shun Marriage . Och. I do not condemn Matrimony , namely , the having of one Wife ; but the having of two , or more . Tel. But what advice will you give me ? Och. That you marry no more Wives , but pray to God for the gift of continence . Tel. What if he will not give it me ? Och. He will , if you pray in Faith . Tel. What if he neither give me the gift , nor faith to ask it ? Och. If you shall then do that , to which God shall encline you , so that you be sure you are led by divine Instigation , you shall not sin . For it can be no Errour , to obey God . Other advice I cannot give you . And therefore I bid you farwel , and promise you , that I will seek God in your behalf . Tel. And that is it which I beseech you to do , that I may not offend God ; but that I may give him all honour and glory , through Jesus Christ our Lord , Amen . A DIALOGUE OF Divorce , Between OCHINUS and MESCHINUS . Ochinus . I See my most dear friend Meschinus coming towards me ; and he seems to me by his carriage to be exceeding sad . I have a great mind to go meet him , and see whether or no I am mistaken in my conjecture . I wish you an happy day , Sir . Mesch . Hitherto , truly , I have found it very unhappy . Och. Why so ? Mesch . I am brim-full of grief , nor was I ever in my life so possessed with trouble and sadnesse , as now I am . And this evil is added to all the rest , that I cannot lay open my grief ; for if I could open my heart unto you , and discover that which perplexes me , I should seem in some measure to be disburthened and refreshed . But my calamity is so foul , that it is not fit to be related to any man , but ought rather to be buried in silence . Och. Are you ignorant that you and I are all one ? and that all affairs , both prosperous and adverse , ought to be common among friends ? And therefore if you communicate your secrets to me , you do not acquaint another therewith , but your own self . Mesch . But there is no remedy in the world for my calamity . Och. Perhaps there is . Do but open your mind to me : for you shall finde me your secret and faithul friend . Mesch . I took my wife in the act of Adultery with another man , which torments me the more , because I alwaies loved her , and should have believed any thing , rather then that she would have dealt so by me . Och. Oh strange ! Truly I am exceedingly sorrowful , but there is a Remedy . Mesch . What is that ? Och. Divorce . Mesch . If I might do it religiously . Och. Why so ? Mesch . Because sacred Matrimony cannot be dissolved . Och. True , if there be no adultery committed . Mesch . Dare you then say , that Marriage , a thing so holy and divine , may be dissolved by Adultery ? so that men being thereby freed , may marry other women ? Och. I for my part have said it , & will say it again , and stand to it : & that you may perceive the truth of what I say , I will shew you the reason of it . A woman in the matrimoniall contract , gives up the honest use of her Body to her husband , promising that no man while he lives shall have the use thereof besides himself : and the man does the like by his wife . For this cause Paul saies , that the wife has not power over her own body , but the husband : and likewise , that the husband has not power over his own body , but the wife . If therefore the wife break her promise , and faith made to her husband , as yours has done , having given the use of her Body to another , contrary to her Covenant made with you ; in this case the husband is free and disingaged , so that he may grant the honest use of his Body to another woman , joyned to him in Marriage . Mesch . When men in covenanting , do give or promise any thing upon condition , there is no question , but the condition being unperformed , the promise or donation becomes invalid : But if the Promise or Donation be made without any condition , it is alwaies valid , though one of the parties break their faith . And because in Matrimony , an honest use of the Body is promised , both by the wife and husband , without any manner of condition , it follows , That though the one falsifies his or her faith , yet is not the other party freed from the Engagement . Och. Do you then think , that the husband promises the use of his Body to his wife perpetually , without any condition , viz. Though she shall behave her self perfidiously towards her husband ? Mesch . Yes . Och. But in the matrimoniall contract , doubtlesse , neither saies to the other : I do for ever give you the use of my Body , notwithstanding that you prove unfaithful to me . Mesch . Nor is it thus said , I give you the use of my Body , for ever , upon this condition , That you prove faithful to me . But this , doubtless , ought to be the mind of each of them , viz. to give the other the use of his or her Body for ever , whether he or she shall prove faithful , or no ? Och. And how know you that , I pray you ? If it were necessary that Marriage should be contracted in such a sense , it ought to be so expressed in the Contract , which notwithstanding is not done . And if it were so , that these words should be used : I give thee the use of my Body for ever , though thou shouldest prove unfaithful to me , th●r● would be very few , that could be content so to be bound . Mesch . Therefore it is , that no such expression is used , lest one should give the other occasion of breach of faith , and to think : Although I shall break my troth plighted , yet cannot he or she deny me the use of his or her Body , seeing it has been given me without any condition . But they ought doubtlesse , both of them to be of that mind . Och. But I believe there are few , that contract Matrimony in such a sense , as that they will never deny the use of their Body to the party with whom they contract , though that party should prove unfaithful . But , go to ; think you not , that it is lawful for you , after you have taken her in Adultery , to separate your self from her for a time , and not to meddle with her , but to deny her the use of your Body ; yet ●o as to remain bound , as before , in the bonds of Matrimony , not being in a capacity to marry another woman ? Mesch . That , I conceive , I may lawfully do ; provided ▪ that the Matrimony be not dissolved . Och. Yet , according to your own words , you married her upon such tearms , and with such a mind , as that you gave her the use of your Body without any condition , so that you could not deny the same , though she should prove unfaithful unto you . Mesch . In the matrimoniall Contract , I gave my wife the use of my Body , both without condition , and upon condition , as she also did to me Without condition ▪ in as much as I promised , that I would ne●er , she living , engage the use of my Body , no● once grant the same , to another ; although my wife should carry her self unfaithfully towards me . Again , I gave the same upon condition , in as much as I gave it with this Proviso , that she should be faithful to me : otherwise , that it should be in my power to deprive her thereof for a time ; and the self same , my wife promised to me . And this ought to be enough to preserve such as marry from Adultery , besides other cause● both Divine and humane , wherewith they ought to be moved , to abstain from so great a wickednesse . Och. But this imagination of yours is built and founded in the Aire , and contrary both to the holy Scriptures and right Reason . And that it is , in the first place , contrary to the word of God , is clearly seen from the words of Christ , who thus speakes , You have heard how it is said , He that will put away his wife , let him give her a B●ll of Divorce . But I say unto you , he that shall put away his wife ( save in the case of Adultery ) causes her to commit Adultery : and he that marries her that is put away , commits Adultery . From these words of Christ , it follows , that if the wife be an adultress , the marriage is dissol●ed ; and the Man may without sinne marry another woman , which he could not do , if he should put her away for other causes besides Adultery . Mesch . But there is no mention of this matter , in the Gospel of Iohn . Och. And what then I pray you ? Will you therefore deny that those words were spoken by Christ , and accuse the other Evangelists for liars ? Christ wrought many miracles , which are not written in the Gospel of John ; and did not Christ therefore work the said miracles , because John has made no mention of them ? John in his Gospel , did not write all the miracles and workes that Christ did , nor all the words which he said ; yet ought we not a whit the lesse to believe , that he did those miracles and workes , and spake those words , of which the other Evangelists have made mention , than if they were likewise written in the Gospel of John . Misch . But what will you answer to this , that it is by Mark and Luke reported , that Christ should say , If any man shall put away his wife and marry another , he is an Adulterer , without adding any exception of Adultery , or any other thing . Och. And what of all that ? Will you therefore say , that Matthew added that exception touching the wives adultery , from his own head . Mesch . Nay rather , Will you say , that those other two Evangelists , have so delivered in writing the sentence of Christ , in a matter of such moment , as to leave his speech maimed , and detract from his words ? Och. Matthew relates , that Christ said touching Iohn Baptist , that among all born of women , none was greater then he : And Luke , that no Prophet had been greater then he . Now if Christ had uttered those words twice , it might be alledged , That at one time he said a greater , and at another time a greater Prophet . But like it is , that he spake those words but once . And therefore we must think , that eith●r Luke added that word Prophet of his own head : or , that Matthew omitted the same . And because it is more credible , that Matthew omitted somewhat , then that Luke should add any thing , we are to believe that Christ said , there had been no greater Prophet . Likewise , in this case we ought rather to think , that those two Evangelists omitted that exception touching Adultery , then that Matthew did add the same . So that we must confesse , that it was uttered by Christ . But , let us suppose that Christ said it not , and that Matthew added it ; in such a case , we must certainly confesse , either that Matthew wrote by the Instinct of Christ , as his Instrument and Member ; and that it is therefore of as much authority , as if Christ himself had said it : or that Matthew added it of his own head ; and so all the authority of the Evangelists falls to the ground which were a great wickednesse to say . And therefore , we must confess , that those words are true , as they are recorded by Matthew . Mesch . That we may rightly understand the holy Scriptures , the circumstances are diligently to be considered . Matthew wrote his Gospel to the Jewes , who because they were accustomed to Divorce their wives at pleasure ; he gave allowance to them , as men unperfect , to put away their wi●es for Adultery . But Mark and Luke , because they wrote to the Greeks and Gentiles , who were not wont upon such slight terms , to put away their wives as the Jewes were , they did not permit them to put them away . And because we are sprung from the Gentiles , it is unlawful for us to put them away . Och. In the first place , How you come to know that Matthew wrote his Gospel in Hebrew , I know not . But suppose it be so , as some give out , it does not therefore follow , that he wrote only to the Jewes . If Matthew when he wrote his Gospel , had wrote an Epistle to the Jewes , and that touching matters concerning them alone , there were somewhat in that you say . But he in his Gospel relates the Nativity , Life , Death , and Resurrection of Christ , what he said , and did , and suffered , for the profit and good , not of the Jewes only , but of all Mankinde . And therefore , as Christ forbad it to all men , though principally to the Jewes : even so also Matthew wrote his Gospel to all . Otherwise , we must confesse , that the other Evangelists also , wrote only to the Gentiles , and not to the Jewes likewise . Yea verily , and the Epistle which Paul wrote unto the Romans ▪ seeing it was not written concerning matters belonging to them alone , both was and will be useful to the whole world : Even so , the Doctrine of each of the Evangelists , is profitable for all men . Add hereunto , that if what you have said be true , it should be lawful for Jewes being turned Christians to put away their wives for Adultery ; but not for the Gentiles : and so Christ should not have taken away the partition wall through his flesh , nor abolished the enmity , even the Law of Commandments contained in Ordinances , for to make in himself o●twain one new man , so making peace ; and that he might reconcile both unto God in one Body . Also , that should be false which Paul writes , where he saies , that in Christ Iesus there is neither Iew nor Gentile . Mesch . Are you ignorant , that Christ wills and commands , that whom God has joyned together , in Marriage , no man should separate ? And will you say , That it is lawfull for me to put away my wife ? Och. Is not the Pope a man ? Mesch . Without all question Och. How comes it then to passe , that he separates whom God has joyned together in Marriage ? Mesch . After what manner ? Och. Suppose an honest and creditable Virgin , have with her Parents consent married a young man sutable to her condition ; If after the marriage has bin solemnized with all the rites & Ceremonies thereto belonging , a ●oy shall take that young man in the Head , to become a Fryar ; after that he is received into the religious fraternity , ●nd has made profession thereof , the Pope will dissolve the said Marriage , so that it shall be lawful for the said Virgin to marry another man , provided there have been no carnal conjunction between them . Mesch . But in this case which you suppose , it is not the Pope , but Christ that frustrates the Marriage . Och. How I pray you ? Mesch . Know ye not that Christ being at the wedding , did make void the Marriage of the Evangelist Iohn , who was the Bridegroome ? because he took up a resolution to follow Christ . So also , the same Christ undoes the matrimony of such as have resolved to follow him , and to become Monks and Fryars . Och. I for my part never knew , that Iohn the Evangelist was the Bridegroome at that marriage where Christ was a guest : nor can I devise how you came to the knowledge of such a secret . Nay verily , I cannot tell how you should know so much , as that the foresaid Marriage was dissolved , and that by Christ . I have thought that Christ was present at that marriage , not to dissolve , but approve of holy Matrimony . Nor do I be●ieve , that to ●ollow Christ , it is necessary to become a Monk or Friar : rather , I know for certain , a man may be both an Husband and an Apostle , as Peter was , and that Marriage is not repugnant to perfect Faith , Hope , and Charity . Mesch . Marriage is such a band as couples and binds men and women together so long as they live : and therefore the one party being dead , the band is loosed , so that the party surviving , is free and unrestrained from marrying again with any other , as Paul writes . If therefore natural death dissolve Matrimony , we are doubt●esse to think , that it is much more dissolved by spiritual death . And because he that becomes a Monk or Fryer , is spiritually dead unto the World , we must needs confess , that the marriage of such an one is dissolved , and that the woman is free ; neither is the marriage dissolved by man , but by death . Och. They likewise that are baptized , are dead to the World , yea , and buried with Christ , and yet their Marriage is not dissolved : because two persons may be married together , the one of which is dead to the World , and alive to God , and yet their Marriage held good and firm : yea , and supposing both the parties be dead unto the World , yet is not their Marriage frustrate . If Matrimony were a thing naught and vitious , I should then confe●s , it could not be practised by good Christians , who are dead unto the World . But Marriage is a thing so holy ▪ that it is not repugnant to Christian perfe●tion , and the same man may be both in the highest degree spiritual ; and a married man nevertheless . Nor do I truly believe , that men are made dead to the World , and alive to Christ , by Monkery , more then by Christianity . But to return to the point in hand , where as you have alledged that saying of Christ , which forbids men to seperate whom God has joyned together , viz. by Marriage . I answer , If the Woman be an Adulteress , and therefore put away by her Husband , in such a case ▪ the Marriage is not dissolved by man , but by God ; whose pleasure it is , that for Adultery , it should be dissolved . And therefore , as in every lawful Marriage , God is he that joynes us together ; so , whereever Marriage is lawfully dissolved , God is he that dissolves the same . And again , When Marriages are unlawful , the Devil is the maker , and joyner of them ; and he it is that dissolves them , when they are dissolved without just cause . Add hereunto , that seeing by marriage , of two one flesh is made ; if either of them commits Adultery , that party breaking his or her plighted faith , by joyning him or her self unto another , and disjoyning him or her self , from his or her respective Wife or Husband , dissolves the Marriage . And therefore , if the Wife have committed Adultery , and for that cause her Husband marries another : in such case the marriage is not dissolved by the man , though he marry another ; but by the woman , who by her Adultery , has disannulled the marriage . Therefore Christ , when he forbids Man to seperate , whom God has joyned together : he does not only declare , that a man ought not without just cause , to put away his wife ; but also , that neither of the parties should commit Adultery , because he or she that commits adultery does for his , or her part , dissolve the marriage . Mes. But you do not understand the mind of Christ , when he denies that a man ought to put away his wife , save for adultery . For his intent is not , that a man by his wives adultery , becomes so free , that he may marry another woman : his meaning being only this , that a man in regard of his wives adultery , may be so seperated from her , as to deny her conjugal benevolence ; the holy band of matrimony , remaining nevertheless entire betwixt them . Och. When the Jewes divorced their wives , the matrimony was dissolved , so that not only they which divorced them , might marry other women ; but the divorced wives might likewise be married to other Husbands . Otherwise it had bin needless for God by Moses , to forbid Priests to marry women that had bin divorced , in case such women had not bin allowed to marry ; and yet God by Moses , forbad the Priests to marry women that had bin divorced from their Husbands . Christ therefore speaks after this manner . It has bin said , viz. by Moses , whosoever will put away his wife ▪ let him give her a Bill of Divorce : namely , to the intent , the Husband may not marry her again ; and that she may be free , and in a capacity to marry to another man ; and that marriage of hers may become firm and stable . But I , sayes Christ , speaking after another manner , do tell you , whosoever does put away his wife ( that is to say , as the Jewes were wont to put away theirs , who having given them a Bill of divorce , were freed and inabled to marry others ) he is an adu●terer . Therefore , it is lawful for a man to put away his wife , and marry another , only in case his wife be an Adulteress . Marriage may therefore , according to the Doctrine of Christ , be dissolved for Adultery , in such manner as the Jews were wont , for every cause to dissolve their Marriages , not only so , as that they should not have to do one with another , in a conjugal way ; but also that each party should be so free , as they might marry with any other . Neither indeed , is it a true divorce , unless the Matrimony be dissolved : neither were the Jews acquainted with any other kind of divorcing , or putting away of wives , saving that which did abrogate and nullifie the marriage , and of such a putting away , or divorcing it was which Christ spake , which is apparent from these words by him subjoyned : If the Husband ( save in the case of his wives commiting Adultery ) does put her away , ●nd marry another , he commits adultery . Therefore if he put aaway his wife for adultery , and marry another , he does not , in so doing , commit adultery . VVe must therefore from the words of Christ , be forced to confess , that the marriage is made void , by the wives adultery ; seeing it is in this case lawful for a man to marry another . And that you may clearly see , that Christ there speaks , only of such a divorce , as disannuls the marriage , do but consider , how the Pharises tempting him , and asking him , if for every cause a man may put away , or divorce his wife , viz. in such wi●e as the Jews did , by dissolving the matrimonial Contract ; he answers them , that it is not lawful , save for adultery . Marriage is therefore dissolved by adultery , otherwise the answer of Christ were impertinent . Nor shall I stand to say , that if Christ by the terme of divorcing , or putting away , had intended only an abstinence from conjugal embracements , so as that the marriage was nevertheless to continue firm , that Exception had contained in it matter of untruths : for it is all one , as if he had said , a man may divorce his wife onely for adultery . Now , that it should be unlawful for a man , so to put away his wife , as to stain from her bed , save in case of adultery , is false : for it is clear , a man may lawfully do that for many causes . Mes. Let us suppose , and take for granted , that Christ by the termes of putting away and divorce , did intend the abrogation and dissolution of marriage , yet shall you never be able to make it appear , that a man by reason of his wives adultery , may marry another : the cause whereof is this . The speech of Christ has two members , each of which is true , and the first member is this : whosoever puts away his wife save for adultery ▪ he makes her commit adultery , that is , gives her occasion of so doing , because he puts her away , not being an Adulterss . For if he should put her away , being an Adulteress , he should not give her occasion of adulterating , because she was adulterated before . The other member is likewise true , being rightly understood , that is to say , without any exception , viz. after this manner whosoever marries her that is put away ( v●z . unjustly ) commits Adultery . You see how the truth of Christ his Speech stands firm ; nor can we conclude from his words thus understood , That Marriage is abrogated and nullified by Adultery . Och. According to your opinion therefore , Christ intimates , That if any man puts away his wife , not being an Adult●esse , he gives her occasion to commit Adultery , unlesse she were adulterated before . For , in such a case , seeing she is already adulterated , she cannot be made an Adultress . Now , if this be the mind of Christ , What great matter has he taught us ? For who knows not , That he which puts away his wife , being already an Adultresse , does not give her occasion to commit her first Adultery , because the same has bin already by her committed ? It seems you have so low an opinion of Christ , as to believe that he should utter so frivolous a speech . Though an Husband , divorcing his adulterous wife , does not give her occasion to commit her first Adultery ; yet , questionlesse , if it be unlawful for him to put her away for Adultery ▪ and if the marriage be not thereby dissolved , he that puts her away , gives her occasion to commit new adulteries ; from which to terrifie us , Christ would doubtless have said , That she ought not to be put away for any cause , no , not though she should have committed Adultery : for as much as , even thereby , the Marriage could not be dissolved . It is therefore clear , that , as to the first member of the speech , this is the mind of Christ ; If an husband put away his wife , only because she is an Adultresse , he gives her no occasion to commit Adultery , because that she marrying upon these tearms , the former marriage being dissolved , does not commit Adultery , but becomes the lawful wife of her latter husband ; the marriage which she had made with her former husband , being by her adultery dissolved . Certain likewise it is , that those words of exception used by Christ , are likewise to be accommod●ted to the second member of the speech , so that the sense of Christ in that member may be this ; that if any man marry her that is put away , he commits Adultery , unlesse she were put away for Adultery . And that this is the intent of Christ , is apparent , not only from the tenor of his words , but also much more from what he faies in another place , explaining the said words . Whosoever , quoth he , puts away his wife , save for Adultery , and marries another , commits Adultery . And so does he that marries her that is put away . Here it is manifestly apparent , that the exception is to be accommodated to each member of the speech , and that the meaning thereof is this , That he sins not , who having divorced his wife for Adultery marries another : and that he likewise does not sin , who marries her that has been divorced , or put away for Adultery . Mesch . Will you make Christ to contradict Paul , who thus speaks ; Unto the married I command , yet not I , but the Lord , Let not the wife depart from her husband ; but if she depart , let her remain unmarried , or be reconciled to her husband ; And then without any manner of exception , he adds this following speech , And let not the husband put away his wife . And therefore it is unlawful for a man to Divorce his wife for Adultery : Och. Do you believe , that it is Pauls meaning , that it is not lawful for a man upon any occasion whatsoever , to put away his wife and marry another , no not for Adultery ? Mesch . I believe it . Och. But I have shewn already , That the sentence and judgment of Christ is , That a man may lawfully put away his wife for Adultery and marry another . How can it therefore be , that Paul should faithfully declare the Commands of Christ , as he saies of himself that he did , if his mind was , to speak contrary to what had been said by Christ , viz. That a man ought not to Divorce his wife , no not for Adultery ? For , if this be his sense , certainly Paul was no faithful Messenger of Christ . And therefore , if we will grant , That Paul faithfully delivered the mind of Christ , we must confesse , that by him Adultery was excepted as well as by Christ , although Paul did not in words expresse so much . For this cause , Ambrose conceived , that in the words of Paul the exception of adultery must be understood , left Paul should be contrary to Christ . Add hereunto , That seeing Paul in this place , exhorts to reconciliation ; it is clear , that he speaks not of Adultery , but of other smaller injuries , for which the Greeks were wont to make Divorce , and which might easily be reconciled ; for which kind of injuries , Paul would not by any means have married people to Divorce . It may likewise be said , That although the mind of Christ , is , That he who puts away his wife that has committed adultery , and marries another , is not an Adulterer , because in such a case , the second Matrimony is good and valid , as the first was ; yet he did not think it was alwaies rightly done , and that Husbands of Adulterous wives , ought alwaies to Divorce them and marry others . But rather that it may sometimes so happen , that the wife being an Adulteress , her husband may neverthelesse sin , if he put her away and take another . For in case a Wife have committed adultery , and the Husband be so minded , as to judge that it makes more for the Glory of God , not to put her away and to take another , than the contrary ; supposing it probable , That if he take the Adulteress again , she will be reclaimed ; but if he put her quite away , she will grow worse : he ought not to Divorce her ; and if he marry another , he sins : not because the second is no true marriage , but because in refusing and divoreing her , and marrying another , he hath sinned against Charity and his own Conscience . And because 't is likely , that many times 't is the best way , not to Divorce them , Paul gave order in the name of Christ , That they should not be divorced , although they did commit adultery , in case the husbands believe , that it will make more for the Glory of God not to Divorce them . But if the husband judge , That in case he be reconciled to her , both she and other wives , by her example , will become more insolent and depraved , to the great dishonour of God ; he ought to put her away by Divorce . Mesch . Paul in another place saies , That the wife is bound to her husband by the Law so long as he lives , so that if she marry another man , she becomes an Adultresse : which holds not , he being dead ; for then , being freed by the death of her husband , she is by the Law allowed to marry another . And therefore a Wife cannot so long as her Husband lives , any waies be freed from the band of Matrimony , and marry another . Och. They which hold it lawful for a man , because of his wives adultery ▪ to marry another , do not therefore think it lawful for a woman by reason of her husbands adultery to marry another man . I may therefore grant you that which Paul writes , viz. That it is in no wise lawful for the wife during her husbands life , to marry another , though her husband be an Adulterer . But it does not therefore follow , that the husband cannot Divorce his adulterous wife , and marry another . And therefore , though the husband has power to put away his wife , having played the Adulteress , yet has not the woman the same power , to Divorce her husband , in case he prove an Adulterer , and marry another man . Mesch . But what arguments do those men bring , to maintain this their opinion ? Och. The very words of Christ , who saies expresly , That it is lawful for a man to put away his wife for adultery : but that it should be lawful for a woman to put away or refuse her husband for adultery , he has not said . Neither did ever Moses speak so much as one word of the divorcing of men . They add also this Argument , because the husband is Head of his wife , and has authority over her , he may upon the occasion aforesaid , put her away : which the wife cannot do to the husband , as having no such authority . Mesch . If Marriage be dissolved by adultery , so that of two , there is no longer one flesh made , as there was by Matrimony ; seeing the husbands adultery is as much adultery , as the wives , I admire that Marriage is abrogated and dissolved by the womans adultery , and not by the mans likewise . Och. Marriage is not so dissolved by adultery , that as soon as the adultery is committed , the band of Matrimony is loosed and broken a sunder ; so that , neither the woman is any longer his true wife , nor the man her true husband . For , supposing the case to be so , it were necessary that they should be married again , to the end they might enjoy one another in a conjugal way , without sin . And therefore the Marriage is not dissolved by the Act of Adultery ; but by the womans Adultery it comes to passe , that the Man has power to Divorce her , and she being divorced , the Matrimony is dissolved , which does not so come to passe by the mans Adultery : for as much as the wife does not , thereby acquire any power to put away her husband , or Divorce her self from him . Mesch . Nay , but a wife may also put away her husband if he be an Adulterer ; although neither Christ nor Moses have expressed so much , nor the Jewes ever practised the same . Och. I will give you another answer to the words of Paul , and say , That it is not necessary that Similitudes & Comparisons should in all points agree ; but it is enough if they agree in that particular for which they are brought , As when Christ saies to his Apostles , I am the Vine , ye are the Branches , his meaning is by that similitude to declare , That as the Vine-branches cannot bear fruit without the Vine , neither can they without Christ ; and if in that point the similitude hold ▪ it is enough . But he does not likewise intimate this , That as the branches of the Vine bear fruit only once a year : so they should bring forth the fruits of righteousnesse only once a year . So Paul in the place before alledged wou●d declare to the Jewes converted to Christ , That they were not now under the Law , seeing by Christ the carnal man was killed in them , who stood in need of the Law ; and brings the Example of a woman , who may lawfully marry againe , her husband being dead . It is therefore sufficient , if in this particular the comparison hold ( as it doth ) That as by the death of her husband , a wife is freed from the Law of Marriage , so that she may be married to another man ; even so we , by the death of the carnal man are made free from the Law of Moses ; seeing that we now operate , not by command of the Law , but by impulse of the Spirit , and are no longer under the Law , but under Grace . Yet is it not unlawful therefore for a wife to marry again , her former husband being yet alive , in case she be by him divorced . M●sch . And yet Paul saies , While he lives she cannot marry another , without being thereby an Adulteress . Och. I answer , In that place , the saying of Paul runs thus ; I speak to such as know , the Law , viz. the Jewes that are already baptized , who know the Law allows a man to put away his wife , by giving her a Bill of Divorce : by which means she being freed may marry another man . This therefore was the mind of Paul , that she might not marry another during her husbands life , unlesse she be first divorced from him ; and therefore during her husbands life , it is not in her power to marry , though she be an adultresse , because the power of divorcing is not in her , but in her husband . And I am of the same opinion , touching what the same Paul writes in another 〈◊〉 . The wi●e ( quoth he ) is bound by the Law as long as her husband liveth , that is to say , she cannot marry to another , unlesse her husband put her away for Adultery . But if her husband dye , she is freed from that Law . Mesch . As God allowed the Jews by reason of their imperfection , and to give a little way to the hardness of their hearts , to Divorce their wives when they pleased ▪ so we must needs confesse , that he has denied this liberty to Christians , because they are perfect . Och. This indeed is manifest ; Unlesse sin had been in the world , there would never have been any Divorce : and unto Christians , who ought to be perfect , Divorce may be in such a sense said to be forbidden , in as much as Adultery is forbidden . But if a woman be an Adulteress , her husband is allowed to put her away , and to marry another . Even as , if there had never been any sin , Parents would never have cast off , or renounced and disinherited their children ; and Christians , as those that should be perfect , are so far forbidden to renounce their children , for as much as those causes are forbidden , for which they may justly renounce them : But if children be such , that their Pa-Parents may justly renounce them , it is allowed to Parents , both to renounce them , and to adopt others in their stead . Mesch . As the Jewes offended , in divorcing their wives : so do also the Christians , and indeed much more . Och. If at any time the Jewes did Divorce them upon a just ground , they sinned not ; no more do the Christians . Mesch . There can be no just cause of Divorce , by reason of those mighty inconveniences which follow the same . Och. Christ , it seems , was not aware of those so great inconveniences , which Divorce , as you say , brings along with it : or you are more careful to preserve sanctity then Christ was . If Divorce drew so many inconveniences after it as you say , we ought to confesse , that Christ did ill who allowed a man to practise it , by reason of his wives adultery . Mesch . If Christ did permit it , he permitted it only as an evil thing . Och. That he permitted it to a man , in case of his wives adultery is apparent out of his words , which we have formerly heard . But whether he did well or ill in permitting the same , that is a thing , truly , which I would learn of you . Nor do I take you to be so shameless as to say , that he did not well in permitting the same . Mesch . He did well to permit it . Och. If he did well to permit it for adultery , it follows , That they do not well , and are contrary to Christ , who deny the same , though a mans wife be an Adultress . Mesch . They do it to a good intent , that those inconveniences may be avoided , which are wont to spring from Divorces . Och. If greater inconveniences arise from the allowance , then from the forbidding of Divorce , Christ did ill to permit the same : and they have done well that have forbidden it . But because it were wickedness to say , That Christ did ill to permit it , we must confesse , that they have erred , that forbad it , and that greater inconveniences arise from denying , then from permitting the same . Therefore it is rightly permitted by Christ ; seeing of two evils , if one must be chosen , we ought to choose the least . But , let us take this course ; do you reckon up the inconveniences , which arise from divorcing wives for Adultery ; and I will recount such as spring from forbidding to Divorce● them : which evils , being afterwards put into the ballance , one against another , we shall see which are the greater . Mesch . I am content . And in the first place : If it were lawful for men to put away their wives for Adultery , seeing the number of unchast women is great , there would be a world of divorces , from whence infinite inconveniences would arise . Och. In the first place , I believe there are many chast women ; and if some prove unchast , I am sure there will be the fewer , if they shall know they may be divorced for adultery , and shall suffer the just penalties thereof . Add hereunto , That I do not say , that a man may put away his Wife for every suspition : no , not if he shall see her play the Adulteresse , with his own eyes : but only , if he shall convict her of adultery , before Judges appointed to hear such cases . Nor is the Husband in such case bound to put her away : nay , but it is lawful for him not only not to put her away in such a case , but to be reconciled to her . Yea , and he is bound to do it , if for some cause ( which may sometimes happen ) he shall fore-see , that it will be more for the Glory of God , to be reconciled . I add this also , Although the woman be convicted of adultery , yet is it not lawful for the man to Divorce her , and to marry another , without the Magistrates consent , who may sometimes determine , that he shall not Divorce her : as if , for example sake , he fears lest if he should Divorce her , the womans Parents should raise great tumults , and there should be danger of much blood-shed . And therefore , there would not be in this case so many Divorces , as you have intimated . Mesch . If the Magistrate in such a Case as you have propounded , wou●d not suffer her to be divorced by her Husband , he should then , according to your judgement , go contrary to Christ : and therefore the Husband ought not to obey him . Och. Nay , but he ought : for he should not go contrary to Christ . For Christ does not command , that a man should put away his wife for adultery : he only grants that he may do it . And the man ought doubtlesse to Divorce her , if that shall tend more to the Glory of God . But if to Divorce be more dishonourable to God , then not to Divorce , as it is in that Case by me propounded , he ought not to Divorce her . The Magistrate therefore , is no● therein contrary to Christ , but agrees with him ; and the Husband ought to obey him , and not to Divorce her : because Christ would have offences , and the dishonour of God , avoided . Mesch . Put the case , that it is no dishonour to God to Divorce her , and the husband believe as much : but the Magistrate refuses , for some humane consideration , having no regard to God : What shall the poor Husband do in this case ? Och. Not Divorce her . Mesch . But what if he shall , contrary to the mind of the Magistrate , Divorce her and marry another ? Och. He shall sin that marries another , and deserves to be punished . Mesch . Suppose he cannot contain , What shall he then do ? Och. Pray to God to give him the gift of continency . Mesch . What if God shall not grant his request ? Och. There are divers Remedies . In the first place , let him be reconciled to his wife . Mesch . What if she be afraid to have ●o do with him again ? Och. Let him relate the whole businesse to the Magistrate , and make it appear , that he wants the gift of Continence . Mesch . What if the Magistrate will allow him no remedy ? Och. Let him marry another with all possible secrecy ; and , if it happen to come to light , yet can he not justly be punished . But , it were better for him , to go into some other jurisdiction , where he might be allowed to marry another openly . Mesch . If Husbands ought to obey the Magistrate , in not putting away their Wives , though he unjustly forbid them , Why ought they not to obey the Pope , who would have them put away for no cause , no not for adultery ; notwithstanding that Precept of his be unjust ? Och. In such a case as I propounded , the Magistrate ought to be obeyed and not the Pope ; and that for this Reason . The authority which Magistrates have , is not contrary to Christ , but agreeable to the will of God : and therefore they ought not by refractorinesse to be contemned , but to be honoured by Obedience . But the authority of the Pope , is point blank contrary to the Authority of Christ ; & ought therefore to be contemned and opposed . And , that this is so , I thus demonstrate . The godly and Christian Magistrate , has a power of taking cognizance , whether women accused of adultery , are indeed and in truth Adulteresses , or not . And , in case they shall be lawfully convict of adultery , they have the power of judging , by sundry circumstances , whether it is best they should be divorced , or not . And , in case they may sometimes erre in their Judgement , their authority is not therefore contrary to Christ , as the Popes is ; for their business is not to hinder all Divorces , but providently to consider , when they may be allowed ▪ or not allowed ; being well assured , that it may often so fall out , that they may be lawful and fitting . But the Popes work is , to prohibit all Divorces , as if to Divorce were never lawful , contrary to the Doctrine of Christ , who taught ▪ That a Wife may lawfully be divorced for adultery ; It is therefore fit in this cas● , to contemn the authority of the Pope , as pernicious and contrary to Christ : and on the otherside , to honour the authority of Magistrates , and obey the same , as being useful in it self , and agreeable to the mind of Christ , though they may sometimes abuse the same . But to return to our matter in hand , Do you go on to declare the inconveniences which altered Divorce . Mesch . When women are not pleased with their Husbands , they will commit adulteries that their Husbands may Divorce them , to the End , that being at their own dispose they may at pleasure marry to other Men . Och. But this would very seldom happen : In the first place , because they would understand , that possibly they might not be divorced , though they should prove Adulteresses : Again , because although they were divorced , being made infamous , hardly any men would marry them . Add hereunto , That if just Lawes were in force , they should be put to death , or be at least so punished , as it would be impossible for them to marry . Mesch . If a Man might put away his Wife for adultery , and marry another , his marrying another wife would shew , that he divorced the former , not so much because offended with her adultery , as because he was allured by love of the second . Ochinus . Holy men can do nothing so uprightly , but that wicked persons may at least calumniate their intentions ; yet ought they neverthelesse , to persist in that which is right . If Divorce should be exercised for adultery , according to Gods word , when ever it were done , by order of the Magistrate , it would give occasion of offence to no Man . And , if so be neverthelesse , some wicked person should by such Divorce , take offence where none was given ; it were not therefore just to compel the innocent Husband , to hold society with so wicked a Woman , to his great disgrace and infamy , as in such a case would happen : or to live single all his life after , whether he were endued with the gift of Continence or not . But , go to ; consider with your self , how many inconveniences have hitherto arisen upon this ground , viz , because it has been wholly forbidden to Divorce for Adultery . In the first place , Many men have killed their Wives whom they have taken in Adultery , that they might free themselves from so shamelesse a companion , and have by that means liberty to marry another : which they would not have done , if they might have been allowed to Divorce them . Moreover ; many Husbands , offended by their Wives Adultery , and loathing to hold society with them , have given them Poyson privatly , or have run away from them : and many times the Wives themselves for fear of death , have abstained from the society of their Husbands in such cases : and wanting peradventure the virtue of Continency , have committed innumerable crimes : which they had not done , if being made each of them free by Divorce , they might have joyned themselves to some other in Marriage . And these were the fruits of ( Sir reverence ) those holy Interdictions of the Pope , forbidding Divorce for Adultery , and License to the divorced to marry again . Meschinus . As Christ sticks close to his Church , and cannot be separated from her being his Spouse : So , a man ought to cleave unto his Wife , without any possibility of separation . Ochinus . Nay rather , As Christ divorced the Jewish Common-wealth , because she brake her Covenant with him , and had played the Harlot with many Lovers : So a Man may Divorce his Adulteress Wife , and marry another . Meschinus . No man marries a Wife to Divorce her . Ochinus . Nor does any man marry a Wife , for her to play the Adulteresse . Mesch . But all men know , when they marry Wives , that they cannot Divorce them , although they should prove Adulteresses : and they marry them with such a mind as not to Divorce them : Whence it follows , That it is not lawful for them to Divorce them . Ochinus . Seeing it is false , That they may not be divorced for Adultery , and that which is false cannot be known , it follows , That Men when they marry , do not know that their Wives may in no case be divorced . They had indeed such a false perswasion : but their Error being removed , they may lawfully and honestly Divorce them , though , through erroneous perswasion , they promised the contrary . Meschinus . You can never reckon up all the causes , for which Divorce ought to be made : and therefore it is better wholly to forbid it . Ochinus . Truly you reason most excellently ! just as if you should say ; You shall never be able to reckon up all the Causes for which men ought to be punished : and therefore 't is the best way to forbid all punishment of wicked men . But I , for my part , in the first place , do assuredly know from the words of Christ , That a Wife may be divorced for Adultery . I know likewise , that Magistrates may , and ought to put in execution these Divorces for Adultery , so oft as they see , it may make to the Glory of God . I know also , that Divorce may be made for infidelity , because Paul has so said . Meschinus ▪ You shall never make me believe that , while I live . Ochinus . Peradventure I may perswade you neverthelesse . But because dinner time is already past , and I find my stomach crave refreshment , you shall dine with me . After dinner , we shall have time enough to consider , Whether or no , a Man may Divorce his Wife for Infidelity . Mesch . Content . The End . Notes, typically marginal, from the original text Notes for div A53190e-180 * In his Book of Wisdom . Notes for div A53190e-910 Gen. 2. Gen. 3. 1 Cor. 7. Gen. 2. Mat. 19. Mat. 18. 1 Cor. 7. Gen , 2. 1 ▪ Tim. 5. Deut. 17. Our Authour seems not to have heard ▪ or not to have thought , when he wrote thus , of the New-found World , nor of many large Tracts of ground in Hungaria , and other parts of Europe unpeopled . Notes for div A53190e-9300 Matth. 5 , Eph. 2. Gal. 3. Rom. 7. Lev. 21. Mat. 5. 19. Deut. 24. Mat. 19. Matt. 19 1 Cor. 7. Rom. 7. 1 Cor. 7. 
A87232	----	Alimony arraign'd, or The remonstrance and humble appeal of Thomas Ivie Esq; from the high court of chancery, to His Highnes the Lord Protector of the Commonwealth of England, Scotland, and Ireland, &c. VVherein are set forth the unheard-of practices and villanies of lewd and defamed vvomen, in order to separate man and wife. Humble appeal and remonstrance of Thomas Ivie, Esq. Ivie, Thomas. This text is an enriched version of the TCP digital transcription A87232 of text R8770 in the English Short Title Catalog (Thomason E231_3). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 143 KB of XML-encoded text transcribed from 28 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A87232 Wing I1108 Thomason E231_3 ESTC R8770 99873395 99873395 125864 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A87232) Transcribed from: (Early English Books Online ; image set 125864) Images scanned from microfilm: (Thomason Tracts ; 40:E231[3]) Alimony arraign'd, or The remonstrance and humble appeal of Thomas Ivie Esq; from the high court of chancery, to His Highnes the Lord Protector of the Commonwealth of England, Scotland, and Ireland, &c. VVherein are set forth the unheard-of practices and villanies of lewd and defamed vvomen, in order to separate man and wife. Humble appeal and remonstrance of Thomas Ivie, Esq. Ivie, Thomas. [2], 52, [2] p. [s.n.], London, : Printed in the year 1654. With a final blank leaf. Annotation on Thomason copy: "June 17". Reproduction of the original in the British Library. eng Ivie, Thomas. Divorce -- Law and legislation -- England -- Early works to 1800. A87232 R8770 (Thomason E231_3). civilwar no Alimony arraign'd, or The remonstrance and humble appeal of Thomas Ivie Esq;: from the high court of chancery, to His Highnes the Lord Prot Ivie, Thomas. 1654 26103 17 0 0 0 0 0 7 B The rate of 7 defects per 10,000 words puts this text in the B category of texts with fewer than 10 defects per 10,000 words. 2007-04 TCP Assigned for keying and markup 2007-05 Apex CoVantage Keyed and coded from ProQuest page images 2007-06 Jonathan Blaney Sampled and proofread 2007-06 Jonathan Blaney Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion Alimony Arraign'd , OR THE REMONSTRANCE AND HUMBLE APPEAL OF THOMAS IVIE Esq From the High Court of CHANCERY , To His HIGHNES the LORD PROTECTOR of the Commonwealth of England , Scotland , and Ireland , &c. WHEREIN Are set forth the unheard-of Practices and Villanies of Lewd and Defamed Women , in Order to separate Man and Wife . LONDON , Printed in the Year 1654. The humble Appeal and Remonstrance of Thomas Ivie , Esq. To His Highness the Lord Protector , &c. HAd it not pleased the Lord to bear up my fainting spirit , with more than an ordinary Confidence that the Deliverance of his People was nigh at hand , and that he would put a stop to the Violent Passions of Oppressing Men , I had undoubtedly sunck under those abominable Scandals and Aspersions , which have been cast , like dirt about the streets , upon me , by my Wife and her Abettors . But certainly the Day of our Deliverance is already dawn'd ; And we are in some measure assur'd , that Justice and Righteousness is already broke sorth , and that the Abominations of the Wicked shall be no more clothed with Authority ; but whatsoever is a Lie shall be made manisest , and confounded . As our Eyes are therefore on the Lord , as the supreme Fountain of all Goodness , so we trust that the Declaration of his Will shall be made out by Your Highnesse , being chosen by Himself in an extraordinary manner , and by a wonderfull series of Providences , to this very end , to execute Righteousness and Judgement for his People that are oppressed amongst us : and that your Highness will put on bowels of Compassion for the Afflictions of Men in Misery , who pour out their Complaints and Grievances before you . With this Confidence I appeal from the Chancery unto your Highnesse ( being unable to endure any longer , either the Expences or Delays of that Court ; or indeed the Justice , which is there distributed ) For besides the hazarding of that which is better than a precious Ointment , much of my Estate hath been consumed , and great Debts contracted , by reason of my attendance upon these unnatural Differences , ( which have been fomented between my self and my seduced Wife ) much of it torn away by Violence under a Pretence of Alimony for her , to whom I never denyed or refused any thing whatsoever . And that which remaineth is daily so molested with Creditors , that I now may most truly take upon me the Expression of Job , I once had Riches , but now have none : And unless it will please your Highness to afford a speedy Redress , I shall hardly enjoy long my Liberty also . I will not say any thing of those sad and dismall Thoughts which have been conninually in my Mind , those hideous Temptations , which have been hourly grating and gnawing my very soul . During this sad Condition , t is the Voice of the Lord only can speak Peace unto my Spirit , ( whose Name be blessed for those sweet and refreshing Experiences , with which he hath supported me in this fiery tryal ) but I shall open unto your Highness , as unto a good Samaritan , the wounds of my Body and Fortune ; ( & briefly present a Narrative of the whole Matter concerning my self , and wife , and how it hath been transacted in the Chancery ) That so I may with the more confidence expect a Cure proportionable to my Disease ; and that your Highness Judgement may be as well grounded upon Knowledge , as my Suffering upon Experience . Having faithfully discharged the Trust that was reposed in me by the honourable East-India Company ( as their chief Agent at Madrassopotan , where I had not only the Command of the persons of Thousands of People , but also the Fort of St. George , and Town of Madrassopotan ; ) And having made a thorough Reformation of the grand Abuses which had crept into those parts , to the great Injury of the Trade ; and erected them a Town by my own pains and Industry , even out of the Sea it self , for the better advantage and security of it ; I resolved with my self , ( though I was often perswaded by the said Company to continue longer my Charge ) to return into my Country , where I had left the near relation of a Wife behind me : And by how much the more that Reciprocal happiness ( which we enjoyed together ) did revive , the more enflam'd were my Desires for a Return . But I had no sooner arrived in England , but the first News almost that was brought me , was the Death of my Wife , in her very Journey to meet me . This was the first Tryal which the Lord laid upon me : But as he corrected , so he gave me Patience and Submission to his Will in it ; neither were friends wanting to endeavour a Belief in me , that as the Lord had taken one Wife from my Bosom , so he could bestow another . After many several Dayes and Months thus spent in Melancholy , and willing to inure my self to the Condition I enjoyed when I left England , I was perswaded to address my self to one Mrs. Garret , a Widdow , and Daughter of Mr. Stepkins , who was represented unto me to be as beautifull in mind as in person ; And though her Husband had left her nothing , yet was I not deterr'd by this to forbear my sute , supposing what was wanting in Fortune , would be made up in Affection and and Sweetness towards me . Hereupon , in short , about October . 1649. a Marriage ▪ was had and concluded between us ; and , that I might give the best demonstration what a high value I put upon her , I setled for her Joynture 1000 l. per ann. and Covenanted with her Trustees to leave her at the time of my Death 1000l . also in ready money . Her Father ( now taking notice of this cordial and affectionate dealing of mine with his Daughter ) made in short this Proposition unto me , That if I would give him the said Stepkins 1000l . more , and deliver forthwith unto his said Daughter , as many Jewels as might be worth at least 1200l . that then he would settle his Estate at Wapping ( being 240l . per An. ) upon me for my life , and after my decease to my Wife ; And in case we had Issue , then to them ; and in case we had no issue , then to the Heirs general ▪ of the said Stepkins , or such as he the said Stepkins should limit and appoint . To which I returned as short an answer , and told him , I would immediately perform his demand . Whereupon I did disposite 1000 l. in mony , and 1200l in Jewels , and all the aforesaid agreements and Settlements were Indented in Parchment , and legally executed accordingly ( as may appear from the Deeds themselves , proved by two Testimonies in Chancery , to which I refer my self . ) I make no mention what Presents , nor of what value they were , ( though considerable ) I sent her before Marriage , ( because they were purely Gifts ) but the other upon the most real and highest consideration of Marriage . I suppose its already evident , that had I now found the affection which I promised my self , it might be very well said to be rather purchased than gained ; for although there was 240l . per ann. setled upon the Considerations aforesaid , yet was it a dear bargain unto me , only for my Life , to lay down for it 2200 l. Neither was I to enjoy this untill the said Stepkins should decease ; which ( if the contingencie of his Death , and the Interest of the Money had been considered ) t was more than ten years purchase , for one life . Nevertheless , had there been a Return but of common Gratitude , ( much less of a conjugal Affection ) I should scarcely have entertained a Thought of Penitency for so large a Joynter , which I had setled . But certainly the Anger of the Lord began now to be kindled against us , and whether 't was for her sins as well as mine own , and particularly for being instrumental to the Disheriting of the eldest Son and Heir of the said Stepkins ( who never had demerited it in the least measure from the Father ) I know not , the Lord discover it unto us both in his due time : But certain it is , that she could not long continue herself from discovering , that 't was rather my Fortune than my Person , which she had wedded ; rather embracing Advantages of expressing Kindness to others , than her Husband . Notwithstanding many of these inconveniences did I pass over ( though 't was very grievous to be thus used so soon after our Marriage , within less than six months , and still persevere ( if with Prudence I may speak it ) with more than usual fondness ) she could no sooner propose any thing , which my Purse or Industry could procure , but 't was immediately provided ; nothing which might be either for Necessity or Ornament ( though never so costly ) but she had it , though I borrowed money to provide it . I could here tell your Highness in what Plenty I maintained her , with what sums of Money in her Purse , with her Coach and Horses , Sadle-Horses , and rich Furniture , rich Cloathes , Beds , Linnen , &c. but that I should discover too much of my Folly in it , as well as her Unworthiness . But I am confident , ( and t is proved by sufficient Witnesses in Chancery ) that in eighteen months after our Marriage , she had spent for her Accommodations above 3000 l. whereof 600 l. was in Apparel only , 500 l. in ready money . But all this could not prevail , the Multiplicity of Curtesies and Endearments towards her on my part , was but the encreasing of her frowns and slightings towards me ; and being unsatisfied with what I voluntarily bestowed upon her , she took all opportunity ( in my absence from home ) to imbezele what goods soever she could come at ; and at one time ( when I was at the Court of Aldermen ) she took from my House 300 pounds at least of rich East India Stuffs , and Plate . The Company she resorted unto ( were no less offensive unto me than her actions ) being either Persons of very low Condition , or Desperate Fortune , whose Necessities and Debaucheries still prompted her to further Inconveniences . It being now evident unto me , and all our Acquaintance besides , That a sudden Ruine could not but be near to our Estates , and unhappiness to our Persons , I entered upon a serious Resolution to withdraw for a while to my Country house at Malmsburby in Wiltshire , and perswaded my Wife to a complyance herein ; This I did , that I might pay those Debts , which I had contracted by her means , and take her from the Occasions and the Persons which had enticed her to such pernicious courses . But they ( finding if their Diana should leave London , the silver shrine would be also removed ) were too too prevalent with her to retard her Journey ; Nay in conclusion she absolutely refused to goe with me . Notwithstanding I did not forbear all the Arguments , which either Prudence or Necessity could dictate : And that I might not neglect any Motive , which I thought might conduce to this end , I gave 100 l. to two of her Familiar acquaintance ( whom I thought most prevalent with her ) to perswade her to accompany me into the Country . But no Charms of Perswasions had any Influence , nor Reason ( though very urgent and manifest ) but was slighted . Nevertheless before I went out of Town , I writ this Paper , and left it with her . Sweet-heart , THe Reasons wheresore I am at present forced to leave London , is in regard of the following particulars . 1. Because my House , Family , Goods and Estate in the Country goeth much to Ruine , for want of my Presence . 2. Because my Engagements in London are great , viz. 1146l . 3. Because of these great Engagements , my Credit , which hath been of value , ( but now through some Disparagements and evil practices , ) is lost in London , that I cannot borrow any more money to supply yours and my present wants : And now , when I thought all things had been forgotten , I heard abroad by my Friends ; that by certain Warrants issued out by the States for your self , and others to appear before them , that I am ashamed to walk London streets ; and I much fear , that if I continue in London , you will in short time both ruine your self and me . 4. You are so transported by the Perswasions , and practices of your Aunt and Others , that I , nor no Friend of yours , can intreat you to leave their Company and evil counsel , which daily breeds Debates and Strifes between us , Notwithstanding , they have been by their ill Counsel and evil Actions , the chief Occasion of all , which hath brought us to this sad Condition and Shame that we are now in : So that I may now say with Job , I had once Riches , but they are now wasted , and once ▪ I had a Wife , but now she will be no longer mine . 5. I have no employment nor Calling in London ; which disgracefull and unquiet life , is hatefull unto me , and most disadvantagious ; for I find not this Town good for my health , ( by reason of my continual trouble ) my expences are insupportable : And I protest before the great God of Heaven , my only Joy and Comfort should have been , and shall be ( if I can any way find your Affections reciprocal , and your Compliance equal ) to support your Honour and Fortune beyond my Own : But if we continue in London , I find all will be quickly confounded and destroyed . Therefore , Dear Heart , take the premisses into good , religious , and serious consideration , and go with me unto our habitation in the Countrie , by which means , all things that are past , will be forgotten , whereby we shall be both happy ; for my intents are onely and really to make you a happy Woman : For I protest before God , when you come into the Country , I shall render my self and Estate to your Disposure , to come and go when and where you please , which shall be faithfully and lovingly performed by me , but if not , be pleased to take this as a sad Farewel , from thy Most affectioned Husband , Thomas Ivie . London 17 March 1650. And immediately after my Arrival at Malmsbury , as soon as I had accommodated my house ; I sent her this Letter . Most dear Heart , YOu cannot but be sensible of my sad condition and necessity at London , by reason of my Discontents and great summes of money which I doe owe , and have not wherewithall to satisfie my Creditors , for had I stayed longer , I must of necessity have been carryed to Prison , or at least to my Grave ; For I was so much troubled and griev'd in mind at your unkindness , and want of money , that I thought my heart would have broken , which so transported me , that I knew not what I did , when I left you : Yet notwithstanding your unkindness to me ( if you can borrow 30 l. of any Friend of ours to supply your present occasions ) I will see it satisfied ; if not , I shall willingly consent , that you pawn some of your Jewels for so much money ; and when the India ships come home ( God willing ) I shall redeem them for you again ; and when I have paid my Debts , you shall command me and my Estate , which shall be at your disposure . I should rejoyce to see you and my Father Stepkins here ; Therefore , Dear Heart , When you have a mind to come unto me , advise me , and I shall wait upon you , to bring you down ; And when you are weary of my Company and Entertainment in the Country , ( where my self , and all that I have , shall be at your Disposure ) I shall ( when you please ▪ ) return again with you to London , and ever remain Your most affectioned Husband , Thomas Ivie . Malmsbury 24 March , 1650. Instead of a Complying answer , which I expected ( for We cannot easily despair of Things We passionately desire ) I received this Summons from the Lords Commissioners of the Great Seal , to appear before them . WHereas Theodosia your Wife hath on this present day preferr'd her humble Petition unto us the Lords Commissioners of the Great Seal of England , Thereby praying Allowance of Alimony , as by her said Petition remaining with us doth appear , We do at her instance give you Notice thereof , Requiring you hereby to make your personal appearance before Vs , on the thirtieth day of this Instant , to speak with Vs about the same . Richard Keeble , John Lisle . Middle Temple the 11 day of April , 1651. Immediately , ( laying aside all my Business ) as fast as Passions and Spurs could quicken , I repaired to the Chancery , where I found ( to my great astonishent ) this false and scandalous Libel , under the Title of a Petition for Alimony preferr'd against me . The humble Petition of Theodosia Ivie , Plaintiff , Wife of Thomas Ivie , Defendant . THat She being the Daughter of John Stepkins Esq and married to the Defendant , who hath ( without any cause given him ) not only deserted her Company , but left her destitute of all manner of Means for her Livelihood and Subsistence ; And that during the time she cohabited with him , she hath not only been in great Danger of her Life , by bis Cruel Vsages , and unjust contrivances , but by some means occasioned by the Defendant , she hath been very Weak and Infirm ; And hath received from him such Infirmities , ( not becomming a Husband to conferr on his Wife ; ) And that by reason of his said cruelties , and the peril of receiving from him Diseases of Dangerous consequence , she could not cohabite with him as his Wife , without eminent peril of her Life ; And the Defendant was not only departed from her , but utterly denied to allow her any convenient Support ; And that for meer necessity she had contracted some small debts ; And therefore she prayed the speedy Aid of the Court ; And that They would summon the Defendant before Them , that upon hearing her just complaints , she might be relieved , and have such fitting Allowance by way of Alimony granted to her , as to the Court should seem meet ; And that for the present , she may have some convenient Allowance for Expences in this Sute , she being otherwise unable to proceed therein . To which ( having sought Patience from above ) I returned this answer . That 't is true , he Married the Plaintiff , and hath ever since used her with the Respects of an affectionate Husband to a loving Wife , and neither hath , nor did intend to desert her ▪ Company , but much desires it , if he may find respectfull carriage from her ; and is so far from leaving her destitute of all means , that since his Marriage , which was not then above eighteen Moneths , he had furnished her with Jewels and Pearl , to the value of 1200 l. besides Apparel , which cost him above 200 l. All which Pearl and Jewels she had in her Possession in March then last past , when the Defendant went to his dwelling-house in Wiltshire , at which time , he not only sollicited her to go and dwell with him , but promised her ( upon the Enjoyment of her in the Country ) to resign both himself and his Estate to her Commands and Disposall . That he hath likewise paid her Father 1000 l. for which he should have setled upon the Defendant some Estate of Inheritance for her Portion , which is all the Fortune he ever expected with her , whereof he hath not received the value of one penny . That he allowed her for Clothes money , and otherwife for her use , above 800 l. And during the time he hath lived with her , he hath spent in Housholdstuff , House-rent , and House-keeping , 2870 l. so that in eighteen Months , he hath spent with her 6000 l. And this he mentions not , as if he repented of his Kindness to her , but to evidence to their Lordships that there is no just cause of Complaint against him , for not allowing her Maintenance . That he never acted any thing of Danger or Cruelty , or that might occasion any infirmity to her ; nor was there ever any Disagreement , or any Cause why she should separate from him ; But her desire was to live in London , a place neither agreeable to the Defendants health , or Estate ; He having already ( by reason thereof ) contracted many . Debts : And confesseth , that having ( by consent of her Father and her self ) bought an Estate in Wiltshire , situate in a healthfull air , and a place of much conveniency , delight and profit , He hath many times by Letters , in Person , and by Friends , earnestly desired her to live with him at his said house in the Country , where she shall want for nothing in his power , for her use and conveniency , and care shall be taken for her accommodation for her Journey , wherein he hopes yet to prevail , that they may mutually enjoy the Comfort of each other , which he much thirsteth after , and is not a little grieved there should be any Question of it . That he took such Order ( presently after his going into the Country ) whereby the Plaintiff was supplyed with monies for her present occasions , and presumes the foul scandals suggested in the Petition , are well known to the Plaintiff to have so little colour of Truth in them , as he hopes the same were put into the Petition , as words of Course , rather than by her Direction : And he utterly denies the same ; and therefore he hopes , he shall not be ordered to make Allowance to the Petitioner , ( as in the Petition ) she demands . Could ever any Man suspect to be thus dealt withall by a Woman , that had plighted her faith in Marriage to one , who had setled so great a Joynture , given her so many Gifts , so much Money , Jewels , and all other accommodations whatsoever in the greatest Plenty , for the Consideration of Nothing ? Certainly amongst the Indians themselvs have I not seen so great perfidiousness . Now had I just Reason to suspect , 't was not only the malicious Counsels of her wicked Abettors , was the cause of her inhumanity towards me ; but that she had in her own Brest a Principle of Enmiry and dissatisfaction , even to the Relation of being my Wife . Nay seeing the Scene appears , t is too easie to understand what Plot is laid and concluded ; If she can survive me ( which she thinks very probable ) and hath no issue of our two bodies ( which she is resolved never to have ) by keeping her self from me , Then will she be a Fortune indeed , and her Widdowhood be worth its weight in Gold . And if in the mean time ( during my life ) she can have from the Lords Commissioners ( by way of Alimony ) 300 per annum , she will think her self in a better condition , than her father , who had but 240 l. per annum , both for himself and his whole Family : And to prosecute the Sute , she hath 1200l . worth of Jewels already , and 500l . in ready Cash advanced , and her Husband much in debt , so that peradventure she may outspend him also even at Law . But to obtain this glorious design , many difficulties are to be pass'd through ; And though she herself hath resolved to calumniate vehemently ( presuming that somewhat will gain a Belief amongst many ) yet will not this be enough ; and therefore , Witnesses must be prepared of as large Consciences as Foreheads : And for their better encouragement , They shall participate in the Gain and Advantage : Welcome Expressions and Opportunities to such Persons , whose defamed Lives , and necessitous Fortunes , rendred them , neither in a Capacity to live , or converse with People of any Honesty or Reputation . As for her part , her suggestions and insinuations were high indeed ; much fear she pretended ( for had it been more than a Pretence , all had been accomplished , and my life lost ) lest she should participate of the Sins and Punishments of Sodom and Gomorrah : And as for her body she durst not trust that with me lest ( at any time being Morose and Cholerick ) I should injure her by Blows ; or if kind , I should infect her with unclean diseases . To enforce these Motives upon the Minds of all People , who now took notice of these distractions , Never was there a more exquisite Vizard of Modesty put on by a Woman : Never were Expressions of Religion more distorted to an ill end ; no Projects and Practices of Obscenity and Murder it self , were wanting to colour these malicious devices against me ; Nay , so grossely infatuated was she in her scandall , that she represented my person to be more like to a Monsters than a Mans. Her Abettors are not wanting in acting their parts also ; What she insinuated they converted into clamours ; neither stuck to depose any thing , what possibly could be believ'd to be sworn by them , without any apparent contradiction . Having thus prepossessed the Ears of as many Persons of Quality as she could , and framed a Harmony of Testimonies ( as well as of Witnesses ) with as much Art and Cunning , as her own Wit , or her Abettors , ( or the matter it self could supply ) she took out with much eagernesse a Commission out of the Court , to make what proof she could of her Petition . Notwithstanding this further provocation also , my Lips were lock'd up with silence , as well as my Heart with sorrow , not retaliating Evil for Evil in the least measure ; or so much as intimating unto her , of her first Follies ( which if they were published by me ) might have raised a great Cloud upon her Reputation : Neither was I content to be totally Passive of what injuries had passed , but was resolved not to leave any means unattempted to reclaim her from these extravagancies . And thereupon went unto her in Person , with Mr. Escot , Serjeant Middleton , and Mr. Booth , at Mr. Zancheys house ( he himself being present ) and with as much Rhetorick as my real affection to her could dictate did passionately move her to a Reconciliation ▪ shewing what Scandal and dishonour would follow such differences , and promising withal , a perfect Oblivion of whatsoever had been acted against me ; And to fortifie my arguments the better , I desired all those Gentlemen there present , to do the office of Christian Moderators , and to endeavour to stop the Breaches between us , which were too wide already . Neverthelesse , by how much the more weight she perceived in our Reasons , the more obstinacy she discovered in her returns , utterly rejecting any agreement , upon what terms soever . Hereupon suspecting in her the apparent Symptoms of a sear'd Conscience ; and how that by my silence , the World began to infer a main Guilt of those Aspersions which had been divulged against me , Upon the serious advice of my Counsel ( though I cannot but acknowledge a very great Reluctancy thereunto ) I was perswaded to examine Witnesses also , both to vindicate my own integrity , and to discover unto the world the Grand Cheat that was contrived to gain my Estate ( which could no otherwise be accomplished ) without defaming my Person ( and if it were possible ) to take away my life also : which shall evidently appear anon . But before I shall give an Account of the proofs which were made on my behalf , I shall according to her own forwardnesse and Method give your Highness a short view , what was attested for her . One swore , That he saw me squieze her ( at eleven a clock ) one night , as She was going down stairs . Another that she heard my Wife complain of ill usage ( but though she lived in house with us ) never heard me give an ill word to her . Another heard her cry out , Help , Help , Murder , Murder ; and saw me take her by the Throat : Though I refer my self to my Affidavit on Oath , yet when I shall manifest it , ( That this Woman who swore this , was brought in that very night , and next morning conveyed away ) I suppose 't will be no difficult thing to perswade any one to believe , that this Creature was brought in on purpose to be a Witnesse against me . The Woman that swore this was brought in that very night , on purpose to be a Witnesse , and the next morning went away again . One Measter ( a pretended French Physician ) swore that she was ill ; and that there was a suspition of Poyson : but this was five moneths after she left me ; and was commonly reported to have the Pox , ( which being a Venemous Disease ) the Frenchman might safely swear ( with a mental Reservation , the frequent Practice of his Countrey-men ) there was a suspition of Poyson . This is the substance of what was sworn against Me , ( and should I name the Persons of the Witnesses ) they were more mean than their Testimonies ; The Chief of them was her Aunt Mistress Williamson ; of whom I shall say no other , but that her Way and Living is after the rate of 300 , or 400l . per annum , though it be well known , That neither her Husband , nor her self , have any Profession to live by , or any visible Estate , nor worth a Penny ; but are so nearly poor , That he or she dares not appear in publique , lest they be carried away by Bailiffs for the Multitude of Debts he owes . This is that ungodly Wretch , who too visibly hath been the Ruine , both of my self and Wife , as will appear from the Depositions themselves . One Person there was produced on her behalf ( whose Name hath a Reputation in the World , viz. Sir John Brampston ; ) yet all that he can depose for Her , is nothing which is material , but that he never knew her defam'd , but in this Busines , and that she was bred up amongst his Children ; and that he often endeavour'd a Reconciliation between us : Whether he did it , or no , I cannot affirm , but when I was told by him lately , and never heretofore , That he had a Pre-Morgage of the Estate of 240 l. per annum ( made unto him by Stepkins ) which was setled on Me for the Consideration aforesaid , I hope , that I shall not be condemn'd , as too jealous without a Ground , That he is fishing for his own Interest in our troubled waters . Were there ought else considerable deposed against me , I should deal so ingenuously as to relate it , being very confident , that at the hearing of my Cause before any in Authority , there will not be wanting Agents enough for her , to lay open the worst against me . One thing therefore more ( and that which they think most considerable against me , not in order to justifie her Complaint , but to take off a Belies , from what she knew I could prove against her and her said Aunt Williamson ) was briefly this , That I endeavour'd to suborn one Holdsworth ( a poor fellow about the Town ) to swear point blanck ▪ That my Wife was a Whore , and her Aunt Williamson a Bawd . That I may be impartial in this Narration , I shall cite the very words themselves of this Deposition , which are these . That in April and May was : twelve-moneth , He ( viz. this Deponent ) came to the Defendant , ( viz. to my self ) for Money for one Nicholas ; and the Defendant said , He could prove Mistress Williamson a Bawd , and would have had him sworn it ; and offered the Deponent money to swear the Plaintiff ( meaning Mrs. Ivie ) was a Whore . That he had made the Commissioners for him ; and said , That Stepkins and all his Family were Base People , and often offered him money to swear ; and said , he had two Witnesses more , if he would make up the third . How much Indiscretion , as well as Falshood , was in this Deponent , and both in them , who imployed this inferiour Person , and who too probably practiz'd that infamous Act of Creating Knights of the Post ( which seems to appear , even from the Oath it self ) For certainly , had I been provided with two Witnesses ( as he said I told him ) which Number the Law admits even in the highest Cases ) it had not only been an impertinent losing of my Money , but my Honesty also , to no purpose : Besides there are scarse any so ignorant , but understand how difficult a thing it is to prove even a Whore , a Whore . 'T was against the Advice of my Counsel , and my own Inclination also , to examine any VVitness of so mean a Quality in such Differences , ( as these are between my self and my VVife ) lest the contemptibleness of the Evidence , might derogate from the Truth of the thing : Most of those ( whom I produced to give Testimony on my behalf ) were persons of fair Estates , many hundreds per annum , and such , who for many years past , have been Justices of the Peace in their Country , &c. But more ( of this Nature ) I omit : For ( without Doubt ) Poverty & Honesty are not inconsistent : The most precious Saints of God , are more frequently found cloath'd with Raggs , than in a Kings house : Job himself was more acceptable to the Lord on the Dunghill , than in his costly Palaces : But withall there must be a Poverty in Spirit , as well as in Estate ; otherwise , they will forfeit both their Religion to God , & their Credit amongst Men : For certainly a poor Man ( being notoriously vicious and scandalous ) is to be reputed rather a Vermin in Nature , than a Member of Christian Society , whose Testimonies stink in their own Nostrils , and their Memory shall perish with them . That your Highness may the more knowingly judge and determine , both of this and other Proofs against me , I humbly begg leave to lay before your Highness the Manifestation of my Answer which I returned to my Wifes Petition , and what Evidences I produced to the cleering of it . 1. To the first Charge in the Petition ; That I left her destitute of all manner of Livelihood and Subsistence . 'T was Deposed , ( Besides her having of 1200l . worth of Jewels in her Custody ) That I maintained her with meat , drink , and cloaths , and all Conveniences in a very plentiful high way , l. A. fol. 19. f. 40 , 47. l. 3. f. 3 , 4 , 49. That she had the Disposal of all things in his house , f. 7. That he spent Twenty shillings a day in meat , besides Spice , Sugar , Wine , Beer , &c. fol. 8. f. 55 , 56 , 57. That he importun'd her to go live with him into Wiltshire , l. A. f. 4. l. 13. f. 9 , 10 , 11. That she was richly cloathed , fol. 60. Had a Coach and Horse for her use . f. 67. Besides a Coach , he provided for her Journey a single horse , worth 45 l. f. 68. and a Riding Suit worth 40 l. and horse furniture , worth 40l . more . l. B. f. 68. That she absolutely refused to keep me Company into the Country , but would rather stay with her Aunt Williamson , l. C. fol. 13. That I gave 100 l. to Serjeant Middleton , the Serjeant to the Lords Commissioners , and Mr. Pauncefoot , a Clerk to several Committees , to perswade her to go with me , l. A. f. 8. That she refused notwitstanding , l. A. f. C. And for her Reception , I immediately declared in my answer , my Willingness to receive her , and cohabite with her , and provide her all necessaries , and conveniences whatsoever . To the Objection which follows in the Petition , That my Usage was Cruel . 'T was deposed , That I ever expressed much Love towards her , and was an Indulgent Husband , l. A. f. 18. 39. fol. 2. l. B. f. 3. f. 48. l. C. f. 10 , 12 , 19. That I ever shewed a Willingness to pleasure her in any thing , l. B. f. 63. That the squeezing her by the arms , was but the holding of her , when she attempted to run from me , intreating her with all fair words to stay , l. B. f. 82. To the third Charge , That I had given her foul Diseases , ( meaning the Pox ) 't was not only Deposed , that I was then free , but upon the Search of my Body , ( which I voluntarily did desire might be done by able and honest Physicians ) but there was not the least Sign or Symptome , that I ever had that fowl Disease . l. B. f. 35 , 36. l. C. f. 4. And at that time that this was reported , she her self was free from it , l. B. f. 37. And for my further Vindication herein , I beseech your Highness to read , but these two Certificates under Oath of three eminent Doctors , and one Chirurgion ; the President of the College of London , Dr. Pruiean , Dr. Wedderburn , Dr. Nurse , and Mr. Boon . WE whose names are hereunto subscribed , do certifie , That Thomas Ivie Esquire ( upon a scaudalous Petition exhibited against him by Theodosia his wife ) that he had infected her With that foul Disease of the Pox ( as the said Mr. Ivie informed Vs ) did desire Vs , and voluntarily offer himself to be searched by Vs concerning the same . Whereupon , upon search , and view , had of his naked body ; We find , That Mr. Ivie is not only free from the said disease , but so free from it , that we cannot perceive , that he was ever tainted therewith : Witnesse our hands . Francis Pruiean President of the Coll. of Physicians in London . Thomas Nurse M. D. Hen. Boon Chirurgion . London 30 May , 1651. WE whose names are hereunto subscribed , do certifie , That about the moneth of June last 1650. Vpon the scandalous report published of Thomas Ivie Esq who lately before had married Theodosia , Daughter of Iohn Stepkins Esq , that he had the foul Disease of the Pox , and had given it unto his Wife , That at the request of the said Mr. Ivie , by Examinations and Answers given by him , and others having interest , we did find that the said Mr. Ivie was clear of the same Disease , and had no Symptom or Token thereof : Also we ( upon examination of the said Mr. Ivie ) did find him to be clear of the said Disease at that time , Witness our hands . London 30 May , 1651. Thomas Nurse M. D. Jo. Wedderburne M. D. Hen. Boon Chirurgion . Besides all this ( that there might be nothing wanting to make out the Integrity of my Soul , and the Cleernesse of my Conscience , before all the World ) I did voluntarily ( for the Court compels none in these Cases to return an answer upon Oath ) make this Affidavit before a master in Chancery , and at the next opportunity of participating of the Sacrament , immediately before I touch'd those sacred Elements , did declare and avouch the Oath , which I had taken , to be unfeignedly true , without any Equivocation , or mental Reservation whatsoever ; and did thereupon print and publish it to the World , as followeth . Thomas Ivie of Malmsbury in the County of Wilts , Esquire , and Husband to Theodosia Ivie , late Widdow of George Garret deceased , and Daughter of Iohn Stepkins Esq deceased , maketh Oath , &c. HAving often with grief and anguish of mind considered those many scandals and aspersions which have been laid upon me by my own wife , from whom my Soul once expected as much happinesse , as could be hoped for in a Conjugal Estate ; and finding how easie the minds of many Persons , and those of quality too , have been , not only to give an Ear , but a Faith also , to those abominable Reports , which She and her Abettors have rais'd and fomented , utterly to abolish ( if in their power ) my Reputation , either as a Gentlemen , or a Christian ; both which , ( I trust ) have been honourably preserved with much Constancy and Fidelity amongst thousands of Persons in those places where I have had long abode ; lest I might be adjudged guilty in those things , which are only private to our selves , and which cannot admit of any proof or witnesse on either side , her personal and single Affirmation , being the only argument to induce the world to the belief of so vile , and inhumane actions ; I have thought it most necessary , besides these Proofes which are taken in Chancery , to vindicate my innocency , not only with a bare negation , but with such a one as is ratified with the solemnity of an Oath : This I do the rather , because in these unhappy Cases between the Husband and the Wife , the Answers which are returned to the Petition , are not deposed to , as in other Proceedings in Chancery , neither can I content my self to stop here , but am willing to give the highest satisfaction that a Christian can expect on Earth , and shall therefore chose such a time as the receiving of the most precious Body and Blood of my Saviour , Jesus Christ ( of which with all humility this day , having strictly examined my own heart , I intend to participate ) as to declare my innocency thereupon to those principal points which are objected unto me by my Wife : were there any other waters of Tryal under the Gospel , as there was under the Law , I could most safely adventure the drinking of them to clear my self before the World : But this , I hope will give a plenary satisfaction to all Godly and Consciencious Persons , who ( if ever ) will give Credit to the words of an afflicted Spirit , will now doe it , after such a solmn sort . And I do first upon my Oath say and affirm , that I have been so far from Acting and Committing that foul Sin of Sodomy upon her Body , that I never had within my brest the least inclination or desire to so vile & abominable a thing ; neither did I ever attempt to perswade her by fair Words and Inticements , or to move her by threats , or ever used the least force or strugling with her to compass any such Base or Heathenish Designe , as she most falsly and opprobriously charged me with . And moreover , whereas on a certain night she was necessitated , in preservation of her life , as she had suggested to the Lords Commissioners , and several others , to leap out of the Bed from me , to cry out , Murther , Murther ; alleging , that I offer'd violence unto her by pinching , beating , and striking : Now I do protest and depose before Almighty God , that this was done without any such provocation , even in the least measure ; Nay at the same time , while she was attempting to leave my house , and running to her Fathers , I us'd all the friendly and kind Perswasions which I could expresse to detain her , and onely holding her by the arm , without the least hurt as I believe , I often repeated my hearty Sollicitations unto her to remain with me : But I do really beleeve , upon the consideration of several Circumstances and Passages since that time , that both her Out-cry , and her Subsequent Behaviour was design'd before that night . If any thing at that time might be look'd on as a shadow to justifie her proceedings , it was this , That a little before she leap'd out of the Bed ( amongst other Discourses ) I intimated a Dislike of her Carriage , which was observed by others , towards one who pretended to be her Physician ; This , and this only , was all the Cause and Occasion ( if this be any ) of her forsaking me at that time . And for all other times whatsoever , I do affirm upon Oath , that I never gave her the least stroak in my life , or ever did so much as pinch her in Jest , to the best of my Remembrance , or did ever directly or indirectly , let fall from my mouth any kinds of Threats whatsoever . And I do further swear , That untill such time as she exhibited that foul and scandalous Petition to the Lords Commissioners , that I lov'd her unfeignedly , respected and esteemed her above all Creatures in the World ; and as I layd down my Fortune at her feet when I first married her , so would I have layd down my Life too , for her good and preservation . Nay , I do allege further upon my Oath , that notwithstanding that scandalous and false Petition exhibited against me in pursuance of her malicious designes , she had examined Witnesses to defame me ; yet out of Christian and tender Consideration of the Relation wherein I stood towards her , as a Husband , I was willing from my heart , and did endeavour ( by the severall means of Persons of Quality , allyed both to my Self and Her ) to compose all differences , that We might for the future Cohabit together in Peace and Content ; and not to regard any Aspersions which she and all her Witnesses , being there examined , had cast upon me , not to retaliate in the least measure , still deferring the Examination of my Witnesses against her , and attending whether it would please the Lord to give her a sight of the Error of her way , and to return her home to her Husband , who was most willing to receive her . As to that Aspersion cast upon me , That I committed folly with her Servant Jane Gilbert , though I need not say much to it , the Maid her self , and other credible Witnesses having clear'd me in that point , both in Court , and on her Death-bed ; and convinced the World of the horrid and unheard-of Practices of her and her Abettors , in abusing and exposing the body of the said Jane to the View and Search of severall men , and suborning her to give in Testimony against me ; yet that the World may know the Integrity of my Soul in this also , I do further swear , That I never entertain'd within me the least thought of corrupting her Chastity , or did ever commit any unlawfull or dishonest action with her , from the time I knew her to this day . And lastly , whereas I am charged by my Wife to have suborn'd severall Witnesses against her , and particularly one Holdsworth ; I call the Lord to bear me Record in this also , and do upon my Oath affirm , That I did never directly or indirectly procure any Witnesses against her to testifie farther than the truth of the thing , what he or she would knowingly and safely , without breach of Faith or good Conscience , Depose . True it is , that Holdsworth being imployed as a Bayliff to arrest me at the Sute of my Wifes Taylor , for a considerable sum of money , which she her self was indebted for , and behaving himself civilly towards me , I gave him five shillings , and for no other end or purpose ; And upon my Oath , I protest , that I never had any such Communication or Discourse with the said Holdsworth , to any such intent or purpose , as he hath most maliciously deposed against me . Thomas Ivie . Sworn August the 4th 1652. Thomas Benet . WE whose Names are hereunto subscribed , do Certifie that this is a true Copy of the Oath , which Mr. Thomas Ivie did take before Doctor Benet , a Master in Chancery , which also he avouched to be truth before and after his receiving of the Sacrament , which he received since his last dangerous sicknesse : As witnesse our hands the 6th . of . August , 1652. Nic. Bernard Doctor of Divinity . John Baber , Doctor of Physick . Thus much , ( and I think more cannot be expected or done by a man ) was offered for my personal Vindication ; and that it may be visible unto your Highnesse , with what Persons I have dealt withall : I shall summarily recite the heads of those Proofs , which were made concerning this Wife who begg'd Alimony ; and shew your Highness the blazing Star , which enlightn'd her in these destructive ways to both our ruins ( I mean her Aunt Williamson ) concerning whom , 't was sworn , That Mrs. Williamson did ever abuse Mr. Ivie , and was an Incendiary between him and his Wife , and the chief Causer and Promoter of the Differences and Breaches between them , l. A. f. C. l. f. 79. l. C. f. 18. f. 19. 27 , 38. That Mrs. Williamson perswaded Mrs. Ivie not to go into the Country with her Husband , l. A. f. 60. That Mrs. Williamson several times spoke soandalous , opprobrious , and disdainfull speeches ( against Mr. Ivie ) to his Wife , l. A. f. 51. l. B. f. 12. That Mrs. Williamson said Mr. Ivie had the Pox , and had given his Wife the Pox , l. A. f. 52. l. 3. f. 13 , 14. That Mrs. Williamson reported that Mr. Ivie had bugger'd his Wife , l. A. f. 52. That Mrs. Williamson reported , that he had got Jane Gilbert ( his Wifes Servant ) with Child , ib. That Mrs. Williamson told Mr. Ivie ( who by reason of her ill name had forbid his Wife to keep her company ) that she would keep his Wife company in spight of his Teeth , l. A. f. 60 59. That Mrs. Williamson told Mrs. Ivie , that if she would separate from her Husband , she would enforce Alimony from her Husband for her , l. A. f. 61. That Mrs. Williamson told Mrs. Ivie , that when she was separated from her Husband , they would live together , l. A. f. 62. That Mrs. Williamson brought to Mrs. Ivie , a lock of Snellings hair , l. B. fol. 27 of which she made a Bracelet , set it with Ribbans , and wore it on her wrist , l. C. f. 29. That Mrs. Williamson bid her wear it next her heart , l. B. f. 30. That Mrs. Williamson encouraged Mrs. Ivie to give her Husband base language , l. C. f. 31. and told her , she did well therein , l. C. f. 32. That Mrs. Ivie relating , how She had given her Husband ill words , Mrs. Williamson runn unto her , and told her 't was well done , l. C. f. 33. That Mrs. Williamson received the Goods , which were embezelled from Mr. Ivie by his Wife , l. B. f. 40. That Mrs. Williamson sollicited Mrs. Ivie , to let Snelling lie down with her on a bed ; ( and when she had effected it ) went out of the Chamber ; and left M. Wheatly to keep the door , l. C. f. 43 , 44 , 45. That Mrs. Williamson encouraged Mrs. Ivie , not to give any Acounts of moneys which She had received from her Husband ; Telling her , what was her Husbands , was her own , and why should she account for her own , l. c. f. 58. l. A. f. 61. That Mrs. Williamson lived in a house of ill fame in a little blind Alley , l. C. f. 72. That Mrs. Williamson seldom lives with her own Husband , l. C. f. 79. That Mrs. Williamson made Snelling a Favorite of Mrs. Ivies ; and that she not only perswaded Mrs. Ivie , but cry'd out unto her to lie down on bed with the said Snelling , l. C. f. 80. That Mrs. Williamson called Mr. Ivie Clown , and Fool ; and advised Mrs. Ivie not to go with him into the Country , l. C. f. 13. And that he was an ugly fellow , l. C. f. 20. That Mrs. Williamson carried Letters for Mrs. Ivie to her Gallants , l. C. f. 16. That Mrs. Williamson said , She hated Mr. Ivies child , because 't was his , l. C. f. 21. That Mrs. Williamson brought Mr. Snelling to Mr. Ivies house , after he had forbid him , l. C : f. 21. That Mrs. Williamson ( the very next day after Mr. Ivie married his said Wife ) made horns and mouths at him behind his back , l. C. f. 21. That Mrs. Williamson reported that Mr. Ivie had a Whore , and it being replyed , that 't was hard to prove any such thing ; she answered , that she would hire a Whore to lie with him , and take him in the fact , and so obtain Alimony for Mrs. Ivie , l. C. f. 26 , 38. That when Mrs. Ivie said , she should love her Husband very well ; Mrs. Williamson replyed , that if she should love her Husband so well , they should be all undone , l. C. f. 26. That a Fortune-woman looking in Mrs. Ivies hand , and telling her , that she and her Husband should live long together , immediately thereupon Mrs. Williamson wish'd her hang'd for her news , l. C. f. 25. That Mrs. Ivie telling Mrs. Williamson , that her Husband gave her so good words , that she knew not what to do , ( meaning , whether she should proceed in the plot against him ) at which Mrs. Williamson answered , Hang him Rogue , Damn him Rogue , l. A. f. 52. How horrid the actions of this Person have been , in some measure is laid open ; But how contagious the conversation ( of this monstrous and unchristian wretch ) is , willbe too sadly and experimentally demonstrated by these following Depositions concerning my Wife and her self ; about whom 't was sworn , That notwithstanding the great Estate I had setled upon her , and the vast summs of money I had expended for her use and ornament , which any one would think , ( had been enough to have purchased a common Gratitude and Civility to a Husband ) she immediatly after our marriage slighted me to my face , never returned , in the least measure , any reciprocal affection , l. A. f. 39. 1. That immediatly after our marriage , she held correspondency with Sir William Killegrews Son , under the name of Ornaldo , called her self Callis , l. C. f. 15. 2. That the said Killigrew confessed upon his own Oath four Letters that he had sent her , and alwayes writ himself Ornaldo , and her Callis , Kill : own Deposit . 3. That she admitted both Sir William Killigrew and his Sonne her Corrivals ; and that young Killigrew threatned to kill his Father , and her Husband also , l. c. f. 15. 4. That Sir William Killigrew chid Mrs. Williamson for suffering his Son to be so familiar with Mrs. Ivie , l. C. f. 15. 5. That Mrs. Ivie ( under the name of Callis ) promised to Ornaldo a Courtesie , l. C. f. 15. 6. That Mrs. Williamson was used to carry Letters between them , l. C. f. 16. 7. That if Mr. Ivie did carry her into the Country without her consent , Ornaldo would pistol him , l. C. f. 16. 8. That she received Letters , and held Correspondency with one Mr. Snelling , whom Mr. Ivie had forbid his Wifes Company and house , and sorbad her likewise to receive him , l. C. f. 15. 9. That Mrs. Williamson brought in Mr. Snelling to Mr. Ivies house , after that he had forbad them both ) and Mrs. Ivie received them , l. C. f. 21. f. 18. l. B. 79. 10. That Mrs. Ivie went abroad after her Husband was in bed , to meet with Snelling at Mrs : VVilliamsons house ; and both Mr. Snelling , and Mrs. VVilliamson brought her home to her Husbands door , which was about 12 a clock at night , l. C. f. 27. 11. That Mrs. Ivie going out of her Bed-chamber after Mr. Ivie was in bed , and being asked by him , whither she was going ? replyed , that she was retiring to her devotion , but went to Mrs. VVilliamson , l. C. f. 25. 12. That she was with Mrs. VVilliamson and Snelling , ( who lay there by the name of Clerck ) a whole day , at the Sugar-Loaf in Long-Acre , ( a suspected house , ) l. C. f. 11. l. C. f. 25. 13. That she was frequently conversant with Snelling , l. C. f. 74. f. 22. 14. That Mrs. Ivie met with Snelling at a Cooks house of ill Report in a blind Alley in St. Martins Lane , l. C. f. 76. 15. That Mrs. Ivie lodged and abode there , out of her Husbands house , many days and nights together , l. C. f. 72. 16. That she refused to return to her Husband , when he sent for her , l. C. f. 73. 17. That she being asked by her Husband at any time ( when she returned home ) where she had been , refused to answer , l. C. f. 77. 18. That Snelling had spent a 1000 l. on Mrs. Ivie , and Mrs. Williamson , B. f. 26. 19. That Snelling came up into Mr. Ivies Bed-Chamber with a Pistol in his Pocket , and questioned him ( before his Wife ) for forbidding him his House , l. C. f. 23. That Snelling would defend her with Pen and Sword , l. C. f. 23. 20. That Snelling came often to Mrs. Ivie , when her Husband was out of Town , l. C. f. 22. 21. That Snelling was frequently private with her in her Bed-Chamber , l. C. f. 23. 22. That she lay out of her House , when her Husband was out of Town , l. A. f. 40. 23. That when her Husband was out of Town , she made a great Feast for Mr. Snelling , Mrs. Williamson , Mrs. Wheatly , Mrs. Nowell ; All three notoriously known to be — l. A. f. 42. At this time the Plot for Alimony , and the practices upon Jane Gilbert ( which cost her , her life ) were in probability contrived . 24. That Mrs. Ivie sent to Lilly , who ( amongst other things ) returned this Caution to beware of two Women , describing Mrs. Williamsom , and her Companion Mrs. Wheatly , l. A. f. 57. 25. That she o ten sent to Fortune-Tellers , and particularly to one Mrs. Nowell a soresaid ( lately Cook maid to my Lady Cunny ) l. A. f. 58. l. C. f. 33. 34. 35. All that she enquired of these Wizards , was to know how long I should live . 26. That when Mrs. Ivie was separated from her Husband , then she and Mrs. Williamson would live together , l. A. f. 62. 27. That Mrs. Ivie her self laid Copper●s in the Window , and gave out in speeches that her Husband had laid Poyson there , l. A. f. 53. 28. That her Chirurgion , ( being asked how she did , after he had visited her ) said that her hair came off , and shook his head ; And that he had made her an Issue , l. A. f. 62. 63. This was above six moneths after she had left me . 29. That she immodestly said before two , viz. Snelling and Killigrew , that her first Husband had done the part of a man , twelve times the marriage night , But that this Husband had done but eight . 30. That she was too familier with her own Father , his hands were seen under her Coats , l. C. f. 18. 31. That Mrs. Ivies Father was often in bed with her , l. C. f. 20. 32. That she gave 100 l. to her Brother , and promised to keep his Wife , in case he would murder her Husband ; and procured from the Council of State a Passe to carry him beyond Seas , after the murder was executed . This was proved in the upper Bench the Term , before my Lord Chief Justice Roles ; and she was bound over to the good Behaviour : The Passe was there produced , and is now in my Custody . Besides these short intimations , many foul and horrid stories ( could I have produced ) of Designs for my Destruction : but because I was not able to make out clear and evident proofs of them , I was unwilling either to trouble the Court , or disturb my own Thoughts , with any thing lesse than Realities and Demonstrations . One History . or rather a Dismal Tragedy , acted by my Wife ; Mrs. Williamson , and their conspiracy , was with all its Circumstarces , so clearly delineated in the Depositions , that I should wrong my Cause , should I not relate this also : and perhaps few Romance's or Gusman himself can parallel it . It being resolved at the Feast , ( which was held at my house , when I was in the Country ) by my Wife , Mrs. Williamson , Mrs. Wheatly , and Mrs. Nowells ( being the Persons ) for whom that Treatment was provided ; That though the Scandals of Sodome were sufficiently high , which had been divulged against me ; and would render me odious to the World : Yet seeing 'twas but a matter of Fact between us two in private , which could not be proved more , than by her single affirmation ; and that her own Midwife ( having search'd her for that very purpose ) had so streight a Conscience , that she would not swear , that my Wife had been injured in those parts ; Did therupon conclude , that some other way must be found out , which might admit of Testimonies ; otherwise , they suspected , my Wife could hardly obtain Alimony , or procure a separation from me . Hereupon it seems , This Plot was afterwards put in execution upon Jane Gilbert : It s proved , l. C. f. 115. This Wench they picht upon to be the Instrument of their Design , because she being actually a Servant in my House , it might be thought very easie for me to find an opportunity to lie with her ; and being also of a sickly disposition , it would be no difficult thing to raise a suspition , that she might possibly be with Child , especially , being not well recovered of the Dreggs of the Small Pox , which she had had a little before . Hereupon Mrs. Williamson ( that she might the better colour her Intention privately ) carried this Maids water unto one , whom they call Trigg , a Shoo-maker ( as I have heard ) by Trade , and enquired of him , whether the Party that made this water , were not with Child ? Trigg ( having good Instructions , and doubtless a large Fee ) Ordered Mrs. Williamson to bring the said Jane Gilbert unto him , and he would search her . At her return home to my Wife , there was a new consult , how they might carry the Maid to Trigg , and make her willing to be search'd ? leave that to me , ( said my Wife ) and immediatly went unto Jane Gilbert , and said , Jenny , my Father hath sent for my Aunt Williamson and me to Breakfast to morrow morning , and hath commanded me to bring thee with us , because he hath provided a Dish of Milk and Eggs , that which he knowes thou doest dearly love : The Maid ( little suspecting any mischief , couch'd under this pretended Kindness ) thank'd her Mistress ; but by reason of the many cloaths she had to steel and starch against the morrow , ( being Sabbath-day ) was willing to be excused : Nay Jenny , replyed my Wife , you must and shall go ; for I know my Father will be angry , if we bring you not . So a Coach being call'd , my Wife , Mrs. VVilliamson , and the Maid went to Mr. Stepkins house , but neither found him , nor the Milk and E●gs : Ah , quoth Mrs. VVilliamson , are we serv'd so ? wee 'l make a mornings work of it , now we are out ; me-thinks I have a rumbling in my Guts , pray let 's go to Doctor Trigg ; Agreed , said my Wife ; And as they were passing from Mr. Stepkins to Triggs house , my Wife and Mrs. VVilliamson ( being very frolick ) began to jest with the said Jane Gilbert , and perswaded her to make Trigg believe , she was a new married VVoman , and so that would put a Trick upon the Doctor his skill . After they were all arrived in the Doctors presence , Mrs. VVilliamson made a private address unto him , and pretended to have acquainted him with the pain in her Guts . But having ended her Tale in privat , What think you , said she , of yonder new married Wife ? Trigg ( having felt her pulse , and bid her spit once or twice ) told her , she was Splenetick ; Like enough that , quoth Mrs. VVilliamson ; But is she not breeding Doctor ? Yes , I warrant you , said he ; so the wench turning about , and smiling , was bid go out by Mrs. VVillamson , ( that she and her Mistress might have some private Discourse with Trigg , about the Drink which they had given her ) which she did accordingly , whilst her Mistress , Mrs. VVilliamson and Trigg held a long Conference together ; when this Scene was over , All returned home . About three or four dayes after the said Jane Gilbert , having been promised leave by my Wife to go visit her friends in the Country , for the Recovery of her health , my Wife took her into a Chamber , and said , Ah Jenny , But I have somewhat more to tell you , ( and thereupon shut the Chamber door , none being present but them two , and Mrs VVilliamson , ) 'T is commonly reported , Jenny , quoth my Wife , that you are with child , and 't is my desire to have it cleer'd : Tush , said Mrs. VVilliamson , if it be so , I warrant you 't is by the Best in the house ; ( meaning my self ) Let us know it , for we can , and will conceal it , and so dispose things , that it shall never be a discredit , or disgrace unto her ; Nay , if she will confess that she was with Child , they would provide for her ; But , said they , if you will refuse to let us know it , and go into the Country , we will Report , that you are gone to take some Physick to destroy the Child . The Maid now considering what snare they had brought her into , by going to Trigg , ( as aforesaid ) being perswaded to act the part of a new married woman , was astonished at this Surprizal , and cryed out , The Lord protect me , for I am very innocent from any such thing ; and withall my heart , said she , will I do any thing , that may give you satisfaction , or clear my self from this Scandal . Look here , said my Wife to her , my Father hath sent me a Letter , where he says , That Doctor Trigg sayes that you are certainly with Child ; and if you will not confesse , you must be whipped in Bridewell . As they were thus Discoursing , ( often intimating that 't was their Designe to make this Maid confess her self with Child by me ) in came Mrs. Sessions , my Wifes Midwife , whom she perswaded to search Jane Gilbert , which she willingly submitted unto ; and the midwife ( in their presence ) acquitted her from being with Child . Hereupon , my Wife commanding some tears from her Eyes , wept passionately ( as she seemed ) and breaking into great Passion , said , Ah Jenny , have I loved and entertained thee thus long , been as kind to thee , and as tender of thy good , as if thou wert my own Child , and canst thou conceal any thing from me ? Doubtless thou art with Child : and therefore come , put on your mask , for you shall once more to Doctor Trigg , who understands these things better than any midwife ; and he will prove you to be with Child : And that you may not think I have any Plot upon you , ( that Objection was very strong within her ) put on your mask , ( that the Doctor may not know your face again ) and fetch your Water ; and Mrs. Sessions shall go with you . The Maid being perplexed in mind , and far from any of her Friends , knew not what to do in this condition : But being urged by her Mistresse went again with the Midwife . After the Midwife had given Trigg her Water , and discourst with him privately ; He called to Jane Gilbert , and bid her go up stairs with him : But the poor Wench ( not knowing which to prefer , her Modesty or Innocency ) refused to go with him ; until at length ( being clamour'd at , and absolutely forced up to his Chamber ) she was necessitated to follow him : VVhere Trigg began to acquaint her , that her mistresse Mrs. Ivie , had told him , that she had been too familiar with her Master , and therefore he must search her : And did thereupon ( in a most rude and violent manner ) force his hands under her Coats , to her naked Body ; and did use her in a most abominable way , &c. And when he had effected his businesse , he told the Midwife that she was with Child ; though the Maid absolutely and earnestly denyed the same . Hereupon they left Trigg , and returned to my VVife , who having heard the Relation from Mrs. Sessions , what had been done ( being totally unsatisfied ) caused her to be carried to another Physician , Dr. Hinchley , and shewed him the VVater ; and desired him also to search her in like manner : But his Verdict was unlike that of the ( Mountebanck ) Trigg ; for he peremptorily avouch'd she was not with Child . Notwithstanding all this could not satisfie the aim of my VVife , and Mrs. Williamson : But once more she must expose her nakednesse to a search of another Doctor , a Man-midwife , Dr. Hinton , who in like manner , as Dr. Hinchley ( notwithstanding Mrs. Williamson and my VVife did earnestly sollicite him to attest that she was with Child ) acquitted her from being with Child ; and would justifie her to be a Virgin . These two Testimonies did no way forward their Design , for by this means , all the pains in Threatnings and Perswasions , ( to acknowledge her self with Child by me ) began to be undervalued , by how much the more the said Jane Gilbert had been acquitted by the two Doctors and Midwife , and accused only by that Ignorant Quack Trigg . And therefore seeing the VVench was so obstinate that she would not comply with them , ( and least at my return she might discover this unto me ) a new Project was set on foot , so to terrifie the Wench , that she might leave London immediatly . And thereupon they came unto her , and told her , that Mr. Stepkins , my Wifes Father , would doe her a notorious Mischief if she would not acknowledge her self with Child : Mrs. Williamson advis'd the Maid to goe for a while into the Country , until Mr. Stepkins his Anger was over . Upon this account she was sent away to her Fathers house in Hertfordshire , where immediately after her arrival , she received a Letter from my Wife ; that her Father Stepkins was so incensed against her , that he would not suffer her any longer to live with my Wife . Notwithstanding the great love she bore , she would not leave her destitute of a service , but would provide a convenient Place for her , Scarce eight days had passed , but down comes Mrs. Williamson to her ( pretending she had been at Cambridge ) and came out of her way on purpose to see her ; Though 't was evident she came directly from London to the said Jane Gilbert . Insomuch that the Maid suspected some farther ill towards her ; ( having been formerly so abused ) But parling together , about former Passages , The Maid asked Mrs. Williamson ; what Ill she had deserved from her Mistresse , that she should be so disgraced , as she had been ; and though she found her guiltlesse , she should now be put away ? Well , quoth the Maid , by Gods help , I will be to morrow in London , and will endeavour to right my self from these Aspersions . Whereupon she found the end of Mrs Williamsons Journey ( was to hinder the Maid from comming to London ) ( because I was the day before arrived out of the Countrey ) lest she should see me , and discover what had been done unto her ; in order to make her confesse that I lay with her , and that she was with Child by me . Mrs. Williamson now perceiving , that the said Jane Gilbert was resolved to make a stir in this soul businesse , returned with all speed to my Wife ; and wished her to think of a way , how to hinder her from speaking with me . The next Day , as soon as the said Jane Gilbert came to my house , my Wife met her at the Door , and giving her many good words , perswaded her to take a Lodging near that place , ( and change her name ) and that she would pay for it . The Maid ( very much troubled at this usage ) was very pressing to know what offence she had ever given her ; Truly , quoth my Wife , Sweet Jenny , I love thee most dearly ; But the Truth of all is , my Husband and his friends give out , that 't is unfit for me to keep a Gentlewoman to wait upon me , besides common Servants ; and that 't was their envy towards her , and therefore she must be gone : but withall assur'd her , that she would provide a convenient place for her . My Wife now thought , that she had ( by this Trick ) made the Maid believe me to be the sole cause of her turning away , and sufficiently exasperated her against me ; yet did not despair of a complyance from her , and therefore said , For my part , I am content you stay this night , ( that she might farther try her ) and to morrow thou shalt have another Lodging look'd out for thee . But my Wife understanding the next morning , that I began to parle with the Maid about the passages aforesaid , ( which indeed were communicated to me in the Country ) knockt very furiously for her to come up into her Chamber ; and commanded her immediately to leave the house , and would not suffer her to speak any more to me . Whereupon she went to one Mr. Prices house , a Brother of one of her fellow servants , and lay there privatly , ( as she thought ) but 'twas made known to my Wife ; who immediatly sent a Maid to sound of what temper she was , and how she stood affected towards her : and it being return'd , that she was full of Disdain and Passion , by reason of the aforesaid practices against her ; and that she would forthwith send for her Trunks , they were immediatly seized upon by my Wife , and looked up in her Closet . Notwithstanding , upon this Report , the maid did not send , but came her self to demand her Trunks ; and I seeing of her in the house , began to ask again , why she went away , and upon what occasion that Searching of her ( by men , and women ) were ? But her Mistress calling her Queane for acquainting me with it , and threatning to strike her for it , denyed her the Trunks , and caused her forthwith to be sent away : And the very next Day Mrs. Williamson and my Wife gave out in Speeches , ( amongst my Family , and Neighbours ) that they had broke open the Trunks , and had found that she had been a Baggage , and a notorious Thief , and stollen her Goods . And thereupon ( the better to secure the Wench , either for complaining of these Abuses , or telling me the Truth of her Usage ) they procured a Warrant from my Lord Chief Justice Roles to apprehend the Maid for her Life , ( having charged her with Fellony . ) But finding that the Maid kept in , and that by vertue of the said Warrant , they could not enter any house to take her forth , they entered into a new Project , how the Wench might be secured ( both Tongue and Person ) and also , that they might seize on her , wheresoever she was . To this end , Mr. Pauncesoot was look'd on as a fit Instrument ( having Relation to the Lord President Bradshaw ) and was desired to procure them a Warrant from the Council of State , upon Pretence , that this poor VVench held Correspondency ( with the Enemies of the Commonwealth ) beyond Seas , and so apprehend her : By vertue of which VVarrant she was seized on accordingly ; and kept Close Prisoner 18 days together with great hardships . During this Imprisonment , a Gentleman came to this VVench from my VVife , advising her to humble her self to her Mistress , and to confess her self Guilty , and much to that purpose , but she ( being innocent ) utterly refused any such Acknowledgement . During this Imprisonment , many Petitions ( for to be heard at the Council ) did she attempt to present , but were still kept off by the means of the said Pauncesoot , neither could she ever be heard . At length my Wife and Mrs. Williamson finding nothing could prevail ( after sorrow and grief ( in this lamentable condition ) had almost killed her , they had contrived a meeting for the Wench ( by the permission of her Keeper ) in Moor-fields ; where , as soon as my Wife saw her , she fell into a deep fit of weeping to the Wench , and told her how dearly she loved her , and that she was in perfect friendship with her , and earnestly desired that all things ( which had passed ) might be forgotten ; promising withall , ( that in a very short time ) she would abundantly expresse , how sensible she had been of her late Sufferings . Hereupon my Wife , without ever acquainting or procuring their Order for her freedom , ( only giving the Messenger of the Council of State 20 l. ) caused the Maid by her own Power ( by which it seems she stood commited ) to be set at liberty . But very suddenly after enlargement ( her body being quite spent , and her mind almost distracted with grief and melancholy ) She died ; and in her Death bed professed solemnly ( that by reason of those Cruelties , which had been practised upon her , by Mrs. Williamson , and Mrs. Ivie ; and especially by the operation of a Potion given her by them , ( which upon the words of a dying woman ) she believed to be poyson ) That they had been the cause of her death ; and that she doubted not but that the Almighty God would require her Blood at their hands . After these things were laid open to the Lords Commissioners for the great Seal ; I little expected that Vices should be received for Reasons ; that such abominations should have been thought worthy the protection , not to say the encouragement of such eminent Judges ; but with grief of heart , and empty Purse , may I say , that I found experimentally there Chancery rather a Court of oppression , than good Conscience ; nay , I have this peculiar in my Case ( that after all VVitnesses on both sides were examined ) they never afforded me that favour ( which they omitted to none ) as to command me and my VVife in Person to attend them , and to endeavour a Reconciliation between us . This I thought hard measure , because I was informed all others had participated of that Civility from them ; and the more hard , in regard my VVife had frequent and private addresses unto them , and I was never admitted any . The consideration of this , not only astonished me , but gave me a strong Alarm also to be very Circumspect , lest I might have as little Justice in their Sentence , as I had favour in their proceedings . And that on the other side , when I remembred , they openly declared before my Council , that nothing should be concluded without sending for both parties , and also their parties ; and also their Order of the 27 of October 1651. that they had denied her any expences of the Sute , in regard the merits of the Cause should be speedily heard ; I could not conclude within my self , but that I should be dealt withal according to their own Rules , and practice of all the of England ; and that a Summons ( upon a day of hearing should be first sent ) ere any Sentence pronounced , or Decree made in the Cause . But what I often suspected , and was intimated unto me by others , I had now too much reason to believe . For after eight moneths ( having all that while never received any command to wait upon their Lordships ) when all my Counsel was out of Town , Iuly 24 1652 : ( Her Counsel Mr. Vincent , and Lieut. Col. Zanchey , her Sollicitor , with a Sword by his side ) presented unto the Lords Commissioners , a final Decree ready drawn ; ( it not being first perused by Counsel of my side , as by the Rules of the Court it ought to have been ) for no less than 300l . per annum , ( a fair sum , and enough to tempt a good Woman to be bad : ) The Draught of the Order is thus . Lords Commissioners . Saturday 24 of July 1652. Between Theodosia Ivie Plaintiff , and Thomas Ivie her Husband , Defendant . WHereas the Plaintiff having exhibited her Petition ( against the Defendant her Husband ) to be relieved for Alimony , unto which the Defendant having put in his Answer , divers Witnesses were examined by Commission , and other were ( by their Lordships directions ) also examined by the Register , in the presence of Counsel on both sides ; And for the better cleering of the Matters , and Satisfaction of their Lordships therein , their Lordships were also pleased themselves to examine several Witnesses , viva voce ; And the Cause having taken up many dayes in hearing , ( after much Debate and Pains spent herein ; And upon full and deliberate hearing of what could be offered on both sides : And upon reading of the said Depositions , and of the Indenture made upon the Marriage ; whereby the Estate of the Plaintiffs Father , is setled upon Sir John Brampston , Knight , and William Booth , Esquire , to the uses in the said Indenture declared : ) Their Lordships were fully satisfied , that there is good cause to give allowance for Alimony to the Plaintiff ; And do Order , and Decree , that the Plaintiff have paid unto her , the summe of 300 l. by the year , which their Lordships intend to be had and raised , out of the Plaintiffs Fathers Estate , so setled in the said Trustees , as aforesaid , until farther order : And do therefore Order , that the said Defendant , and the said Trustees , shall authorize , or permit and suffer the Plaintiff , or whom she shall nominate and appoint , from time to time , quietly , and without interruption , to receive the Rents and Profits of the said Lands : And the several Tenants of the premisses are hereby ordered to pay the same accordingly , from our Lady day last ; And the said Trustees , and the said Tenants , in so doing , are to be saved harmless by the Decree of the Court . But in case the said Lands are in a greater yearly value than the said 300 l. per annum , And that the said Defendant shall at any time signifie so much unto their Lordships , And undertake and sufficiently secure the payment of 300 l. per annum , ( quarterly unto the said Plaintiff ) by equal portions , to be begin from our Lady day last , then the said Defendant is hereby decreed to pay unto the said Plaintiff , the said yearly sum of 300 l. accordingly , until further Order , as aforesaid : And that the said Trustees are in such Case to permit and suffer the said Defendant , and his Assignes , to receive and enjoy the Rents and Profits of the said Fathers Estate , ( any thing herein conteined to the contrary in any wise notwithstanding . ) Rob : Dod , Deput. Regist. Being advertized by a Friend of these irregular Proceedings , and perceiving what a Considerable part of my Estate was aimed at , I addressed my self immediately with this Petition to the Lords Commissioners , August 19. To the Right Honourable , &c. The humble Petition of Thomas Ivie Defendant , Husband to Theodosia Ivie , Plaintiff . Sheweth , THat several Papers have been brought to your Petitioner , intituled as Orders from your Lordships , but without any Subscription of the Register , or his Deputy . That at the end of one of the said Papers 't is mentioned , that unless cause ( at the next Privy Seal ) be shewn to this Court to the contrary by the Defendant , That 300 l. per annum , therein mentioned , shall be decreed : But on what day the next Privy Seal will be , or in what place , is not expressed in the said Paper ; Neither can your Petitioner ( by all possible means and industry ) find when and where he may attend your Lordships . Insomuch , that your Petitioner hath just Ground to fear ( if any such Order be ) either he may be surpriz'd , or a Decree might pass against him , without his Knowledge of the time , wherein he might make his just Defence , especially all his Papers being at present in the custody of his Sollicitor , Mr. Cox , who is not in Town . In tender Consideration whereof , May it please your Honours to declare , whether any such Order was made by the Court ; and at what time and place your Lordships have or will be pleased , peremptorily to appoint , to hear the Defence of your Petitioner , who with all humility and willingness , will attend your Lordships ; Hoping by Gods assistance , to give a full Demonstration of his Innocency and Integrity ; and to wipe off all the foul Aspersions whatsoever , which have been cast upon him , to ruine both his Person and Estate . And your Petitioner shall ever pray , &c. All the Return ( that I could obtain from the Lords Commissioners ) unto the said Petition , was this ; Let Mr. Ivie attend us , to shew us Cause , according to the last Order , on Tuesday next . 19th of August 1652. B. Whitlock , R. Keeble , J. Lisle . On the Tuesday following I did attend in Person , but without any Counsell ; all being in the Circuits with the Judges : And if I could have found any , it had been almost impossible to have fully instructed them in the Cause , there being so many Depositions , and those of so great Length . Whereupon I renewed my humble and earnest Request unto them , with all the Vehemency I could express , That they would make no Decree , before they had heard the merits of the Cause on both sides . Notwithstanding , I found 't was their Resolution to signe that irregular Paper , and to declare before-hand , that they had found just Cause for Alimony ; The Preamble of the Decree being full of Reflections , and conteining several Insinuations against me : all that they thought fit to adde , was this Clause , [ Vntill further Order . ] A dear Expression in Chancery , and as costly as the other , [ Vnlesse He shew Cause . ] Now , and not before , was the Order , ( which they commonly call the Decree , having put the Great Seal unto it ) delivered unto the Register to enter , which first ought to have been drawn by him , and then perused by Counsel on both sides . Had any one but heard , what smooth words the Lords Commissioners gave me at this time , telling me , That it should not be prejudicial unto me , and that they would hear my Counsel at any time , come when I would , and that 't was but a Temporary thing , and that they would deal tenderly with me , in so tender a Case , as between man and Wife , one would have almost been perswaded , that it had been my duty to have given my consent also : But though there was Honey in their Mouths , yet was there too too much Gall in their Inke , and Wormewood in their Decree . Had they but considered the Deed of Covenant which ( they professed ) they had perused , 't would have appear'd very evident , that there was no shadow for so great allowance , as 300 l. per annum : When her Father himself , and my Wife also made to me a Proposition , of giving her the liberty of living where she would , and setting out for her fit allowance , they themselves did desire , no more but 120 l. per annum , Depos. l. Besides of the Articles ( in my custody ) which they caused to be drawn to the same Purpose . But I suppose the Lords Commissioners were so far from considering what they signed , that they never read the Deed , which they mention ; nay , I think , I may safely say ; They did not , or would not consider the Act it self , for Alimony . For that Act impowers them , to give only such Alimony , as is proportionable to the Fortune which the Woman brought ; and that also to be raised out of the Husband Estate . Whereas the truth is , she hath not ( in all her Proofs ) proved , that she had been , or in probability could ever be worth a Penny to Me . And as for that Estate , which the Lords Commissioners did decree unto her , 't is true , I had an equitable Title unto it ; but it really did belong to the Heir , at Law , until such time as I had performed some small Covenant . Insomuch that Mr. Stepkins , his Son and Heir , also was injured by these proceedings of the Lords Commissioners ; for which he hath often made his Complaint , as well , as his just Title in Law , though to little purpose . I know full well , what shadow the Commissioners put on this dealing ; but whether it be just and righteous , I submit to your Brest , and that is thus . That although it was Covenanted , between Mr. Stepkins and my Trustees , that in case I did not perform all the Covenants ( to which I had obliged my self ) then was the said Estate of 240 l. to goe to the use of the right Heirs of the said Stepkins , until such time as I should perform : By virtue of this Clause , did young Stepkins , lay claim to the said Estate . Yet say the Commissioners , that Mr. Stepkins the Father ( Who had reserved unto himself the Remainder of the said Limitation , to me and my Wife ) made a VVill ; and by that VVill had acquitted me from any further Performance ; insomuch that the Estate was now totally belonging unto me . This I believe my VVife told them ; and peradventure shewed them such a VVill ; and this is their Ground : But by their leave , I cannot think , till such a VVill be legally proved , That it can be any Ground for them , to give away the Estate in such manner , as they have ; upon a bare suggestion of one Party , for whose interest and profit it was . Certainly had they been as conscientious Judges ( as they are Judges of Conscience ) they would have first caused her to prove the said VVill , ( which then had clear'd the Estate from the claim of my Brother Stepkins , and saved me the expences of some Sutes in Chancery , for no other end than to get the Will produced , which to this day , I am not able to doe ; Notwithstanding I have a Bill of Complaint depending before them for that purpose ) Neverthelesse all these discouragements , it pleased the Lord to give me a proportionable measure of Patience , to submit unto his correcting hand ; and in the most sore Afflictions ( which I have undergone ) he hath not with-held his loving kindnesses from me , nor the sweetnesses of his refreshing Spirit ; though many Oppressions and Grievances were daily multiplied , and many new Sutes at Law were set on foot against me by my Wifes means , who now seemed justified by them ; and my self vilified and undervalued . Yet was I not clamorous at their Bar , neither was I ever admitted to any private Speeches with them : or indeed did ever seek it ( being confident ) that my cause wanted the Protection of Justice only , and not favour ; but waited , still expecting when they would put their good Promise in Execution , and send for us , and endeavour a cordial Reconciliation between us . But after two moneths were expired , and hearing nothing from them to that purpose ( though many several Friends of Quality had moved them thereunto ) I address'd my self with an humble Petition for a hearing . After it was read , they appointed a day ( though it was somewhat far of ) yet it did abundantly revive me , hoping that that day would be the end of my trouble ; and that then , my reputation and estate , might be repaired ; my Person freed from the continual molestation of Catchpoles ; And my Wife her self ( whom I had perfectly forgiven ) restored unto my Bosom . The Order which the Lords made in Answer to my Petition , was this . Saturday 29 of April , 1653. Between Theodosia Ivie , Plaintiff , Wife of Thomas Ivie , Defendant . VPon the Defendants humble Petition , ( this day preferr'd to the Right Honourable the Lords Commissioners for the Great Seal of England ) shewing , That in the unhappy difference fomented by evil persons between the said Parties ; and the said Plaintiff hath petitioned their Lordships for Alimony , ( being separated from her Husband ) without his Consent ; Thereby intending to live a-part by her self , ( contrary to the Marriage Stipulation ) to the destruction of the mutual happy Comfort , ( that might , and ought to be between parties so nearly joyned ) pending with Sute ; Their Lordships ( as Judges of good Conscience ) did often move her to Conformity and Reconcilement , chiefly desired by the said Defendant , but the Plaintiff refused , And by an Order of the 24 of July last , their Lordships were pleased to appoint her 300 l. per annnm out of her Fathers Estate , until further Order ; And the said Defendant ( being daily arrested and troubled for the said Plaintiffs Debis ) cannot walk the streets , without molestation , by the Officers and Bailiffs ; It was prayed , That some day ( as soon as to their Honours should seem meet ) may be appointed to hear the Defendants Reasons , and the merits of the Cause , why the said Order should be null'd ; To command the Defendant and his wife to be personally before their Lordships at the same time ; so that there might be a final Conclusion of these unhappy and unnatural Differences , under which the Defendant hath long groan'd , to his utter Ruine : Their Lordships do thereupon Order , that Counsel on both sides be heard in the Business the first Day of Causes in Trinity Term next . John Sandford , Deput. Regist. My Hopes and Expectations being now raised from the Dust , I considered with my self , how I might represent the Case between me and my Wife , with the least prejudice to her : for upon some Debatings about the Witnesses I had examined against her , I found the Breach still made wider , by her Lawyers aggravations , than it was really in it self ; what was but a scar , they would tear open into a wound ; nay , they preferr'd a seeming Rhetorick so far before a Christianity , that rather than they would exasperate , they would speak Point Blank , to the very Papers they held in their hands . And therefore , to prevent the like Inconveniences , and aiming at a perfect Reconciliation , I drew up all ( that Counsel could be instructed in , or could offer at the Bar ) into writing , and for each Commissioner had a Paper ready to be presented , as follows . To the Right Honourable the Lords Commissioners for the Custody of the Great Seal of England . WHereas the Draught of an Order was on Friday August the 13th made , and presented unto your Honours by the Counsel of the Plaintiff , and Mr. Zanchie her Sollicitor , not entered into the Registers Book , or drawn up by him from any Notes taken in Court , or was ever perused by the Defendants Counsel before it was signed , according to the Rules of the Court ; in which Order it was mentioned , that 300l . per annum should be raised out of the Fathers Estate , which was selled at the Marriage upon Sir John Brampston Knight , Orlando Bridgman Esq and William Booth , to uses , &c. and upon the reading of it , it was Ordered by your Lordships at the same time , that unlesse the Defendant should shew cause at the next Privy Seal , a Decree should pass accordingly ; And whereas it was ordered by another of August the 19th , That on Tuesday following the Defendant should attend , and shew Cause why the said 300l . per annum should not be decreed ; May it therefore please your Honours to consider these following Considerations , which are all proved upon Oath , and good Evidence ; wherein he hopeth it is sufficiently cleared , that the Plaintiff neither ought to have any Alimony out of that which was her Fathers Estate , or out of her Husbands . Mrs. Ivie , the Wife of Thomas Ivie , suggesteth by her Petition to the Lords Commissioners , That her Husband hath deserted her , and left her no means to live ; That during her Cohabitation with him , she was in danger of her life , and became very weak , and for perill of receiving from him diseases of dangerous conseqnence , she cannot Cohabite with him , and prayes Relief . The Question is , Whether in this Case she ought to have Alimony . In which it will be pertinent , to consider the near conjunction that is between Man and Wife , and whether they be of equal Authority , or there be a Superior , and in whom that Superiority resteth . 1. The Original female Ancestor was taken out of Man , and by the Marriage-bond were made one flesh , though several Individuals , like the Celestial Gemini , that makes but one Constellation ; but the Government was placed upon the Man by God himself , who gave the Law in Paradise , saying , Thy desire shall be to thy Husband , and he shall rule over thee , Gen. 3. v. 16. 1 Cor. 14. 5 : 34. and by the Apostle remembred , That Women are commanded to be under obedience ; so saith the Law ; and that they submit themselves unto their Husbands , as to the Lord that is supreme , 5 Eph. v. 22. Thus far for the Divine Law . 2. The common Law says , that a Woman that is married is not sui Juris , but sub potestate Viri , hath no Will but her Husbands , though she may have a Stomach ; therefore the Civil Acts she does are void in common Law ; she can neither take nor give any thing without her Husbands consent ; She can have no reparation for any wrong done unto her Person by her self , without her Husband , and the damages that shall be recovered , shall goe to the Husband and not to the Wife ; And it is further to be considered the extension of that word Potestas ; It is of a great latitude , for Soveraign Princes and Governours , though they have rule and power of the People ; Yet they cannot beat , wound , or kill the People under them , nor doe any thing to their Persons corporally ; but according to their Laws , by Sentence or Judgement : But the Husband hath power of Correction upon the body of his Wife , and Servant , according to his own Judgement , so as he doth not wound nor kill , and is not prohibited by any Law . 3. The Civill Law ( as I take it ) agrees with the Common Law ; then it must follow by necessary consequence , that a married Woman without leave cannot depart from her Husband , which she must evidence by proof , no more than a Servant from his Master , a Subject from his Soveraign into forreign parts , who by his Missives is to return upon forfeit of his Estate ; which makes good what was said before , that she is not sui Juris , and in some sort expounds and explicates the potestatem Viri in Vxorem ; for the master may seize and carry away his Servant , if he find him , or implead him that shall keep him , and recover damages for the time he keeps him ; so may the Husband by his Wife ; which shews the propriety and interest which the Husbaud hath in his Wife , and for losse of her society and company ( though no other harm be done ) he shall recover damages against the detainer . Nay the Husband could not repudiate his Wife , but in case of Adultery , for that the Bill of divorce spoken of in the old Law , was not given by God , but permitted by Moses , to prevent a greater mischief ; for the Jews are cruel men to their VVives , and to prevent Vxoricidium , he gave way to it , Sed non fuit sic ab initio . The Case thus stated upon the impotencies and non-ability of the will of the Wife , and the just Rule and Power of the Husband over her will and Person ; t is considerable , whether by Law or Reason , a Wife departing without leave , shall have allowance to live separate , which is called Alimony . Alimony is a Thing not known at the Common or Civil Law , but indulged , and brought in by the Pope and his Canons , and very much put in Use by the late High Commission and Prerogative Court of Canterbury , wherein , upon Sentence of Separation from Bed and Board given by that Court , the Husband was enjoyned to make allowance to the VVife , and the Husband enforcd to give security for the payment , & many times imprisoned upon failer of performance ; yet in those cases , both of Bonds and Imprisonments , the Husband upon Habeas Corpus returnable in the uper Bench , where by Iudgment of that Court , discharged of both , if the Husband cohabit , because the Law saies , Quos Deus conjunxit , nemo separet . So as without the Husbands consent no separation could be made , and if no separation , no Alimony . Nor were personall Infirmities or diseases contracted after Mariage sufficient cause of such separation , because she may board though not bed with such a Husband ; but where the temper of the Husband was more severe and violent then discreet , That Court by the wisdom of prevention , which is better then the wisdom of remedies , did use by way of caution to take bond for the Husbands orderly usage of his Wife , to prevent the crueltie whereof they had no Iurisdiction , but only in causes and salute Animae , and not pro reformatione Morum , which belongs to the Common Law , and where upon complaint by the Wife in that kind the Common Law will enforce the Husband to give bond to secure both life and member of his VVife from maim and death . And certainly Reason is against it . 1 Reason commands obedience to Superiors , generally the Apostle puts it further for conscience sake , and disobedience is not cherished by any Reason . 2 One end of Marriage is Mutual societie and comfort , would be avoyded by the Act of the VVife , which is not to be admitted upon the petulant Allegation of difference betwixt her and her Husband upon personall Infirmities . 3 Mariage it self , and all the Laws of the VVifes subjection and capacity by so long time pronounced and received , by this meanes would be avoyded . 4 If God himself was pleased to say , it was not good for a Man to be alone , then surely we may safely say , it is not good for a VVoman to be alone ; for though they are the weaker Vessel , and have the lesser Reason , yet they have the stronger Passions , and more violent Desires , and so more subject to Temptation and Sin . 5 Lastly , for the inevitable Danger of illegitimate Bastards , and Clandestine Issues ( where the VVife is separate ) who concealed til the Husbands death , are yet inheritable to his Land ( though never begotten by him ; ) This Inconvenience sadly weighed , and how Epidemically it may run to all Families of this Nation , is of it self a sufficient convincing Reason , to bridle the rash hot appetit of inconsiderable women , and avoid all Alimony . But on the other side , If any Husband shall be so unjust to his VVife , and unkind to his own flesh , whom he is bound by Law to maintain , as to separate from her , and will not cohabite with her , Nisi propter Adulterium , or will consent to separate , it is most reasonable he should allow her convenient maintenance ; else he should take advantage of his own wrong and humour , and VVomen should be in worse case and condition than Servants , who during their contract must have their wages , which between Husband and VVife ends not till death . And it is conceived the Act of Parliament , which impowreth the Lords Commissioners of the Great Seal to allow Alimony , chiefly and naturally intends Relief , where the Husband doth repudiate , and not the VVife ; the words being upon consideration aswell of the Portion or Estate that hath been paid , or come to the Husband by such VVife as shall pray Relief . And therefore in this particular Case , it may be very justly insisted , even from the sence and letter of the Act ; as also that 't was Mrs. Ivie separated her self from her Husband , 't was not her Husband left her ; Nay , after she was gone , he used all affectionated and prudential means to bring her home to Cohabit with him , neither doth he desist in the prosecution of it , but hath several wayes attempted it , even untill this day , and doth still declare and protest his willingness to receive her , whensoever she will Return , and give security for his well Usage of her . That she wanted nothing before her departure , but was indeed maintained far above her quality , is most cleer from the Depositions , and it is cleer also from the Depositions , that there was no deserting of her by her Husband , but that her departure was absolutely upon Advice and consideration designed by her self and her Abettots , especially if your Lordships please to remember those unhandsome correspondencies held by her with Gentlemen under feigned names ; her frequenting and meeting them in scandalous houses in Long-Acre and other places , at unseasonable times of the night , under the pretence of withdrawing from her Husbaud ( being a Bed ) to her Devotion ; Those horrrid and detestable plots upon Jane Gilbert , even to the losing of her life ; Her charging her Husband with foul diseases , of which he was cleared upon Oath by the President of the College and other learned Physicians , And also her Contrivancies and Sollicitations to her Brother Iohn Stepkins to murder her Husband , which appears by the Oath of the said Stepkins . Moreover seeing that there is a Caution in the Act , that the allowance to the repudiated Wife ought to be proportionable to the Fortune she brought her Husband : May it therefore please your Honours to understand , 1. That he never received any penny portion as yet , and hath great reason to doubt whether ever he shall . 2. Because the Estate of her Father is at present in the aforesaid Trustees , and not in the Defendant , nay it is so setled on them , that unlesse I can raise and secure 4000 l. more , besides 7000 l. already laid out , they are not oblighed , neither will they , nor can they , convay it to the Defendant , as appears by the Indenture of settlement . 3. In case they should convay and setle on the Defendant the said Estate , 't is only for his life , and no longer ; for which Estate , being only 240 l. per annum , He has disbursed and laid out far more money than it is worth ; this appears from the Indenture ( viz. ) a 1000 l. to Mr. Stepkins in ready money , to free the Estate from incumbrances three years since . The Interest whereof comes to 200 l. In Jewels , Pearls , Ambergreeze , Bezoar , &c. to the value of 1200 l. There was also spent in Law to enforce the Trustees , who were kept back and hindred by Mr. Stepkins her father , to settle the Estate according to the Covenants , and for the fine and recovery 200 l. more at least , which makes 2600 l. That notwithstanding all the aforesaid sums of money have been laid out by the Defendant , the Trustees do still refuse to convey the Estate to the Defendant , and the Plaintiffs brother ( as Heir at Law ) hath since the death of his Father got the possession of the Estate , and receives the Rents , Issues and profits thereof : Insomuch that the Defendant hath been necessitated to expend great sums of money to maintain several Sutes at Law , both against the Trustees and Heir at Law , in preservation of his Estate for life , which he has so dearly bought as aforesaid . That by the Plaintiffs means there has been consumed and wasted of his Estate 4000 l. ( viz ) 3000 l. since marriage spent on her , 500 l. given in money , 100 l. given to Gentlemen of her familiar acquaintance to perswade her to goe into the Country , 300 l. taken in Silks and Plate from the Defendant , whilst that he was at the Court of Aldermen : He has also contracted several great debts to the value of 3000 l. besides 1000 l. spent in this unhappy Sute , and must therefore necessarily ( in case 3000 l. per annum be taken from him ) be cast into prison the most part of his life ( he having but 632 l. per annum of his own Estate ) and that for his life only , both to pay all his debts aforesaid , and to live on beside . Excepting the 240 l. per annum , which if it be recovered from the Heir of Stepkins , and recovered by the Trustees , all which will yield but a scant and bare maintenance for himself , Wife and Family , to raise out of it 3000 l. for the Creditors , and 4000 l. more according to the Indenture of settlement , unlesse the Defendant be acquitted and discharged of the said 4000 l. by the last Will and Testament of the Plaintiffs Father , in whom the remainder of the Estate was , in case the Defendant should have no Issue , or not perform the Covenants which he stands obliged to perform in the said Deed : And though the Defendant is credibly informed , that the said remainder is disposed of to the said Plaintiff , and the Defendant is also acquitted from all performance of any Covenants expressed in the said Deed of Settlement ; Yet so it is , that the Plaintiff having got possession of the said Will , and by combination with Sir John Brampston Knight , &c. his Son , the sole Executor of it , still keeps and detaines the said VVill from being legally proved : Insomuch that the Defendant cannot make any benefit of the said Estare , nor by Law enforce the Plaintiff to produce the VVill ( she being his VVife . ) That this is not a bare suggestion , I doubt not but is very evident to your Lordships , she and her Sollicitor Zanchey having often avouch'd in your Lordships presence , that both there is such a Will , and that your Lordships have seen it : This is also very well known unto her Counsel Mr. Maynard , who caused to be delivered unto Sir W. Row a true Copy of the said VVill taken from the Original , which was long in his Custody . But such is the Plaintiffs malice to the Defendants Person and Estate , that she still suppresses and hinders the proving of it , which is the sole cause of the continuance of many great Sutes and vast expences to the Defendant , both with the Heirs at Law , the Executors of the said Will , and Trustees of the said Estate ; That both the Defendant and Plaintiff must necessarily be defeated of all hopes of ever enjoying the Fathers Estate for the future , unlesse the 4000 l. aforesaid be raised and disposed of , according as is limited and appointed in the Deed of Settlement , or the said VVill proved , for in Default thereof , the Trustees are obliged by the said Indenture to settle the said Estate on the Plaintiffs Father , and his Heirs for ever . And the Estate is not as yet recovered by the Defendant , but is still invested in the Trustees , ( who are no parties to these proceedings ) and in the possession of the Heir at Law ; Insomuch that no Alimony , as the Defendant is advised by his Counsel , can be ordered from hence , because the Ordinance of Parliament impowreth the Lords Commissioners to allow the maintenence out of the Husbands Estate , not out of any others whatsoever . And the Plaintiff hath or ought to have in her custody 1200 l. worth of Jewels , which were delivered her according to the Indenture of Settlement at the Inter-marriage : And in case the Defendant survive her , ought to be restored to the Desendant , who hath too great reason to suspect that they are wasted and embezelled ; and therefore the Defendant humbly beseecheth your Lordships , that instead of giving her Alimony , you will be pleased to enforce her to give good security unto the Defendant , or bring the Jewels into Court , that so he may not be cheated of 1200 l. by the Plaintiff and her Abettors ; and unlesse your Honours yield to secure the said jewels whilst this cause depends before you , he doth not conceive where or how he can be redressed from any Court of England . That about the beginning of these unhappy differences , it was proposed both by the Plaintiff and her Father , that in case she mighthave her liberty to live where she would , that she would accept of 120 l. per annum for her maintenance , and look on it as a very good provision , which accordingly was agreed upon , and drawn into writing , and engrossed , by and with the consent of Sir John Brampstone her Uncle , and Orlando Bridgeman Esquire , two of her Trustees ; her Father also promising that his Estate should be setled according to the Covenants on the Defendant , without further Sute of Law ; but the said Defendant was unwilling to seal it , being very tender to Act any thing that might separate him from the continual enjoyment and society of his VVife ; so that 300 l. per annum , is more than her self , Father , Trustees and friends did think fitting by 180 l. per annum . That the Petition it self is both false and scandalous , and hath been disproved by several Witnesses ; nay the contrary also proved by Persons of Quality , that she lived very plentifully in great abundance , rather beyond , than under her Quality in every respect , as the Defendant hopeth is most visible to your Honours . That notwithstanding such vast sums have been expended on her by her means , and that the said Defendant is to pay to Creditors 3000 l. and to raise 4000 l. more to be secured unto the Trustees as aforesaid ; And that in case he recover the Plaintiffs Fathers Estate , 't will not with his own , make above 872 l. per annum , out of which all these moneys must be raised ; and in case 300 l. per annum of this shall be taken away out of the Plaintiffs Fathers Estate , which he has dearly bought , and purchased ; That 't will be impossible for the Defendant to avoid perpetual Imprisonment , but must be kept in Gaole , and the Creditors defrauded , and must there perish , and himself be cheated also of 1200 l. worth of Jewels ; yet he is most willing to receive her , and take her again , and forget all former Passages whatsoever , that so they may for the future lead a peaceable and godly Life together . Counsel also I did retain , very many , and great ones ; That in Case the Lords should refuse the Papers , and would not hear the Merits of the Cause in Publique , ( in regard I might not be wanting , to lose the opportunity of that Time which they had ordered for me ) I drew up also to be tendred at the same time ( that ( if it had been possible ) I might have prevented both Reading and Arguing too ) this short Petition following . Theodosia Ivie Plaintiff , Thomas Ivie Defendant . To the Right Honourable the Lords Commissioners for the Custody of the Great Seal of England , The humble Petition of Thomas Ivie , Defendant , Sheweth , THat your Petitioner ( with much Horror and Amazement ) doth consider the great unhappinesse of his future life , if your Lordships shall both separate him from the Society of his Wife , and take from him so great a part of his Estate , having such great debts to pay , as have been made appear to your Lordships . That he cannot Despair in the infinite Mercy of God , in whose hands are the hearts and desires of all Mankind , But that his Wife ( notwithstanding such vast sums of Money have been wasted , and such odious aspersions cast on him ) may yet return , and take Comfort from her Husband ( being passionately desirous to receive her ) if all Christian and prudent means , may be applyed . That for your Petitioners part , he doth ( as in the presence of God ) forgive her from the bottom of his Soul , and is most willing to Cohabite with her , so long as he liveth on Earth . That he hath often desired to express unto her , and used all the Iudustry ( as Man can imagine ) but once to speak with her ( even before any of her friends , to let her know so much ) but could never obtain any such meeting from her . In Order hereunto , he is very willing that a Godly and Conscientious Divine , ( may be received to live in house with your Petitioner & his Wife , ) both to exhort and instruct them in their Duties towards God , and one another ; and to perform all Gospel , and Family-Duties amongst them : for certainly the Lord will not deny a Blessing on those means which he hath ordain'd ; and which is unfeignedly sought after by a broken and contrite Spirit . And your Petitioner will oblige himself to allow any such Minister 50 l. per annum , besides all other conveniences whatsoever . May it therefore please your Lordships , not to pronounce any such hard Sentence ( as Separation ) but rather enjoyn your Petitioner and his Wife to live together ; and to appoint any honest and religious Divine to live with them , who may ever be at hand to pray with them , and for them , and to keep up their Spirits in Peace and Unity together . And your Petitioner shall pray , &c. Thomas Ivie . August 24th 1652. When the Day came , and the Counsel began to speak , my hopes were quickly commanded to vanish , and the Counsel to hold their Peace ; for they suddenly declared , That they would not hear the Merits of the Cause . With much pressing , Mr. Lisle read the Petition ; And though they took evident notice of it , yet would they not return any Answer to it ; or so much as demand of my Wife , ( who stood there laughing in their Presence ) whether she would return to me , or no ; Only they were pleased to find fault with that word [ Separation ; ] And told my Counsel , That they neither had , or could separate our Persons . These words they had no sooner spoke , but ( I confess ) I laid hold on ; though I had been most hardly and severely dealt withall , in the judgment of those that were present . Insomuch , That now I did despair , ever to find amongst them , and indeed , did determine to commit my Cause unto God , untill ( in his due time ) he should raise up Judges in our Israel , who should execute Righteons Judgement , even upon those Judges themselves . But in the mean time , I was advised ( which was very agreeable unto my own Disposition , not to leave any thing unattempted , which might be thought advantagious to a Union of Us , ) but to go personally to my Wife , and perswade her my self , to leave those Persons who aymed at both our Ruines , And to return to me , ( passionately willing to receive her . And if she should , ( notwithstanding ) refuse to speak , or go with me , then to demand her of those Persons who received her into their houses . Accordinly , ( taking two civil Gentlemen ) I went to her Lodging , but received a Repulse from her , instead of Complyance ; and then , seeing Mr. Williamson ( who kept the house ) I required from him the person of my Wife , who refusing her , was sued by me . And upon the Tryal before my Lord Cheif Justice Roles ( a renowned Person ) had a Verdict , Judgement and Execution of 100 l. against the said Williamson , for detaining my Wife from me . Many Counsels there were to argue the Case ; and the Decree itself ( under the great Seal of England ) was opened , read , and shewed the Jury : But my Lord Roles quickly stated the resolution of the Case in my behalf , and the Jury gave me 100 l. damages . Williamson ( now finding himself in a great Dilemma ) either to deliver up my Wife , or himself , to ruine ; and my Wife in so bad a condition , ( notwithstanding her glorious Decree ) that although she had 300 l. per annum , yet if she could not take the liberty of her old Companions , or any new one ( wheresoever she should be entertained ) for fear of Judgement and Executions ; began to take new Counsel , how to free Mr. Williamson and her self from this bondage of living under the Roof of a Husbands House ; and the truth is , sollicited it to the purpose ( amongst her old Patrons ) the Lords Commissioners . For with all speed , Williamson prefers a Bill in Chancery to be releeved against my Execution . And after he had preferted his Bill ( though my Answer was so clear , as it could not admit of one exception ) moved for an Injunction ( after Judgement and Execution granted at Law ) and to protect him for keeping away my Wife ; which was granted in these words , ( as fully as he could desire ) being ingrossed in Parchment and sealed . THe Keepers of the Liberty of England , by Authority of Parliamemt ; To Thomas Ivie Esquire , and to his Counsellors , Agents , and Sollicitors , and every of them , Greeting . It was informed in our Court of Chancery 10 November instant , in the behalf of George Williamson , Pl. against you the said Thomas , that the Pls. Bill is to be relieved against an Action and Judgement , thereupon obtained against the Pl. upon pretence of the said Pls. detaining of your ( the said Defendants Wife ) from you ; and it appearing in a Cause of Alimony , between you , the said Defendant , and your Wife , that their Lordships decreed her Alimony , during Separacion ; In which time , she ought to have a Habitation apart from you the said Defendant , as well as a separate maintenance , or else , the Decree were groundlesse : And we conceiving the doings of you ( the said Defendant ) to be altogether unjust , Do command , and by these presents strictly enjoyn you the above named Thomas Ivie , and you his said Counsellors , Attorneys , Agents , Sollicitors , and every of you , under the pain of 500 l. to be levyed of your Lands , Goods and Chattels to our use , That you , and every of you , ( do from benceforth ) surcease and forbear all further Proceedings ( at the common Law ) against the Plaintiff upon the said Action and Judgement thereupon , until the said cause shall be finally heard and determined before us in our said Court ; And this you , nor any of you , may omit in any wise ( under the penalty aforesaid , Witnes , our hands , at Westminster 10 November , 1653. Vera Copia ex May . This Injunction ( being now granted , Signed and Sealed , with the Commissioners hands under the great Seal of England ) is the Accomplishment of all their Designs ; and the compleating of my Misery ; though the Courts of Law , both could and have ( in some measure ) relieved me ; yet is the power of it restrained by this Injunction ; which indeed I suppose can be called nothing else , than a perfect Separation and Divorce : whether the Chancery ( being stiled the high Court ) ever receives from any Parliaments , such an unlimited power as this , It behooves them to make out unto your Highness . T is the opinion , both of the greatest and honestest Counsel of England ; That no parallel for this Case , no President of the like Nature , is to be found on Record ; Nay , they are not backward to aver , That it is as contrary to the Word of God , the Law of the Nations , the Civil Law , the Law of our own Country , as well as the Practice of the Chancery it self . Once did that Court ( by its own Authority ) issue out a Sequestrat●on upon a Gentlemans Estate , and it was by very many Persons admired , and murmur'd at ; but never could I near , that they ever sequestred Women from their Husbands . Were there not a superiour Jurisdict on over this Court , ( whose Determinations seems too too Arbitrary , ) being grounded solely uppon the Opinions ( not to say the Passions or Aff●ctions ) of two or three Erring men , what a miserable Bondage and Slavery were this Nation in ? what Benefit could we expect from all the good Laws of former Ages , if their power may be qu●●●'d , or supprest at the pleasure of the Chancery ? They might have ( for ought I know ) made an Injunction also , that I should never complain ; and if I had attempted to have made known my Case , to have aid me by the heels . But blessed be the name of our God Jehovah , whose extraordinary Providence hath been visible in this Land , that he hath raised up and setled your Highness to be next under himself the Supreme Dispenser of Justice and Righteousness to these Nations , which the Lord has happily placed under your Highness Government . By which means we have a just confidence to be assur'd , having had many Experiences already of your Highnesses singular piety and justice in those severall stations where the Lord has formerly placed you , That there shall be no more complainings made , either in our streets , or in the very corners of our Country , but shall be heard , and relieved even against the Great Ones amongst us . T is your Highness power therefore which I implore ; t is only your power can free me from those Fetters which are laid upon me by the Lords Commissioners ; only your power that can repair me for t●e Injuries done , ( both to my Person and Estate , which I have undergon ) by Reason of my seduced Wife ; T is you alone , that can restore me the Benefit of the Law , against those that have been Incendiaries and Abettors of these unnatural differences between us : That so my Reputation ( which hath been a long time clouded ) may be made cleer ; my Person ( which hath continually been molested with Catchpoles by my Wifes means ) may be at length free ; And that I may be in a condition to satisfie my Creditors ( their just debts ) whose Purses have supported me ; and that a final end may be put to these unnatural differences , concerning my Wife , as in Justice and Conscience shall seem meet unto your Highness . In order to this , I have deliver'd in my Petition , and the state of my Case , to Mr. Sadler , and Mr. Long , to be delivered unto your Highness . In these words . To the Parliament for the Commonwealth of England . The humble Petition of Thomas Ivie Esquire , Sheweth , THat your Petitioners Wife very suddenly after her Intermarriage with him , having got from him a Joynture of 1000 l. per annum , with 1000 l. in ready money to be left her at the time of his death , and 1200 l. in Jewels , 600l . worth of Cloaths , 500 l. in ready money , and accommodation to the value of 3000 l. in less than 18 moneths time , ( and all this without one penny portion with her ) hath not only deserted his Company , but hath preferr'd a scandalous Petition to the Lords Commissioners for the Great Seal against him , yet nothing material proved . That by these unnatural Courses , she hath caused him to spend 3000l . in this and Twelve other Sutes at Law ; by which means aforesaid , your Petitioner is become indebted at this present time 3000l . more at least . That he hath often tendred unto the said Commissioners his Willingness to receive her , and to give any security which they can require , to use her with all loving Respects becomming a good Husband . Notwithstanding the said Commissioners have allowed her 300 l. per an. Alimony ; and refused to hear the Merits of the Cause , though they had ordered it under their hands ; and have also granted an Injunction to protect such ( who keep the Person of his Wife from him ) contrary to Law . Insomuch , that your Petitioner hath no Remedy left in Law or Equity ( All which more clearly appears by the State of his Case and Narrative hereunto annexed . ) May it therefore please your Honours to commiserate his sad condition ; and ( in regard she obstinately refuseth to Cohabit with him in the Quality of a Wife ) to vacate the said Order of 300 l. per annum ; and to null the said Joynture of 1000 l. per annum , and 1000 l. in ready money ; and to enforce her to return the 1200 l. in Jewels , whereby your Petitioner may be inabled to satisfie his Creditors their just debts ; and that Reparation and Satisfaction may be made , both to his Reputation and Estate , as shall seem meet to your Honours Wisdoms and Justice . And your Petitioner , &c. To the Parliament for the Common-wealth of England . The State of the Case of Thomas Ivie Esquire . THat Mr. Ivie about October 1649. took to Wife Theodosia Garret Widdow , Daughter of Iohn Stepkins Esq on whom , by reason of the great affection , which he bore unto her , he setled 1000l . per an. oynture , and gave also security to leave her 1000 l. in ready money at the time of his death , and this without any consideration of a Portion from her Father , or any Estate left her by her former Husband , who not only left her without a Joynture , but in debt also . That the said Stepkins perceiving how really Mr. Ivie stood affected to his said Daughter , and with what cheerfulness and willingness he was resolved to settle all his Estate for the good and preferment of his said Daughter ; was content , that if Mr. Ivie would free his the said Stepkins Estate , which was 240 l. per annum then encumbred with several debts , or pay a 1000 l. towards the same , and deliver into the hands of the said Daughter 1200 l. in Jewels that then it should be setled on Mr. Ivie for his life , and afterwards to the use of his Daughter for her life ; And in case , he had no Issue by her , then to the Heirs general of the said Stepkins , or such as the said Stepkins should limit & appoint . Whereupon Mr. Ivie did deliver unto the said Theodosia rich Jewels to the value of 1200 l. in ready money to the said Stepkins to free his Estate accordingly . That Mr. Ivie then expected a reciprocal return of his affection , which he had so cordially demonstrated : But when the said 1000 l. was paid , and a firm and legal settlement of the Joynture made , and the Jewels delivered to his said Wife , He found great reason to uspect , that 't was rather his Fortune than himself , which she had wedded : For she not only sought all means to avoid ●is Company , but chose out those as she thought might be most offensive to him , and such ( whom by reason of the scandal they lay under ) he had prohibited her to converse with . Notwithstanding , seeing it was the pleasure of the Lord to unite them in so near a union ; Mr. Ivie was resolved not to leave any fair and honest motives ( either of Purle or Perswasion ) unattempted , which might encline her affection towards him ; and in order hereunto ( there was nothing which she ever proposed , which might be for her content ) that he did deny unto her : And in lesse than fourteen Moneths , she expended in apparel , 600 l. in ready money 500l . and for other Accommodations about 2800 l. besides the 1200 l. in Jewels , and 1000 l. in mone ▪ aforesaid ; which amounts to 6100 l. Nay , the Gifts were so great he bestowed on her , That he supposeth , she was even ashamed to request any more from him . Nevertheles she , by the evil counsel of her Confederates ( while he was at the Court of Aldermen ) did convey out of his house Plate , and rich East-India stuffs , to the value of 300 l. and divers other goods , which were by her and her Confederates carried away and imbezelled . That Mr. Ivie now finding his own Estate , as well as his Wifes Affection , too too visibly declining ; and that nothing could attend such an unhappy condition , but Ruine and Dishonour , to prevent both , perswaded his said Wife to retire with him for a while to his Estate in the Country ; thinking thereby to take her off from the Temptations of those seducing Persons , who engaged her in such pernicious courses . But instead of a complyance , he found a greater Obstinacy than ever ; neither could her own friends , ( who then perswaded her to leave the City for a while ) prevail with her . And that there might be no Industry wanting to perswade her , he gave 100 l. to two Persons of her familiar Acquaintance , to be urgent and sollicitous to endeavour the Accomplishment of his desire . But by the Practises of the said Confederates , she was seduced to the preferring of a vile , scandalous , and false Petition to the Lords Commissioners against Mr. Ivie for obtaining Alimony ; but not one syllable of her suggestions proved against him : Nay , the contrary proved by Mr. Ivie , by the severall Testimonies of many Persons of good Quality and Reputation , as appears by the Depositions themselves , besides his own Oath which he made in answer to the scandalous aspersions cast upon him . Notwithstanding this Vindication , after two years dependance in the Chancery , and the Expences of almost 3000 l. in this unnatural , and twelve other Sutes at Law , ( which were commenc'd against him , by the means of this Sute ) she obtained from the Lords Commissioners an Order in private for 300 l. per ann. Alimony . ( Notwithstanding Mr. Ivie was alwayes ready to receive her , and use her in a●l Respects according to her Quality neither , Mr. Ivie ) nor his Counsel being present , Notwithstanding they declared , That they would send for Mr. Ivie , ● they would give Judgement in the Case ; But never as yet did , nor ever yet heard the Merits of the Cause ; which ( in respect of the proceedings ) was contrary to the Rules of the Court ; and in respect of the Allowance ( in case Mr. Ivie had been guilty of the Complaint ) contrary to the Act of Parliament . Having thus Affliction added to Affliction , and being in Debt by the means of his said Wife above 3000 l. And having not wherewithall to sell to pay his Creditors , ( And in regard the Reversion of his Estate is setled on his said Wife ) he attended almost a year upon the Lords Commissioners for his Relief , that they would be pleased but to grant him a fair hearing upon the Merits of the Cause , in presence of both parties , with their Counsel ; which was by their Order accordingly granted , and a Day by them appointed . But when the Day came , and Mr. Ivie had retained to his great charge , many great Counsel , the Lords Commissioners absolutely refused to hear the said Cause ; which hath exposed the said Mr. Ivie and his Wife to all manner of Temptations , and their Persons and Estates to utter Ruine . And although at the same time Mr. Ivie did Request the said Lords Commissioners to recommend any godly Minister , whom they themselves should chuse to live in house with him and his Wife ( as an Expedient to a Peace and Reconciliation between them ) for which he obliged himself to allow any such Minister 50 l. per annum , besides all other fitting Accommodations whatsoever ; yet was this Proposall flighted by them , and laugh'd at by his said Wife , even in the presence of their Lordships . And since that time Mr. Ivie having sued those ( who received her , and denyed her unto him ) and obtained by just proceedings in Law , a Judgement and Execution against such Persons , The Lords Commissioners have notwithstanding granted their Injunction for their Protection . Insomuch , that they have now effected an absolute Separation ; which is contrary to the Law of the Nation , and the Act of Parliament for Alimony it self ; which was declared by my Lord Chief Justice Roles upon Reading the Decree for Alimony . FINIS . 
A10322	----	A defence of the iudgment of the Reformed churches. That a man may lawfullie not onelie put awaie his wife for her adulterie, but also marrie another. / Wherin both Robert Bellarmin the Iesuites Latin treatise, and an English pamphlet of a namelesse author mainteyning the contrarie are co[n]futed by Iohn Raynolds. A taste of Bellarmins dealing in controversies of religion: how he depraveth Scriptures, misalleagthe [sic] fathers, and abuseth reasons to the perverting of the truth of God, and poisoning of his Churche with errour.. Rainolds, John, 1549-1607. 1609 Approx. 302 KB of XML-encoded text transcribed from 51 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2004-03 (EEBO-TCP Phase 1). A10322 STC 20607 ESTC S115561 99850780 99850780 16007 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A10322) Transcribed from: (Early English Books Online ; image set 16007) Images scanned from microfilm: (Early English books, 1475-1640 ; 2340:8a, 726:6) A defence of the iudgment of the Reformed churches. That a man may lawfullie not onelie put awaie his wife for her adulterie, but also marrie another. / Wherin both Robert Bellarmin the Iesuites Latin treatise, and an English pamphlet of a namelesse author mainteyning the contrarie are co[n]futed by Iohn Raynolds. A taste of Bellarmins dealing in controversies of religion: how he depraveth Scriptures, misalleagthe [sic] fathers, and abuseth reasons to the perverting of the truth of God, and poisoning of his Churche with errour.. Rainolds, John, 1549-1607. 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Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Bellarmino, Roberto Francesco Romolo, -- Saint, 1542-1621 -- Controversial literature -- Early works to 1800. Divorce -- Religious aspects -- Anglican communion -- Early works to 1800. Divorce -- England -- Early works to 1800. Marriage law -- England -- Early works to 1800. 2003-09 TCP Assigned for keying and markup 2003-09 Aptara Keyed and coded from ProQuest page images 2003-10 Judith Siefring Sampled and proofread 2003-10 Judith Siefring Text and markup reviewed and edited 2003-12 pfs Batch review (QC) and XML conversion A DEFENCE OF THE IVDGMENT OF THE REformed churches . That a man may lawfullie not onelie put awaie his wife for her adulterie , but also marrie another . Wherin both Robert Bellarmin the Iesuites Latin treatise , and an English pamphlet of a namelesse author mainteyning the contrarie are cōfuted by Iohn Raynolds . A taste of Bellarmins dealing in controversies of Religion : how he depraveth Scriptures , misalleag the fathers , and abuseth reasons to the perverting of the truth of God , and poisoning of his Churche with errour . Printed ANNO 1609. The Preface to the Reader . GOod Reader , my love & reverēce to the author living , and to his memorie being dead : & my desire to serve the church of God by other mens woorks , who am not able to doe it by myne owne : have moved me to publishe this learned treatise , which Doctor Rainolds left ( as many other exquisit travels of his ) shutt vp in the closett of some private frends as in a fayre prison . Because my testimonie ( or any mans I know ) is of much lesse waight then the onely name of the author to cōmend the woorke , I will say nothing more in praise of it , then that it is an vndoupted woorke of that worthie & holy man , whose learning , dilligence , abilleties , meeknes , wisdō , & pietie made him eminent to vs , & may perhaps yeeld him more admirable to posteretie , which without envie of his person shal view the marks of thies graces in his writings , or take them by storie . Touching the argument I will onely say , that it seemeth the more woorthy such a mans resolution , by how much it hath bene formerly , or presētly is controverted amongst the learned . And if anie man be cōtrarie minded to this , which is the common iudgement of the reformed churches , he ( above others ) shal be my debttor , for helping him to so good a meanes of reforming himselfe : In matters of opinion ( chiefly divine ) he that conquer eth & he that is is cōquered devide both honor & proffit . If any man take good by it , let him give praise to God , if he take none , let him blāe none but himselfe : The next page will shew the contents , & order of the booke , The booke it selfe wil shew thee how good it is . fare-well . THE CONTENTS OF THE CHAPTERS . The first Chapter . The state of the question betwene the church of Rome , & the reformed churches being first declared , the truth is proved by scripture : That a man having put away his wife for her adulterie may lawfully marrie another . The second Chapter . The places of scripture alleaged by our adversaries to disprove the lawful liberty of marriage after divorcemēt for adulterie , are proposed , exāined , & proved not to make against it . The third Chapter . The cōsent of Fathers , the second pretēded proofe for the Papistes doctrine in this point , is prtēded falsly : & if all be weighed in an even ballance , the Fathers checke it rather . The fourth Chapter . The conceits of reasōs urged last against vs are oversights proceeding from darknesse , not from light : & reason it self , dispelling the mist of Popish probabilties , giveth cleare testimonie with the truth of Christe . An admonition to the reader . ALthough the Printer hath beene carefull , & supplied sometimes the defects of his coppie , yet hath he somtimes fayled , not only in mispoyntinge , or not poynting , or transposing , omitting , or adding , sometimes a letter ( which the readers iudgment , & diligence must helpe ) but in omission , or alteration of woords , obscuring , or perverting the sence ; which the reader shal doe wel to corect , before he reade the booke , as they stand herevnder . It is like enough there may bee more faults , especially in the quotations chiefly in the greeke woords written in a lattin letter , concerning which I onely desire that the author whose skill , and dilligence were admirable , might take no damage by other mēs faults . The faults are omissive , or coruptions of words . The woordes omitted are in the corrections following writtē in another letter , Faults escaped in the Printinge . Pag. 12. l. 1. reade some other cause . Pag. 19. l. 29 , reade but incidētly touched . Pag. 21. l. 28. reade owne argumēt , 39. Marg. 1. Cor 17. 10. 34. Marg. in the end . Iudg : 5. 31. Pag. 59. l. 11. read yet hath he not the generall cōsent , Pag. 74. l. 32. read , submitteth him selfe expresly , Pag. 80. l. 6. reade If notwithstanding . The corruptions of woords , correct thus , Pag. 2. l. 18. reade , Canonists . for Canoists Pag. 7. l. 24. reade , exceptions , for excepsitions , 16. Marg. in the quotation , out of Ioh ' 9. reade , verse 41. for 21. Pag. 31. l. 8. reade , Coumpts , in stead of Counsells of money . Pag. 53. l. 10. reade , the , for that papistes . Pag. 57. l. 10. read , Calumniously , for Calmuniously . 59. Marg. at the letter C. reade not extra but tittulo , & so at the letter D. for those places are not in the extravagants , but in the 4. booke of the decretals vnder those titles . pag. 60. l. 27. reade yea , for yet setteth downe , Pag. 60. l. 28. reade specifie them , for then . Pag. 61. l. 8. reade through error thought , for though , & mende there the poynting . Pag. 73. l. 22. read of all , for by all the rest , Pag. 75. l. 2. reade any Bishop ror my Bishop , Pag. 77. l. 19. reade one of theirs , for , out , of theirs , Pag. 78. l. 28. reade , convicted , in stead of corrupted by the texte , Pag. 90. l. 13. reade , the weaknes , for of weaknes The woords corrupted are written in another letter . OF THE LAVVFVLNES OF MARIAGE VPPON A LAVVFVL DIVORCE . The first Chapter . The state of the Question beeing first declared the truth is proved by scripture : that a mā having put away his wife for her adulterie may lawfully marrie another ▪ THe dutye of man and woman ioyned in marriage , requireth that a they two should bee as one person , and cleave ech to other with mutuall love and liking in societie of life , vntill it please God , who hath coupled them together in this bonde , to sett them free from it , and to dissociate and sever thē by death , But the inordinate fansies & desires of our corupt nature have soe inveighled Adams seede in many places , that men have accustomed to put awaye their wiues vppon everie trifling mislike & discontentment : yea , the Iewes supposed thēselves to be warrāted by Gods b lawe to doe it , so that whosoever put away his wife gave her a bill of divorce mēt . This perverse opiniō & errour of theirs our Saviour Christ reproved teaching that divorcements may not be made for anie cause save whoredome onely . For whosoever ( saith he ) shall put away his wife except it bee for whoredome and shall marrie another doth commit adulterie and who so marrieth her which is put away , doth commit adulterie . Now about the meaning of these wordes of Christ expressed morefully by on of the c Evangelists , by d others more sparingly , there hath a doubt arisen : and diverse men evē from the primative churches time have beē of diverse minds . For many of the fathers have gathered therevpon , that if a mans wife committed whoredome & fornicatiō , he might not onely put her away , but marrie another . Some others , and amonge them namely S. Augustine , have thought that the man might put away his wife but marrie another he might not . The Schooledivines of latter years , & the Canōists , as for the most parte they were adicted comonly to S. Austins iudgmēnt , did likewise follow him herein & the Popes mainteining their doctrine for Catholique , have possessed the church of Rome with this opinion . But since in our dayes the light of good learning both for artes & tongues hath shined more brightly by Gods most gracious goodnes then in the former ages , and the holy scriptures by the help thereof have bene the better vnderstoode : the Pastors and Doctors of the reformed Churches have percieved & shewed , that if a mans wife defile her self with fornication , he may not onely put her away by Christs Doctrine but also marrie another . Wherein that they teach agreeably to the truth , and not erroneously , as Iesuits & Papists doe falsly and vniustly charge them . I will make manifest and prove ( through Gods assistance ) by expresse words of Christ , the truth it self . And because our adversaries doe weene that the cōtrarie hereof is strongly proved by sundrie arguments and obiecttions , which two of their newest writers Bellarmin the Iesuit & a namelesse author of an English pamphlet , have dilligētly laid together : For the farther clearing therefore of the matter , and taking away of doubts & scruples I will set downe all their obiections in order , first out of the scriptures then of fathers , last of reasons , and answer everie one of them particularly . So shall it appeare to such as are not blinded with a fore-conceived opinion and prejudice , that whatsoever shewe of probabilities ate brought to the contrarie , yet the truth delivered by our Saviour Christ alloweth him whose wife committeth fornication to put her away and marrie another . The proofe hier of is evident if Christs wordes be weighed in the niententh Chapter of S. Mathews gospell . For e when the Pharises asking him a question , whether it were lawfull for a man to put away his wife for everie cause , received answer that it was not , and therevpon saide vnto him , Why did Moses then commande to give a bill of divorcement and to put her a way : Our Saviour sayde vnto them ; Moses suffered you because of the hardnes of your harte to put awaye your wifes : But from the beginning it was not so . And I say vnto you , that , whosoever shall put away his wife , except it be for whoredome , and shall marrie another , doth commit adulterie : and who so marrieth her that is put away , doth commit adulterie . Now in this sentence , the clause of exception [ except it bee for whoredome ] doth argue that he commiteth not adulterie , who , having put away his wife for whoredome marrieth another . But he must needes commit it in doing so vnles the band of marrirge be loosed and disolved . For who so marrieth another as long as he is f boūde to the former , g is an adulterer . The band then of marriage is loosed & dissolved betwene that man and wife who are put assunder and divorced for whoredome . And if the band beloosed , the man may marry another : seing it is written h Art thou loosed from a wife ? If thou marrie thou sinnest not . i Therefore it is lawfull for him who hath put away his wife for whoredome to marrie another . This argument doth firmly and necessarily cōclude the point in question , if the first parte & proposition of it be proved to be true . For there is no controversie of any of the rest : beinge all grounded on such vndoubted principles of scripture & reason , that our adversaries themselves admit and graunt them all . The first k they denie to weete that the clause of ex●eption in Christs speech [ except it be for whoedome ] doth argue that the mā committeth not adulterie , who , having put awaie his wife for whoredome , marrieth another . And to overthrowe this proposition , they doe bring soudry answers and evasions . The best of all which as Bellarmin avoucheth , is , that those words [ except it bee for whoredome ] are not an exception . For Christ ( saith he ) ment those words 1 [ except for whoredome ] not as an exception , but as a negation . So that the sence is whosoever shall put awaie his wife . except for whoredome ; that is to saie 2 without the cause of whoredome , & shall marrie another doth commit adulteric . Whereby it is affirmed that he is an adulterer who having put awaie his wife without the cause of whoredoe , marrieth another : but nothing is sayde touching him who marrieth another , having put away his former wife for whore dome . In deede this evasion might have some collour for it , if these words of Christ [ except it be for whoredome ] were not an exception . But neither hath Bellarmin ought that maye suffice for the proofe hereof and the verie text of the ●cripture it selfe is soe cleare against him , that he must of necessitie give over his houlde . For the principal pillar wherewith he vnder proppeth it , is S. l Austins iudgmēt , who hath so expounded it in his first booke touching adulterous marriages : Now of that treatise S. m Austin saith himselfe in his retractations I have written two bookes touching adulterous marriages , as neere as I could according to the scripturs being desirous to open and loose the knotts of a most difficult question . Which whether I have done so that no knott is left therein , I know not : nay rather I perceave that I have not done it perfectly , and throughly , although I have opened many creeckes thereof , as whosoever readeth with iudgment may discerne . S. Augustin then acknowledgeth that there are some wants & imperfectiōs in that worke which they may see who reade with iudgment . And whether this that Bellarmin doth alleage out of it , deserve not to fal within the cōpasse of that cēsure I appeale to their iudgmēt who have eies to see : For S. Augustin thought that the word in the orignial of S. Mathews gospel , had , by the Proper significatiō of it , imported a negation rather then an exception . As n he sheweth by saying that where the common Latin translation hath 3 [ except for whoredome ] in the Greeke text it is rather read 4 without the cause of whoredome . Supposing belike ( whether by slipp of memory or rather oversight ) 5 that the same words , which were vsed before in the fift Chapter of S. Mathews Gospel to the same purpose , were vsed also in this place : whereas here they 6 differ , and are well expressed by that in the latin by which S. Austin thought they were not so well . Howbeit , if thy had bene the same with the former : yet neither so might Bellarmin allowe his opinion : considering that the comon latin trāslation ( which Papists by there Councel of Trent are bound to stande to vnder paine of ourse ) expresseth 7 those likewise as a plaine exception . Which in deede agreeth to the right and naturall meaning of the 8 particle , as o the like writers vse it in like construction : even p then to , whē it hath as it were a link lesse to tie it vnto that meaning . Wherefore S , Austins mistaking of the worde and significatiō thereof is noe sufficiēt warrāt for Bellarmin● to ground on , that they must be taken so . As for that he addeth , that , albeit 9 both these particles be taken exceptively often times , yet may they also be taken otherwise , sith● one of thē is vsed in the Revelation as an adversative , not an exceptive : this maketh much le●●e for proofe of his assertion . For what if it be vsed there as an adversative where the matter treated of , and the tenour of the sentence doe manifestly argue that it must be taken so ? Must it therefore be taken so in this place , whereof our questiōn is ? or doth Bellarmin , proove by any circumstance of the text , that here it may be taken so ? No. Neither saith he a worde to this purpose . Why men●ioneth he then that it may-be takē otherwise , and is in the Revelation , for an adversative particle ? Truely I know not : vnlesse it be to shewe that he can wrangle , and play the cavelling sophister in seeming to gainsay and disprove his adversarie , when in trueth he doth not . Or perhaps , though he durst not say for the particular , that it is taken here as an adversative , which he coulde not but most absurdly : Yet he thought it policie to breede a surmise thereof for the generall , that shallower conceits might imagin another sence therein , they knew not what ; and they whose brasen faces should serve them thereto , might impudently brable , that our sence is not certaine , because another is Possible , evē as if a Iew beeing pressed by a Christian with the place of q Esay , Behoulde a virgin shall conceave , and bring forth a Sonne should answer that the Hebrue worde translated Virgin , may be taken otherwise sith that in the r Proverbs it signifieth a married woman : at least one that is not a Virgin in deede , though shee woulde seeme to be , But as the Iew cānot conclude hereof with any reasō , that the word signifieth a married woman in Esay ; because the thinge spoken of is a straunge signe & it is not straunge for a married womā to conceave and bring forth a Sonne : so neither can the Iesuite conclude of the former , that the particle in Mathew is ment adversatively ; because the words then doe breede noe sence at all ; in which sorte to thinkethat any wise man spake , were solly ; that Christ the worde and wisdome of God were impietie . Nay if some of Bellarmins schollers shoulde say that words must bee supplied to make it percit sence , rather than their maister bee cast of as a wrāgler : they would be quickely forced to pluck in this horne , or els they might chance to leape ( which is worse ) out of the frying pan into the fire . For adversative particles import an opposition and contrariety vnto that sentence agaynste which they are brought in Now , the sentence is , that who so put teth away his wife and marrieth another , doth commit adulterie . Wherefore , hee by consequent , cōmitteth not adulterie who doth so for whoredome : If the particle bee adversative , and must have words accordingly supplied , & vnderstood to make the sence percttt . Thus the shift and cavill which Bellarmin hath drawen out of the double meaning of the Greeke worde , is either idle and beateth the aire ; or if it strike any , it striketh himselfe , & giveth his cause a deadly wound . Yea that which he principally sought to confute , hee hath confirmed thereby . For sith the worde hath onely two significations exceptive , and adverstive , neither durst he say that it is vsed here as an adversative . it foloweth he must graunt it to be as an exceptive : & soe the place rightly translated in our English ( agreeable to the other in the 5. of Mathew ) except it be for whoredoe , which as in their authēticall latin text also doth out of controversie betokē an exception . Having al passages therefore shutt againste him for scaping this way , he sleeth to another starting hole : to weete , that if the worde be taken exceptively , yet may it be an exception negative . And this ( he saieth ) sufficeth for the maintenance of S. Austins answer . For when it is said , whosoever shall put away his wife , excepting the cause of whoredome , and shall marrie another doth commit adulterie : the cause of woredome may be excepted , either because in that case it is not edul●erie to marrie another ; and this is an exception affirmative : or because nothing is pres●tly determined touching that cause , whether it be sufficient to excuse adulterie or noe ; and this is an exceptiō negative , which in that S. Austin imbraced he did well . I would to God Bellarmin had S. Austins modestie . Then would hee be ashamed to charge such a man with imbracing such whorish silth of his owne fansing , as in this distinction of negative and affirmative exception he doth . For he handleth it soe l●wdly and porversly , by calling that affirmative , which in deed● is negative , and by avouching that to be negative , which is not : as if he had made a covenant with his lipps to lye , treadinge in the stepps of those wicked wretches of whom it is written s woe vnto them who say that good is evill , and evill good . For the proofe whereof it is to be noted that an excepton is a particular proposition contradictorie to a generall : So that if the generall proposition be affirmative , the exception is negative , and if the proposition be negative contrarywise , the exception is affirmative . As for exsamples sake t He that sacrificeth to any Gods save to the Lorde onely , shal be destroyed saieth Moses in the lawe . The proposition is affirmative , He that sacrificeth to my Gods shal be destroyed . The exception negative . He that sacrificeth to the Lord shall not be destroyed . u There is none good , but one , even God. saith Christ in the Gospell . The proposition is negative There is none good . The exception affirmative . One is good , even God. x I would to God that all ( layth Paul to Agrippa ) which heare me this daye , were alltogether such as I am , except these bonds . The proposition affirmative . I wish that all which heare me were such as I am altogether . The exceptiō negative . I wish not in bonds they were such as I am y No Church did communicate with me in the account of giving & receiving ●saving you onely sayth the same Paul to the Phillippians . The Proposition negative No church did cōmunicate with me in the account of giving and receiving . The exceptiō affirmative You of Philippi did . Likewise in all the rest of excep●tions adioyned to generall propositions , though the markes and tokens , as of generalitie sometymes lye hidden in the proposition , soe of denying or affirming doe in the exception : Yet it is plaine and certaine , that the proposition and exception matched with it , are still of contrarie quallitie , the one afirmative if the other negative , and negative , if the other affirmative . Which thing beeing soe : see now the Iesuits dealing , how falsly and absurdly he speaketh against truth & reasō . For sith in Christs speach , touching Divorcement for whoredome ; the proposition is affirmative Whosoever shall put away his wife , and marrie another , doth commit adulterie : it foloweth that the exception which denieth him to commit adulterie , who putting away his wife for whoredome , marrieth another , is an exception negative , But Bellarmin sayth that this were an exception affirmative . Yea which is more straunge in a man learned & knowing rules of logique ( But what can artes helpe when men are given over by Gods iust iudgment to their owne lusts and errors ? ) he ētiteleth it an exceptiō affirmative , even then and in the same place , when & where himselfe having set it downe in the words going immediarly next before , had given it the marke ōf a negative , thus , It is not adulterie to marrie another . And as no absurditie doth lightly come alone , he addeth fault to fault , saying that this is an exceptiō negative , When no thing is presently determined touching the cause , whether it be sufficient to excuse adulterie or no. So first to denie with him was to affirme : and next , to say nothing , now is to deny . Yet there is a rule in z Law that he who saith nothing , denieth not . Belike , as they coyned vs new Divinity at Rome : so they will new Lawe and new Lodgique too . Howbeit , if these principles bee allowed therein by the Iesuits authoritie , that negative is affirmative & to say nought is negative : I see not but al heretickes & vngodly persons , may as well as Iesuits , mainteyne what they list , & impudently face it out with like distinctions . For if an adversarie of the H. Ghost should be controuled by that we reade to the Corinthiās a The things of God knoweth no man , but the spirit of God : His answer ( after Bellarmins patterne ) were readie , that this proveth not the spirit of God to know those things , because it might be a negative exception . importing that S. Paul woulde determine nothing presently thereof . If one who dispaired of the mercie of God through conscience of his sines , & trespasses should be put in minde of Christs speach to sinners b Yee shall all perish except yee repent : He might replie thereto that the exceptiō is negative ; and this , though not in the former poynt , yet here were true ; but to make it serve his humour . he must expounde it with Bellarmin , that Christ doth not determin what shall become of the repentant . If a vsurer should be tolde that he c is forbidden to Give forth vpon Vsurie , d or to take encrease : & a theefe that he is e commanded To labour & woorke , & f so to eate his owne breade ; they might ( if they had learned to imitate Bellarmin ) defend their trades both , the one by affirming , that to forbidd a thing is to say nothing of it , the other , that to commande be tokeneth to forbid . In a worde , whatsoever opinion were reproved as false , or action as wicked , out of the scriptures , denouncing death eternall and paynes of hell thereto : the seduced and disobedient might shift the scriptures of , by glosing thus vpon them , that false is true and wicked holy : life ment by death , and heaven by hell . Or if the papists them-selves would condemne this kinde of distinguishing and expounding places , as senselesse and shamelesse : then let them give the same sentence of Bellarmins that negative is afirmative , and to say nothing is to denie . Whi●h whether they doe , or no , I will , with the cōsent & liking ( I do●bt not ) of all indifferent iudges , and Godly minded men who love the truth and not contention , conclude , that these lying gloses of the Iesuits doe not become a Christian. And seeing it is proved that an exception negative is not a pr●terition or passing over a thing in silence ( which if Christ had ment , hee could have done with fitt words , as wise men are wont ) but a flat denying of that in on case , which the proposition affirmeth in all others : it remayneth that Christ having excepted out of his generall speech them who for whore dome put away their wives , denieth that in them , which in all others he affirmeth ; and thereby teacheth vs that the man who putting away his wife for that cause , marrieth another , doth not commit adulterie . The next trick of Sophistrie , whereto as to a shelter our adversaries betake them , is that the exception ought to be restreined to the former branche of putting away the wife onely . To the which intent , they say that there are some words wanting in the text which must be supplied and perfected thus ; Whosoever shall put away his wife ( which is not lawfull except it be for whoredome ) and marrieth another , doth commit adulterie . This devise doth Bellarmin allowe of as probable , though not like the foresayd two of negation and negative exception . But our English Pamphletter preferreth it before all . And surely if it were lawfull to foist in these words which is not lawfull : the Pamphletter might seeme to have shewed greater skill herein then Bellarmin . But men of vnderstanding and iudgmēt doe knowe that this were a ready way to make the scripture a nose of waxe and leaden rule ( as g Pighuis doth blasphemously tearme it ) if every one may adde not what the circūstances & matter of the text sheweth to bee wanting , but what himself listeth to frame such sense thereof as pleaseth his conceit and fansie . The sundrie interlasings of words by sundry authors into this very place and the wrestings of it thereby to sundry senses may ( to go noe further ) sufficiently discover the fault and incōvenience of that kinde of dealing . For h the Bishop of Auila supplieth it in this manner who so putteth away his wife , except it bee for whordome , though he marrie not another , committeth adulterie , and whoso putteth her away in whatsoever sorte , if he marrie another , doth commit adulterie . Freier Alphōsus i checketh and controlleth this interpretation , partly as too violent , for thrusting in so many words ; partly as vntrue , for the former braunch of it : sith hee who putteth away his wife , not for whoredome , although he cause her to commit adulterie , yet doth not himselfe commit it , vnlesse hee marrie another . Wherevpon the Frier would have it thus supplied rather . Whose putteth away his wife , not for other cause but for whoredome , and marrieth another , doth commit adulterie . But this though it have not soe many words added , as the Bishop of Auilas , yet in truth it is more violently forced against the naturall meaning and drift of the text . For by adding these words Not for other cause , his purpose is to say , that whoso putteth away his wife for noe cause but for whoredome yet committeth adulterie , if he marrie another ; much more if hēe marrie having put away his wise for any other cause . And so is Christs speech made in effect cleane contrarie to that which his owne words doe geve : hee saying Whosoever shall put away his wife except it bee for whoredome : and the frier forcing him to saie Whosoever shall put awaye his wife although it bee for whoredome , and shall marrie another , doth commit adulterie . k Nicolas●f ●f Lira beeing , as in time more auncient then the frier , soe more sincere and single in handling the scripture , saith that other words must bee interposed to the supplying of it thus . whoso putteth away his wife except it bee for whoredome , sinneth , and doth agaynst the lawe of marriage ; and whoso marrieth another doth commit adulterie . Wherein though hee deale lesse vyolently with the text , then doe the frier and the Bishop : yet hee offendeth also in their licētious humour of adding to the scripture , where nothing was wanting , and making it thereby to speake that which hee thinketh , whereas he should have learned to thinke that which it speaketh . yea Bellarmin him self acknowledgeth that they all were overseene herein , albeeit censuring them with gentler words , as he is wont his favorites and freinds . For the explicationsl ( sayth hee ) which the Bishop of Auila , Alphonsus a Castro , and others have devised , are not soe probable . But why should these be noted by him as improbable , yea denyed vnworthy the rehersall , and that of his owne , though adding in the like sorte , which is not lawfull , be allowed as probable , yea magnyfied as most true by the pamphletter ? The reasons which they both , or rather which Ballarmin , for the pamphletter doth no more here but English him , as neither els where for the most parte , though hee bragg not thereof : the reasōs then which Bellarmin doth presse out of the text to breed a persuasion in his credulous schollers that this interpositō is probable and likely , are pressed indeed according to the proverb ; The wringing of the nose causeth bloode to come out . For hee sayth that Christ did not place the exception after those words And shall marrie another , but straight after those whosoever shall put awaie l and likewise when hee added , and whoso marrieeth her that is put away committeth adulterie hee did not ioyne thereto ; Except it bee for whoredome : to the intent that hee might shewe that the cause of whoredome doth onely make the putting away to be lawful , & not the celebrating of a newe marriage too . And how doth he prove that Christ did soe place the exception in the former clause to this intent ? or to this intent did omit it in the latter ? Nay hee proveth it not ; it is but his coniecture , like a sick mans dreame . Vnlesse this goe for a proofe , that Christ did not so place it before without cause , nor omit it afterwarde without cause . Which if hee meant it should , it was for want of a better . For Christ did not these things without cause I graunt Therefore he did thē for this cause ; it foloweth not . S. Paule , having occasion to cite a place of scripture doth set it downe thus . m Come yee out from among thē , & seperate your selves saith the Lorde , and touche noe vncleane thing . Herein hee hath placed the words sayth the Lord , not after touch noe vncleane thing but after , seperate your selves . This did he not without cause , What ? for this cause therefore that he might restraine the words , sayth the Lord , to the former branch as not pertayning to the later also ? No for it appeareth by the n Ptophet Esay that they belong to both . It is to be thought then , that the spirit of God who doth nothing without cause , did move Paul for some cause to place thē soe . perhaps for perspicuity & commodiousnesse of geving other men thereby to vnderstand the rather that both the words going before , and cōming after were qualified with sayth the Lord. which is to be likewise thought of the exception placed by our Saviour betweene the two branches of his speech . And that with soe much greater reason , in my iudgment because if hee had placed it after the later And shall marrie another , the words ▪ Except for whoredome might have seemed to signifie that it were lawfull for a man having put away his wife for any cause , to marrie another , if hee could not conteine ; as it is written 4 because of whoredome , let every man have his wife : where now , the exception being set before ( the pharisies whose question Christ therein did answer ) could gather noe such poyson out of his words : to feede their error : but they must needes acknowledge this to be his doctrine , that a man may not put away his wife for everie cause , and marry another , but for whoredome onely . As for Christs omitting of the exception afterward , Bellarmin himself will quickly see there might bee another cause thereof , if hee consider how S. Paul repeating this doctrine of Christ doth wholly omitt the exception , which neverthelesse must needes bee supplyed and vnderstoode . For why doth S. Paul say that to married persons , o the Lorde gave commaudement ; Let not the wife departe from her husband , and let not the husband put away his wife ; without adding to either parte , except it bee for whoredome , which the Lord did add ? Bellarmi●s greatest p Doctor saith that hee omitted it because it●was very well knowne , most notorious . If then S , Paul had reason to omitt it wholy because it was so well knowne : How much more iustly might Christ in parte omitt it for the same cause , having mentioned it immediatly before , & made it knowne thereby ? Chiefly s●ing that as hee framed his speech to mens vnderstanding , so did he folow the common vse of men therein . And if I should say vpon the like occasion whosoever draweth his sword , except he be a magistrate , and killeth a man committeth murder ; and whosoever abbetteth him that killeth a man committeth murder : what man of sense and reason would not thinke I meant that the exception set downe in the former sentence touching māquellers pertaineth to the later of there abbetters also , and vttered once must serve for both ? yea , even in the former too , who would not thinke that my meaning were the exceptiō should reach , vnto both the branuches of drawing the sword , & killing a man ; not to bee abridged & tyed vp vnto the first , as if I had said , whosoever draweth his sword ( which none may doe except he bee a magistrate ) & killeth a man , committeth murder ? yet one who were disposed to play the Iesuites parte , might thus expound my speech , and say I taught thereby that Peter in deede was iustly reproved for drawing his sword though , q he killed not : But magistrates are authorized to draw it , and noe more , not to put men , to death , & r to take vengeaunce on him that doth evill . Neithet should he doe mee greater wrong ▪ there in by making mee to speake contrarie to scripture , then Bellarmin doth Christ by the like depraving of the like sentence . But if all these reasons will not persuade his scholars , that in Christs speach the exceptiō of whordome is to be extēded to both the points iointly of putting away & marrying : & that Bellarmin adding these words , which is not lawfull , did vnlawfully sow a patch of humaine raggs to the whole garment of Gods most precious word : behold their owne doctrine allowed & established by the Councel of Trēt , shall force them , will they , nill they to see it & acknowledg it . For if the exceptiō be so tyed onely to the former point : Then a man may not putt away his wife for any cause save for whoredome , no not from bed and boord , as they tearme it , that is , from mutuall cōpanie & society of life , although he marry not another . But the Councel of Trēt pronounceth and defineth , s that there are many causes , for the which a man may put away his wife from bed and board , wherefore the Papists ( no remedie ) must graunt that the exceptiō cannot so bee tyed vnto the former point onely . And therefore whereas Bellarmin sayeth further that he thīketh it is t S. Thomas of Aquines opiniō that Christs words should bee expounded so : & u Ierom seemeth some what to bee of the same minde : the Papists peradventure wil be faine to say that Bellarmin was deceived herein . For els not onelie Ierom of whom they reckon lesse but x Thomas of Aquine the sainct of Saincts & chiefest light of the Church of Rome shal be conviuced of errour , even by the Councell of Trents verdict . And these consideracions doe likewise stopp the passage of another shift , which this coosin german to the last intreated of , and Bellarmin prayseth it alike . To weete that the words committeth adulterie , must be supplied and understood in the former parte of Christs sentence thus : Whosoever putteth away his wife , except it be for whoredome , committeth adulterie , and whoso marrieth another committeth adulterie . x Salomon did wisely iudg that shee was not the mother of the childe who would have it devided ; but shee who desired it might bee saved entier . Surely the Iesuite hath not those bowels of kinde and loving affection towards Christs sente●ce that a Christiā should , who can finde in his heart to have it devided ; & of one living body , nāely , Whosoever putteth away his wife , except it be for whordōe and , marrieth another , cōmitteth adulterie , made as it were two peeces of a dead carkas , the first , Whosoever putteth away his wife , except it bee for whoredome , committeth adulterie , the secōd , whoso marrieth another cōmiteth adultrie . Which dealing , beside the incōveniēce of making the scripture a nose of waxe & lead̄e rule , if men may add what pleaseth thē , spetialy if they may also māgle sentēces , & chop thē in sundry parts : but beside this mischief here it hath a greater , that Christ most true and holy , is made thereby to speake an vntruth . For a man may put away his wife for other cause , then for whoredome , & yet not cōmit adulterie himselfe . Yes , hee committeth it ( sayth Bellarmin ) in his wives adultery , whereof hee was the cause by putting her vniustly away . But I reply that it is one thing to cause his wife to cōmitt it , another to commit it himself . And y Christ when hee was minded to note these severall faults , did it with 5 severall words expressinge them accordinglye . Moreover , vnderstandinge the tearme , to put away , not as 6 the force thereof doth yeeld , & Christ tooke it for loosing of the bād of marriage , but for a sepe ration from bed , and boord onely , as Bellarmin vnderstandeth it : He cannot allowe the sentence which hee fathereth one Christ , though soe expounded , without either condemning of the Trent Councel , or beeing himself condemned by it . For if whosoever seperateth his wife from him , but for whoredome , doth committ adulterie in causing her to committ it : Then is it a sinne to seperate her for any cause save for whoredome . If it bee a sinne : The z Church of Rome erreth in houlding and decreeing that shee may bee seperated for sundrie other causes . But whosoever sayth that the Churche erreth herein , is accursed by the a Councell of Trent . The Councell of Trent therefore doth cōsequently curse Bellarmin , if hee say that Christ spake his wordesin that sense , in which he cōstrueth them . And doth it notcurse b Austin also , & c Theophilact , whō Bellarmin alleageth as saying the same ? at least it declareth that in the Coūcels iudgment , the fathers missexpoūd the Scrip tures sometymes , even those verie places on which the Papists cite thē assounde interpreters of the scripture . Now the speech of Christ being cleared & saved entier from all cavils , the meaning thereof is playne , as I have shewed , that he who having put a way his wife for whoredōe marrieth another , cōmitteth not adulterie . For soe much importeth the exception negative of the cause of whoredōe , opposed to the generall affirmative propositiō , wherewith our Saviour answered the question of the Pharisies touchcing divorcemēts vsed by the Iewes , who putting awaye there wives for any cause did marrie others . The onely reason of adversaries remayning to bee answered , stood vppon , and vrged by them as moste effectuall , and for cible to the contrarye , is an example of like sentences : from which , sith the like conclusion ( say they ) cannot bee inferred , as wee inferre of this , the inferrence or this is faultye . And faultie ( I graunt ) they might esteeme it iustly if the like conclusions coulde not bee drawen from the like sentences . But lett the examples , which they bring for proofe here of be throughly sifted : And it will appeare that either the sentences are vnlike , or the like conclusitons may bee inferred of them . For of three sentences proposed to this end , the the firste is out of Scripture in S. Iames Epistle d To him that knoweth how to doe well , and doth it not , to him there is sinn . A sentence though in shewe vnlike to that of Christs , for the proposition and exception both : yet having in deede the force of the like , if it be thus resolved . To him that doth not well , except hee know not how to doe well there is sinn . And why may it not be concluded hereof , that there is no sinn to him , who knoweth not how to doe well , & doth it not ? because there are sinns of ignoraunce ( saith Bellarmin ) & he who knoweth not how to doe well , and doth it not , sinneth , though lesse then hee that offendeth wittingly . I knowe not whether this be a snine of ignorauns in Bellarmin , or no , that when he should say ( if he will check the conclusion ) there is sinne to ignorant he saith ( as if that were all one ) the ignoraunt sinneth . Betwene which two things there is a great difference in S. Iames his meaning . For S. Iames in these words , there is sinne to him , doth speake emphatically , & noteth in that man the same that our saviour did in the Pharisies , when ( because they boasted of their sight & knowledg ) e he told thē that they ● had sinne : meaning by this Phrase , as himself expoundeth it , that their sinne remained , that is to say , continued and stoodt firme & setled . The custome of the Greeke tongue wherein S. Iames wrote , doth geve this Phrase that sense , as also the Syriaque ( the language vsed by Christ ) translating Christs words after the same manner : & the matter treated of doth argue that he meant not generally of sinne , but of sinne being & cleaving to a man in spetiall & peculiar sort . For as f the servant that knew his Maisters will , and did not according to it , shal be beaten with many stripes : but he that knew it not , and yet did committ things worthy of stripes , shal bee beaten with fewe . Likewise in trāsgression whereto the punishment auswereth he that knoweth how to doe well , & doth it not , sinne is to him , hee hath it , he offendeth not ably : But he that knoweth not how to doe well , & doth evill , hath not sinne sticking to him , his sinne remaineth not , hee sinneth not so greatly & greivously . Wherefore when Bellarmin draweth out of that sentence such a conclusiō as if S. Iames in saying there is sinne to him , had simply meant , hee sinneth ; Bellarmin mistaketh the meaning of the sentence ; which if the text it self cannot informe him , g his doctors well considered may . But take the right meaning & the conclusion wil be sound . Whosoever doth not good and honest things , except it he of ignoraunce , he sinneth desperatelie & mainely . Therefore whoso of ignorance omitteth to doe them , he sinneth not desperately . And thus our conclusion drawen frō Christs sentence is rather confirmed thē preiudiced by this example . Yea let even . S. h Austin , whose authoritie Bellarmin doth ground on herein , be diligently marked : And himself in matching these sentēnces together bewrayeth an oversight , which being corrected will helpe the truth with light & strēgth . For to make the one of thē like the other , hee is faine to fashion Christs speech in this fort : To him who putteth away his wife without the cause of whoredome & marrieth another , 1 to him there is the cryme of committing adulterie . Now Christ hath not 2 these words of emphaticall propertie , and strong signification , whereby he might teach , as S. Angustin gathereth , that whosoever putteth away his wife for any cause , save for whoredome , and marrieth another , comitteth adulterie in an high degree : and soe imply by consequence , that who soe marrieth another , though having put away his former wife for whoredome , yet committeth adulterie too , a lesse adulterie . But that which Christ saith is simple , flatt , absolute ; 3 he committeth adulterie . And therefore as it may be inferred out of S. Iames , that he who omitteth the doing of good through ignoraunce , sinneth not with a loftie hand in resolute stifnes of an hardned heart : Soe conclude wee rightly out of Christs wordes that hee who having put away his wife for whoredome , marrieth another , committeth not adulterie in any degree at all . The first sentence then alleaged by S. Austin and after him pressed by our adversaries out of the scripturs , is soe farr from disprooving , that it prooveth rather the like conclusions from the like sentences . The seconde and thirde are out of theire owne braynes : The one of Bellarmins forging , the other of the Pamphletters : Bellarmins , Hee that stealeth , except it bee for neede , sinneth . The Pamphlctrers : Hee that maketh a lye● except it bee for a Vauntagoe doth wilfully sinn . Whereof they say it were a wrong and badd inferrence That hee sinneth not , who stealeth for neede : and hee who lyeth for a Vauntage , sinneth not wilfully . A badd inferrence indeed . But the fault therof is , in that these sentences are not like to Christs . For Christs is from Heaven , full of truth and wisdome : These of men , fond , and imply vntruth . They might have disputed as fitly to their purpose , and prooved it as forcibly , if they had vsed this example : All foure-footed beasts except Apes and Monk●is are devoyd of reason . or this All long-eared Creatures except asses are beasts . For hereof it could not bee concluded iustly that Asses are not beasts , and Apes are not devoyd of reason . No. But this perhaps might bee concluded , iustly , that he had not mu●h reason , nor was farre from a beast that would make such sentences . Considering that all men who write or speake with reason , meane that to be denied in the perticular which they doe except from a generall affirmed . And therefore sith hee sinneth who stealeth i though for neede , as the wise man sheweth , and hee that lieth for a vauntage doth willfully sinne , yea the more wilfully somtymes , because for a vauntage , as when the s●ribs b●lyed Christ : It were a verie fond and witlesse speech to say , that Whosoever stealeth , except it bee for neede , sinneth : And whosoever lyeth except it bee for a vauntage doth wilfully sinne . Wherefore these sentēces are no more like to Christs , thē copper is to gould , or wormewood to the bread of Heaven . Neither shall they ever finde any sentence like to his indeede , of which the like conclusiō may not be inferred , as we inferre of that . And soe the maine ground of my principall reason proposed in the beginning , remayneth sure & clearly prooved : that he by Christs sentence cōmitteth not adulterie , who having put a way his wife for whoredome marrieth another . Whereof seeing it followeth necessarely , that he who hath put away his wife for whordōe , may lawfully marrie another , as I there declared : it followeth by the like necessity , of cōsequēce , that the popish doctrine mainteined by our adversaries denying the same , is contrarie to the scripture & doth gainsay the truth delivered by the Sonne of God. THE SECOND CHAPTER . The places of Scripture alleaged by the adversaries to disproove the Lawfull liberty of Marriage after Divorcement for Adulterie , are Proposed , Examined , and Prooved not to make agaynst it . SAinct Austin in his learned bookes of Christian Doctrine , wherein hee geves rules how to finde the right and true sence of Scriptures , doth well a aduise the faithful , First to search and marke those things which are set downe in the Scripturs plainly , and then to goe in hande with sifting and dis●ussing of the darke places : that the darker speeches may be made evident by Patterns and examples of the more playne & manifest , and the records of certayne & vndoubted setences may take away doubt of the ūcertayne . This wholsome and iudicious Counsaile of S , Augustin if our adversaries had bene as carefull to follow , as they are willing to shew they follow him in these things which he hath written lesse advisedly : they would not have alleaged and vrged the places of Scripture , which they doe agaynst the poynt of doctrine hith●rto prooved out of the niententh chapter of S. Mathew . For Christ in that place doth open the matter and decide the question most plainly and fully : of purpose answering the Pharises . In others , either it is not handled of purpose , incidently touch●d ; or in gen●rallity sett downe more briefly , and soe more darkly and obs●urely . Wherefore if any of the other places had seemed vnto them to rayse vp a scruple , and shew of some repugnancie : they should have taken paynes to explayne and levell it by that in S. Mathew the darker by the clearer , the brieffer by the larg●r , the vncertaine and ambiguous by the vndoubted and certayne . But seeing they have chosen to follow S. Austins oversights rather thē his best advises in like sorte as b Furius , an orator of Rome did imitate Fimbria whose force of speech and arguments hee attained not to , but pronoun●ed broadly and set his mouth awry like him : wee must say of thē as Christ of the Pharisies c Let them alone , they are blynd leaders of the blynd : and ourselves endevour to follow S. Augustin in that he followed Christ , who cleared d the darker place of Moses by e the playner word and ordinance of God. The which if wee doe , wee shall ( by Gods grace ) easily perceive , that none af all the places alleaged by our adversaries , doth make agaynst the doctrine already prooved and concluded . For the first of them is in the fifth of Mathew f Whosoever shall putt away his wife , except it for whordome , doth cause her to commit adulterie , And whoso marrieth her that is put away doth committ adulterie , These words ( sayth Bellarmin ; and looke what Bellarmin sayth the pamphletter sayth with him , so that one of their names may serve for both and reason Bellarmin have the honour ) These words . And whoso marrieth her that is put away doth commit adulterie , must be either generally taken without exception , or with the exception . Except it bee for whoredome . If generally , Then he who marrieth her that is put away , even for whoredome too , doth committ adulterie . The band then of Marriage is not d●solved and loosed by her putting away : but company debarred onely . For hee that marrieth her should not commit adulterie vnlesse shee were bound yet to her former husband . And thus farr Bellarmin sayth well ; but superfluously . For the words may not bee generally taken , sith they have relation to the former sentence , whereto they are coupled ; and that sentence speaketh of her which is put away except for whore dome . Their meaning then must n●edes bee that hee who marrieth her which is so put away doth commit adulterie . Neither could Bellarmin bee ignoraunt hereof , or doubt with any likely hoode , but that this is our iudgment , and would bee our answer . Wherefore his two forked dispute about the words , was a flourish onely to make vs a frayde : as if hee fought with a two hand sword , which would kill all that came in his way . But now hee goeth forward vpon his enemies pike , & layeth about him on the other side . If the words must bee taken with the exception : then hee that marrieth a whore put away from her husband , committeth not adulterie . And consequently the whore is in better case then the innocent and chaste . For the whore is free and may be married , wheras the innocent that is vniustly put away , can neither have her former husband , nor marrie another . But this most absurd , that the law of Christ beeing most iust , would have her to bee in better case and state , that is iustly put away , then her that is vniustly . For answer vnto which reason of Bellarmin , I would spurr him a question , whether by the Popes law , which forbiddeth a man that g hath bene twise maried , or h hath maried a widow , to take H. orders & admitteth on thereto that hath kept or happely keepeth many concubines , a whormonger bee in better case then an honest man : and if a whoremonger bee so by the Popes law , i whether wee ought to iudge that this is most absurd or noe . Here if hee should answer mee that the Popes law is not most iust and therefore noe marvell if it have some such things as were most absurd to bee imagined by Christs law : I must acknowledge hee spake reason . Well , I would spurre him then another questiō , whether hee thinke that I am in better case then any Iesuit , yea , then the best of them all . Phy hee will answer , there is noe cōparison . The best ? nay the worst of them is in better case then I am : Yet I may marry if I list : and none of them may because of their vowe . Belike this Vow-Doctrine was not established by the law of Christ , which is most iust , but by k the Popes lawe rather . Or it is most absurd that a poore Christian should bee in better case , then the proudest Iesuit . But heere peradventure the man will say rather that wee are Heretiques , and they Catholiques , and the meanest Catholique is in better case , even for his faiths sake , then any Heretique whatsoever : which if he doe as it is likely , neither can hee say ought with probability but to this effect , then hath hee confuted and overthrowen his own argument . For by this answere hee cannot chuse but graunt that the simplest woman being put away vnjustly from her husband is in better case for her chastities sake , though shee may not marrie , then whatsoever whore that may . And I hope hee wil not say that the stewes and curtizans at Rome are in better case then honest matrons there , divorced from their husbands . Yet may none of these , while their husbands live bee ioyned to others : whereas the curtizans are free to marrie whom they will , if any will marrie them , who are soe free . Howbeit , lest any place of cavelling bee left him , and of pretending a difference betweene those , who having had the vse of marriage lose the benefit of it , and those who lose it not , having never had it : I will sett before him a playne demonstration therof in married persons . Seianus ( as the l Romaine Historie recordeth ) did putt away his wife Apicata vnjustly : thereby to winne the rather the favour of Livia , which was the wife of Drusus . Livia being carried away with the wicked entisements of Seianus was not onely nought of her body with him , but consented also to make away her husband Drusus with poyson , Now let Bellarmin tell vs whether of these two were in better case Apicata or Livia ; Livia the adulteresse & murderesse of hir husband , being free to marry , or chast Apicata , being bound to live solitary . If hee say Livia should have bene put to death by the m Romaine law because of her murder and then had shee not bene in better case then Apicata for liberty to marrie : I reply that likewise by the law of n Moses the woman whom Christ speaketh of , should have bene put to death , because of her adultery , and soe the doubt here ceased too . But the law of Moses being left vnexe●ut●d on the adulterous woman , as the Romain was for the tyme of Livia : let Bellarmin āswer to the poynt , not as of Livia onely , but of any whore that hath wrought her husbands death , and for want of proofe , or through the Magistrats fault is suffered to live , whether shee be in better case then an honest , chast , religious matron , that is put away from her husband vnjustly . Which if hee dare not say , considering on the one side the plagues that o in this life , and p in the life to come are layd vp for such mis●reants , on the other , the blessed q promises of them both assur●d to the Godly : then hee hath noe refuge , but hee must needs confesse that his argument was fond . For the murdering whore is not an adulteresse by the law of Christ , though shee take another man , her husband being deade : and yet the chast matron were an adulteresse if shee married while her husband liveth , who hath vnjustly putt her away . Wherein this notwithstāding is to be weighed , that a chast womans case is not so hard in comparison of the whores . No. Not for marriage neither , as Bellarmin by cunning of speech would make it seeme , to ●ounten●unce therewith his reasō . For he frameth his r words so , as if the ●hast had no possibility of remedy at all , neither by having her former husband , nor by marrying another : & therefore were in worse case thē the whore who is free to marrie , whereas the truth is , that by Christs lawe shee not r onely may , but s ought to have her former husband . And why should not shee bee as likely to recover her husbands goodwill , to whom shee hadd bene faithfull : as a faythlesse whore and infamous strumpett to get a newe husband ? Chiefly seing that it is to bee presumed they loved ech other wh●n they married : and experience sheweth that t Falling out of Lovers is a renewing of love . But if through the frowardnes of men on the one side , & foolishnes on the other , the chaste wife could hardly recōcile her husbād , the whore get easily a match : it suffic●th that the law of Christ cannot bee justly charged with absurdity , though it doe enlarg the vnchast and lewd in some outward thing , in which it enlargeth not the chast . No more then u the providence of God may bee controlled and noted of iniquity though x the evill & wicked enioy certaine earthly blessings in this life , which are not graunted to the vpright & godly . Wherefore the first place of Scripture out of S. Mathew enforcrd by Bellarmin , with his 2 horned argument ( as the Logitions tearme it ) doth serve him as much to annoy our cause : a● the Iron hornes made in Achabs favour by Zedechiah the falce prophet did stand him in stead to push and consume the hoste of the Aramites The second place is written in the tenth of Marke . y Who so putteth away his wife and marrieth another committeth adulterie agaynst her : and if a woman put away her husband , and be married to another shee committeth adulterie . The like whereof is also in the sixteenth of Luke z whosoever putteth away his wife and marrieth another , committeth adultery : and whosoever marrieth her that is put away from her husband , committeth adultery . These words ( sayth Bellarmin ) doe teach generally , that marriage cōtracted & perfected betweene the faithfull , is never so dissolved that they may lawfully ioyne in other wedlocke . And whereas wee answer that these general sentences are to be expounded with a saving of the exception mentioned in a Mathew , because one Evangelist doth add oftentymes that another omitteth ; & Mathew els where contrary vnto Marke and Luke , which ( sith they all wrote as they were moved by the holy spirit of truth ) is impossible : Bellarmin replieth that the Evangelists in deed omitt or add somewhat now and than , which other EEvangelists have not omitted or added ; but they doe never omitt in such sorte that the sentence is made false . A straunge kinde of speeche As if all generall sentences were false from the which some spetialtie , though not expressed in the same place , yet by conf●rēce with others , is vnderstood to bee expressed . Sure the Civill Lawe which in learned mens opinions hath much truth , will then bee stayned foully with vntruthes and lyes . For how many sentences and rules are set downe in it with full and generall tearmes , whereof notwithstāding there is none b lightly but suffereth an exception . The Canon law also ( whose creditt and authority Bellarmin must tender , howsoever he doe the Civill ) hath store of such axiomes , and c teacheth accordingly That a particular doth derogate from the generall . But what speake I of mens lawes ? In the Scripture it self Iob sayth that d The hipocrite shall perish for ever , like the dung : and David , that the e wicked shall turne into hell , all nations that forgett God. & Salomon that f Everie provd-harted man is an abomination to the Lord ; though hand ioyne in hand hee shall not bee vnpunished . These sentences of Iob & David and Salomon , are true in the belief of Christians ; yet forasmuch as they must bee vnderstood with an exception , according to the Doctrine of g Christ and h his servants , saying vnto sinners Except Yee repent Yee shall all perish : in the Iesuits iudgement they are made false . And Ionas semblablie , when hee preached to the Ninivits , i Yet forty days , and Niniveh shal be overthowen , abvsed thē with an vntruth : though k learned men doe finde a trueth in his speech , as being to be thus taken that Niniveh should bee over throwen except it repented . Or if Bellarmin also acknowledg the same , which hee may not choose , vnlesse of a Iesuit hee will become a Iulian , and quite renounce the Christian fayth : then acknowledgeth hee that hee playeth the parte of a guilefull Sophister or a malitious Rhetoriciā , in signifying that the sentēce of Christ is made false , if it bee expounded and vnderstoode with an exception otherwhere expressed . And withall by consequence hee acknowledgeth farther , that it is an idle & braynsick amplification whi●h herevppon he● lavisheth out Iesuit like and vaynely mispendeth paynes and tymes about it , by saying , that els ( if the sentence forsooth were false ) the Evangelists had deceived men to whom they delivered their Gospells making noe mention of other Evangelists and that when Marke wrote his gospel at Rome received by the preaching of Peter , hee did not send the Romaeines backe to Mathews gospel , as to a commentary : Nay if Mathews gospel hadd bene then at Rome in the hands of the faythfull , it may be wel thought that Marke would not have written , and that Marke wrote not to add ought to Mathew , as Iohn did afterward , but onely that the Romaines might the better remember that which Peter taught : For l Irenaee m Eusebius and n Ierom geve this cause ; and that Luke wrote his Gospel for those nations to whom Paul had preached , and vnto whō the booke of Mathew and Marke were not yet come , but certayne false writings of False Evangelists onely : as o himself sheweth briefly , and it is more clearly gathered out of p Ambrose , q Eusebius and r Ierom. And in conclusiō , that the things th●refore which Marke and Luke say , must be absolutely true , & not depend of Mathews words , vnlesse our meaning bee that they were deceived , who did read Marke or Luke without Mathew . For by this reason of Bellarmin the words of Iob , David , Salomon and Ionas , must bee absolutely true , and not depend of Christs words in Luke or by Esay : vnles our meanig be , that they were deceived , who read the Psalmes of David or Salomons proverbs , or heard Iob or Ionas speake without Christ : which likewise might receive a gay shewe by saying that els ( if these sentences were false ) these holy men had deceived them to whom they spake or wrote , making noe mention of other holy teachers : and that when Iob. and David , and Salomon , and Ionas did either write or speake , they did not put mē over vnto Luke or Esay as to a comentarie ; Nay Iobs words were vttered , before either of them , or any of Christs pen-men of the whole Scripture wrote , as s sundry of the Fathers doe probably teach : & t Ionas did looke that Niniveh should be over throwē according to his absolute speech , so farre was he of from sēding the Ninivites to such as specifie the exception , besides that , had hee sent them , whither should they have gone , who neither knewe the Scriptures , and u lived before the tyme of Luke and Esay both ? David too , and Salomon , were their auncients farre and ech did sett forth the one his Psalmes , the other his Proverbs ( even those which they did writ ) not all at once but by partes ; and partly x their owne titles , and y other Sciptures argue , partly z Athanasius , a Theodoret , and b Bede signifie : neither did Luke or Esay write to add ought to the Psalmes or Proverbs , or to the words of Iob or Ionas , as c Ezra did to the booke of Kings ; But Esay to publish onely his owne Prophecie , and the storie touching it , Luke the Gospel of Christ , and Acts of the Apostles . Here were a trimme tale , which might be very forcible with a man forlorne , like Iudas Iscariot , to perswade him , that the sentences of Iob , of David , of Salomon , of Ionas concerning the distruction of hypocrits and all the wicked , are not to bee expounded out of Luke or Esay , with an exception of Repentance . Yea , this should of reason have greater force and weight then Bellarmins of the same spinning . For he sayth that Marke did not write his Gospell to add ought to Mathew . Which thing beeing graunted , yet Marke notwithstanding might be expounded by Mathew , and soe much the rather , Mathew having specified an exception , that Marke omitteth : as d the Lawiers teach that their Generall rules were not written to add ought vnto the former , yet must bee expounded with the exceptions touched in the former Lawes . But in the spider-webb that I have woven after Bellarmins patterne , it is contrariewise ; that Esay and Luke did not write to add ought to the Psalmes or Proverbs , or to the words of Iob or Ionas ; which hath greater colour to prove that their sayinges should not bee absolutely true , and not depend of exceptions mentioned so long after , neither meane to bee ioyned to them : Chiefly for alianes from the Common-wealth of Israell , such as they that heard Iob and Ionas were , who lived not to read the Doctrine of Christ in his Prophets and Apostles . Wherefore seeing Bellarmin is forced to acknowledg it were a lewd parte to reason and conclude this on generall sentences of Iob , David , Salomon , that an hypocrite , a wicked , a proud-harted man , shall not bee forgiven & saved though hee repent : much more must hee acknowledg a fault , in his disputing and gathering out of Marke & Luke that a man having put awaye his wife maye not marrye another , though hee have put her away for whoredome . And hereby wee may see what honour they both , himself and the pamphlet ter , who in this whole discourse goeth with him soote by foote , save that by enterlacing more fond vnsavory words , h●e over-runneth him sometymes : a cover well beseeming and worthy such a cuppe , onely somewhat broader ; but hereby wee may see what honour they have done e S. Austin in knitting vpp their tale with his words , Who are wee , that wee should say , Some putting away their wives , and marrying other , commit adulterie : and some doeing soe commit it not , whereas the Gospel sayth , that every one committeth adultery , who doth so ? Even as much honour as themselves should gayne , if in the forlorne mans case , which I spake of they were his ghostly Fathers , and put him in this comforte Who are wee that wee should say , some wickedmen shall goe to hell , ( namely the vnrepentant ) some ( the repentant ) shall not goe , whereas the Scripture sayth that everie wicked man shall goe to Hell. Lett this kinde of dealling in refuting matters bee once allowed for currant : and every priest and Iesuit as well as the Pope will have more Royall power , even over Princes : what should I say over common Christians ? For whereas it is written in the Epistle to the Collosians f Children obey your Parents in all things : & Prophets were honoured with the name of Fathers , not onely by their g schollers , the children of the Prophets , but also by the h Kings of Israel : the i title of Father gevē to all priests though not in such degree as to k the Pope , yet to all priests and to Iesuits especialy , insomuch that a l great person of Rome doth terme them not Fathers onely with the people , but the Reverend Fathers , the Catholique Fathers , the good Fathers of the society of the holy name of Iesus : this title then applied and geven to them all will quickly winne their schollers to thinke that the m obedience commaunded towards them is obedience in all things . Now we protestants teach that neverthelesse supposing they were in deed Fathers not caterpillers of the Churche , yet if Priest or Iesuit or the Pope himself should commaund a man to commit murder or whoredome , or theft , hee might not bee obeyed , because it is written in the Epistle to the Ephesiaus n Children obey your Parents in the Lord , whence that to the Collosians ought to bee expounded , that Parents must bee so farre forth obeyed , in all things as standeth with the dewty which children owe to God , and in pietie they may . But if some Catholique Father should denie this , and say ( like Father Robert ) that S. Paule in deed ommitteth or addeth somewhat in one Epistle , which hee hath not omitted or added in another , but hee doth never omit in such sorte that the sentence is made faulse : for els S. Paule hadd deceived the Collossians to whom hee sent that Epistle , making no mention of that other to the Ephesians : And surely when hee wrote to the Collosians from Rome , he did not send them back to his Ephesian Epistle as to a commentary ; nay if that Epistle had bene in their hands , it may bee well thought , that hee would not have written to them . Eor hee did not write the Epistle to the Collossians thereby to add ought to that which he had writtē vnto the Ephessians , as hee did the later to the Corinthians , or Thessalonians , after the former , but onely to reclayme the Collossians from their errour , that man is reconciled , and hath accesse to God by Angels , and to corect their Iewish and Heathenish observations ; for o Chrysostō p Theophylact , and q Oecumenius geve this cause . That which Paule therefore sayth to the Collossians must bee absolutly true , and not depend of that he sayth to the Ephesians , vnlesse our meaning bee that they were deceived , who read the Epistle to the Collossians without the other . If some Catholique Father ( I say ) should speake thus , agaynst our interpreting of Scripture by Scripture , would not his children ( trow yee ) thinke it strongly & invincibly proved , that they must obey him absolutely in all things ? Chiefly , if as Father Robert bringeth Austin , soe he brought r Cassianus S. Chrisostoms scholar in , who prayseth one Mutius ( a novice of an Abbey in Egypt ) as a most worthy paterne of obedience to his Abbat or , Father , as you would say , for that he was ready to cast his owne natural sonne a litle child , into the River at his commandemēt & soe as much as lay in him did murder his son , but that some by the Abbats appoyntement did receive him beinge caste out of his Fathers hands towards the River , and saved him from drowning . For hee s who extolleth this Novices fayth and devotion to Heavē , affirming that the Abbat was by revelation straightway advertised , that Mutius hadd performed t Abraham the Patriarks worke by the obedience , as if there were noe difference between the v Lords commandement and an Abbats might have formed a sent●n●e like Austins in defence thereof : Who are wee that wee should say , Children in some things must obey their Parents , and in some they must not , whereas the Scripture sayth . Children obey your Parents in all things . By the which construction whatsoever a mans mother should command him , must bee obeyed too , shee being comprehended in the name of Parents : and what soever a mans x Maister should command , hee beeing also a Father , and whatsoever y any Governour should cōmand , or frend that hath done good , or an olde Gray-headed mā they being Fathers all , though not by nature , yet by office , benefit , or age . And then had King z Asa done evill in putting downe his mother Maachah from her state , because shee hadd made an Idole in a grove ; & in breaking downe her Idoll ; and stamping it , & burning it . And a Doeg the Edomite had deserved greater prayse then Sauls servants : sith they Would not move their hands to fal vpom the Lords Priests , when their Maister bidd them : which Doeg did and ex●cuted his wrath to the vttermost . And the b Apostles hadd overseene themselves , when they disobeyed the high Priest , and rulers and Elders of Israel ; and gave this reason of it Wee ought rather to obey God then men . Yea that wrecthed impious & execrable fryer , who did more then barbarously murder his Soveraigne Lords the * French King the annoynted of the HIGHEST , may then bee excused , excused ! nay commended and praysed by trayt●rous papists , as having done that which hee ought : seing it is likely that either Pope or Priest , or Iesuit or Abbat , or some of his superiours commanded him to doe it . Such absurd consequents of Bellarmins affirming that Markes and Lukes words must bee absolutely true , and not depend of Mathew , doe shew what great reason hee had soe to speake . For it is written of the Cittie of Ierusalem , compared with the Canaanites , Amorites , and Hittites c Such mother , Such daughter : in like sort may it be sayd of this constructiō of the holy Scripture compared with Bellarmins . Such consequēce , such antecedent . And thus farre of his second place . The third is in the Epistle to the Romaines the sevēth chap. d Knowe yee not bretheren ( for I speake to thē that knowe the law ) that the law hath Dominion over a man as long as hee liveth ? For the woman , which is in subiection to a man , is bound by the law to the man while hee liveth : but if the man bee dead , shee is delivered from the law of the man. So then if while the man liveth , shee take another man , shee shal be called an adulteresse : but if the may be dead shee is free from the law , soe that shee is not an adulteresse , though shee take another man. Out of which place and e the like in the seaventh of the first Epistle to the Corinthians , Wee gather ( saith Bellarmin ) that the band of marriage is never loosed but by death : and that seing it is not loosed , it remayneth after divorcement too , for whatsoever cause the divorce bee made . This doth Bellarmin gather : but gathering soe , hee reapeth that which the holy Ghost sowed not . For S. Pauls meaning in those words to the Romains and Corinthians was , that the band of marriage is not loosed comonly and ordinarily while both the parties live ; not that absolutely , it is never loosed till one of thē die . As in the like case ( to open the matter by his owne examples ) hee f sayth Who goeth to Warrfare any tyme at his owne cost ? Now some have servd at their owne charges without pay sometymes . For soe did the g Romā stocke of the Fabij agaynst the Vientians and h Clinias an Athenian Citizen agaynst the Persians . But men for the most parte are waged publiquely therevnto . And that is the poynt which S. Paule respected . Againe i Who planteth a Vineyard , & eateth not of the fruite thereof ? ● Hee on whō they father the first occasion of that proverb Many things doe happen between the cupp and the lipp ; is sayd not to have drunke of the fruite of the Vineyard which himselfe had planted , nor to have eaten thereof belyke . At least seing k old men plant trees for their posterity , neither might l the Iewes eate of their fruite in certayne yeares : It is more then likely that many of them did not . Some did not questionlesse : they namely , who sustained the curse which God denounced vnto them by Moses . m Thou shelt plant a Vineyard , and shalt not vse the fruite thereof . Yet S. Paule sayd wel , because such as plant Vines doe enioy them commonly . Agayne n who feedeth a flocke and eateth not of the milke of the flocke ? They eat not of the milke , who doe not milke their sheepe at all : and o there bee who doe not , for feare of impayring thereby the lambs or woole . But it is sufficient for S. Pauls purpose , & the truth of his speech , that men in most p cuntreis are wont to have thē milked : & they who vndertake the paines of feeding flockes , are accustomed to eate of the milkes of the flockes . Againe q No man ever hated his owne flesh but nourisheth & cherisheth it ▪ Cato the yonger , who slewe himself at Vtica , r was so farr from nourishing and cherishing his body , that when his bowels being gushed out thereof , hee was not yet dead , hee tore them in pieces with his owne hands as s Rasias also did . Neither would S. Paule have denied this : who knewe that t many hadd killed themselves , and taken away all ioyes of life frō their flesh . Onely he meant that noe man hath ever lightly hated it , but every one doth nourish and cherish it rather . u Noe man that warreth entangleth himself with the affaiers of life , because he would please him that hath chosen him to be a Souldier . What ? is this false , because x the rich Crassus being chosen by the Romains to bee their Generall in Syria , did without all care of pleasing them , who chose him , plaie the marchant man and occupied himself in councels & money matters ? Or because a y band of Campanian souldyers , who served the king of Sicilie gave themselves to citizens trades and occupations , having by treachery seazed on Messana , dispossessed the townesmen , devided their wives , goods and lands among thē , & a bād of Romans did the like in Rhegiū , to the discōtentmēt of such as chose thē to be soldiers , No. for the Apostle who exhorted Timothy z to behave himself as a good & honest sould yer of Christ , was not to learn that there are some vnhonest sould yers & retchlesse of their duty . But his meaning was , that soldyers vsually do employ thēselves on warrlike exercises , not on civill affayers , or domesticall busines , whē they are chosen once to serve , & in the same sence did he likewise say , that a married womā is bound by the law vnto her husbād while he liveth : because the band of marriage is not vsually and ordinarily loosed , but by death , though it may bee loosed , and is sometymes otherwise , on rare vnwontted causes . Which is apparant to have bene his meanning by that hee teacheth a that if an vnbeleeuing man , who hath a Christian wife , doe forsake her , then 5 shee is not in bondage . For if she be not in bondage , shee is b free to marrie : as the words of Scripture imply by the contrary , and the 6 Pope declareth . If shee bee free to marrie the band of the former marriage is loosed , els were shee bound and not free . Wherefore sith the popes authenticall record doth prove out of S. Paule , that a wife in some case is free to marrie another while her husbād liveth , the Papists must acknowledg that S. Paul meant , the band is not comonly loosed but by death , not that it is never at all loosed otherwise absolutely and simply . Bellarmin to frustrate and avoyde this answere , sayth that it may bee proved by foure reasons : which hee bringeth forth poore , vnarmed , weake ones of his owne mustering , and with a strong hand putteth them to flight : that soe men imagining these are all that can be alleaged on our side for the proofe thereof , might thinke that our whole force is quite discomfited and Bellarmin hath wone the feilde . I have heard say that there is cunning in daubing . Surely there is cunning in this kinde of dealing . Neither is it for nothing that c one of their Glorious Champions doth vaunte that the cōmon sorte of Catholiques are able to say more for vs , thē wee can for our selves . In deede they would beare the cōmō sorte in hand , that their learned men in handling of questions and controversies of religion doe set downe all obiectiōs that can be made of our parte . And I graunt , they set downe more then ofte tymes themselves can soundly answere . Yet they vse discretion therein by their leave : and many a strong reason which would trouble them fowly if it came in place , they are content to winck at and say nothing of it , whereto they joyne this policy now and thē also , that they take vpon them to bee as it were our proctours and at turneys , in shewing what may bee sayd for vs. Vnder which pretence they bring in such things as having a ready solution with the obiection , and proving vnsound , may turne to out causes discredit and to ours . So the Iesuit here his argument being grounded vppon two places , the one to the Romans , the other to the Corinthyans , wee countermyning the whole with one answere : hee sayth that our answere may bee proved by foure reasons , which hee gathereth out of circumstances of the former place , all such as the later hath neither any kinred with , and discoverceth them to be of no valew . But of the reasons , which I have brought to prove our answere fitting both the places , and partly confirming that S. Paule might well meane the same in these , which in the like hee meant ; partly demonstrating that certaynly hee did soe , because it were not true els that hee teacheth of the libertie of Christians forsaken by the vnbeleevers ; these reasons Bellarmin doth , not touch . No marveil : for they are too hot . And it is likely that he studied not what might be most stronglie said in our defence , but rather what most weakely : that so he might seeme to ioyne battaile with vs , and yet might bee sure to doe himself no harme , Letting passe therefore the help which he offreth in like sorte to vs as the d Sa ●●ritanes did vnto the Iewes : I come vnto the vniust and false accusation , wherewith e they sought to hinder the buylding of the Temple , I meane to the reasons which hee vntruely sayth , doe witnesse our answer and exposition to bee faulse . Those hee draweth to three heads , whereof the first hath two braunches : one that S. Pauls words are playne ; the other that they are oft repeated . For what is more playne ( sayth hee ) then thet f if while the man liveth , the woman take another man , shee shall be called an adulteresse ? and that g the woman is bound by the lawe as longe as her hus●and liveth ? Playne I denie not . But this proofe how pithy & strong soever hee thought it to set it his fore-front , is already shewed to bee no proofe at all : sith there are as playne words in like sentences , which neverthelesse must bee expounded , as these are by vs. For what more playne then that h Who goeth a warrefare any tyme at his owne Cost ? and that , Who planteth a Vineyard , and eateth net of the fruite thereof ? and that Whofeadeth a flocke and eateth not of the milke of the flocke ? and that , i No man ever hated his owne flesh , but nourisheth and cherisheth it ? & that k No Warre-faring man entangleth himselfe with the affayres of life ? & l many other such , that might bee aleaged , if in a thing so cleare it were not superfluous ? Nay in these sentēces the words are more playne , then in those wee speake of , because those have noe such marke of generality expressed as these have . Wherefore if soe great playnnesse of words signed with generall tokēs as it were importing that they are true in all yet convinceth not that they are meant of all without any exception , fully and vniversally : how can a lesser playnnesse wanting such efficacie , convince the same of those in question ? Or if it should elswhere by reason of some difference which might supplie , by other weight that this wanteth : Yet here it cannot possibly , because S. m Paule himself as I have declared sheweth that in one case the sayings could not so bee true Moreover the n Papists hold that if a married man become a monke before he know his wife carnally , shee may lawfully take another husbād , while he liveth . Perhaps further , also that the Pope for any very weighty cause , maye vpon the same circumstance dispense , and loose the band of Marriage . At least o them-selves tell vs that sundry Popes have done so : and p their great Doctors hould wee may . Yet is the woman his wife who hath wedded her , or espoused her onely , though shee hath not entred into his bed-chamber . For shee that is betrothed , is accounted a wife by the law q of God : and consent , not carnall company maketh Marriage as the civill r Lawiers , s Fathers , & t Popes doe teach . The Papists then of all men may worst enforce the playnesse of S. Pauls words agaynst our exposition thē selves condescending in cases more then wee doe , that a woman may take another man while her husband liveth , and bee noe adulteresse . Whereby agayne appeareth how wisely & discreetly the Iesuit Triumpheth with . S. Austins words , These words of the Apostle so oftentymes repeated , so oftentymes inculcated , are true , are quick , are sound , are playne . The woman beginneth not to be the wife of any later husband , vnlesse shee have ceased to bee of the former , and shee shall cease to bee of the former , if her husband die , not if he playe the whoremonger . The wife then is lawfully putt away for whordom , but the band of the former lasteth ; in somuch that hee becometh guilty of adulterie , who marrieth her that is put away even for whoredom . For if these words of Austin bee quick and sound against vs , then touch they Poperie at the quick : sith it may be sayd by the same reason : The woman beginneth not to bee the wife of any later husband , vnlesse shee have ceased to bee of the former : and shee shall cease to bee of the former if her husband die , not if hee waxe a Monke . Admitt then that the wife bee put away for monkery , yet the band of the former lasteth : insomuch that hee becometh guilty of adulterie , who marrieth her that is put away even for monkery . And likewise whatsoever those weighty causes were , for which so x many Popes have loosed the bande of Marriage , they are all controlled by the same censure The woman beginneth not to be bee the wife of any later husband unlesse shee have ceased to bee of the former ; and shee shall cease to bee of the former if her husband die , not if a better match be offered , or some mislyke bee conceived , or the Pope dispense and bee well freed from it . Nay S. Paul himself must fall within the cōpasse of Austins reprofe , by construing his words so without exception , because they are true , and quick , and sound , and playne . For against his doctrine towching a Susters liberty to marry , if shee be forsaken of her vnbeleeving husband , the force of S. Austins consequence would inferre in like sorte : The woman beginneth not to bee the wife of any later husband , vnlesse shee have ceased to be of the former : and shee shall cease to bee of the former , if her husband die , not if hee forsake her . The Iesuit , who vseth so often to repeat , so often to inculcate the testimonies of the Fathers , should deale peradventure more considerately , more charitably out of doubt , if , before hee cite them , hee weighed their words better , whether they may stand with the truth of Scripture , & with his owne doctrine . For els as y C ham discovered the nakednes of Noah , so doth hee their blemishes : hee , who aleageth them ; not wee , whom hee enforceth to shewe why wee dissent from them : least our Saviours sentence bee pronounced agaynst vs z Hee that loueth Father or Mother more then mce is not worthy of mee . But the Iesuites meaning ( you wil say ) was not to discredit them by laying a necessitie on vs to refute them , what ? was his meaning then by their credit to discredit the Scripturs , with the truth whereof their sayings doe not stand ? For ( I trust ) hee meant not to overthrowe the poynts of his owne doctrine , which their sayings crosse , vnlesse hee bee of that mynde which a Tullie condemneth as barbarous and savage expressed in an heathnish verse LET OVR FRIENDS FALL , SOE THAT OVR FOES DIE WITHALL . Howsoever it be , it is plain that the plaines of S , Pauls words neither doth prove the sence thereof to be simply & absolutely general , the Scripture noting an exception , neither cann bee sayde by Papists to prove it whose doctrine both alloweth that exception of Scripture . & addeth more thereto . Thus one braunch of Bellarmins first and principall reason being cutt of : the other , and the rest of his reasons also are cutt of with the same labour and instrument . For whereas hee sayth Certes it were marvell that the Apostle should never ad the exception of whoredom , if it were to be added , seing hee repeated and inculcated these things so often . Certes wee may say as well of those exceptions which himself approveth that it Were marvell the Apostle should never add them , if they were to bee added . Though what marvell is it , if S. Paul omitted the exception of whoredom in all those two places , which hee Hath repeated and inculcated these things so often , as Bellarmin so often telleth vs : when the thing is mentioned in the b former of them by way of a c similytude , wherein it had bene fond and beside the purpose to speake of any exception : and , for the d later S. Paul hath omitted the same exception e twise , where the f Scripture sheweth and Bellarmin . confesseth , it should have bene added ▪ or ( to speake more properly ) where although it needed not to bee added , yet must it needs bee vnderstoode . Now to that Bellarmin doth next alledg the Fathers g Ambrose , Chrysostome , Theophylact , Theodoret , Oecumenius , Primasius , Anselmus and others over and besides h Austin , i Origen , and k Ierom , all as bearing witnesse that wee expound the places falsly : I could reply that some of these whatsoever they witnesse , have small credit with Bellarmin , as Ambrose specially : some , namely Chrysostō , Theophylact , Theodoret , Oecumenius , and Primasius doe not witnesse that no more then Paul himself doth : Nay they all save one are contrary minded rather , as shall appeare in l due place : But that which I have sayde already touching Austin , may serve for answer to the rest : chiefly sith the Papists in whose behalf they are aleaged , will rather yeald that all the Fathers might erre , thē any of their Popes , m who yet must have erred in more , thē one Canon , if this were true which Bellarmin fathereth on the Fathers . Finally , concerning that for the vpshoote hee vrgeth Pauls similytude as if the n drift of it did absolutely require that the man and wife can not bee made free from the band of Mariage by any seperatiō but by death onely , because while the law had life as it were and stoode in force till Christ the Iewes could never shake off the Yoke thereof from them , although they endevored to seperate them-selves from it by committing whoredom with sundry lawes of salfe Gods : the rest of S. Pauls similytudes which I mencioned , doe bewray the lamenesse and halting of this inference : seing that the drift of thē requireth absolutely by the same reason that noe man went to warfare at his owne cost , or planted Vynes , or fedd sheepe , without relief thereby , because o all they p Who preach the Gospel are allowed to live of the Gospel . And likewise that no man did ever hurt his owne body , because q Every husband ought to loue his owne wife r as Christ loved the Church : and likewise that no souldier hath ever entangled him-self with the assayres of life because Tymothee should bee s still about those actions , whereto the Lord t who choose him to hee a souldier , did call him . Nay to goe no farther then the drift it self of the samilytude , which Bellarmin doth vrge , if it requier absolutely that the band of Marriage may bee no way loosed but onely by the husbands or the wives death : then neither is it loosed , if the vnbeleever doe for sake the Christian : neither if the husbād become a Monke or the wife a Nunne ; neither if the Pope see cause to dispence with either of them . And will not this fansie of his about that drift drive him into greater inconvenience yet : to weet , that every woman , whose husband is dead , ought to marry another , because the Iewes were bound to become Christiās after the death of the Lawe ? or of the other side , that the Iewes are not bound vnder payne of damnation to become Christians , because no widowe is bound vnder payne of death to take another husband ? or ( if these absurdities bee not great enough ) that dead men ought to marry , because v The Iewes by duty should bee vnto Christ , when they were dead to the Lawe ? or that the men of Rome to whom S. Paul wrote , should rather not beleeve in Christ , because x he wished widowes rather not to marry ? Of the which consequences if some bee esteemed erroneous by Papists some not esteemed onely , but are so in deede , the most have impious folly ioyned with vntruth : Let Bellarmin acknowledg that similitudes must not bee sett vpon the racke , nor the drift thereof bee stretched and pressed in such sorte , as if they ought iust in length bredth and depth to match and fitt-that whereto they are resembled . It sufficeth if in a generall analogy and proportion of the principall poynt wherein things are matched , and compared together , they bee eche like to other , and both agree in one qualitie . Which here is observed in S. Pauls comparisō of the state of Marriage , with the state of man before and after regeneration : because y as a wife her husband being dead doth lawfully take another , and is not an adulteresse in having his company to bring forth fruite of her body , to him : soe z regenerate persons , their naturall corruption ( provoked by the law to sinne ) and flesh being mortified , are ioyned to the Spirit ( the force of Christ working in them ) as it were to a second husband , that they should bring forth fruite ( the fruites of the Spirit ) vnto God. And thus seing neither the drift of the similytude , nor the iudgment of the Fathers , nor the playnnesse of the wordes so oftentymes repeated , doe disprove our answer and exposition of the place : our answer proved by Scripture standeth firme and sure and therefore the third place vrged by our adversaries , is sutable to the former . So is the fourth & last ; taken out of the first ▪ to the Corithians the seaventh Chaptera To them who are Married , it is not I that give commandement , but the Lord : Let not the wife depart from her husband : but if shee depart too , let her remayne vnmarried . or bee reconciled vnto her husband . Wherein ( as Bellarmin reasoneth ) the words of S. Paul , If , shee depart , and so forth are meant of a woman , which parteth from her husband vpon a cause of iust divocement , as namely for whordom , haeresie , and the rest whatsoever they be , & not of her which parteth without any such cause . But concerning her of whom the words are meant , S. Paul sayth most playnely shee may not marrie another . Therefore even a cause of iust divorcement looseth not the band of Marriage neither is it lawfull for married folckes to marry others , although they beesevered and put asunder by iust divorcemēt . And of this argument Bellarmin doth say that it is altogether insoluble . In saying whereof hee seemeth to confesse that none of the former arguments were so , but might bee answered and confuted . His confession touching them hath reason with it : I must needs approve it . But his vaunt of this is like that of b Ben hadads that the dust of ▪ Samaria would not bee enough to all the people that followed him for every man an handfull . To whom the King of Israel sayde , Let not him that girdeth his harnies , boast himself as hee that putteth it off . Bellarmin hath skarcly girt his harneis yet , & that which hee hath girt , is vnservisable bad harneis too . For the formost parte thereof , his proposition a vouching that the words If shee depart , and so forth , are meant of her onely which parteth from her husband vpon a iust cause of divocement , as namely for whordom heresie , and such like , is faulty sundry wayes : seing they are neither meant of her onely which parteth for a iust cause ; and though ▪ they bee also meant of her which parteth for any other iust cause , yet not of her which for whoredom . Moreover the conclusion knitting vpp his argument with Therefore even a iust cause of divorcement looseth not the band of Marriage , is guilfully sett downe : being vttered in the forme of a particular , and true so , taking divorcement as hee doth ; but intended to carry the force of a generall , so by fraude and faulshood to beare away the poynt in questiō . Of both the which to treat in ordre , his proposition hee presumeth of as most certayne , because in ( his iudgment ) Paule would not have sayde of her who departed without some such cause , Let her remayne vnmarried , or bee reconciled vnto her husband ; but hee would have sayde , Let her remayne vnmarried till shee bee reconciled vnto her husband , & let her come agayne vnto her husband in any case . And why doth Bellarmin thynke so ? His reasons follow . For Paul could not permitt an vniust divorcemnt agaynst the expresse commandement of the Lord. And , if in the same Chapter Paul permitteth not the man and wife to refrayne from carnall company for prayers fake , and for a tyme , except it bee with consent : How should bee permitt the wife to remayne seperated from her husband agaynst his will , without any cause of iust divorcement . In deede if it had lyen in S. Pauls power to stay & refraine the wife from remayning so : no doubt hee neither would , nor might have permitted it . which himself sufficiently shewed in c forbidding her to depart at all , much more to continue parted from her husband . But d if notwithstanding this charge and prohibition she did leave her husband vpon some lighter cause ; or perhaps weightyer , though not weighty enough for a iust divorcement : then Paul in duty ought and might ( I hope ) with reason requier and exhorte her to remayne vnmarried , and not to ioyne her selfe in wedlocke with another , a thing that e Greekes and f Romayns ( whose of-spring the g Corinthians were ) vsed to doe . as ( to make it playner by the like examples ( S. Paul neither might neither would have allowed a man to bee rashly angry with his brother : for h Christ forbiddeth it . But if one were suddenly surprised with rashe anger S. Paul would advise him i not to let the sunne goe downe vpon his angry wrath . neither might hee therevpon bee iustly charged with permitting wrath vntill the sunne sett , agaynst Christs commandement . No more might hee with graunting liberty to lust , because he k willeth men not to fulfill the lusts of the flesh : whereas l Christ commandeth them not to lust at all . For S. Paul also m condemneth all lusting of the flesh as sinne . But seing that n the flesh will lust agaynst the Spirit , as long as wee are in this mortality : he sturreth vp the faythfull that they o let not sinne raigne in their mortall bodyes , nor doe fulfill the lust of the flesh . In the same sort therefore hee giveth charge with Christ that the wife departe not from her husbād . Yet in consideratiō of humaine infirmity he addeth , But if shee departe too , let her bee vnmarried . And to meete with a doubt which herevpon might rise , sith in the next words before hee had affirmed that they who haue not the gift of continence should marry , and what if shee have it not ? hee adioyneth farther . p or let her be reconciled vnto her husband . So that although the words may seeme to bee vttered in the same sorte , as if they did imply and import a permission , yet are they not permissive , but imperative in truth , and an expresse precept , that the wife having forsaken her husband & therein done evill 1 forbeare to marry another , for that were farre worse , yea though shee can not containe : in respect where of or of any thing els , if shee mislike to live vnmarried , shee may not vse the libertye that single folke may , who rather ought to marrie then burne , but shee 2 must reconcile her self vnto her husband , whose wife shee is by duty still . And I may say likewise doubtles vnto Bellarmin that hee and his pamphletter should not have mayntained their error in writing : but sith they have done it , let thē write no more in defence of it , or let them acknowledg that in this poynt they were deceived . For whereas q they gather of the disjunctive particle Let hor remayne vnmarried , or bee reconciled , that S. Paul hath put it in the womans choyse & left her at liberty , either to live seperated still from her husband , or to be reconciled vnto him : they might as well ground vpon Christs words to the angell of the church of the Laodiceans r I would thou werest colde or 3 hot that hee hath put it in our choise and left vs at libertie either to bee colde in faith and love , as flesh is , or to bee fervent in the spirit . Yet Christ had no such meaning . For he commaundeth vs to bee 4 servent and that verie angell hee saith to everie faith full men 5 Be hot & Zealous . But because the partie was luke warme , a wordling s who had receyved the seede of the word but bare not fruite , who t knew his maisters will , but did it not & there by sinned most grievously : Christ wisheth that he were colde and sinned lesse ; sith hee did sinne ; or that hee were hot and free from both these faults , the later wishe made simply the former in comparison . After the which manner seing Paul might well , & did by all likelyhood of circumstāces of the text , wishe simply and chiefly that the wife estranged were reconciled to her husband , next that shee continued rather parted from him , then married to another as a lesse evill in comparison : the vttering of his sentēce with a disjunctive particle Let her remayne vnmarried , or bee reconciled , doth not prove hee put it in the womans choyse and left her at liberty to doe whether shee listed . And thus it appeareth how certaine and vndoubted that principle is , which 6 vpon this proofe Bellarmin avoucheth to bee most certaine & vndoubted : that S. Pauls words touching the wife If shee depart , are ment of her onely which parteth from her husband vpon a iust cause of divorcement . Howbeit if they had bene meant of her onely : yet must they have touched such wives as leave their husbands for any other just cause , & not for whoredom , An other and greater oversight of Bellarmin , that in exemplising the causes of divorcement to which in his opinion the words should bee restrayned , hee nameth whoredom first , as prncipally comprised in S. Pauls precept ; whereas S. Paule meant that it and it alone , should bee excluded and excepted . For these are his words . v To them who are married , it is not I that geve commandement but the Lord , Let not the wife depart from her husband ; but if shee departe too , let her remaine vnmarried , or bee reconciled vnto her husband ; and let not the husband put away his wife . Where in the last braunch Let not the husband put away his wife , must needes bee vnderstood except it bee for whoredom because S. Paule saith it is the Lords commandement , and x the Lord gave it with that expresse exception . This Bellarmyn doth graunt . Well . Then as the last braunche so the first too , Let not the wife depart from her husband . For the analogie is all one : and yeche having interest in the others bodie , shee may as lawfully depart y from an adulterer , as hee from an adulteresse . And this doth Bellarmin graunt also . But the middle braunche is to be vnderstood of the same departing , and likewise qualified as the first . Therefore . If shee depart too , is meant , except it be for whoredome . Nay , not so , quoth Bellarmin : for the same departing is not meant in both , but a farre different , in the first an uniust departing , in the next a just ; and this must be the sense of the Apostles wordes . Not I , but the Lord geve commandement , let not the wife depart from her husbād , to weet without a just cause : but if shee goe away , to weet having a just cause , let her remaine vnmarried , & so forth . In the refutation of which wrong & violence done vnto the sacred text , what should I stand ? whē the onely reason , whereby out of scripture hee assayeth to prove it , is the disiunctive particle , which as I have shewed alreadie , hath no ioynt or sinew of proofe to that effect . And z the onely father , whose testimony , hee citeth , for it , doth ground it on that disiunctive particle of Scripture : So that his reason being overthrow●n , his ●reditt and authoritie , by a his owne b approved rule may beare no sway . And on the contrarie parte , c many other fathers doe expound the second braunche as having referēce to the same departing that is forbidden in the first . And ( which is the chief point ) the naturall drift and meaning of S. Paules words doth enforce the same . For the tearmes ; 7 But , if , too , importe that doing also of that which in the sentence before he had affirmed ought not to be done : As d the like examples in the same discourse ( to go no farder ) shewe , yea some having one 8 particle lesse then this hath to press● it therevnto . It is good for the vnmarried and widowes , if they abide even as I doe : 9 But if they doe not conteine , let them marry . The woman which hath an vnbeleeving husband , and hee consenteth to dwell with her , let her not put him away : 1 but if the vnbeleeving depart , let him depart . Art thou loosed from a wife ? seeke not a wife : 2 But thou marrie also , thou sinnest not , This I speake for your profitt , that you may doe that which is comely ? 3 But if anie man thinke it vncomely for his virgin if shee passe the time of Marriage , let him doe what he will. The wife is bound by the law as long as her husband liveth : 4 but if her husband be dead , she is at libertie and so forth . In all the which sentences sith the clauses brought in with those coniunctiōs have manifest relation to the things spoken of before , and tou●h thē in the same sense , the braunche that is in questiō having like dependance , must in all reason be conserved of the same departing that the former . Thus it being proved that S. Paul commanding the wife to remanie vnmarried if shee departed from her husbād , did meane . Except it were for whoredom it followeth that Bellarmins proposition is faultie even in this also that he nameth whoredom among the iust causes of the wives departing here meant by S. Paul. Now in his conclusion inferring herevpon that even a iust cause of divorcement looseth not the band of marriage , hee is as deceitfull ▪ as he was false in his proposition . For the word Divorcement , being vnderstoode , as it is by him , for anie seperation and parting of the man and wife , though from bedd onely , & for a certaine time : There may be sundry causes why , such a seperation should be allowed or tollerated , whē as the band of marriage shall neverthelesse endure still . And so the simple reader were likely to imagine that Bellarmin had cōcluded a truth & to purpose . But the point where with he should have knitt vp his dispute , and whi●h he would have men conceyve & beare away as if these words implyed it , is that no iust cause at all of any divorcement doth loose the band of marriage , and therefore neither whoredo . The falsehood whereof would have bene as cleare as the sunne shine at nooneday , the proposition being so evidently false whereon it is inferred . And this is the argument that Bellarmin set his rest on 5 the insoluble argumēt , evē altogether insoluble , the ground whereof hee tearmeth 6 a demonstratiō a most invincible demonstratiō : against the which nothing ( he saith ) can be obiected , but an insufficiēt reply , made by , Er●smus , to weet , that Paul speaketh of ā 7 adulterous wife , who therefore being cast out by her husband is charged to stay vnmarried , the innocent partie not so charged . Which speeches of the Iesuite come frō the like veine of a vaunting spirit as those did of his complices , who boasted that 8 the Spanyards Armadoes & navy should finde but weake & seely resistance in England ; and called their army sent to conquere vs , an invincible army . For as they diminished by vntrue reportes the forces prepared : To meete & encoūter with the Spanish power : so Bellarmin by saying that nought can be obiected beside that hee specifieth ; yea farder by belying and falsifying of Erasmus , e who contrariwise replieth that Paul doth seeme to speake 9 of lighter displeasures for which divorcements then were vsuall , not of such crimes as adulterie . Moreover by the substance & weight of my replie to his insoluble argument , the godly wise indifferent eye will see ( I trust ) that the knots & strings thereof are loosed and broken : even as the invincible armie of the Spanyards was by Gods providence shewed to be vincible without great encountring ; the carkeises & spoiles of their shipps & mē vp ōthe English , Scottish , & Irish coasts did witnesse it . f So let all thine enemies perish , O Lord , and let them who love him be as the sunne when he goeth forth in his strength . THE THIRD CHAPTER . The consent of Fathers , the seconde pretended proofe for the Papists doctrine in this point , is pretended falsly : and if all be weighted in an even ballance , the Fathers check it rather . AFter the foresaid testimonies of scripture vrged by our adversaries in the first place for the commending of their errour : Secondly , the same truth ( saith the Iesuit ) may be proved by tradition . By which his owne speeche , if we should take advauntage of it , he graunteth all that I have said agaynst his arguments drawen out of the scripture , and so farre forth agreeth with vs. For what vnderstandeth , hee by the word Tradition ? A doctrine not written , as a him-self professeth in his first controversie . Where having noted that al though the word tradition be generall & signifieth any doctrine written or vnwritten , which one imparteth to another , yet divines , & almost all the auncient fathers , applie it to signifie vnwritten doctrine onely : And soe will wee hereafter vse this word saith hee . If the point in question thē may be proved ( as Bellarmin affirmeth it may ) by tradition : We might conclude it is not written in the scriptures , by his owne verdict , and therefore all the scriptures alleaged by him for it are alleaged falsly . But hee seemeth to vse the name of traditiō in like sort as b Vincentius Lirmensis doth , calling the doctrine delivered by the church the Churches tradition . This to be his meaning I gather by the reason that hee addeth saying for there are extant the testimonies of the fathers in all ages for it . The Pāphletter in other words , but more perēptorily to avouch the proofe thereof by the opinion and censure of all ages , affirmeth , he will shewe that it was never thought lawfull since Christ , for Christians divorced for fornication to marry anie other while both man and wife lived . That it was never thought lawfull since Christ , is a boulder speeche them Bellarmin doth vse : though to hitt the marke as it were with his shaft , hee must and doth imply as much in that hee saith it may be proved by tradition . For traditiō hath not force enough to prove a thing to be true , not in the Papists owne iudgment , vnles it have bene alwaies approved & agreed on by the generall consent of Fathers , ( as we tearme them ) Pastors and Doctors of the Church . Which I affirme not vpon the generall rule of c Vincentius onelie so greatly , and so often praised by them as golden : But vpon the Canon of the Trent councell and pillars of the Popīsh churche subscribing to it . For the d councell of Trent commanding that no man shall expound the scripture against the sense that the Churche holdeth or against the Fathers cōsenting all in one , doth covertly graūt , that if the Fathers consent not all in one , their opinion may be false , and ●onsequently , no sure proofe of a point in question . e Andradius doth open and avouche the same in his defense of the Councell : a worke verie highly commēded by f Oseruis . And g Canus setteth it downe for a conclusion , that many of them consenting in one can yeild no firme proofe , if the rest though fewer in number do dissent . Yea h Bellarmin himself saith that there can no certaintie be gathered out of their sayings , when they agree not among themselves . It is a thing graunted thē by our adversaries that the Fathers have not strength enough to prove ought vnlesse they all consent in one . But the fathers do not all consent in one about the point wee treat of , as it shal be shewed , Our adversaries therefore must graunt that the opiniō which they holde in this point , cannot be proved by Fathers . Nay they are in danger of being enforced to graunt a farther matter , and more importing them by the consequent hereof . For through a decree of i Pope Pius the fourth , the professors of all faculties , & all that take degrees in any poopish schoole are bound by solemne oth that they shall never expound and take the scripture 1 but according to the Fathers cōsēting all in one . Wherefore how will Bellarmin , perhaps the Pamphletter also if he have bene amongst them and taken any degree , but what shift will Bellarmin , and his 2 puefellowes finde to save themselves from periurie , when it shal be shewed that many of the Fathers gaine say that opinion , which him-self and his expound the scripture for ? And what if it appeare , that the greater number of Fathers doe so ? nor the greater onely , but the better also , and those whose grounds are surer ? Then all the probability , which Fathers can yeild will turne against the Papists : and that which our adversaries would prove by tradition , and the consent of all ages will rather be disproved thereby . But howsoever men be diversly , persuaded touching the number & quality of Fathers enclyning this or that way , by meanes of sundrie circumstances which may breed doubt both particularly , of certaine , and of the whole summe in generall : the maine and principall point remayning to be shewed , namely that the Fathers consent not all in one for the Papists doctrine , is most cleare and evident out of all controversie . In so much that many even of them also whom Bellarmin alleageth , and the Pamphletter after him , as making for it , make in deed against it : and those of the chiefest and formost rankes spetially , in the first , the second , the third , the fourth hundred yeares after Christ. All the which agree and teach with one consent that the man forsaking his wife for her adulterie , is free to marrie againe : save such of them onely , as in this very point of doctrine touching , marriage are tainted with , error by the iudgement and censure of Papists themselves . A token of the vanetie and folly of our adversaries Bellarmin and the Pamphletter : who by naming one at least in everie age , would needes make a shewe of having the consent of all ages with them , whereas it wil be seene hereby , that in many we have the most and best ; and they , either none at all , or none sound . For in the first hundred yeares after Christ all that Bellarmin sayth they have , is the testimony of Clemens in the Canōs of the Apostles k where the mā is willed without any exception to be excommunicated , who having put away his wife doth marrie another . Now beside that Clemens vpon whom Bellarmin fathereth , those canons , is iniured therein . As for the later parte of them l himself sheweth , m his friend for the former , neither are they of Apostolique antiquitie and authoritie notwithstanding their title , as n many Fathers testifie , and Papists will acknowledg when they are touched by them : o The author of the Canon had respect therein ( by all probabilitie ) to the Apostolique doctrine receyved from Christ , & therefore though he made not an expresse exceptiō of divorce for whordom , might as well impply it , as I have declared that some of the Euangelists , and S. Paule did . Which the interpreters also of those Canons p Zonaras and Balsamon , thought to be so likely and more then a coniecture , that they expound it so without any scruple . Balsamon in saying that he who putteth away his wife without cause may not marrie another ; and Zonaras that hee who marrieth a woman put away without cause by her husband doth committ adulterie . Or if these writers mistooke the authours meaning , & in his opinion no mā , howsoever his wife were put away , without or with cause , might lawfully marrie another : th●n take this with all , that q hee skarse allowed any second marriage , but controuled the third as a signe of intemperance , & condemned flatly the fourth as manifest whoredom . Which although r a Iesuit goe about to cover and salve with gentle gloses like s the false prophets . Who when one had built up a mudden wall did parged it with vnsavorie plaister : yet sith that counterfait Clements worke did flowe out of the fountaines of the Gretians , as a t great historian of Rome hath truelie noted , and amōg the Gretians many , held that errour , as it is likewise shewed by a v great Sorbonist ; the likelyhood of the matter , and spring whence it proceedeth agreeing so fitly with the naturall and proper signification of the words , will not permitt their blacknes to take any other hewe , nor suffer that profane speech of I know not what Clement , to be cleared from plaine contradiction to x the word of God. Wherefore the onely witnesse that Bellarmin produceth out of the first hundred yeares , doth not helpe him . y Out of the second hundred he produceth three ; Iustinus , Athenagoras and Clemens Alexandrinus . The first of whom Iustinus praising the compendious briefnes of Christes speeches rehearseth this amongst them : Whoso marrieth her that is divorced from her husband , doth commit adulterie . Meaning not as Bellarmin , but as Christ did : who excepting whoredome in the z former braunche of that sentence , vnderstoode it likewise in this , as I have shewed . And how may wee know that Iustinus meant so ? By his owne wordes , in that a hee commendeth a godly Christian woman , who gave to her adulterous husband a bill of dirorcement b such as did loose that band of matrimony , and saith concerning him that 4 hee was not her husband afterward . The next c Athenagoras , affirmeth ( I graunt ) that if any man being parted from his former wife doe marrie another he is an adulterer . But Bellarmin must graunt with all that Athenagoras affirmeth it vntruly : considering that hee speaketh of parting even by death too , as well as by divorcement , & tea●heth with the d Montanists that whatsoever second marriage is vnlawfull . Wherevpon a famons Parisian Divine e Claudius Espenseus saith of this same sentence of his which Bellarmin citeth , that it favoureth rather of a Philosopher then a Christian : and may well be thought to have bene inserted into his worke by Eucratites . A censure , for the ground thereof , very true , that the said opinion is a Philosophicall fansie , yea an heresie : Though the wordes seeme rather to be Athenagonas his owne , as f sundrie fathers speake dangerously , that way , then thrust in by Encratites , g who generally reiected all marriage , not se●ond marriage onelie . Athenagoras therefore worketh small credit to the Iesuits cause . As much doth the last of his witnesses h Clemens Alexandrinus . For both in this point about second marriage i hee matcheth Aethenagoras and otherwise his writings are tainted with vnsoundenes , and stained with spotts of errour . Which iudgmēt not onely k Protestants of Germaine have in our remembrance lately , geven of him , though a l Iesuitical spirit doe traduce thē insolently , for it : But m an auncient Pope of Rome with seavētie byshops assembled in a Councell above a thowsand yeares since , and a Byshop of Spaine a man of no small reputation with Papists for skill both in divinitie and in the Canon law n Didacus Covarruvias doth approve the same . Now in the third hundred yeares ( to goe forward ) Tertullian and Origen are brought forth to averre Bellarmins opinion , of whom one questionlesse controlleth , perhaps both . For o Tertullian disputing against the heretique Marcion , who falsely obiected that Christ is contrarie to Moses , because Moses graunted divorcemēt , Christ forbiddeth it , answereth that Christ saying , whosoever shall put away his wife & marrie another , committeth adulterie , meaneth 5 vndoubtedly of putting away for that cause , for which it is not lawfull for a man to putt away his wife that hee may marrie another . And likewise for the wife , that he is an adulterer , who marrieth her being put away , 6 if shee be put away vnlawfully : considering that the marriage , which is not rightly broken off , continueth ; and while the marriage doth continue , it is adulterie to marrie . Which words of Tertullian manyfestly declaring that a man divorced from his wife lawfully , for the cause excepted by Christ , may marrie another , Bellarmin doth very cunningly & finely , cut of with an et caetera , and saith that there he teacheth that Christ did not forbid divorcement , if there be a iust cause , but , did forbid to marrie againe after divorcement . So directly agaisnt the most evidēt light of the wordes & tenour of the whole discourse : that learned men of his owne side , though houlding his opinion yet could not for shame but graunt that Tertullian maketh against them in it . For p byshop Covarruvias mentioning the fathers who maintaine that men may lawfully marrie againe after divorcemēt for adulterie , nameth Tertullian ( quoting this place ) amōg them . And q Sixtus Senensis a man not inferiour in learning to Bellarmin , in sincere dealing for this point superiour , cōfesseth on the same place , & on those same words ( but recited wholy , not clipped with an etcetera ) that Tertullian maketh a certaine & vndoubted assertion thereof . r Pamelius in deede through a desire of propping vp his churches doctrine with Tertulliās credit , saith that though hee seeme here to allowe divorcement for adulterie in such sort , as that the husbād may marrie another wife : yet hee openeth himself , & holdeth it to be vnlawfull in his booke † of single marriage . Wh●rein he saith some what , but litle to his advauntage . For Tertullian wrote this booke of single marriage s whē hee was fallē away from the Catholique faith vnto the heresie of Montanus : & so doth holde therein agreably to that heresie , that is vnlawfull to marrie a second wife howsoever a man be parted from the former by divorcement or by death . But in that thee wrote , while hee was a Catholique , against the heretique Marcion , hee teacheth cōtrarywise the same that wee doe , as Sixtus Senensis and Covarruvias truely graunt . Yea Pamelius himself if hee looke better to his owne notes , doth graunt as much . For t he saith that Tertullian vseth the worde divorcement in his proper signification , for such a divorcement by which one putteth away his wife , & marrieth another . But Tertulliā saith 7 that Christ doth avouche the righteousnes of divorcement . Christ therefore avoucheth that for adulterie a man may put away his wife and marrie another by Tertullians iudgment . Which also may be probably thought concerning Origen : Although it be true v hee saith ( as Bellarmin citeth him ) that certaeine byshops did permitt a woman to marrie while her former husband lived , & addeth , they did it agaynst the scripture . For he seemeth to speake of a woman divorced from her husband , not for adulterie , but for some other cause , such as the Iewes vsed to put away their wives for , bygiving thē a bill of divorcemēt . The matter that he handleth , and cause that he geveth thereof doe lead vs to this meaning ; Approved by the opinion of certaine learned men too . For after he had said ( according to x the words of Christ which he expoundeth ) that Moses in permitting a bill of divorcemēt did yeeld vnto the weakenes of thē to whom the law was gevē ; he saith that , the Christian byshops who permitted a womā to marrie while her former husbād lived , did it perhaps for such weaknes . Wherefore sith in saving that , this which they did , they did perhaps for such weaknes , he hath relatiō vnto that of Moses , & Moses ( as he addeth ) did not graūt the bill of divorcemēt for adulterie , for that was punished by death it followeth that the Byshops whō Origen chargeth , with doing against the scripture did permitt the womā , to marrie vpon divorcemēt for some other cause , not for adulterie & so his reproving of thē doth not touche vs , who graūt it for adulterie only . Thus doth y Erasmus thinke that Origen meant : concluding it farther , as cleare , by the similitude which z he had vsed before of Christ , who put away the Synagogue ( his former wife as it were ) because of her adulterie , & married the churche . Yea a Tapper likewise a great divine of Lovā , & of better credit with Papists thē Eros●nus saith that the divorcemēt permitted by those Byshops , whō Origen cōtrouleth was a Iewish divorcemēt . Wherein though he aymed at another marke , to prove an vntruth ; yet vnwares he hi● a truth more thē hee thought of , & strengthened that by Origen , which he thought to overthrowe . Howbeit if Bellarmin or Bellarmins Interpreter cā persuade by other likelyhoods out of Origen ( as he is somewhat darke , & I know not whether irresolute in the point ) that the thing reproved by him in those Byshops was the permitting of one to marrie againe after divorcement for adulterie : our cause shal be more advātaged by those sundrie Byshops who approved it , thē disadvātaged by one Origē , who reproved thē for it . Chiefly seing Origē impaired much his credit both by other heresies in diverse points of faith , for whi●h a b generall Councell with c Bellarmins allowāce count 〈◊〉 a damned heretique : & in this matter by d excluding all such as are twise married out of the Kingdō of heavē , which e divines of Paris observe & check him for . Whereas those Byshops of whō he maketh mentiō , were neither stayned otherwise , for ought that may be gathered , nor herein did they more then the right believing & Catholique Churche all that time thought lawfull to be done , as appeareth by Tertulliā & Iustine the Martyr . In the which respect f Peter Soto ( a freir of great account in the Trent Councell ) 〈◊〉 said that it is plaine by many arguments that the case which we treat of was doubtfull in the auncient church al●eageth this for proofe thereof out of Origen , that many byshops 〈◊〉 married mē to marrie againe after divorcement . This if the two of ●thers whō Bellarmin alleageth out of the third hundred years as making for him , doe not make against him , which perhaps they doe both : yet one of thē doth not out of all controversie , & byshops , more in number , in credit greater thē the other , agree with him therein . Out of the fowrth hundred , the 〈◊〉 which Bellarmin maketh , is a great deale fayrer thē out of the third : & a number of Fathers , the councell of Eliberis S. Am 〈◊〉 S. lerō , a Romā Byshop , & S. Chrysostome are affirmed thē●e to ioyne themselves with him . But they are affirmed in the like māner as the former were : skarse on of thē avouching the same that he doth , the rest in part seeming to be of other opinion , in part most clearely shewing it , & such as shewe not so much , yet shewing their owne weakenes , & that in this matter their opiniō & iudgmēt is of small value . For the formost of them g the Councel of Eliberis , ordained that a womā which forsooke her husband because of his adulterie & would marrie another , should be forbidden to marrie , & if shee married , shee should not receave the communion till hee were dead whō shee forsooke , vnlesse necessitie of sicknes cōstrayned to geve it her . Wherein it is to be noted , first that the Councell saith not . 8 If anieman , so to comprehend & touche generallie all both men & women : but they speake peculiaritie of the woman alone , & so doe not forbid the mā to leave his adulterous wife & marrie another . Secondly , that the womā is excommunicated , if when shee is forbidden by the church to marrie , shee marrie neverthelesse , not if before shee be forbidden : As it were to punish her disobedience rather then the fact it self . Thirdlie , that sh●e is not d●barred all her life time from the communion , but for a season onely , and in time of neede , in daungerous sicknes doth receive it : yea , even while the partie , whō shee forsooke liveth . Of the which circumstances the first though it might argue the Councells oversight who made the womans case herein worse then the mans , both being free alike by Gods lawe : yet for the mā it sheweth that they allowed him to marrie againe after divorcement according to the doctrine of Christ which wee maintaine . The next yeildeth likeliehood that the Councell did forbid the woman this not for that they thought it vnlawfull , but vnseemelie perhaps or vnexpedient , as h another Councell is read to have forbiddē the celebrating & solemnizing of marriages at certaine times . But the last putteth the matter out of doubt , that they were persuaded of the woman also marrying in such sort , that her fact was warrātable by the word of God. Forels had they , not iudged her marriage with this latter mā to be lawfull , they must needes have iudged her to live with him in perpetuall adulterie . Which if they had thought , it is most improbable they would have admitted her to the communiō in case of daungerous sicknes : seeing at the point of death i they denie it to womē so continuing , yea k to men offending lesse heynously then so . With such extremitie of rigour therein that l Baronius noteth their decrees as savouring of the Novatian heresie : & m Bellarmin layeth it almost as deepely to their charge . So farre from all likeliehood is it that they would admitt her in necessitie of sicknes to the communiō had they bene persuaded shee lived in adulterie still . Therefore it was not without cause that Bellarmin did suppresse this circūstance together with the former , in citing the decree of the Elibernie Councell : least his false illatiō , to weete that they accounted such marriage vnlawfull even for the innocent partie , & in the cause of adulterie , should be discovered & controlled thereby . Next is Ambrose brought in , who vpō the 16 chapter of Luke , writeth much against thē that putting away their wife doe marrie another , & he calleth that marriage adulterie in sundrie places : neither doth he ever except the cause of whoredom in that whole discourse as Bellarmin saith . But what if Bellarmin here be like himself too ? Certainely S. Ambrose speaketh 9 of such wives as lived without crime & 1 whom their husbands were ( as hee addeth ) forbidden by the lawe of God to put away . So that hee reproving men for marrying others after they had put away their chaste wives , doth evidently shewe he meant not of marriage after divorcemēt for whordō . And if it be ●ufficiēt proofe that hee supposed they , might not marrie againe after they had put away a whorish wife because hee never excepteth whoredō in that whole discourse of marrying againe : then by as sufficiēt a reason hee supposed that 2 they , might not put away their wives at all , no not for whordom , because hee never excepteth it in that whole discourse of putting away the wife . But tha● Papists will graunt that a man may lawfully put away his wife , if shee committ whordom . As Bellarmin then will construe S , Ambrose in this braunch , so let him in the former . And if he say , that S. Ambrose thinking vpō Luke alone whō hee expounded , or trusting his memorie forgot the exception added by Christ in Mathew , for n putting away the wife : the same slipp of memorie might loose the same exception for o marrying another . If he thinke that Ambrose did not forget himself , but vnderstoode the exception in the former point , as the p Apostle did , though neither mentiō it expressely : what reason why , it might not as well be vnderstoode in the later also ? As for S. Ierom no marveil if hee wrote against second marriage after divorcemēt for whordom q who wrote against all second marriages in such sort , that r Espēceus asketh what could have bene said more greivously against them by the impure 3 Catharists , then is said by him ? And s Vives pronounceth , that hee did not onely detest second marriages , but also had small liking of the first , nor did much favor matrimonie ; Beside that himself too , as farre as hee exceeded the boundes of Godly modestie & truth herein , even by these mens iudgments whō Papists doe repute learned & Catholique allayeth & corecteth in one of the places , which Bellarmin alleageth , his peremptorie censure gevē in the other . For whereas hee saith in his Epistle to Amandus , that the wife who divorced herself from her husband because of his adulterie & marri●d another 4 was an adulteresse for so marrying , and 5 her newe husbānd an adulterer : In his epitaph of Fabiola ( a noble godly gentlewoman of Rome , who did the like & was poenitent for it after her second husbands death ) hee saith , that shee lamented & bewayled it so , as if shee had cōmitted adulterie . By which kinde of speech & others sutable to it , as that he te●●meth her state after divorcement frō her first husband Widdowhood ; & addeth , that shee lost the honor of having had but one husbād by marrying the second ; & saith , shee thought it better to vndergoe a certaine , shadow of pitifull wedlocke , then to plaie the whore , because it is better ( saith Paul ) to marrie then to burne : S. Ieron declareth that although it were a fault in his opinion to doe as shee did : yet not such a fault , a crime , a publique crime , as Bellarmins doctrine maketh it . No more may it be iustly thought in the opiniō of that Romā Byshop , of whō , because he put Fabiola to publique penance after her second husband death , Bellarmin cōcludeth that it was accounted a publique crime in the Catholique Church at that time , if any man whilst his wife yet lived , married another yea , albeit for whordō . For men at that time were put to some penance in the Catholique Church , for marrying againe after their first wives death , as Bellarmin observeth out of the Catholique●Councels : adding therewith al , that although they knewe secōd marriage to be lawfull , yet because it is a token of incontinēcie they chastised it with some penāce . Wherefore sith it might easilie bee that they who laid some penance vpon no fault , would lay publique penance vpō a small fault , spetially in women , to whō in such cases they were more severe & rigorous thē to mē : the penance which the Bishop did put Fabiola to for her secōd marriage doth not prove sufficiētly that it was accounted thē a publique crime in the Catholique church . Howbeit if the tearme of publique crime be vsed in a gētler sense thē v cōmonly it is , or the Byshop of Rome did never put any but grievous offenders & finners to publique penance : yet perhaps even so too will Bellarmin come short of his conclusiō still . For thereby ( saith hee ) we doe not vnderstād that ● if any mā while his wife yet lived , married another , yea albeit for whordo ; it was accounted a publique crime in the Catholique church at that time , if any mā did it . As who say the Byshop of Rome must needs hould that , if women were not licensed to marrie after divorcement for whordom , men could not be neither . Whereas he might be of the same opiniō , that an aunciēt x Councell s●emeth ( as I shewed ) to have bene before him ; and an auncient y Father ( living & writing as z some thinke , in Rome about the same time ) was ; I meane , that this libertie & freedom should be graunted to men but not to women . Moreover the delay of Faebiolas penance , in that she was not put thereto vntill a after her second husbands death , yeildeth very strong & probable coniecture , that it had not bene before thē accoūted any crime at all in the Catholique church , not for a woman neither to put away her husbād because of his adulterie , & to marrie another . For that which Fabiola did , shee did 3 openly . Her self was religious , godly , well instructed ; & thought it to be lawfull . Her husbād by all likelyhood of like minde & iudgmēt : the church of Rome called not their marriage in to question ; The Byshop did not execute any Church censure on them . Nay , sith shee was 4 very yong , when they married , and never heard of anie fault therein committed as long as her husband lived : it may be Rome had many Byshops in the meane time , none of whō saw cause why they should blame her for it . The example of Fabiola therefore , & the Roman Byshops dealing in it , maketh more a great deale with vs then against vs , if it be throughly weighed . Now S. Chrysostom maketh absolutely with vs : Howsoever Bellarmin affirmeth that hee teacheth the same with S. Ierom yea , with b S. Ierom simplie condemning all such marriage . For what doth S. Chrysostom teach in the c sermon that Bellarmin quoteth vpon Mathew ? Forsooth , that by Moses lawe it was permitted , that whosoever hated his wife for any cause , might put her away , and marry another in her roome : But Christ left the husband one cause alone to put away his wife for namely whoredome . What ? and doth it follow hereof that Chrysostom , meant that the husband putting her away for whoredome , might not marrie another ? Rather the cleane contrary : Seing that he speaketh of such a putting away , as Moses did permitt , and maketh this the difference betwene Christs ordinance , and the law of Moses , that Moses did permitt it for anie cause , Christ but for one . Which to be his meaning hee sheweth more plainely d vpon the first to the Corinthians , saying that the marriage is dissolved by whoredom , neither is the husband a husband anie longer . For hence it appeareth that hee thought the bād of marriage to bee loosed . whē they , are severed for whoredom : & therefore consequently the parties free to marrie according to the e Apostles rule . And f other where also , though somewhat more obscurely yet conference with this place will shewe him to have taught . But what should I stand on farther proofe thereof , it being so vndoubted , that g Byshop Covarrisvias an earnest adversarie of marriage after divorcement , and bringing all the Fathers that hee can against it , confesseth S. Chrysoctom to stand on the other side against him for it . And this in foure hundred yeares after Christ , Bellarmin cannot finde one of the Fathers , that hee may iustly say is his : excepting them which make as much for the Encratites , Montanists , and Catharists , as they doe for Papists . In the ages following hee findeth better store : now one , now moe in eche hundred . Yet among them also , looke how manie hee nameth of the Easterne Byshops , whether expressedly , or implyedly : hee playeth the Iesuit with him . For the first of them Theophylact hee alleageth with the same faith & truth , that he did Chrysostom , whose schollar Theophylact being ( after h Bellarmins owne note ) did follow his maister . And this the two places thēselves that Bellarmin quoteth , doe insinuate clearely : i the former by opening how Christ permitteth not that putting away which Moses did , without iust cause , nor alloweth any cause as iust but whordom k the later by omitting mention of whordō , in spesifying the causes , for which if a womā depart frō her husbād shee must remaine vnmarried . Whereto ( if Bellarmin neede more light to see it by ) we may adde a third place : in which l Theophylact saying that Luke rehersing Christes words against men putting away their wives & marrying other must be vnderstood with the exception out of Matthew , 3 Vnless it be for whoredom , doth shew howfarre he differeth herein from Bellarmin , who denyeth flatly that Christes wordes in Luke must be supplyed with that exception . The rest of the Easterne Fathers whose testimony is alleaged by Bellarmin though their names not mētioned : are such as were assembled in the Councell of Florence . For there came thither to conferre with the Pope & the westerne byshops , albeit many of these houlding a generall Councell at Basil the same time , refused to chaunge the place for the Popes pleasure , who sought his owne advantage therein , not the Churches , and vndermined the actions of the Councell of Basil m which condemned him of heresie , and deposed him ; but there came thither n the Patriarches of Constantinople , Alexandria , Antioche , and Ierusalem , either themselves in person , or by their deputies , with many Metropolitanes and Byshops of Greece of Asia , of Iberia , and other countries of the East . Whose creditt and consent how vntruely Bellarmin pretēdeth , for the proofe of his false assertion , it is plaine by that hee saith the Councell of Florēce did decree the same in the instruction of the Armenians . A chapter which is fathered in deed vpō the Councell by the schisimaticall Pope Eugenius the fovorth , the deviser of it : but fathered vniustly and calmuniously as the time argueth , wherein it was begottē . For it is recorded in the same decree , that it was made the 6 two and twentieth of November , in the yeare of Christ a thousand foure hundred , thirtie & nine . Now the Councell ended in Iuly the same yeare foure moneths before : As both o it self witnesseth , & p Popish stories not● . Wherefore the Councell could not be the father of that decree and chapter : no more then a man can be of that childe whi●h is borne fouretē moneths after his death . And the Pope , whose bastard in truth the brat is , by the acknowlegment and record of Papists themselves in the q Tomes of Councells , was so much the more to blame to father it vpon the Councell of Florence 7 the great & generall councell , and 8 date it in a publique solemne session thereof ; Because neither was it debated in the Councell whether marriage after divorcement for adulterie were lawfull or no ; and the r Easterne byshops mainteyned it to be lawfull , when the Pope after the end of the Councell did reprove them for it : neither is it likely the contrarie was decreed by all there present of the west . Chiefly seing that more thē half of them were gone when both partes the East & West , subscribed to the decrees of the Councell in the letters of agreement : as appeareth by conferring s their number with t their names & the note thereof . Yea the Councell being ended the sixth of Iulie , had their subscriptions added vnto it the one & twentith . Then if of sevē score or perhaps vpward , scarse threescore were remayning at Florence , foureteene dayes after the Councell ended : What may we thinke there were above foure moneths after ? But how many soever were present of the West , as the 9 Pope can quickly muster an hundred Byshops or more , if neede be out of Italie alone , 1 to carry away things in Councell by multitude of voices , such pollicie hath he vsed for that ; but how many soever Italians he banded to countenance his decree , the Byshops of the East agreed not thereto , neither was it the Councells act . Thus all the Fathers of the Eastern churches , whom Bellarmin alleadgeth , and may vrge with creditt their doctrine touching marriage , doe not onely not say with him , but gainsay him . Wherein their have so many others followe them from age to age till our time , that it is apparant they allowe with greater consent a mās marriage after divorcement for adulterie then Fathers of the western churches disallow it . For v Eusebius treating of Iustine the Martyr setteth forth with the same praise that hee had done , the storie of the Christian woman , who divorced her self frō her adulterous husband . And S. x Basils canons approved by y generall Councels , doe not onely authorize the mā to marrie another , whose wife is an adulteresse , but also check the custome which yeelded not like favour in like case to the woman . And z Epiphanius saith ( his words are read corruptly , but the sense th●reof is plaine of our side , as a Covarruvias graunteth , Epiphanius therefore saith that Seperatiō being made for whoredo , a mā may take a secōd wife , or a woman a second husband . And the same avoucheth b Theodoret in effect , affirming that Christ hath sett downe one cause : whereby the band of Marriage should be dissolved , and wholy rent a sunder , in that hee did except whordom . And a c generall Councell , wherein there were above two hundred and twentie byshops of the East gathered together , doth imply as much ; in saying that Hee , who his wife 2 having kept the lawe of wedlocke , and being faithfull to him , yet forsaketh her and marrieth another is by Christs sentence guiltie of adulterie . So doth d Oecumenius in applying the precept of abiding vnmarried to such as should not have departed , and in abridging Chrysostōs words after his manner , whose scholar e Bellarmin therefore tearmeth him . So doth f Euthymius Chrysostoms schollar too , in ●harging that mā with adulterie , who marrieth a woman divorced for any cause but whordō from her husbād . So doth Nicephoras , in copying & cōmending that out of Eusebius , which he had out of Iustin the Martyr . To be short , the Grecians , 3 which nam g compriseth many nations of the East , all whō the h Florentine Councell calleth the Eastern Church doe put the same doctrine receyved from their auncestours in practise even at this day , allowing married folke not onely , to sperate & divorce thēselves in case of adulterie but also to marrie others , as Bellarmin confesseth . Wherefore his opiniō hath not the consent of the Eastern byshops : neither hath had it any age since Christ. Much lesse can he shewe the consent of the South i the Aethiopians , & Abessines , or of the k Moscovites & Russes in the North : both which as they receyved their faith frō the East , so vse they like freedome & libertie for this matter . No , not in the west it self , though he have many thēce agreeing with him , yet hath hee the generall cōsent of all the Fathers perhaps not of half , if an exact count might be taken of them . For besides Tertullian , the Councell of Eliberis and to let passe Ambrose ) one Byshop of Rome , or more alreadie shewed to have thought that a man being divorced from his wife for her adulterie , is free to marrie againe : there are of the same minde l Lactantius , m Chromatius , n Hilaric , o Pollentius , p the author of the Comentaries in Ambrose his name vpon S. Pauls epistles , q the first Councell of Arles , r the coūcell of Vānes , they who either were at or agreed to the s sixth generall coūcell the secōd time assēbled t Pope Gregorie the third v Pope Zacharie , the councell of x Wormes of y Trybur , of z Mascon , a councell alleaged by a Gratian without name , & other learned men alleaged likewise by b him , c Pope Alexander the third , d Celestin the 3 , e Zacharie and f Paul byshops , the one of Chrysopolis , the other of Burgos , g Erasmus , h Cardinal Cajetan : i Archbyshop Catharinus , k Naclantus byshop of Clugia , finallie the teachers of the reformed churches in l Englād , m Scotlāt , n Germanie , o France & p other countris , for why should not I name these of our professiō & faith amōg the Fathers as well as Bellarmin nameth the Popish councell of Trēt on the cōtrarie side ? But the Papists ( will some mā peradventure say , doe not graunt that all , whom you have rehearsed , were of this opiniō . But the Papists ( I aunswer ) doe graunt that sundrie of them were ? and such as they graunt not , the light of truth & reason will either make them graunt , or shame them for denying it . As 2 Sixtus Senensis , namely doth deny that Hilarie and Chromantius allowe a man to marrie another wife after divorcement : or teach that hee is loosed from the band of matrimonie , while his former wife though an adulteresse liveth . Now weigh their owne wordes , & it will appeare that Sixtus iniurieth them therein . For Chromatius saith that they who having putt away their wives 4 for any cause save for whor●dom , presume to marrie others , doe against the will of God , and are condemned . Wherein , with what sense could hee except whoredom , vnlesse he thought them guiltlesse , who having put away their wives for it doe marrie others ? And s Hilarie affirming Christ to have prescribed no other cause 5 of ceasing from matrimony , but that ; she weth that the band of matrimony is loosed thereby in his iudgmēt . Chiefly sith he knew that they might cease from the vse thereof , for other causes : & the occasion and tenour of the speech doe argue that he meant of such a seperation as yeeldeth libertie of newe marriage . In like sorte , or rather more plainely and expressely did Pollentius holde and maintaine the same : As Austin ( whom in this point hee dissented from ) doth reporte and testifie . Yet Bellarmin ( a strange thing in a case so cleare , but nothing strange to Iesuits ) saith that Pollentius 6 did not gainsaie Austin , but asked his iudgment of the matter : and for proofe hereof referreth vs to the beginnings of both the bookes of Austin . Even t to those beginnings in which it is declared how Austin having laboured to prove that a woman parted from her husband for his fornication might not marry another , Pollentius wrote vnto him 7 as it were by way of asking his iudgment , and shewed hee thought the contrarie : yet shewed it in such sorte , that Austin setting downe both their opinions , doth specifie then as flatly crossing one the other : You are of this mynde , I of that : and saith of Pollentius againe and againe that 8 hee was of this mynde , which Bellarmin denieth hee was of . Wherein the Iesuits dealing is more shamefull , for that beside the evidence of the thing it self so often repeated in the verie same places that hee citeth v Sixtus Senenses a man as vnwilling as Bellarmin to weaken anie of their Trent points with graunting more then hee must needes confesseth that Pollentius thought hereof as we doe . Belike because Sixtus Senensis honoreth him with the praise and title of a 9 most godlie man : Bellarmin thought it better to lie , then to graunt that they have such an adversarie . Hee would faine avoid too another auncient father bearing the name of Ambrose ; & x Ambrose might his name be , though hee were not famous Ambrose Byshop of Milan . But whether hee were named so , or otherwise ( which 1 perhaps is truer ) vnto his testimonie pronouncing it lawfull by S. Paules doctrine for a man iustly divorced to marrie againe ( though not for a woman , as hee , by missetaking S ; Paul , through errour , x though Bellarmin replieth with a threefold answere . First y Gratian ( saith hee ) and Peter z Lombard doe affirme that those wordes were thrust into this authours Commentarie , by some corrupters of writings . Indeede the one of them affirmeth : 2 it is said so ; the other , 3 it is thought so . But if it be sufficient to affirme barely , without anie ground of proofe or probabilitie , that it is said or thought so : what errour so absurd that may not be defended by perverse wranglers ? what cause so vniust , that vnrighteous iudges may not geve sentence with ? For whatsoever wordes be enforced against them out of the law of God or man , out of anie evidēce or record of writers & witnesses worthie credit : they may with Peter Lombard and Gratian replie that the place alleaged is said or thought to have bene thrust into those monumēts by some corrupters of writīgs . And in replying thus they should speake truelie , though it were said or thought by none beside themselves : but how reasonably they should speake therein , let men of sense & reason iudge . Surelie though Peter Lombard rest vpō that aunswer ; for want of a better , yet Gratian ( whether fearing the sicklie state thereof ) doth leave it , & seeketh himself a new patron , saying that Ambrose words are thus meant , that a man may lawfullie marrie another wife after the death of the adulteresse , but not while shee liveth , which aunswer is more absurd then the former . In so much that a Covarruvias speaking of the former onelie as vncertaine , saith that this repugneth manifestlie to Ambrose . A verie true verdict , as a●ie man not blind may see by Ambrose wordes : And Bellarmin confesseth the same in effect , by passing it over insilence as ashamed of it . But others ( sayth hee secondlie ) doe aunswer that this authour speaketh of the Civil law , the law of Emperours : To weete , that by the Emperours Lawes it is lawfull for men , but not for women , having put away their mate , to marrie another : and that Paul therefore least he should offend the Emperour b would not say expressely . If a man put away his wife , let him abide so or be reconciled to his wife . Now Gratians second aunswer was no lesse worthy to have bene mentioned , then this of c William Lindan , patched vp by Bellarmin . For the d civill law pronounceth the band of marriage to be loosed as well by divorcement as by death : and alloweth women to take other husbands , their former being put awaie , as it alloweth men to take others wives . So that it is a fond and vnlearned conceit to imagin that Paul would not say of husbands as hee did of wives , least hee should offend the Emperour by speaking expresselie against that which his law allowed . For e hee did expressely controll the Empero●rs law in saying of the wife . If shee depart from her husband , let her remaine vnmarried , or be reconciled to her husband . And the authours wordes doe shewe that hee meant to speake , not of humaine lawes , but of divine : of the sacred scripture wherevpō he wrote , and what was thereby lawfull . Which seemed so evident vnto , f Peter Soto , g and● Sixtus Senesis , and h the Roman Censors , who oversaw Pope Gregorie the thirtenths new edition of the Cannon law , that they confesse that Ambrose ( meaning this authour ) doth aprove plainely , certainly , vndoubtely , mens liberty of marrying againe after divorcement . Bellarmin therefore comyng in with his third aunswer . Yet saith hee if these be not so well liked , it may be aunswered easilie : that the author of those Commentaries is not Ambrose , nor any of the renowned Fathers , 4 as learned men know . Thus at length this authour , if men will not beleeve that his wordes are corrupted , or that hee spake of the Civill law , shall be graunted vs with Bellarmins good leave : But then wee shall be tolde that hee is not Ambrose , nor anie of the renowned Fathers as learned men know . And why could not Bellarmin aunswere this at first ? Why was hee so loath to graunt that such an authour , base , obscure of sclender credit , maketh with vs ? Herein there lieth a mysterie . There is i in this authours Commentaries a place , a 5 peece of a sentence , which seemeth to speake for the Popes Supremacie : Though perhaps never writen by this authour , or not with that meaning , as I have shewed elswhere . l Bellarmin had cited that place for that in 6 S. Ambrose his name : and m ma●ie make a feast thereof , as being sure S. Ambroses . Now if hee should saie , that the authour of those Cōmentaries was neither Ambrose nor Saint : hee should gainsaie himself . And sith hee was learned , when hee did cite it so , and therefore knewe ( by his owne words ) that it was not Ambrose nor anie of the renowned fathers who writt it : men would see thereby , that hee had for the Popes sake against his owne knowledg , fathered on S , Ambrose that which is not his . No marveil then if Bellarmin came to this aunswere as a beare to the stake . At the which though hee seeme to cast vs o● , by saying that the authour was no renowned Father , and erred in mistaking S. Paul , as having geven more libertie to men then womē , wher●of in due place afterward : yet in the meane season hee is forced to graunt that this auncient Father tooke it to be lawfull for men to marrie againe after divorcement for adulterie . The sundrie evasions and shifts whereby the Papists have laboured to wrest the credit of this one ●ather out of our hādes , doe geve mee occasion to suspect that they will wrangle much more to withdraw from vs the first Councell of Arles 7 being more auncient in time , in credit greater , and ( as n one of themselves doth probably coniecture ) confirmed by the Pope also . Herevnto the Councels wishing of certaine persons not to marrie in the case wee treat of might serve them for a colour in as much as o it saith concerning them whose wives are taken in adulterie , that if they be yong men and forbidden to marrie , 8 advise should be given them , as much as may be not to take other wives while the former live , though adulteresses . But this giving of advise is in truth an argument that the councell iudged a man no adulterer , if hee tooke another wife . Els would they have given not advise and counsail , but charge and commandement to refraine from it ; and ( as it is likely ) restrained mens transgression therein with sharpe discipline , spetially considering p they punish lesser faults with excommunication . Neither it is nothing that they temper also this counsail and advise to be geven such , with 9 as much as may be . And a farder circumstance yet of more importance , they make not this restraint for all men , but for yong men : nor for all yong mē , but such as are forbidden to marrie : meaning ( as it seemeth ) those who being vnder the care of their parents were by them forbidden , & could not honestlie disobey . For had not this respect or the like moved the Fathers of the Councell , why should they have restrained such yong men & not other ? Nay , why onelie yong men , not rather men , not aged men , or them also ? Sith in q Scripture elder women are chosen to be widowes , and yonger willed to marrie . Our adversaries therefore must yeeld that the Councell of Arles is of our side for the point in question . Whereto they shall have greater reason to induce them , if they note with al that the r Councell of Vannes in the same countrie , 2 the age following made this canon . Wee appoint and ordeine , that they who having l●ft their wives , except for whoredom ( as it is said in the Gospel ) or vpon proofe made of adulterie , marrie others , shal be excommunicated ; Least 3 sinnes being suffered by our too much gentlenes doe provoke other men to loosenes of transgressing . And this decree I finde not anie of the Papists that goeth about to shift of ▪ Neither can I see how they may possiblie : The Councell expounding so plainely Christes wordes of marriage forbidden after divorcement vnlesse it be for whoredome , and accompting marriage after such divorcement not a lesser sinne , but no sinne at all , as the reason added for strength of their decree sheweth , Now for the next , the generall Councell assembled in the Emperours palace of Con●●antinople which made the like decree and taught the same doctrine , as I have declared : Bellarmin would persuade vs ( vpon other occasions touching Poperie nearer the quick , then this doth ) that the western Byshops neither gave countenaun●e thereto with their presence , nor approved the Canons thereof with their consent . To this end hee denieth that the said Councell was a generall Councell , & striveth in his s third controversie to aunswer some of our reasons which confirme it . But hee easeth vs of paines to fift his aunsweres by meanes that himself in the t fourth cōtroversie , discoursing of generall councels purposelie , doth reckē it amongst thē . For as in v mēs lawes whē they are repugnāt one vnto another , the later derogateth frō the former : so ( I trow ) when Bellarmin doth contradict himself , his last word must hold . And the more reasō it should so in this , because both x Pope Adrian the first of auncient tyme did call it the sixth Councell , declaring thereby hee tooke it to be one of the Gēeral Coūcels whereof he tearmed it the sixth , and in y the seaventh generall Councell sūdry Fathers alleaged it by the name of the sixth Generall , & avouched it to bee iustly called so . Which sentence of theirs being not controled by any of that Councell , and the z Councell it self afterwarde approving the decrees and Canons of the sixe generall Councels : it is verie probable that the western churches yeelding their cōsent to the seavēth Coūcel , and taking it for sound , accounted ( as a the Eastern still have done & doe ) that which they entitled the sixth to bee Generall . Specially seeing that in the West , men of great credit b Ivo and c Gratian and d Pope Innocentius the third and their disciples , the whole schoole of Cannonists have on those authorityes of the seaventh Councell made like reckoning of it . And although our yonger papists for the most parte and some of the elder , perceyving what advantage may be taken thence agaynst many grounds of popery , doe crosse their predecessours herein with 4 seely reasons , such as where of the b●st would inferre more forceablie that their Councell of Trent was no Generall Councel : yet amōg thē also there are who allowe the auncient opinyon , as e Caranza namely , and f Genebrard and Surius , with whose preface tēding to the proofe therof it is recommended & published by papists in the two 5 perfitst and last editions of the Councels . Wherefore whether anye of the West were present in person , or by deputyes , g and subscribed to it which 9 Balsamon and h Nilus , learned Greeke Fathers avouch by olde records ; or whether it were celebrated by Eastern byshops onely , as the i second Generall Councell also was in the same City of Constantinople the consent of the west approving it for Generall averreth my sayings by a cloude of witnesses of the western Churches . Pope Gregory the third followeth , k Hee graunteth that if a woman by reason of sicknesse wherewith shee were taken could not performe the duty of a wise to her husband , her husband might put her away and marrie another . More then by the doctrine of Christ hee had learned to graunt for any sicknes : but so much the likelyer that he thought it should bee graunted for whoredom expressely mentioned by Christ. Wherevpon l Ioverius a Sorbonist in a worke approved by Sorbonists , matcheth his Canon with the like of Councels , who gave the Innocent partie leave to marrie againe after divorcement , while the other lived . Neither doth Bellarmin denye the illation , but the proposition , which the poynt inferred is grounded vpon . For the Doctors ( sayth hee meāing the Canonists ) expound the Canon of such sicknesse as maketh a woman vnfitt for Marriage : and so is an impediment disolving matrymonye contracted , by shewing it was no true matrimonye . But the Doctor of Doctors m Gratian himself vnderstood it otherwise ; of sicknsse befalling to her , who was an able wife . And those his glosse writers vse most that exposition which Bellarmin would have vs recieve for authentick as the fittest salve ; yet rest n they not vpon it . And o Antonius a great Canonist : Archbyshop of Florēce correcting p Gratians slipp of memorie for the persons , concludeth with him for the matter . And the flower of Lovan q Tapper , the Chauncelour of their viniversity , approveth this of Antonius . And r the learned men who were over-seers of the last edition of the Councels doe witnesse by cōtrolling it as a thing which now the Church observeth not ' 6 that Gregory meant of sickenesse happ●ning vnto lawfull wives in their iudgement And the Pope himselfe ( as s Bellarmin noteh els where ) declareth that hee tooke it to bee true matrymonie , by saying that the man ought not to bereave the former wife of ayde , that is , ought to maynteyne , & finde her as his wife still . Wherfore if no Catholique byshop would imagin that a man may lawfully put away his sick wife , and marrie another , vnlesse hee thought the same much more to bee lawfull in an adulterous wife , as wee are to presume : then must the Papists by consequent acknowledg that the poynt in Question is prooved and allowed by Gregory the third . A playner and directer allowance thereof , appeareth in a Canon of his successor t Zacharie , who whē a certayne man had defiled himself incestiously with his wives sister , graunted that his wife should be divorced from him : and ( vnlesse shee were privie to that wicked act by counsayling or procuring it ) might marry in the Lord if shee could not conteine . This so cleare a testimony of an 7 auncient Pope authorizing the divorced woman to marrie , Bellarmin would elude , by saying that hee meant shee might marrie another , after the former husbands death . As who say , the Pope inioyning the 8 man and the whore for a punishment to stay and abyde without hope of mariage , were likly to meāe by liberty of marriyng graunted the guyltlesse for a benefite , that while the guilty lived , who might overlive her , shee should not marrye no more then hee . Or as though there had bene neede for the Pope then to graunt it with exception , 9 If she will not conteine Let her marrie in the Lord. Whereby it seemeth that hee rather wished her to refrayne from marriage , if shee might be induced thereto , which hee had no cause to wish on this occasion after the mans death , she being v then simply free , u and willed to marrie x such might her age be . But what doe I reason out of the circumstances in a thing so certayne and cleare of it self , that although the y great maisters whom Bellarmin alleaged before & followed here , have assayed to darken the light thereof by this mist : z yet Sixtus Senensis confesseth that Pope Zachary decreed that the women if shee would not conteine , should marry another husband while the former lived . It is true that Sixtus seeketh to helpe the matter another way somwhat , by yoking the Pope with provinciall Councels : who ( hee sayth ) allowed & decreed it , not by a generall and perpetuall ordinance , but for a tyme , & to certaine nations ; & that in such heynous crymes as incest onely , But will the Papists stand to this doctrine , that the Popes decrees bynde not al nations generally , nor are perpetually to last ? Thē must they acknowledg ( which would touch the Papacie & Popery verry neerely ) that the Popes supremacie is falsly pretended , hee hath his certeyn limits as Metropolitanes have : and some will reason also that the lawes of Popes were to last for a tyme vntil Luther rose , but for a tyme onely , there date is out now . As for the cryme of incest , wherevpon the Pope allowed the innocent partie to put away her husband and to marrie another : that confirmeth rather the poynt in Question then disproveth it . For hee had no warrant to allow this by , but our a Saviours doctrine forbidding such divorcement , except it were for whoredom : so that he might not have graunted it for incest , vnlesse hee had thought it lawfull for adulterie ; b Neither did hee consider the cryme but as comprised vnder adulterie too : Whereof ( in a generall sense meant by the 6 law ) incest is a kinde . And therefore in speaking of her with whom the detestable act was committed , hee tearmed her 1 the Adulteresse not the incestious person . Thus it is apparant , that in this matter Pope Zacharie was no papist . No more was the Councel of c Wormes which shewed their iudgment to the like effect to weet , that a man who could prove his wife to have been of counsail with such as sought his death , might put her away and marry another if hee would . Presuming that belike , which they might iustely , as 2 examples teach vs , that shee was nought of her body with some of the conspiracie . For els had the Councell expressely authorized the same that d Christ condēneth , if for any other cause then for adulterie they had allowed the man to marrie . Therefore e Covaruvias reckoneth 3 vp this Councell among thē who held that a man having lawfully put away his wife for her whoredom , might take another while shee lived . Yet a certaine Spanish Frier named Raymund , one of Pope Gregory the nynthes speciall State-men , the compiler of his Decretals , f would avoyd it also after Gratians manner , by false exposition as if the Councell had meant , a man might take another wife after the death of the former . To the more effectuall perswading whereof , that questionlesse they meant so : hee vseth a speciall trick of popish cunning . For , making shewe of registering the Councels owne decr●e , in steed of those wordes 4 Hee may put away his wife and marry another , if he will : the Frier setteth downe these 5 Hee may after his wives death marrie annother , if hee will. And whereas the Councell had sayd , 6 as we thinke , which wordes had bene absurdely put in , if they hadd meant after his wives death hee might marrie another , a thing agreed on and vndoubted : The Frier ( as theeves are wont to deface and suppresse the markes of things which they have stolen , least they be taken thereby ) leaveth that cleare out . But by the mouth of two witnesses g Burchardus Byshop of wormes , and h Gratian or 7 Palea , both elder then the Frier , and from whom of likelyhod hee receaved this Canon of the Councell of Wormes his false and irreligious dealing is bewrwayed . Whereto may the confession of the third bee added , though in years yonger , yet greater in credit for things agaynst Papists , himself a popish Doctor and burning light of Paris , i Ioverius I meane : who sayth of that Councell , that it allowed the innocent partye to marrie agayne after divorcemēt , the other being yet alive . And the Councell it self maketh farder proofe that they are not vniustely charged by Ioveruis and Covariuvias with this iudgemēt . For if any man had committed wickednesse with his daughter in lawe , the daughter of his wife by her former husband : k they agreed that hee should keepe neither of thē : but his wife might marrie another if shee would , if shee could not conteyne and if shee had not carnall company with him , after that she knew of his adulterie with her daughter . The last clause whereof sheweth that they ment of liberty graunted her to take another husband while the former lived : sith it cannot be thought with reason , but they iudged shee might take another the former b●ing d●ad : though shee had continnued with him as his wife , after shee knew of his adulterie . The l Councell of Tribur did maynteyne the same : ordeyning that if any committed vilany with his mother in law , her husband may take another wife if hee will , if hee cannot conteine : and the like order is to bee observed , if with his daughter in law or his wives sister . Bellarmin like the m paynter , who being good at purtraing of a Cypresse tree , when one gave him money to draw and represent a shipwrack in a table asked if hee would have a Cypresse in , dispairing to doe ought worth perhaps , vnlesse that helped : saith that all such Canons ( all not onely this of the Triburian Councell ) are vnderstood of marriage graunted to the innocent party after the death of the former wife or husband . An answer no fitter for this and all such Canons , then a Cypresse tree is for a shipwrack , as those of Pope Zachary & the Councell of wormes the former whereof hee garnisheth also with this Cypresse tree , doe argue . For the same reasons which proved Zacharies Can on to bee meant of the womans marriage while the man lived , prove the Councel of Triburs to bee likewise meant of of the mans in the womans life-tyme . The punishment inflicted therein 8 on the offēders doe equally enlarge the benifit to the Innocent . The 9 exception added to the enlargemēt , is stronger : implying they would have him staye vnmarried rather , if he can conteyne . The testimonye of n Sixtus is all one for both : neither doth the quallity of the cryme of incest more infringe the argument heere then it did there . And this extenuation that the Councell beeng a provinciall Councell ordeined it for men of their owne province , and for that tyme onely , encreaseth the authority thereof , if the precious bee severed from the vile , the truth from the falshood . For why affirmeth hee that they did ordeyn it for that tyme onely ? The forme of their decree touching 1 all generally that should offend so , not some particular person , who presently had ; they speaking of the thinge as 2 lawfull in it self , and 3 to bee observed alike in like cases ; their makinge of o other Canons to that effect : yea p another Councel also peradventure , & no limitatiō of tyme in any of them ; doe persuade the contrarie . Now , whereas they ordeyned it for men of their owne province , their modesty was the greater : who did not take vpon them as Popes to make lawes for men of all nations , but looked as Byshops to their owne diosaes . And the greater modesty , the liker to q Christ , and the better to be liked of r Christians , the more reverence to be s heard with , and their iudgmēt had in greater estimation . Beside that , this self-same decree of theirs was establyshed also by t the Councell of Wormes . And u at that tyme Pipinus ( King of Fraunce , and of a great parte of Germany ) was present . Who as hee did keep a generall assembly of his people 4 there : so by all likelyhoode called Byshops thither out of his whole realme , to make decrees for the whole . A province of such largenesse , that x Councells cōsisting of Byshops assembled , out of no greater , have bene tearmed Generall : and woorthely ( as y Bellarmin confesseth ) in comparison of Provinciall Councells commonly so called , wherin there were not Byshops of a whole Nation or Realme . Thus Sixtus by striving to lessen & diminish the credit of the canō of the coūcel of Tribur , hath givē vs occasiō to make the more of it : cōsidering on the one side the modestie of the Byshops who were assembled there , and made decrees for their province ; on the other the Province which that decree was made for , so large that all the Provinces of Italie cannot match it , though they were lincked in one . Had it not bene better for him , with out this Retorique to say directly and flattly as z Ioverius doth , that the Councell of Tribur made the like decre to the Councell of wormes , which now the Church ( hee meaneth the Popish Church ) receyveth not ? whether any Papist wil take excptiō agaynst the Councell of Mascon , a which allowed likewise a certain man , whose wife had bene defloured by his brother beefore hee wedded her to put her away and marry another it may bee wee shall know hereafter . But vnto a Councell that made another such decree , as b Gratian sheweth alleaging it without name , Bellarmin taketh two exceptions : one , that it is lost ; the other of the Cypresse tree . Touching the former , not as much as the name thereof ( sayth hee ) is extant : therefore it might be easily contemned & sett at nought . Why ? Is it therefore worse then all that have names , because it is namelesse ? Then have c manye Cardinals with other learned reverent men bene much to blame , for writing so of Rome as if it had a number of wicked lewd prophane in-habitants . For by there report the Romans having everye one a name or two , should bee worse for the most parte , then were the Atlantes , a people of Africke , whom d Diodorus Siculus commendeth verie heighly for Godlynes and Humanity , yet non of thē had anie name , e Herodotus saith . Or if this bee a fable , as f Plinie seemeth rather to thinke , and well it may be ; yet is it most certayne that ● Plutarch recordeth as grave and wise sayings of Lacedemonyans without names , as of any whose names are known . And Bellarmin ( I trust ) will graunt that in the scriptures there is no lesse account to be made of the booke of Ioshua , then of Nehemias , of Iob , thē of the Proverbs : though their names who wrote the one bee not sett downe , as theirs who wrote the other . But hee will say perhaps that of this Councell not onely the name is vnknowen , but also the worke it selfe lost . And what if it be ? were not h those of Varroes workes , which wee have not , as learned as the worke 5 of Floccus which wee have ? Of Tullie , of Polybius , of Livie , Dio , Tacitus , of infinite writers more , are there not as good bookes lost , as there are extant . i The same hath fallen out in Eclesiasticall authors specially in Councels : whereof a great many are not to be found : as they who by occasion of Canons cited thence in the Decrees and Decretals , have dilligently searched through the chiefest liberaaies of Europe , doe note . And a certaine famous and aunciēt Councel of Ments beeing commended and praised above the other , by k Tretenius and Surius , who wisheth hee might have gotten it to be publyshed , sheweth that some extant , are not to bee compared with some that are lost , wherefore Bellarmins former exception to the Councell that it is not extant , no nor the name of it , was not worth the nameing . The latter that the Councels Canon was meant of Marriage after the former wives death : is lyke to prove as false as the profe thereof is frivolous and fond . For m these are the words of the Canon : A certaine woman laye with her husbands brother : it is decreed the adulterers shall never bee Married : but lawfull Marriage shal be graunted vnto him , whose wife the vilenie was wrought with . Which words are well expounded ( saith Bellarmin ) by the Doctors , and their meaning gathered n out of the like Canon following a litle after : wherein it is ordeined , that When the adulterous wife is deceassed , her man may marrie whom hee will ; but her selfe the adulteresse may not marrie at all , no not her husband being dead . Gratian in deed , and the Glosse-writers on him ( the Doctores meant by Bellarmin ) doth them wrong in saying they expound it rightly . For this Canō following , out of which they gather that to bee the meaning , being a Canon of I know not what Gregory , at least Fathered on him , doth noe more prove it then o the above alleaged Canon of Gregory the third permitting marriage to the innocent partye while the other lived , doth inferre the cōtrarie . And the Councells words mentioning expressely the Innocēt parties freedom and liberty to marry , which had bene superfluous if they meant of marriage after the others death : make it most probable that the Councell vttered them with the same meaning , wherewith others vttered the like , as hath bene shewed . Herevnto the iudgement of p Sixtus Senensis doth add no small weight , sith he albeit striving to weaken the strength and cutt the sinewes of it , acknowledgeth notwithstanding that it was of one minde with the councell of Tribur . So was Pope Alexander the third too some tyme , though Bellarmin alleage q him as of another mynde . But let Bellarmin say whether hee had two myndes and erred in on of them : seing it is certaine hee was of this minde once , vnlesse hee wrote against his minde . For where as a man that had wedded a wife , did , before hee entred the marriage-bed with her , enter her mothers bed : Pope Alexander sayde , that hee doing some pennance might bee dispensed with to marrie another wife . Here the Popes favour towards the offender ; doth favour of that which s hath bene missliked in Papall dispensations . But he that graunted thus much to the incestuous husband , would ( I trust ) have graunted it to the guiltlesse wife : as t hee did also to her that had this iniurie . The onely evasion whereto a Bellarminian might by his Maisters example have recourse , is that the Canonists expoūd the Popes words not of a wife but of a spouse , & her espoused also by wordes of the tyme to come , not of the tyme present . Which exposition may seeme the more probable , because the Popes wordes sett downe in the Decretalls geve her the name of spouse without signification that the man had wedded her . But hereof Frier Raymund who compiled & clipped the Decretalls must beare the blame , as v Antonius Contius a learned Lawier of their owne hath well observed . For the Popes Epistle which is extant whole in the x Tomes of Councels , declareth that the woman was the mans wedded wife , though he did forbeare her companie a while . No remedīe there-fore but it must be graunted , that in this matter Pope Alexander the third subscribed to the former Councels . Now by all the rest whom I aleaged there is none excepted against by anye Papist , for ought that I know , or as I thinke will bee . For y Lactantius first avoucheth , so the lawfulnes of putting away ● mās wife for adulterie even with intent to marry another that both z Covaruvias and a Dominicus Soto graunt him to be cleare from it . Next b touching the authours mentioned by Gratian as holding the same for one kinde of adulterie : who doubted but there were certaine so persuaded , when such an adversarie confesseth it . Then for Pope Celestin the thirde , sith c a Pope saith hee thought that a man or wife might lawfully forsake their parteners in wedlocke for haerisie , and marry others : I see not how the Papist may denye hee thought it lawful for adulterie , more then I shewed they might of Gregory the third . And albeit d Zacharie byshop of Chrysopolis , may seeme to shew rather what other mens opinion was , then what his owne , yet it is apparant by his manner of handeling that hee ioyned with e Ambrose therein , whose words hee citeth , and fenseth them against authorities , that might bee opposed . As for the Byshop of Burgos , Paul commended heighly by f learned men for learning , g hee sayth that it is manifest by Christs doctrine , that whosoever putteth away his wife for whoredom , commiteth not adulterye though hee marry another . h Naclantus , who was present at the Councel of Trent , a Byshop of principall name and price among them , affirmeth as directly , that a wife being losed from her husband by death or by divorcement , is not an adulteresse if shee marrie another . To conclude Bellarmin confesseth that Erasmus , Caietan , Catharinus , Luther , Melancton , Bucer Calvin , Brentius , Kemnitius , Peter Martyr , and in aworde all Lutherans and Calvinists , ( as it pleaseth this Roman Tertullus to name vs poore i Nazarens ) agree that our Saviour doth allow marriage after divorcement for adulterie , Howbeit fearing much what a deadly wounde hee might geve his cause by graunting that Erasmus , Caietan , Catharinus three so learned men , and two of thē such pillars of the Romish Church a Cardinall & an Arch byshop agree in this poynt with Lutherans & Caluinicts : he addeth that those three differ much frō these hertiques ( meāing By heretiques the Nazarens I spake of , 7 whose ring-leader was Paul ) in as much as they submitt thēselves expressely to the churches iudgement . And because the church ( saith he ) hath now opened her minde most evidently , as appeareth by the Coūcel of Trēt the 24. sessiō the 7 Canō , where all who thinke the band of marriage maye be loosed for any cause are acursed : therefore it seemeth that those three also , & chiefly the two later , must be thought no otherwise minded in this matter , thē 8 all the rest of the Catho-Divines are & have bene with great agreemēt & cōsent . which dispute of Bellar. if it have sufficiēt groūd & strength of reasō Erasmus must be coūted a catholique in al things For 9 in al his writings he submitteth himself to the churches iudgemēt . Thē why doth k Bell. cal him a demie Christiā , l & enrol his nāe amōg sectaries & hertiques ? what are the Fathers of the Coūcel of Trēt Demie-christiās , sectaries , heretiques ; thy are ( by Bellar. logique ) of one minde with Erasmus . Moreover S. Austin the ciefeft mā of Bellar. side in this questiō must be coūted ours by the same logique . For m he taught expressely that himself ; yea any byshop evē S , Cipriā , yea provincial Coūc. too , should yeeld to the authority of a general Coū . And the 6 general Coū . graūted liberty of mariage after divorcmēt , as hath bene declared : wherfore if Caietā must be thought no otherwise mynded then Papists are , because that church whose iudgmēt he did submitt himself to , defined so at Trēt 2 a good while after his death : S. Astin must be thought no otherwise minded thē we are , because our assertiō was cōfirmed likewise by a General Coūcell , whereto hee would have yeelded . Chiefly sith of liklyhood hee would have more easily yeelded therūto , thē Caietan to his churches because n Caietā sheweth hee was stiffe in holding fast his owne opiniō , 3 whē for feare of Church-mē he durst not say all that he thought ; & in this very point , though o submitt̄ig hīself to the See of Rome as wel as to the church , p he eludeth decrees of q popes that make against him , r so resolute he was in it . Sr. Austin cōtrariwise vsed very modestly & willingly to retract things that he had writtē , evē whē s he lighted on ought in an heretike that seemed better & truer , & this point he thought t so darke in the Scripturs , & hard to be discerned , that his opiniō was not hard to be removed ; if he had seē strōger reason broght against it , or greater authority . Now if S. Anstin come over to our side by that quirck of Bellar. ● a band of Bellar. wittnesses is like to come with him : namly the coūcel of Melevis & Affrique , u which he was presēt at , & swaied much with : perhaps Primasius also ( x were he Austins scholar ) & Bede with a nūber of Canōists , and schoolemē , who folowed most S. Austin . But Bellarmin will never resigne all these vnto vs , to gaine the other three frō vs. For ( y as our Bee-hive saith ) Men live not by losses . He must suffer therefore Erasmus , & Caietan , & Catharinus specially , who ( beside the z place that Bellar. hath quoted ) doth avouch the matter in a treatise written purposely thereof , more throughly & exactly then Erasmus or Caietan ; Bellarmin I say must suffer them to be counted of that minde which they were of , while thēselves lived ; not cavill as if they were of that which peradventure they would have bene 4 had they not died before the Councell of Trēt taught so . Vnlesse he thinke ( which he may by as good reasō that whereas they were deceased above x. yeares yer the C. Trent made that new canon , wee ought to count them alive all that while , because they did submitt them-selves to Physitiās and would have lived perhaps till then , had arte bene able to cure disseases . How much more agreablye to singelnes & truth doe a Sixtus , b Covarruvias , and c Domenicus Soto acknowledge ( the two former touching Catharinus the last for Erasmus , all concerning Caietan ) that in this question of marriage agayne after divorcement for adulterie , their doctrine is the same with those auncient Fathers whom our yonger teachers of the reformed Churches follow . And thus if I should ēter into the comparison of Divines on both sides : first , for the number it is more then likely , that wee prevayle much . For all whom Bellarmim and the Pamphletter after him doe muster out of the west , I meane whō they claime iustly , not who either say against them as d Tertullian , or not with them as e Scotus , all therefore whom they muster so out of the West , are f Ierom the Coūcels of g Milevis and h Afrique i Innocentius the first k Austin , l Primasius , m Isiodore , n Bede , the Councel of o Friouli and p Nantes , q Anselme , r Pope Alexander the third s Innocentius the third , t Thomas , Bonaventure . Durand ; and other Schole-men , u Pope Eugenius with his Florentines & x the Councel of Trent . which though y Gratian , Lombard and whomsoever he might bill , were added to them yet ours out of the west alone pehaps would match them . What if the North , the South , whence Bellarmin hath none ? what if the East , whence hee hath two or three at the most for hunderds of ours bee ioyned therevnto ? Then for Qualitie a Came the worde of God out from you ? saith Paule to the Corinthians ; or Came it to you onely ? Meaning that they ought to reverence the iudgemēt of other Christian Churches being more then they were : but of those chiefly and first ( as hee placeth them ) from whō the Gospell came first . Now b the Gospell came first out of the East : whose cōsent wee have in a manner generally . and as wee have the first in Countrie , so in tyme the auncientest & eldest : our two firste Councels in 5 Spayne , and in Fraunce elder an hundred yeares then their two in Africque , our next farre elder yet then their next ; and so vnto the last : yea , for several Fathers , aunciēt on both sides , ther are more with vs in the foure or five or sixe for-formost ages then there are with them . Of soundnes in docttrine , of learning , of vertue , of constancie , of consent , it is hard to speake by way of comparison whether excelleth other . Saving that for c gentelnes and meekenes . a speciall ornamēt of Byshops , weigh both partes together , and ours surpasse our adversaries . Amongst whom the Councell of Trent accurseth 6 all such as say that that they doe erre in this poynt , into which outrage none of ours hath broken against the contrarie minded . As for other graces of the holy Ghost , though Bellarmin have noted sundrie spotts and blemishes wherby some of ours are touched in credit , and their authority is impeached : let him cast his eies vpon his owne witnesse's without partiallitie , and hee shall finde that wee have a Rowland for his Oliver . For where hee telleth vs that Ambrose did erre in yeelding greater freedō to men then to women ; Luther and Bucer in graunting second marriage after divorcement for moe causes then whoredome ; Pope d Gregory the same for sicknes : e Cellestin the same for heresie : wee tell him againe that f Clemens Alexandrinus● Athenagoras , Origen ( if hee bee out of theirs ) Ierom and g Bede , did likewise erre in speaking against all second marriages , and h Clemens with i Origen insundrie weightie poynts of fayth . Where k hee telleth vs that Lactantius fell into a number of errours , as being more skilfull in Tullie then in the scriptures , wee tell him againe that some of the Scholemen were , though not more skilfull in Tullie , then in the scriptures , yet as vnskilfull in the scriptures , l as in Tullie ; and there graund-maister m the Maister of the sentences is charged by themselves with above a score of errours . Where hee telleth vs that Luther varieth from himselfe Melancton agreeth not with him , nor Kemnitius with either of them , because Luther alowed divorcement for moe causes afterward then at the first , and Melancton thinketh that both the divorced parties are free to marrie , Kēnitius that the Inoc̄et onely ; wee tell him againe that neither doth Pope Innocentius the third agree with Pope Alexander , nor Alexander with himself nor neither of them with Athenagoras , seing Athenagoras cōdemneth second marriage which the n Popes allowe , though● Alexander punished one who blessed it ; o Innocentius checketh a decree of Alexander that deprived the Innocent partie of his right , because the offendour had sinned thus , or thus : & Alexander , whether in this decree I knowe not ( for it is razed out of the p Decretals ) but in other extant overthwarteth himself , as his words aleaged on both parties , for Bellarmin & for vs , doe testefie . So Bellarmins obiections of humaine infirmities and wants notwithstanding , they which are of our side excel in estimation those which are of his , for diverse circumstaunces and respects . And ( the most important respect of all others ) the ground wherevpon q ours doe buyld their doctrine , is the plaine evidence & expresse testimony of our Saviour r Christ , excepting whoredō namely out of the causes for which he denieth a man may put away his wife & marrie another . Contrariewise the ground that our adversaries buyld on is their owne cōceit , not able to stand without violent wresting , suppressing , or corrupting of Christs exception the proofe whereof is seene in three the most peremtorie men for this matter , and best accounted of among them , Innocentius the first , the third , & Thomas of Aquin. s Thomas in that he answereth that Christs exception pertaineth to the putting away of the wife , & not to the marring of another , also Innocentius the first , in that he omitteth the exception quite , t & citeth Christs words thus : whoso putteth away his wife for whoredom , & marrith another doth commit adulterie v Innocentius the third , in that he depraveth & altereth the exception , affirming that Christ saith 7 whosoever putteth away his wife for whordom , & marrieth another , doth commit adulterie : whosoever putieth awaye his wife for whoredom . A notable corruption by scraping out of the sentence 8 the exceptive particle having the force of a negative , to change for this point into an affirmative : & so easily to be corrupted by the text of the Scripture it self , that I doubted whether it were not the Printers or bookewriters errour , vntyll I perceived that all the printed copies , which I could gett the sight of , did agree therein ; even the newe one too of Gregorye the thirtenth conferred with all the written copies in the Popes liberarie , beside many other , & corrected by them . But of such buyldings such must be the groundworkes , or equall vnto such in force ; An vntruth will never cleave vnto the truth by other kinde of morter . in probabillity therefore it is to bee presumed that not onely the greater parte of the fathers but the better also , and they whose groundes are surer doe maintayne our doctrine . So the weapon which Bellarmin draweth out of their sheath against vs , doth bend backe and turne the poynt against himself : and the wound it may geve , it can not pearce so deepe as x that which is sharper then a●y two edged sworde , but the wound it may geve , it geveth to his owne cause , Howbeit if any shall conceive otherwise hereof for the number & quality of the witnesses , as some peradventure will & may by reason of broken coniectures , which the variety of circumstances yeel deth , yet no man will ( I trust ) sure no man of modestye and sense can denie , but the mayne and principall poynt I hadd to shewe , namely that the Fathers consent not ●ll in one for the Papists doctrine , is shewed to their shāe , whose face & cōsciēce served thē to avouch the cōtrary . Wherfore sith our adversaries doe graūt that the Fathers have not strēgth enough to prove a point in questiō vnlesse they all cōsent about it : Bellar. with his Pāphletter must cōsequētly graūt , that their cursing Trēt assertiō in this point cannot be proved by Fathers And so the secōd staffe which they have framed thēselves to leane vpō , is like to that brokē staff of reed , Egipt , whervpō ( saith the scripture ) if a man leane , it wil goe into his hand & pearce it . THE FOVRTH CHAPTER . The Conceits of Reason , vrged last aganst vs , are oversights proceeding from darknes not from light , and Reason it selfe , dispelling the Mist of Popish probabilities , geveth cleare Testimony with the truth of Christ. THe third and last obiection , wherevppon the I●suit and his schollar stand , is 1 conceit of reason : devided into five braunches as it were , or Riverets issuing frō one spring . The water whereof how vnlike it is to a the water of Siloah , & savoring of that puddle of which the Romā Deputie Gallo did draw when having vndertaken to doe b according to reason c he spake prophanely of Religion , & d suffered one to bee wrōgfully vexed for regarding it , as if to doe Iustice in that case were against reason , I leave it to bee iudged and considered by them who saye that e our reason is naturally darke , and f leadeth her wise men into sottish follies , neither can discerne the things which are of God till it bee lightened by his spirit . g For although the Papists have some glimse of light & see more then the h Heathēs , as i the Pharises did k whose wordes ( I am afraied ) they will vse likewise : are wee also blinde ? yet as l the Pharises were overseene fowlly in many of their argumēts grounded vpon reason , so the Papists may bee . And that they not onely may be overseene , but are in the reasons which their puddle-water hath yelded vnto Bellarmins cisternes in this poynt : the beāes of reasō lightēed frō above shall opē & descrie ; let such as love not darknes more then light bee iudges . For hee reasoneth first thus : The Marriage of the faithfull is a singe of Christs coniunction with the Church , as St. m Paule teacheth . But that Coniunction is indissoluble , and cannot bee loosed , The band of Marriage is threfore indissoluble too . As if a rebell should say . The ioyning of the Head with the Body in man resembleth the Coniūction of Christ with the Church as St ; n Paul teacheth . But Christ & the Church can never bee parted , there fore the head maye never bee cut from the bodye . A happye cōclusion for Traytors , if it were true . But if it bee faulse where then is Bellarmyns reason ? which will take the greater overthrow by this because looke o how Christ is the head of the Church , semblably the husband is the wives head . So that notwithstanding the similytude of Christs head-ship , the ioynt whereby a traytorous head is knit vnto his bodye may feele the axe of Iustice , as Bell. will graūt : the marriage band that coupleth a man to an adulterous wife may be loosed by ●he like reasō , notwithstāding marriage is a signe of Christs cōiunctiō with the Church . And if this suffice not to make him acknowledg the loosnes & fondnes of his sophistical syllogisme , let him observe farder that the seperatiō which thēselves allowe in case of adultery is condēned by it . For Christ dot cōtinue with his Church p alway , & cherisheth her q for ever with his spirit of cōfort , & he is so farre frō dispoyling her of her owne wealth , if shee had any , that of r his gifts & graces still he leaveth with her . Now the s papists teach that a man may lawfully withdraw himself frō ever dwelling with his wife , & frō yeelding husband-like love & duty to her , yea t may stil with-hould her owne dowry frō her , if shee be an adulteresse . Which doctrine how could Bell. cleanse frō stayn of errour , if some whore of Rome should touch it with this reasō . The marriage of the faithful is a signe of Christs cōiūction with the Church , as Pavl u teacheth ? but Christ doth stil assist relieve , & enrich the Church with his graces : therefore must the husbād dwel stil with his wife & finde her maintenāce & wealth . Would x he y say the C. of Trent accurseth al who make such Iesuitical syllogismes & sophymes against their sacred canō . Certainly the harelots reasō must be good vnlesse the Iesuits be naught . But he goeth onward , & addeth that albeit some partes of the Church , to weete , some faithful folke doe comit spiritual whordō now & then , & make a divorcemēt yet it is not lawfull for them to chāge their God. What a spech is this ? As who say , our Saviour could deserve at our hands that we should forsake him , & g●t ourselves a newe bridgrō . Neither doth God cast thē so away ( saith Bell ) that he wil not be recōciled , nay he doth exhort to recōcilemēt 3 still ; Still ? To whom then z sware he , they should not enter into his rest ? what a were they whose carkeises fell in the wildernes ? whence came the man of God b who willed thē that cōmit idolatry to be slayne ? where lived the c Prophet who saies Thou distroyest all thē that goe a whoring frō thee : The Israelites whō God did shut out of the promised land , of whō he tooke many thousāds away by sūdry plagues , to whō d the lawe speaketh as being vnder the law , did they not professe that faith & vse those Sacram. which al that doe are faithful folk & partes of the church in e Bell. phrase & meaning ? I graūt that f God offereth to be recōciled somtymes to such offenders , & waiteth in mercie long for their amēdement . which if it be a pattern for vs to follow herein , I say , if it be , for God gave tyme of repētance to g Ioab a will-full murderer , whō the h magistrate should have put to death i presētly : God gave tyme of repentāce to k idolatrous wives of the Iewes , whom l their husbands ought not to have spared so : if therefore Gods actiō herin be set downe for our imitatiō , the mā that can conteyne , & be without a wife , as God without our service , maye likewise in mercie waite for her repentance , & when he perceyveth it to be vnfayned , take her againe to be his wife . But he who can not , or will not render such kindnes for such vnkindnes & wickednes , may in iustice also put her so away that no place or hope of reconcilemēt be left her , as Bell. owne reason in this similitude teacheth . For God is not bound to give vnto prophane dispisers of his grace & breakers of his covenāt place of repentāce & reconciliatiō : Nay he may in iustice absolutely denye it them , & oftentymes doth as the examples of m Cain , of n Esau , of o Corah , Dathan & Abiram , of p Zimri . of q Acan , of r Ananias & Saphira , of sinfinit other , that haue either presētly dyed in their s innes , or had sentence of death pronounced irrevocably against thē , doe argue . wherefore when Bell. cōcludeth this reasō with saying that S. t Austin vrgeth it greatly in his booke of the Good of marriage : he dealeth as Cookes do in larding leane-meate to give that a relish , which of it self would be vnsavoury . Though even for the lard too perhaps it agreeth not half so wel herewith , as this Italiā cook would have vs thinke it doth . For why did not S. Austin vrge the same likewise in his u bookes of adulterous marriages writtē x afterward & purposely maintaining this Point against Polēti●●s who gainsaied him in it ? was it because he saw that he had vrged it more thē it would beare wel ? or that he perceived it would not hould against an adversarie : though without an adversairye it were a pretie allusion ? At least whatsoever men d●eme of the lard , the meat is naught questi●les : & such that though the cook be contēt to eate the driest morsel of it , yet must he nedes graunt that it hath not tast , not as much as y the white of an egg hath . For z himself saith that marriage betokeneth & signifieth Christs coniūction with the faithful soule , as a Thomas & b the Pope teach . But Chricts coniunctiō with the faithful soule is not indissoluble , as him self also saith : the bād of marriage therfore ( by his owne cōsequēce ) may be dissolved & loosed . And thus farr of his first sophisme . The next is that if other marriage were lawful , 4 the of-spring should be iniuried : for the childrē borne already ( saith he ) should be evill provided for , who should begin to have a stepfather in steed of a father , a stepmother in steed of a mother . where hence the conclusiō secretly inferred , to weere that● other marriage therfore is not lawful , would very wel folow if his formost groūd & propositiō were true , that the childrē should be iniuried therby . For it is not lawful to deale iniuriously with any he c that doth wrong shal receive for it . But how proveth Bel. that they should be iniuri●d ? His reason ensueth . for they should be evill provided for . what ? therefore iniured ? Is God vniust then , who by taking men out of this present life , doth leave their wives widowes ; & their children fatherlesse ; both often destitute of help ? God forbid ( saith d the Apostle ) els how shall God iudg the world ? But the childrē shold be endamaged therby ; & that perhaps will Bell. say was his 〈◊〉 . well . They should be endamaged & evil provided for . Why ? Because they should have a stepfather in steed of a father or stepmother in steed of a mother . Then belike e the braūches cut of the Olivtree which was wild by nature & graffed cōtrary to nature in aright Olive-tree , are evill provided for & endamaged by it . For as when a gardiner asked why the hearbs which he set or sowed doe grow and shoot vp slowly , where weeds which the earth brought forth of her owne accord encreased apace , f Aesop said that it was because the earth is the weeds mother , & the herbs step-mother : so the wild Olive tree was the mother that brought forth those braūches : the right Olive tree whereinto they were graffed , is their step mother . S. Paul , g who thought it better for vs of the Gentiles to be graffed so , thē to continue as we were h the children of wrath by nature : declareth that i a Christiā whose wife being an infidel , an vnbeleelever , forsaketh him , is free to marrie another . Which ( cōsidering that he had an ey to k the holy seede , their ofspring also ) what letteth him to have done with this persuasion , that the children , should receive more good & benefit by a beleeuing step-mother , then by an vnbeleeving mother . Doubtlesse l his care of having them brought vp in godlynes , a thing that m godly mothers doe furder very much , & n vngodly hinder , is a great argumēt he was of this minde . And the sonne of Catiline , whom that o adulterous wretch p his father murdered to compasse the more easily the liking of a woman whom he lusted after , hath left sufficient proofes that some havīg fathers are no better looked to for things of this life neither , then they should of likelyhood , if in steed therof they had stepfathers . Wherfore sith experiēce verifieth the same in mē which 5 in woemen , that whē they have made shipwracke of their chastity , they will not sticke at any wickednes : the argumēt that childrē should be endmaged & evil provided for , because in steed of adulterous fathers or mothers , they should have stepfathers , stepmothers , chast , & honest , is 6 worse provided for by Bell. then he thought . But suppose it were good , & proved that the childrē should be endamaged how followeth the conclusion ? The childrē should be endamaged by āother marriage : therfore the marriage is not lawful ? for by this reason a beleeving husbād forsaken by his wife being an vnbelever , may not take āother if he had childrē by the former . Nay no wife or husbād having any childrē may lawfully ever marry againe eith r of thē after the others death . And in deede by a law that q Charondas made for his Thurian Cityzens , the men who did so were punished . And Marcus Antoninus , an Emperour of Rome , because he was loath to wedd a step-mother to his children his wife being dead , kept a concubine . And S. s Ierom speaking as the Catharists did , against second mariage , doth by detestatiō of a stepfather dissuad a widowe from it . But t the Papists hold agreeably to u scripture that the man is at liberty to marry in the Lord after the womās death , the womā after the mans : yea x in life tyme also , if either of them being an infidel & vnbeleever forsake the other being a Chistiā . And Bell. acknowledgeth that they hold both these poynts , & ought to hold them . Bellar. shall therfore doe well to acknowledg that his step-reason , which oppugneth both these poynts of sound doctrine , savoureth of heresie , neither maketh more for him against vs , then for the Catharists against the Catholique fathers . Wherewith he may confesse too that he hath abused Ambrose in affirming this to be his reasō : & avouching him to say , that the Father ought to pardō the Mothers fault for the childrens sake . For S. z Ambrose blaming the man , who 7 puteth away his wife without cryme , & marrieth another , an adulteresse by so marrying ; mislyketh that the children should have such a stepmother having such a mother vnder whom they might be . And if the mother , being put away so , tooke another husbād , who in this case were an adulterer : S. Ambrose wisheth the childrē to be vnder their father , not vnder such a step-father . And if the Father casting out his wife so , cast out his childrē with her : S. Ambrose saith the children should ratherpurchase pardō for 8 their mothers fault at their fathers hands , then bee cast out for her sake . Wherin he doth no more saye that the father ought to pardon the mothers adultery for the childrens sake ; then Abraham said that God ought to forgive the Sodomites abhominatiō for a Lots sake , when he said that b the wicked should rather be spared for the righteous , thē the c righteous should be destroied with the wicked . But here peradvēture the Pāphletter wil reply that although Bell. author & argument ( as himself observed , who there vpon cut Bell. shorter ) prove not his intent , to weete that another marriage is vnlawful : yet they prove such marriage to be inconvenient in respect of the children , to whom there riseth hurt and discomodity by it . For answer whervnto & to the like reasōs drawen by him & Bell. from other inconveniences , seven things are to be noted : al such as our adversaries themselves must needes yeeld to , & yeelding therevnto shall set on fire their owne chaffe . The first that the man whose wife is an adulteresse : may putt her absolutly away , for al his liftyme : nor is ever boūd to let her dwel with him againe , noe not though she repent . Which point being plainly implied in our d saviours answer to the Pharises , e Bel. avoucheth & maintaineth thēce : agreably to the doctrin of his chiefest guids the f Popes & g Thomas of Aquine . The second that if the woman continue in her wickednes , without repentance & amēdement , the man is by duty bound to put her away . S. Mathew reporteth , of the blessed virgin , that when she was found to be with child of the holy Ghost , before her husband Ioseph & she came together , h Isoseph being a iust man , & not willing to make her a publicke exaample , was minded to put her away secretly . Of which words importing that iustice moved him to put her away , goodwill to doe it secretly , it seemeth to follow , that such a woman as Ioseph misdeemed her to be , to weete an adulteresse , cānot be kept without sinne , whether she repent or no. And i Cornelius Iansenius a learned byshop of the Papists graunteth herevpon , that it was so in the old Testament . But in the new Testamēt , he saith , if she repēt she may be kept with out sinne : acknowledging that she may not in the new Test. neither vnlesse she repent . Whervnto the Canonists & Schoolemen doe accord ; expounding a sentence cited by many k Fathers out of the Proverbs of Salomon , l He that keepeth an adulteresse , is a foole and a wicked man ; a sentence found in the Greeke text of the Proverbs albeit not expressed out of the Hebrue Fountaine , but added by the Seventie Interpreters , or other , perhaps to shew that Salomon cōmending a wife , did meane a chast wife in their Iudgment , but added in the Greeke , & thence translated also into the common Latin edition called S. Ieroms , so that it goeth for Scripture with Papists by their m Trent Canon ; this sentence I say , & n the Canons of the Fathers that vrge it vndistinctly against whosoever kepeth an adulteresse , whether repentāt or vnrepentāt , in like sorte as the o Civill Law cōdēned all such , p the Canonists & q School-mē distinguish & expoūd of such as kepe adulteresses , which doe not repent & amend their lives . Now graunting that a man may keepe an adultereffe in matrimony if shee repent , or being divorced from her , may take her again : yet ( which is the third point ) hee may not doe it often least impunitie encrease inequitie . And this is agred on by the same pillars of the Church of Rome , the r Canō ists & s Schoole-mē . t Hermes out of whō the Maister of the sētences aleageth & avoucheth it , meant ( as his reason brought to prove it argueth ) that the man may take her so againe but once . Which doctrine the Papists can make Canonicall if they list , vnlesse u Stapleton lie , who saith their Catholique Church at this present may add to the Catalogue of Cāonicall Scriptures that bool● of Hermes , written in the Apostles tyme by S. Pauls schollar , not onely cited much but cōmended too by many & most aūcient Fathers , Clemens , Ireneus , Origen , Athanasius , , Eusebius , & Ierom. At least the chiefest part of the Canon Law x cōpiled by the directiō and ratified by the authority of Pope Gregory the ninth , setting downe the verie same out of a y Councel that Peter Lombard out of Hermes : the Papists though they will not ( I trow ) be of Stapletons minde for 1 Hermes booke , yet may think it likely that the Coūcel & Pope approved his meaning in this point . Chiefly sith z Panormitan , the flouer of the Canonists having noted on it that one offending often must not be pardoned , because sinnes vnpūished doe becom examples , citeth an excelent proofe & light therof a lawe of worthy Emperors , Valētinianus , Theodosius , & Arcadius . a who graūting a generall pardon for smaler trespasses extended it to none 2 cōmitted oftner thē once ; accoūting such vnworthy of their Princilie favour , as grew by their former forgivenesse to a custome of sinning rather then to amendement . But whether the Papists will iudge those Christian Emperours to have bene to strickt , & saie that adulterie deserveth pardon oftener thē lesser faults with thē , or whether they thinke it sufficient to pardon once so great a crime , which the Emperours excepted by name out of their pardon , & willed it to be punished even the first tyme : the Papists doe agre that a husbād must not forgive it to his wife oftē . The fourth thing to be noted is , that the womā being putt away so , doth lose her dowry too by law . Which pūishmēt as b God hath threatned by his law to men that goe a whoring frō him , though they have not any dowrie of their owne neither , but of his gift : so the c Civil Law hath īsticted it on adultrous wives , & d the Canō Law ī looser tymes also . The fifth , that many persons mistake the e help prepared of God , & marry or doe worse : cōsidering that some cannot conteine , as Pope f Goegory noteth touching men S. g Ambrose touching wemen , the h Scripture touching both ; some , though they could perhaps , yet should hurt their bodies by sicknesse , if they did , as i physique & k Phylosophie teach ; some though neither chastity nor health enforce thē to marry , yet need it for their state of living , as l Dominicus Soto doth prove by certain poore husbād-men & labourers . The sixth , that if a man die & have no sonne , his inheritāce ought to come to his daughter by the m Law of Moses and if he have no daughter , it ought to come to his bretherē ; and if he have no brethereē , to his Fathers bretherē , and so forth to the next kinsman of his familie . Vnto which ordināce : the lawes of al wel n ordred states & cōmon weaks are , though in certaine circūstaunces different , yet in substance sutable . The seavēth , that it is sundry wayes incōmodious for a child to be vnlawfully begottē , and ( as we tearme it ) base borne because both the o ignomenie thereof is a blemish , & p that blemish bredeth basenes of courage ; & q bastards are not brought vp so well by their parents as lawfull children vse to be : neither are they priviledged a like ; & preaferred to r place of publique government , or s Benefit of inheritance , by Lawes divine or humane . And these things being weighed well shew that Bellarmins reason corrected by the Pamphleter needeth a new correction : & if inconveniences might decide our question which they cannot doe for t manie things are lawfull that are not expedient but if they might decide it , they would swaie with vs rather then against vs. For in case the man , burning with iealousie & rage v which is vsuall in this kinde of iniurie or the woman beeing ( as x adulteresses commonlye are ) wicked , impudent , once naught & alwaies naught , hee will not , or maie not keepe or take her againe , the childrē missing her , are destitute of a mother to looke to their education . And then it were better for thē that their father tooke a second wife to bring thē vp , as y Plato thought . Wherein another man might have the like successe that Poris ( a gentlemā of Macedōia ) had , z whose former wives childrē were brought vp as wel and carefully by their stepmother as her owne children were . But if it fall not out with many as with him , and the childrenfind more sharp & hard vsage at their stepmothers hands , who knoweth whether it may not turne to their more good . Chiefly fith the tender indulgēce of Parēts doth a nourish wanton wickednesse , in the sonnes of Eli , b ambition in Adonia , c trāsgressions in whō not ? and d moderat severitye would restrayne the same ? as e one who sayde he had a cruel stepmother & a father , f another who foūd like fault with his father & mother , both for feare restraīng thēselves from tricks of ūthrifts did shew by their examples . Here is a farder help too for the childrens benefite , that their father having their mothers whole dowry , beside whatsoever the second wife bringeth is able to doe more for thē . Wheras contrarywise ; if by means he cānot live single & ūmarried , he be constrained to keepe the adulteresse still , or after seperation to receive her againe : she is likely to g geve her owne & her husbāds goods to her lover , as h Messallina did to Siluis ; or though she take gifts & rewards of him , to i wast all in riot , as the k whores of Cattilines cōfederacie did . Moreover a woman that can have no sonnes , but daughters onely by her husband , may have sonnes by another man , as l Hippocrates sheweth . Which if the adulteresse have by her lover , the daughters to whō the inheritance should come are defrauded of it , And if she have but daughters or yōger sōnes by him , the bastards ; presūed to be lawful childrē , defraude the lawful children of so much as them selves gett . The Cuckow hatcheth her eggs in other birds nests , & the eggs she findeth of theirs , she devowreth , as m Aristotle writeth : or , as n Plinie sayth , the birds that sitteh abroade vpō her owne eggs & the Cuckows , when both their yong are bred vp , liketh the Cuckows bird better then her owne , & suffereth them to be devoured of him in her owne sight . A tearme in reproch drawne in many languages frō the Cuckows name to note their 3 calamity , or ( if they suffer it wil lingly ) dishonesty , who receive other men into their bedds & foster vp their childrē , may be a sufficiēt lesō for a father what cōfort & benefit his childrē are to looke for by having such a mother to feede & oversee them . Beside to omitt suspiciō of bastardy , where by his children also may be discouraged & stained ) himselfe o shal be coūted a bawd vnto his wife , & must ( by a Canon of the p C. of Nantes ) doe seaven yeres publique penance , & be shut out al that while from the cōmunion , yea want the cōfort therof even at his death too , ( by another q Co. ) if he be of the Cleargie . And how can he choose but live still in feare & anguish of minde , least shee add r drūckēnesse to thirst , & murder to adultery : I meane least she serve him as s Clytemnestra did Agamemnon , as t Livia did Drusus as v Mrs. Arden did her husband ? or if to avoyd these griefes of shame & daūger he put her quite away & resolve never to come againe in house with her : he may incurre as great daūger or shāe , or both , nay greater , on the other side , by lack of a necessary help for his living , or by state of body subiect to certain sicknesses or by incōtinecie , whether cōsūing x & burning him without remedy , or forcing him y to dānable remedies of whors z or worse . Further more his wife , the adulterous mother , may be the boulder to sinne , & to returne a as the dog to his vomitt , & the sow washed to wallowing in the myer , if she know her husband canot want a wife , & must have her or none , which perhaps moved that Gētlewomā of Rome to be the more lic̄etious , b whom her husbād foūd plaing the incestuous whore with their sonne in law : 4 after that she had her husband boūd by oth that he would never seperate & divorce her frō him , so to be free to marry another , And why may not she live too in perpetual heavinesse & feare , least her husbād being chayned with such necessity , should seeke to get himself libery of marrying by making her away ? There was a certaine Spanjard , whose wife drivē out by him for her adultery & eftsoons recōciled , was , when she offended againe , divorced frō him by an Ecclesiasticall Iudge , at his suite , & shutt into a monastery . The husbād saying afterward that he loved her , & that he agreed for feare to the divorcemēt , desired that he might be recōciled to her , & she restored to him , according to the c Civill Law d Navarus ( as famous a man for skil in canō law , amōg the Papists , as Bell. for Divinity ) being asked his iudgmēt what should be doneheriu , made answer , e that the wife divorced in such sort , is not boūd to returne againe ūto her husbād , & that the husbands speech of his affectiō must not be easily beleeved , because he may faine it to the intēt to allure her therby to dwell with him , that he may slea or poysen her , 5 through desire of marrying another wife , after her death . Of which thing ( saith Navarus ) there may suspiciō & cōiecture rise out of the circūstances of her offence ; & his suite : cheifly in a man of the Spanish natiō , which is more inclined to beare smal love to their wives yea being chast , then to be reconciled to thē being adulteresses , specially after the first tyme. Now though Spanjards chiefly be prone to worke such feats of slaying or poysoning , as this man who knew thē ( himself a Spanjard ) witnesseth : yet an Italiā f Marques , who put to death his wife taken in adulttry & married another , declareth that 6 not only Spanjards wil adventure to make their wives away , if finding thē vnchast , they must have some and would have better . Finally if the wife , not able to have any childrē by her husband , have some by an adulterer g ( for this may come to passe also ) the brethren , or the next of kinne to the husband , shal loose his inheritance : & that which they ought to enioy by right the adulterous seede will intercept & putloine . I let passe the publike harmes & discōmoditis which by h such iniquities of private persons were likely to accrew to the comō weale . These that I have touched suffice to overweigh our adversaries reason drawen frō incōveniēces . For if I should stand on the childrē alone , evē those alreadie borne whom 7 Bell. expressely mētioneth & nameth : the hardnes of a stepfather or stepmother lighting on them by the second marriage , can̄ot cōuterpeise the losse in educatiō , wealth , inheritance , honour , which an adulterous parent bringeth . Beside that the children to be borne afteward ( as Bell. by naming those already borne seemeth to confesse ) should be evil provided for : whose basenes of birth & discōmodities following it Proceeded frō restraint of maring again after divorcemēt for adultery . Wherfore if we put withall in our ballāce the detrimēts & harmes , that grow to the father , the mother , the brethrē & kinsmē of the father I might say to the cōmon weale too : the balāce of out adversaries wil be tilted vp so high by the weight of ours , as if it were lighter then vanity it selfe . And thus by the way , of weaknes of Bell. third & fourth reasōs is descryed & daūted . The third that if the marriage wee treat of were lawful , a gapp would be opēed to infinit divorcemēts , yea urōgful & vniust . The fourth , that if the innocēt party may marry , the nocent also may , who thē should gaine by his sinne , & many would sinne of purpose that thy might marry others . For as one of the wisest , & best learned Popes i Pius the 2 said , that marriage was taken away frō Priests for great cause , but ought to be restored to them for greater : so may a iudicious & discrete Papist supposing these reasos of Bell. to be soūd , say that marriage after devorcemēt for adulterie was taken away from men vppon many & good cōsideratiōs : but ought to be restored vnto them again vpon more & better . Howbeit I must add thervnto that although his reasons be cōfuted sufficiētly with this supposali , lett them be tried also by the rules of reason , & it wil appeare they are a great deale soūder in shew then in deede . For k the divorcemēt of an adulteresse from her husbād is pūishmēt of her sinn : as hāging with vs is a pūishmēt of theeves , of cutpurses , & burning through the eare of rogues . So that Bell. reasō cōcluding the marriage in question to be vnlawful , because a gap would be opened to infinite divorcemēts , is like as if a libertine or vagabond should say , that it is vnlawful for Iudges to do iustice on rogues , theeves , & cutputses , because there would be opened a gap to infinite hangings , & burnings through the eares . But some men ( sayth Bell. ) would sowe debates , pick quarels , devise faulse accusatiōs against their wives being innocent : & so a gap would be opened to wrōgfull divorcemēts , not to divorcemēts onely . What ? must no offen no traytour , no blasphemer then be put to death because many thousands of l innocent persons , yea m innocēcie it self , have bene accused falsely , & putt to death wrōgfullie ? Or if Bell. graunt , that although some n sitting to iudge according to the law , doe manifest wrong to guiltlesse men against law , yet must wicked miscreants be exeqūted by the Magistrate o who beareth not the sworde in vaine : he graunteth it is cavilling captiousnes & sophistrie to conclude that mē divorced lawfulie may not marry because some would therefore be divorced vnlawfully . The greater was his fault to say that this reason is touched by , S. p Ierom : whose oversight he should have done better to acknowledg & friendly to excuse it by his haste in writing ; for haste is unadvised & blinde ( as q one said well ) thē by his name to countenance so weake a reason in it self , so daungerous in cōsequence , which overtroveth all administring of Iuctice & iudgmēt . And sith r himself teacheth against S. s Ieroms iudgmēt that a man whose wife entiseth him to heresie , or to wicked deedes , may be divorced from her because although the womans chastitie should come thereby into hazard , yet lesse is the perill & hurt of her adulterie then of his wickednes or heresie , & the churche provideth rather for the innocent partie , then for the nocent : hee might with a litle indifferēcie & equitie of an vnpartial eye , have seene that the Church should by the same reason allowe the innocent to marrie : at least that S. Ieroms creditt cannot preiudice vs more in the one point thē him in the other . True is that ( I cannot denie ) which hee addeth true , most true & certaine , that the 8 offendours should gaine by their sinne , if they might also marrie , as well as the innocent . They should gaine in deede . But as t Daniel said vnto Nabuchodonosor ; the dreame be to thē that hate thee & the interpretatiō therof to thine enemies : In like sort may I say , this gaine be to the enemies of God & of his Church . For adulterers & adulteresses doe gaine . first , dishonesty , u defiling their bodies & soules with an heynous & detestable crime . Then x hardely scape they , but they gaine beggary too : the man if he be a whormōger , wasting all cōmonly as the y prodigal child did ; the womā losing her dowry . Beside z they gaine infamy ; a gaine of greater value thē beggary by much : for a a good name is to be chosen above great riches . Last of al they b gaine the heavie wrath of God , & his iust vēgeāce : they lose the inherttāce of the kingdō of Heaven , & purchase to to thēselves the chaines of darknes for ever Lueretia a matrone of Rome in tyme of pagāisme , having suffered violence of Sextus Tarquinius , when her husband being sent for to come vnto her 9 did aske her Is all well ? No quoth she ; for what is well with a woman , her chastity being lost ? yet she if better iudgemēt might have prevailed with her , had not lost her chastity : her body being onely defiled by force , her mind vndefiled . But now a Christian man , if yet a Christian ; sure a Iesuit , the chiefest instructer of the youth of Rome & of the Komanists through al Christendō , doth mainteyn in print that Lucretia , not she I spake of but such l a Lucretia as the 2 Popes daughter was having lost not onely chastety but also wealth , good name , Gods favour , c the promise both of this life & the life to come , yet if being put away from her husbād she may take another , hath gained by her losses , because she may be married to her Tarquinius , & match a gracelesse whore with a shamlesse beast . As for the last of Bell. poynts of inconvēce that many would cōmitt adultery of purpose to the intent of being set free from their former wives , they might marry others : it may be some would . And I have read d of a womā that had a desire to be beaten of her husbād : which she foūd means also ( as she was witty ) to obtein , in so much that she put it oft in practise , till having cruelly beatē her at length he killed her . The man who of purpose to get a newe wife would cōmitt adultery , should desire e more strips then that woman meant & f die a death infinitly more greivous then shee did . But if some as wise almost as shee was should long after scourges : must they who deserve by law to be whipped be denyed it , because a foole desyred it without desert ? The Romans had an aūcient g law that whosoever did a man iniurie , should by way of punishmēt pay him 3 about a shilling . There h was a lewd losell , a youthly , harebraynd Ruffian , who having wealth at will & taking a delight in geving honest mē boxes on the eares , would walke vp & down with a pursefull of shillings , which his slave attending on him did carrie & geving one a boxe would bidd his slave geve him a shelling , another a boxe & ashilling . What was in this case to bee done for remedie ? If Bellarmin had lived there & bene of Counfail to the state , wee see the advise hee would have geven : namely that the amerciement should be taken away because some would doe men iniurie of purpose to fulfill their lusts with paying of a shilling or two . But the Roman governours tooke contrarie order , to encrease the amerciement , according to the discretion & arbit remēt of Iudges : that evill disposed persons might be deterred frō trespassing by sharpnes of the punishment to be inflicted on them for it , Whose wisdome therein it is to be wished that Princes and rulers remembring themselves to be ordained as David betimes to destroy all the wicked of the Land , would follow by increasing the punishment of adultery : And then should Bell. mouth be the sooner stopped for his fourth reason . Which yet in the mean while doth no better prove that faithful husbands seperated from adulterous wives may not marry againe , thē vserers & extortiōers procuring wealth by wicked & vngodly means doe prove that honest-men may not enioy the goods which by lawful trades & vertuous industrie they gett . The fifth & last is , that even among the Heathē too , where good orders flourished , no divorces were made . For no bill of divorcement was written as Rome , for the space almost of six himdred yeares after the City was buylt : but afterward , good orders beeing overthrowen , divorces also were brought in with other vices . And this reason Bellar. doth lard after his maner with k Tertulliās name , to season it there , by & give it some verdure . But it is such caraine that the lard is lost , & all the cookery cast away . l For the first divorce which was made at Rome , was of a chast wife put away by her husband because she was barrein , & did not beare him children . Now to seperate husbands & wives for such causes ( we graunt ) it is vnlawful : m our Saviour allowing it for whoredō onely . The example therefore of the well ordred Romans is in vaine alleaged out of Tertulian against vs. But neither was there any divorce for adultery made above five hundred yeares among them , will Bell. perhaps say . I graunt . And I will help with a stronger argument : that among the Cians ( a state well ordered too ) seaven hundred years did passe before any divorcemet was made for adultery . For ( as n Plutarch writeth ) there was no adulterye cōmitted by the space of so many hundred yeares among them . But among the Romās ( will Bell , perhaps reply ) it is likely that some was cōmitted within five hūdred yeares . True. But o the husband then might put his wife to death ( being convicted first of adultery ) 4 without al publique iudgement . So that if Bell words have any force , this is their effect , Among the Heathen Romanes while good orders flourished , the woman that cōmitted adultery suffered death : afterward good orders being overthrowen , she was divorcend onely . But whether she were put away by death or by divorcement , the man might marry again . Wherefore the example of the Heathen Romans , both well and evill ordered , fighteth against the Popish Romans , and their Champion . Hereto the example of q all other Heathens , whose orders were but so good that they allowed second marriage , may be adioyned , Which I doe not affirme so much on myne owne knowledg ( though for ought I have read & remember it is true ) as on Bellarmins secret confession and silence a man of greater reading , and having vsed manie mens paines in search of these thinges . Beside , when Christian faith came among the Heathens the r Emperours did punish adulterie first by death : afterward Iustinian mitigating that law did punish it by divorcement . But in s both these cases the man being severed from his adulterous wife was free to marrie againe . Bellarmins speech therefore towching well ordered Heathens came in evill seasō , to raise both them & others yea Christians too , against him . So his last reason , nay his reasons all are growne to be in worse plight , then were the seaven later kyne in Pharaos dreame , the seaven poore , evil favoured & leane fleshed kyne , t that devoured the seaven former fatt well favoured , & there by saved their life . For the thinne carkeises dreamed of by Bellarmin have not strength enough to overmaister & eate vp the sound bodies of reasons standing ther against , but gasping after them in vaine they die with famin . And thus having proved that neither light of reason , nor consent of Fathers , nor authority of scripture dispro●eth our assertion . I conclude that point demonstrated at first by the worde of truth , the doctrine of Chrict , That a man having putt away his wife for her adulterye may lawfullie marrie another . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Notes, typically marginal, from the original text Notes for div A10322-e630 a Genes , ● . 24 , Math , 19. 5. b Deut , 24. 1. Math , 5. 31. c Math , 10. 9. d Mar 10. 11. Luk. 6. 18. e Math. 19. 3. f Rom. 7 ▪ vers 2 g vers , 3. h 1 , Cor , ● . vers . 27. i vers . ●8 . k Bessa●min Tom , 2 contr 4 libr. de matrimonij sacr . cap. 5 16. et 7 The Pamphlet ter in his refutation of the discourse touching the law fulnesse of marriadge after divorceior whoredome . 1 Nisi ob for nicationem . 2 Extra cousā fornicationis . l De adulte● in conjug : lib ●cap . 9. m Retractat . lib. 2. cap. 57. n De adulter . con●ug lib. 1. cap. 11. 3 Ni●i ob Fornicationem 4 Piaeter causam Fornicationis 5 P●●●ctós Lògou porneias . 6 ei●my epi porneia 7 Excepta causa fornicationis 8 Parectòs . o Act 26. 29. Parectoè ton desmou so patex in the Septuagint Sam. 21 9. 1 Reg. 3. 18. p 1. Cor. 15. 27 Ektos tou hypo taxanto● . 9 Parectòs ● & ei mi ● . ei mi ▪ Apo● 9. 4. 〈◊〉 , 27. q Esay . 7. 14. 2. Gnalma . r Prov. to . 19. s Esay , 5. 20 t Exod. 22. 20 u Mar. 10. 18. x Act. 26. ●● . y Phil. 4. 10. z L. Qui racet D. de regulis juris . a 1. Cor. 2. 11. b Luk. 13. 3. c Lovit . 2● . 37 d Ezek. 18 , 13. e Ephes. ● . 28 f 2. Thess. 3 12 g Hierar . lib. 3 Cap. 3. h Quaest 76. in Math. 19. i Alphons a Castro advers hae● lib 1 ● . tit Nuptiae . k In Matt , 19 l Prov 30. ● . m 2 Cor , 6. ●● n Esay 52 , 1● 〈◊〉 Epi porneia . Dia t is porneia , 4 ●1 . Cor , 7 , 2 o 1 , Cor. 7. 10. p Tho , Aquin in 1 Cor 7. ●ect . 2. q Mat 26. 12. r Rom. 13. 4 s Ses● 24. cā . 8 t Gh 4. dist 35. quaest an ●ct . u adult . x In Mat. 19. x King ● 18 5 Poiei autin moichastai & molcha●ai . 6 Apolue in Lelusai . 1 cor . ●27 , z Extra tit . de divortij● a Sess● 4 , can . 28 , b Lib. contra Adimant , cap 3. c in Matt , 19. d Iame● , 4. 17 Ama●tia auto estiu . e Ioh 9 , 41. Eicheteamarti●n . f Luk. 12 , 47 g Tho Aquin Hugo Card et Guilliand . in Iacob . 4 h De adult . conjug . lib. 1. cap. 9. 1 Moechat●o est illi 2 Moicheia au to esti● 3 Moichatai . i Prov 30 , 9. Notes for div A10322-e4060 a De doct● , Christ lib. 2● . cap. 9. b Cicero lib. 2. de o●at . c Matt 15. 14. d Matt 19 , vers● e vers 4. et 8. f Matt 5 , 32 g Extra de bigamis cap. Super eo . h c de big amis . i c , Quia circa k Extra . c. me minimus . Quiclerici velvoventes . l Corn. Tacitus Annal. lib 4 Di● . lib. 7. m Lege Pompeia de Parricidis n Levit 20. 10 o Deut 28 15. p Revel , 21. 8 q 1 , Tim , 4 , 8 r Nam F●rmearia libera est er nubere potest : innocens autem in iustè dimissa , nec Priorem virum habere potest , nec al● nubere . r 1. Cor 7. ver 11. s vers , ● t Terenc . Andr. u Ier 17. 1. x psal 73. 5. 2 Dilemma Cornutus Syl logismus . y Mark 10. 1● z Luk 16. 1● a Mat 19 , 9. b L ●mmis definitio D. de regul . jur●s c Eod ▪ tit in Sex● c Generi per Speciem derogatur E Dig : l●in toto jure . d Iob 20 , 7 e Psal 9 , 17 f Prov 16 , 5 g Luk. 13 , 3 h Esay , 16 , et 55. 7 Luk , 3 , 8. Act 2 , 8. i Ionas 3 , 4 k Aben Ezra on ●er 18 , 7 Nic Lyranus . 10. Ferus . Trein ● et Iun. in ●onam . l lib 3 cap ● m lib 2. hist. cap. 15 n lib de viris illustrib us in Marco . o Luk. 1. 1. p Commen in Luc cap 1. q lib 3. hist. cap 24. r l●b de viris illustribus in Luca. s Origen in Iob lib 5. Athanas in synops . sacr . script August de civitat . Dei lib 18. cap. 4● . Theodore● in Ier Q●ae ● 92 Chrysost poly chron t Iona● 4. 5. u 2. King 14. 25 x psal 9 8. 30 5 et ●o . Prov ●o et . 25. ● et . 3 ● y 2 Chron 16 ● 1 King. 4. ●1 . z Synops. Sacr Script , a Argum in Psalm . David● b comment . in psalm . praesat . c In the bookes of Ghronicles . d L. Regula est . D. de reg . ●uris , e De adulterin conjug . li. 1. cap. 9. f Col 3. 20 g 2 King 2. 12 h 2 Kin. 6. 21. et 13 , 1● . i Bell. tom● cont 3 , lib , 2. cap , 31. k Papa pater patrum . ●0 : Andr in Clementinar , procem . l Allen in his Apologie of the English seminaries chap , 6 , m Heb 13. 17 Allen Apologie chap 4. n Ephes , 6. ● o H●m . ● in epist ad colloss . p Argument , epist , q Argum. 2 e Theodore●● . r Monast. in stitut lib. 4. cap. 27. ● F●r so the Syriaque word Abba ( whence Abbat cometh ) doth signifie Rom 8. ●5 . s cassian li 4 cap 2● . t Genes●● . 10 v Genes . 22. 2 x 2. King ● . 1 y gen 45. 8. Iob. 29. 16. ● , Tim 5. 1. Act. 7. 2 et . 22. 1. z 2 chron . 15. ●6 . a 1. Sam. 22. 17. b Act. 4. 5. et . ● 29. * HENRIE the third 1589. August 2. c ●zek . 6. 44. d Rom. 7. 1. e 1. cor . 7. 39 f 1 Cor 9. 7 g Dionys , Halycarn ant Roman li. 9. h Herod li. 8 i 1. Cor 9 , 7 4. Aneaeus or Agape●or , Isac Tzerz in Lycopht . k Cic. de senectu●e . l Levit 19. 23. m Deut 28. 30 n 1. Cor. 9. 7 o Varr lib. 2. c. 2 de re Rust Columell . l. 7. c. 4. p Deut 3● . 14 Hom odyss . li 9. Arist. de hist a●alium lib. 3. Cato de re rust . cap 13. virgil . Elag . 3. q Ephes 5 , 29 r Plutarc Cato s 2 Machab. 14. 46. t 1 , Sam 31 , 4 2. Sam ▪ 7. 23. Mat 27. 5. u 2. Tim ● . 4. x Plutare . Crassus . y Poly. lib ● . z 2 Tim ca. 2. ● a 1 Cor 7 , 15 5 Lu ded●culo tas Eleutera estin . b innocent . ta . ● , c. quant● extra de divortijs , 6 vers . 39. c Birstow , Motive . 31. d Ezra 4. ● . e Ezr● . ● . 9. f Rom 7. ● . g 1 , 〈◊〉 . 7. ●9 . h 1 cor , 9 , 7. i Ephes. 5. 29. k 2. Tim. 2. 4. l Mark. 2. 22. Luk. 4. 24. Iohn . 2. 10. Gal. 3. 15. m 1. cor . 7. 15. n cap. verum . Extra . de con●vers . conjug c. commissum . despō●a●● bus . Cōcil . Tridēt . Sess. 24 can . 6. Bell. tom . 1. cont . 5 lib. ● . cap. 3● . o Covarru . epet in 4. decre tal . par 2. cap. 7. 9. 4. Catharin . de 〈◊〉 mo● quart . utrum matrimō . ante cop . sit Sacramentum et alibi quae in arch●typo . p Hosticus . Panormita● . et ali● 〈◊〉 . in . c. expublicode convers . co njugator . Card. Cajet . opusculo de mattim Mec. Medium . de Sacror hom . contin . lib. 5. Mar●in Navar. Consilior lib● 3. 〈◊〉 convers . infid . cons. 1. q Deut 22. 24. Matt 1. 20 r L. cuifuerit D de condits et domōstrat . L Nuptiarum D. de reg sa● . s Ambros institut virg cap ▪ 6 Aug. de nupt et ▪ concup . lib. 1. cap. II. Chrysostō , Isodor Gregot . c omnis , ● conjugo c qui desponsatam . 27. 4. 2. t si inter Extra desponsalib . c licet , c. tuas dudum . despons . duotum . De adulter . ●●njug . lib. 2. cap. 4. x Martin thee 5 Eugenius ▪ the 4. Alexander the 6 Iulius the third . Paul the 4. & Pius the 4. as Covarru . Catharin . Cajetan , and Navat doe 〈◊〉 . y Gen. 9. 22. z Math. 10. 37 a P●o. Dejo●● 10. b Rom. 7. vers . 2 , c vers 4. d 1 cor . 7. vers 39. e vers . 10. et . ● f Math 5. 32. et . 19. 9. g In utrum que locum Pauli . h Loco citato i In math 19. k In epist. ad Amand. l in the third Chapter . m Alexander 〈◊〉 third Pius the fourth &c. in the canōs above cited out of the decretals & the councell of Tren● . n Rom. 74 o 1 Cor 9. vers 6. p vers . 14 q Ephes 5. 3● . r Ephe● . 5. 25. s 2 Tim. 4. 2. t 2. Tim. 2. 3. v Rom 7. 4. x 1 , Cor. 7. 8. y Rom. ● . vers . 2. 3. z vers . 〈…〉 . b 1 King. 20. 10 ▪ c ● , 1. Corn. vers . ● & 10 , d vers . ● . e Di●dor , Sicul. lib. 12. f Iuvenal . Satyr 6. Sic fiunt octo mariti . Quinque per autumnor . g Strabe Geograph lib. 8. Pausanias Corinth . h Math. 5. 22. i Ephes. 4 , 26. k Calat 7. 16 l Math , 5 28 m Rom. 7. 8. n Gal 5. 17. o Rom. 6. 12. p 1. Cor. 7. 9 1 Moneto agamos . 2 〈◊〉 . q Which Bollocmin doth not onelie in this quaestion cap. 16 but also in the next before , cap. 14 r Revel . 3. 15. 3 Zestos , 4 Zeontes . Rom 12. 11. 5 Zeloson . Rev. 3. 19. s Math. 13. 22. t Luk. 12. 47. 6 L●quitu● ergo sine vil● dubio &c. v 1. ●or . 7. 10. x Mat. 5. 32. & ●9 . 9. y 1. cor . 7. 4. z August 〈◊〉 de a●ult con j●g cap , 1. 2 , 3 et 4. a August epi. 〈◊〉 Hecion b Dict. ● c. Eg● s●lis . c 〈…〉 7 ●an de ●ai d Cor 7 ver . 9. 〈◊〉 3● et 39 8 Namely . Kai . 9 Eide . 1 Eide , 2 Ean de kai . 3 Eide . 4 Ean de . 5 Argumentū plané insolubile . 6 Invictissima demonstratio 7 Vnum et tātum quodobijci pusset . 8 In the yeare of Christ 1588 e Annot. in 1. Cor 7. 9 De leviotibus offensis non de gravibus Flagit . ●s . Notes for div A10322-e10280 a Tom. ●●eont 1. lib. 4. cap. 2 b cont heres . cap. 1. et 41 c cap. 3 et 40. d Session 4. e Defen Fide Tridēt lib 2. f Epist. ad vni versam Christianam rēpu . prefixa A●dr . g Loco● . Theolog . lib. 7. ea . 3. h Tom. 2. con 3. lib. 4. cap. ●0 i Septimi decretalium lib 3. tit 5. cap. 2. 1 Nis● juxta vnamimem consensum pa●●um , 2 As Parsons by name : Epi tom con . part 2. con . 5. quest 4. & canilius catechism . de matrimon . sacram quest . 3 ▪ & Navarrus in cap divort ▪ de peint dist . 1 & their seminarieschollars . k Canon . 48. l Tom , 1. L. conti ● . ca. 2● m Fr. Torrensis ( otherwise called Turriā ) a ●esuit lib de 6. 7. et 8. Synod . n Pope Ge●asius the first , with 70. by shops assembled in a coūcell c Scta Romana dist . 3. o G●sar Baronius Annalus Eccle. tom . 1. ad ●nnum Christi ●8 . p Commēti● Canon . Apost q Apost const lib. 3 cap , 2 r Ft. Turrian , an●ct . in Apoconst Clemēt s Ez●k . 13. 10. t Baronius Annal eccle . tom 5 ad annū Chris●● 57 v Espencae●● li. ● . de continēt ca 9. ●t 16 x 1. Cor. 7. 9 y Apolog ▪ ad Anto impera z math . 5. 32. et ●9 . 9 a Apolog ▪ ad senatū Romā ro le gomenō par kumi● repodi●n . b L. dirimite● I divorti●● . D. de divortijset repudijs . 4 ●to de ta●tes pote aner . Eu seb eccl hist. lib. 4 cap 17 c Apolog. pro Christianis . d Tertull. de Monegam . Epipha ▪ haere . 4● . August de haeres cap. 26. e De continēt lib. 3 cap. 17 f Noted in part by Espen caeus himself ibid. ca. 9 10. g Epipha . here 46 et 17. August de heres . c●p 26. h Strom li 2. i Strom. lib. 3. k Hist Eccle. Magdeburg ce●● . 2 cap 〈◊〉 l Edm. Camp●an ●at ● . m cap Sancta Romana dist 15. n Variar ●eso . lib , 9 cap , 17 o Advers Mar cion . lib ● 5 ex eadem vtique causa qua non ●●cet dimitti . ut ●li aducatur 6 〈◊〉 dimiss●m . Mane●e● mat●imoni quod non 〈◊〉 d●ēpt ▪ um est . p Epit in 4. lib. decretal . part 2. cap. 7. D. 6. q Bibleoth . scā●ae lib. 6. Annot. 81. r Annot in lib advers Marcion cap. 34. et paradox Tertul 30. † de Monogamia . s Hieron in catalogo script . eccles . et in epist ad Tit cap. 1 Pamel . argum . lib de Monogam et annotat . cap 9. t Annotat in lib. 4. advers . Marcion cap. 34. 7 Habet Christum assertorem justitiae divortij . v Tract . 7 〈◊〉 Math cap. 19. x Math. 19. 8. y Annot. in ● . Cor ● . z Origē tract . 7 in math . a Explicat ●●ticulor . Lov●n a●t . 19. b Synod 5 Cōstan 〈◊〉 collat 8 cap ●● . Nicephor lib. 17 cap ●8 . c Tom. 1 cō● . 6 lib. c. cap. 1 d Hom ▪ 17 in Lucam . e Genebrad . annot marg ▪ in eum locū . Espenceus de continent . lib ▪ 3 cap 9. f Tractat de in●●●cut Sacerd c. de matrimon . lect . ●● g Canon . 9. 8 Slquis L. 〈…〉 D. de ve● ber 〈◊〉 . h Concil . I●e●d . c Non oportet a leptu ●gesima . ●3 q , 4. i can . 64. k Can. 3. 7. 17 18. 47 65 70. 73 , & 75. l Annal. Eccles ●om . 1 ad anū Christ. 57. m Tom. 1. ●ontr . 7. lib , ● . cap. 9. 9 Dimletis ●uxorem qua●i jura sin● crimine 1 Putas id ●ibi l●cere quia ●ex humana ●●on pr●hibet sed divina pro ●ib . ● . ● . 2 Noli crgo vxorem dimit tere . Qui dimittit uxorē facit eam m●e cham . n Math. 5. 32. o Math. 19. 9. p 1. Cor. 7. ●1 . q Epist 9 ad Salvinam . et n ad Age●uch●ā et adversus Iovinian . r De continēt lib. 3. cap. 10. 3 Who cōdemned second marrig●s Epiphan . ●aerel . 59 ●ugust ●e hae resib cap. 38. s In August de civit . dei lib. 16. cap 34. The divines of Lovan in in their ed●tiō of Austen , printed at Antwerp and Paris have lest this sentence out beyond the prescript of index expurgatorius . 4 Si non vult adultera reputa●i . 5 Non Apellat●r vir sed adulter . Vidutiatem 〈…〉 non poterat . ● Sub gloria 〈…〉 ● po● mortē secundi viti ● Opera exerce●e 〈◊〉 . v 〈…〉 x Concil , 〈…〉 . 9. y Ambros●a . 〈…〉 p. 7 z Ce●●●●● Theologorum Lovan in 〈◊〉 . gust lib 〈…〉 et nor testam To● — a Hieron epist. 30. ad Ocean . 3 Melius 〈…〉 4 〈…〉 b Epist. 〈…〉 c 〈…〉 Math. cap ● . d Ho● 〈…〉 Cor. ● . e 1. Cor 7. 28 f Homil de libell repudij g Epitom in 4. lib decretal . part . ● . cap. 7. D. 6. h Tom. 7. Contr. 7 ▪ lib. 1. cap. 4. i Theophylact in Math. cap. 1● . k ●n . 1. Cor. 7. l In Luc. cap. 16. 3 Parectos logou porneias delade . obscured by the Latin trāslator omitting delade . m Concil Basiliens ●ess 3● . et ●4 Enias Sylviu●de gest . concil . Basil , lib 1. n Synodus Fl●rentine procē . et subscript in literis vn●onis 6 Decimo calendus Dece●●bris . o Synod Florent . sess . ult . p Ounphr . in pontif . max. et card Genebrad . Chronograph . lib 4 q Decretum Eugenij papoe quarti . 7 Praesens , sanc at atque magna et vnivers● lis Synodus . 8 Florentiaei● publica sessione Synodali solennitercele brata . r Synod Florent sess . ult . s In proamio t Sess. ult . 9 There are about o● by shops seas in Italie , Leand. Al●ert in descript , Italie . 1 Eneas Sylv●us de ge●●s Basiliensis concil . lib. Clādius Esp●ceus in epist ad Titam cap 1. v Hist. eccl lib. 4 cap. 17. x Can 9. et 21. y Synod sext . in Trull can . 2 c Quoniam 〈◊〉 Synod , sept can . 1. z Heres . ●9 . a Epis in 4 lib decreta p●rt . cap. 7. 6. b Decur graec affect lib ● c Sext Synod . Constant. no in Trull cā . 8● Nomon synap theisan translated otherwise by some but mēt thus by the councell as men●oi with the antithelis going before it sheweth , & their vse o● the word Synap testes Can. 13. d●t . ● c Q●o●niam d ●n prior ad cor . can 7 e ●om cont 7 cap lib. f In math ca. 5 3 Decretum Eugenij ●●pae g Hist eccl . lib 3 cap. 53. h In p●oaem . i Faulus Iovius hist fur t●p . lib. 18 Fran. 〈◊〉 Alvar descript Ethi●p . ao ●1 k Alexan Guaguin in descript . Sarmat . Europ . Ant. Pessov cap. quib Gr et Rut. a latin . dissent l Divin instit . lib. 6 cap 23 et epis cap 6 m In mat . ca. 5. n Can on . 4. in math . o Augustin de adulier cōjug . ad Pollent . lib. 2 cap 1 et lib 2. cap. ● p In Ep●st 1 , ad cor cap 7. q can ●0 . r cau . ● s Cō●antinop in Trullo can . 8● . gr 8● lat . t Epist 4 ad Bo●sacium v 32. q 7 c. cōcubuisti . x cap. 3. et 10. Bu●chard . decretor l6 . c. 4● et l. 17. cap. 17. et 10. y 32. q. 7. c. Si quis cum noverca Burchar . lib. 17. c. 17. et 18. z ca. 5 Burchar lib. 17. c. 15. a 32. ● 7. c quae dam b Sed illudead caus et quest . c ● Vemens 1. extt. de eo qui cogu consang vxoris suae . d ● Quanto . extra . de divo . tljs e de cōcord Euang. cap. 100. f Addit 2. ad Lyran in mat . 19. g Christ matrimon instit . et annot . in● . cor cap. 7. h In mat . cap. 9. i Tract , de matri quest an proptor crim . adult conj . lib a vinculo . k Enartatim epist ad Ro c. 7 l Tindal . on mat 5 Bucer . de regno Christ lib 2. ca 43. P Martyr in 1. cor . 7 Bea●on et ? m In the confession of their faith pref . n Luther inarrat . in mat . 5 et cor 7 conf Saxon in Harmō conf . sect . 18. art de conj . conf . wirtēb ibid hist. Mag deburg . cent . ● li. 1 ca. ● , Kēnic exam , conc Trident part ▪ o calvin Instit. Christiāli ▪ 4 , ca. 19 , ult . eccl . gall , in Harmou conf . p Eccl. Belg. in Harm . cōf . Muscul in mat . 5. Bullin , decad . 2. serm , 10. Saeged in lacorcom de divor 〈…〉 2 〈…〉 In math . cap 5. 4 Absq. fornicationis causa s Can. 4. in Math. 5 Desinendi●a conjugio . 6 Non contra dixit Augustino sed eum consuluit . t De adult cōjug ad Pollēt . lib 1. cap. ● . et lib. 2. cap 2. 7 Tanquam consulende saith Austin . In steedew e●of , Bellarmin saith cōsulēdo & drowneth ●anquam . 8 Id enim sen tis & videtur tibi et existimas , & putas , et eft stoones , tibi videtur et existimas . v Biblioth , sen tae lib. 2. verb. Repudij humani libellus 9 Pollentium . religiosissimum vi●um . x In epist. 〈…〉 cap. ● . 1 As it is probably gathered . out of Austin cont , duas epistolas Pelagian lib. 4. cap 4 x In epist. 〈…〉 cap. ● . y ●● 9. 7. d sed illud . z lib. 4. sent . dist . 35. 2 dicitur , 3 creditur . a Epis ▪ in 4 lib decretal par 2 cap. y. 5. 6 b 1. cor . 7. 1. c Panopl , Evang lib. 3. 〈◊〉 95. d s ● . D. de divort et . repud , ● si ex lege ad legē sul de adul● l Cōsensu● si constan ●e c. de repudijs . e 1. cor . 7. 11. f Instit sacerd ca de Matrim Lect. 3. g Biblioth sare lib. 6. annot 8 h Annot. in cap. v●ot . a vro . 32. 97. 4 Quod er●di●i non ignorant . i In epist. 1. ad Tim cap. 3. 5 Cujushodie ●actor est Da●●●● . l To. 2. conte . ● lib. 1 cap 6. 6 Beatus Ambrosius where by he meneth famous Ambrose , byshop of M●●ā as the quotatiōs following shew . m The English college of Rheimes . Annot. on 1. tim . 3. 15 7 Held in Constantins time about the year● of Christ. 3●0 n Bart caran●● in somma cōciliorum . o Can. 10. 8 Confiliu● eis detut . p can . 3. 4. 57. ● 1. 12. et 14. 9 In quantum potest . Adolescenses exprohibentes . nubere . q 1. Tim. 5. 9 r Concil , Vanatle , in Gallia ●und . 2. 2 About the yeare of Christ 460. 3 〈◊〉 . s De Ro. pont , lib. 2. cap. 27 t De eccles mi lit . lib. 1. cap 7 v l. fin , D. de constitut princip●m . x lib. 1 d● imaginib . ad Carol Magn c●p . 35 post N●●caen synod 2. et ejus synod● act 2. y Nicaen synod . 2. act . 4. et 6. z Nicaen . synod . a. can . 1. a Zonaras et Balsamon prae fat . in synod 6 Nilus et Batla am de pr●matu Papae C●sura orientatis eccels . c. ult . b Decreti part 4. c. 121. et sequent c Dist 16. c. Habeo libr●̄ . d c A multis extra de aetat . et qualit et . ord . prae●iciend . 4 Vrged by Bellarmin of Canus etc. lib. 2. de Rom pont cap. ●7 . e In sūma cōciliorū , chrōograph . lib. 3. cōciliorū cōstātinopolitanum finitur sub Iustinian . Rhinotmeto colectis 227 , episcopis in eius palatio . The one of coolen in tō● the other at Venice in 5. g prefat . syn 6 ad ●ustinian . h de prim●● 〈…〉 i Thod , Hist , eccles lib. 5 c. 7 , 9 , k epist 4. ad ●onif , 32. q 7 , equod propo●u●● . l 〈◊〉 eccles ●l ● . 2 sect , 2. m sed illud . Quāvis 3. , q7 nubat , n vel intellige vel dic . In c quod proposuisti verbo o Hist , part 2 , tit . ● Ca● . 1 , quamvis . where he nameth Englshmē in sted of Germanes , & Gregorye the 1. insteed of Gregorie the 3 or 2 , as Antonins tooke it . q Explicat articul . Lovan . art . 19. r Cōcilior , Tō . 3. annotat mar . ad liūc locum , 6 Istuc he die ecclesiae non servat . s Tom 1 cont 3 lib. 4 Cap 12. 3. q● . c. concubuisti . 7 About the yeare of Christ 740 8 Sinespe cōjugij permane atis . 9 Si se continere nō vult . u 1. Cor. 7 39 x 1. Tim. 5. 14 y Peter Loma●nd Gratian. z Biblioth fāct ●●b . 6. Annotat . 8. a Matth. 9● b Exod 20. 14 Math. 5. 28. 6 adultera . 1 ● cap. ● B●rch ●rd decretor . ●ib . c. cap 41. 2 of Livia Drusi in Cornelius Tacitus M●es A●den Mres Sanders in our English Chroniclas . d Math 19 9 e Epit in 4. lib. decretal . part 2. cap. 7. D. 6. 3 Elibertnuom hee calle thit through an errour of ●ouie dit● ō of Gratian. f cap. Si qua mu. ser extra de divortijs , 4 Potest ipsā uxorem di●it tere e. , si vosuerit al●●m ducare● 5 Potest ipse potest axoris li voluer●t alid ducere 6 Vt vobis videtur . g Dere●or . lib 6. cap. 41. h ●i , ua mul●e● 3. q. 1. 7 〈◊〉 it were a Cardinal or other author soe named : as they who wrote the notes on Gratian of Gregorie the 13 editiō al●ag out of sūdry lawiers that it was praesoliū lect sacer ec●lessiast . class . sect ● praemō it . de Can. Conc apud Vermer . k cap 10. Butchard . lib. 17. cap. 10. l 32. p. 7. c. fi Quis cum No verca . m Horat de arte Poet. 8 Neuter ad cōjugiū potest pervenire 9 si se cōtinere non potest 1 Si quis dormie● it 2 Potest for id ●ossumus qu●d ●ureposssu●us 3 Sim literob se●andū est . o cap 1. et 1. Burchard lib 7. cap 7. et 18. p Concil . Tribur , can . 4● . q Math 11 29 r Collo● 3 12 s Anachor . apud B●dam lib ●ccles , hist. gēt Anglo● cap ● . t cap 1 Butehard 7. cap 1. u ●9 . 42. c. Si quis in genuus 4 In wormatia civita●e Almein de gestis Francor . lib. 4. cap 66. x Concil Carthag 4. et Milevet in 〈◊〉 conc . African . Epist. ad Celestin Cōc Tolet 3. cap. 18 y Tom. contr , 4 , lib 〈◊〉 cap. 4 z Sanction . ecce●s , clasi 2. sect 2. ad Cōe ve●in . a cap. ● Bur●hard lib. ● cap. 15. b 32 q 7 c. Quaedam c Cardinal Pole Sadoset contaren er consdele● card . conc . lior Tō . ult . Baptist Mantuan Syl. lib. 1. ed. ult Erasm adag . Qui probet Atne niensis . d Biblioth , hist. lib ● e In Melp●m f Hist. natura . lib 5. Cap 8. Apoe●egm Lacon . & ●aconar h de civit , Del lib 9 , cap 2 5 Dominicus Floceus Floren tinus ser forth vnder the nam of L 〈…〉 & sacerd t is Romainis i The writers of the Notes on Gregories ed●tion-xtra de & qui c●gn consangu uxoris suae , ●si quis verbo Metiam . k chro mōast . hirsan●g . ● cōcilior . rom 3 post syuod . Mogūt sub Rubano . m quedam 32 ● 7 , n c , Hist vero eadem quaect . o quod prop● suisti , ead . q p Bibl , Sanct lib , ● an not●● vnder the nāe of Synodus ● libe●ima the authour t●es thought of this Canon ● e Veniens . 1. de eo qui cog cōsang . ●●xoris suae q Ex parte extra de spōs et matrim . s Fran● Victoria relect 4 omne● qui petunt afferunt dispēsationes . In petunt Lee cōpriseth pendunt , Cie in ver lib. ● et . ● . t Epist Alexand . 〈◊〉 . ad pict . episc Append Conc , Lateran . v Annot●t . de varijs decretal . Epist. cōpilat e●●in praesat Gregorij noni . x Appēd Cōc Later sub Alexand . tert . part 12. cap. 4. y Diomar Institut lib 6. cap. 23. z Epit. 〈◊〉 lib. 4. Decretal . part . 2 , cap. 7. D. 6. a In 4. sent . dist . 36. art . 6. b c. Quedam sententiam Ambrosij servare cupiētes 32. q 7. Sed illud . c Innocent , the third cap. Quan●o extra de divortiis . d De cōcord . Evāg cap. 109. e In epist. ad cor cap. 7. f Aust Steuc . recogn vet . Test ad ver Hebr. in Gen 37 Sixt seuēs bibl . Sanct. lib. 4. g Addit . 2. ad ly● in M●●9 h Enarat in epist ad Rom cap. 7. i Act● 24. 5. 7 Te● ton Nazora●en 〈◊〉 protestatia 8 reliquorū omiū The o●og or catholicorū cōmunissima sentē 9 Vbiqne test atū esse volumus nos nusquam a iudicio ecclae catholicae velungué aut digit um latū velle descedere . Quod si quid usquam ejus modideprehēdatur id jam nūc pro●ecantat volumus haberi , In capitū Arg umēt , cōtt . moros●s quosdam et indoctos prefix nov Test. excus cū Aunot . edict 4. et 5 Ibidē in 1. cor . 7. ad hūc ipsū locū semper inquit illabefacto . eccl catholicae uidicio k Tō , ● . cōt , ● , lib. l. c. ● . l ex semichristiā . l. Tō . 2. Iud. sectar . & haeret . m de Bapt cōt . Dōa . lib 2 , c● . 2 In the yeare 1563. caj●tan being dead a 30 years before Sixtus se●ēst● bib sact . lib. 4. n In Mat. 16. 3 Quon am nō audeoopponerem● cōtra tortē ē doctroū & ●u d●ticrū ecclsiasticorū , idio● dixi & c ' o prefat cō●ntarior . in Eva. ad clement 7 p In Math. 19 q ex parte extra de spons , et matrim . ●ga●● deam● , de di vortiis . r Epist 7 ad Marcellin . & prolog retract s Retract lib. 2 cap , 18. t De fide et op●tib . cap. 19. u Coūcil milevit . cum . 27. carthag . sent . prefat . 7. x Tritē catalo . scriptor eccl . y The English translatour of the Beehive . lib. 6. chap. 4. z Annot in eo mēt cajctan . lib. 5. 4 catharinus , died in the yeare 552. Sixtus . senēs . lib. 4. Erasm. in the yeare . 1●36 , ●lēd . l. ●● . a Bibl. Sanct lib. 6 Annot 81. b Epit in 4. lib decretal part , 2. cap. 7. 6 c In 4. Sentent dist . 36. art 5. d Advers . Ma●●tion lib 4. e in 4. sent dist 35. f Epitaph Fabibl . et epist ad Amand. g can . 17. h can . 69. i Epist 3. ad Exuper . can . 6 k De adult conjug et de bono conjug . l In epist 1. ad Cor. cap 7. m De divin offic lib. 2. cap 19. n In Mar. cap 10 o Can. 10. p Can 12. q In Math cap. 5. 〈◊〉 . 1● . r ● . ex part des pons . et , matrim . s can gaudemus de divor tijs . t in 4 sentent dist . 35. u In instruct Armeniotū . x sess . 24. can . 7 y ●2 q. 7. sed illud 2. Sent. lib. 4. dist 35. a cor . 14. 36 b Esai 2. 3. lue . ●4 . 47. act . 1. 8. and the whole storie . 5 At Eliberis the firme Citye . ●at now is called Granade , or near there vnto c ● ' Tim. 3. 3. Tim. 2. 14. 6 what ? our Saviour also ● who sayth it ● by his worde Math. 19. 9. d Bel. tom . 1. cont . 3. lib. 4 Cap. 12. e Ibid , Ca. 14. f In the place abo ve quoted g In Marc. C. 10. h Did. Covat variatū resolut . lib. 4. Ca. 7● . Sixt senēs . bibl . sanct lib ● . Annot. 77. & lib. 6. Annot . 119. i Sixt. senēs . lib. 5 , & 6 Gebrad . collect . de Origē vita Cap , vit . k Tom ●eō● . lib. 1 cap 5. l Melch C●us locorum , Theolog. lib. 8. Cap. 1. m Articulis in quibus Magister non tenetur n cum secūd um . Capellanū : extra de secūd●s nuptijs . p Gloss in die tum c●discretionem & in sed illud 32 q7 q Tertul chro mat . Hilar. pol lent conc . Ven et . &c. r Math. 19. 7. s In 4. sent . dist . 3. quaest . 1. Art. 5. t Epist. 3. ad Exuper can . 6 , v c. gaudem●s extra de Divorti●s . 7 Quicsique dimisserit vx . orem suam ob●ornicatio nem . 8 Nifi ei m● or me . as some reade it . x Heb 4. 12. Esay . 36. 9● . 〈◊〉 . 2. Notes for div A10322-e20420 1 Argumentum a ratione petitum . a Esay . 8. 6. Ioh. 9. 7. coll . ● . 16. b Act. 18 vers 14. c vers 15. d vers . 17. e Ioh. 1. 5. f Rom. ● . 21 g 1 cor . 2. 14. h Ioh. 1. 9. i Ioh. 9. vers , 39. k vers . 40. l Ioh. 3. 4. et . y 4● . et . 11. 48. m Iphe . 5. 32 n Ephes. 4. 15 o Ephes. ● . 2. p Mat , 28. 20 q Ioh. 4. 16. r Ier. 32. 39. Heb 8 9 Ion. 13. 1 Ephes. 4. 8 , 1. Ioh. 2 , ●7 . & ● . 9. & 413. & 5. ●0 . s Bellar de ma trim'sac● Cap. 14. e jure can et Conc. Trident. t ● pler●̄que extr●de doat . inter ●xo●ē & virum u Ephes. 5. 32. x De mat●m . sacrā . Cap 4. y Seff . 24 C. ● 3 semper . z Heb. 4. 13. a Nub. 26. 65 b Deu● . 13. 13 c Psal. 7● . 2● . d Rom 3. 19. e Tom. 1. cōt . ● . lib. 3. cap. 2. 〈◊〉 10. f Hosea . 2. 2. Rev 2. 21. g 2. Sam. 3. 27 , 〈◊〉 . 20. 10. h Gen 9. 6. Exo. 21. 14. 1. King. 2. 31. i Eccles. 8. 11. k Ier. 44. vers . 15 et . 19. l Deut. 13. 6. m Gene. 4. 11 n Heb. 12 , 17. o Num. 16. 27 p Num. 25. 6. q Ios. 7. 25. r Act 5. 6. s Exod. 32. 28. Num. ●1 . 1. et . 14. 29 et . 17. ● . 14. et . 21. 6. et . 25 ● . t De bone cōjug cap. 7. 15. 18. et . 24. u De adulter . conjug ad Pollentium . x Retractar , lib. 2 cap. 2● . et . 57. y Iob. 6. 6. z Tom 1. cōt . 5. lib. 2. cap. 3● a In 4. sent . dis . 27 ● . 1. artic . 3 c 2. b Innocētiue . the third ● . debitum . extra de digamis . 4 Injuria a●●ceretur proles . c Col. 3. 25. d Rom. 3. 6. e Rom. 11. 24 f Max Pla. nud . in Aesopi vita . g Rom. 11. 17 h Ephes. 2. 3. i 1. Cor. 7. vers . 15. k vers . 14. l Ephes. 6. 4. m Prov. 31. 1. 2 , Tim ● . ● . n ● . king , 8 , ●6 , 2 Cor. ●2 . o Cie cōtr , Ant et Cat●l ●n toga cand . p Cic. in Cat●l ●rat ● , Sa tust . ●ōju● cat●l . 5 Neque femi ●a am●ssa pu●icitia al●a ab ●uerl● Corn●ac●tus anual ● . quarto 6 Adulterorū irgo de serui omn̄ Sen. is ●gamemnon , Diodor Sic ●er 12. Iul. Capitol ● M. Anton. ●ilos . r Epist , 10 , ad ●uriam de vi ●●it servand . s ●ccum secūd 〈◊〉 extra de ●cūdis nupt . 1 cor . 7. 9. t Sent. lib. 4. ●it , 39. e , u ●anto extra ● divortis , x The later ●ap 12 , ●e former ●ap . 16 , lib. 〈◊〉 , sa ●am . z In caput ●6 . Lucae . 7 Dimitis 〈◊〉 r1 quafi jure fiue crimine 8 culpam which he seēeth also to distinguish frō crime , neither to meane adultery therby but lighter of fences : such as honest wives sometims doe cōmitt through oversight of shrewishnes noted by S. Ambrose before in these wordes , u●ori os debes toller are et emenda re mores and by antquity in the Proverb Qui nō litigat caeleb . est . a Gen. 19. 29. 2. Pet. 2. 7. b Gen 18. vers . 24. c vers . 23 ●● . 25. d Matt 19. 9. e De Matrim . Sacram. lib. 14. f ● de Benedicto . 32. q 1. c. gaudemus , extra de convers conjugat ; c. Significasts , de divor●i●● , g Im 4 Seut . dist 35 art . 6. h Matt. ● . 1● . i Comment . in p●roverb . cap 18. k Hiéron . in Matt. cap. 19. Basil and Amphiloe . can . 9. et ●1 . Sent. synod . in Trull . can . ●8 Innocent . ter● . lib. 1. de contempt . mundi . cap. 18 l Proverb . 18. 22. m Concil . Trident , sess . 4 n C. sieut crudelis . c. Dixit . Dominus 32. q. 1. o L. 2 Lenocinij De ad Legem Iuliani de adult . l crimen leno cinij , c , eo . p In subaudi tur . quod si 32 q. 1. q In 4. sent . dist 35. r In c sivir sciens extra de adulter . s In 4. sent . dist . 35. t Pastoris . lib. 2 , mond , 4 , 9 Sed non sae peservis enim Dei poeniren tia una est , u princip , fid , doctrinal , lib , 9 Cap ult . x Prefat , Grec 9. in libro S quinque Decretalium , y The Coūcel of Arles as most copies reade : or of Orleans as otner . 1 Liber qu● appellatur Pastoris , Apocryphus dist . 15 c. Sancta Romana B●l , Tom. ● cont . 1 lib , 1. cap. ult . z In c. si vir sciens de adult . a L 3. c. de episcop audiēt 2 Remissionēveniae crimina nisi simel commissa non habeant . b Hos. 2 , 9. c Authens . utliceat ma●● et aviae Quia veto plutim , collat 8. d c pierunq extra de donat . inter . virum et uxorē , e Gen. 2. 18. f c. Quod proposuitti . 32. q. 7. g in . 16 cap. Lucae Necessitas illius tuū . crimen est . Cor. 7. 37. h Mat. 19. 11. 1 Cor. 7. 7. i Hippoer de morb popular lib. o Sect. 5. Galen . lib. 6. de locis affect . cap. 5. Paul Aegenet , lib. 1. cap. 35. k Plato de legib . lib. 11. Aristot Problē , sect , 1. quaest . 51. sect . 4. quaest . 17. 30. et . 31. l In. 4. Sent. dist . 35. art . 2. m Nura 27. g. n Of the Gr●tians , of the Romans , of our owne countrie and the rest . o Esay ●7 . 3. Chrysost in e● ist . ad Rom. hom . 24. p Plutarch de liberor eō●●at q Heb 12. ● . Ch●ysostom in epist ad Hebr. Rom. 29 c si gens Anglot . dist 36. r Deut. 12. 2. Conc. Pict , c. 1. extra . de filijs presbyt Cōcil . Lateran . sub . Alexandro Tertio cap 3. L generaliter . Sparios D. de Dceurionibus s Iudg. 11. 2. L. 3 D. de lib et past L ult c. de naturalib . lib. 1. l. ex cōplexu . c. de incestis nuprijs t Cor. 6. 12. v Prov. 6. 34. Lysie apolog pro Erastesthems caede . x Proverb . 6. ●4 . et . 7. 11. et 30. 20 c Se. mel malus . de regul is Juris . in Sexto . y Delegibus . lib. 11. z Liv. lib. 40. a 1 Sam. 2. 29. b 1. King. 1. 6. c Prov ● . 18. et , ●3 . 3. d Ephes 6. 4. e virg eclog. 3 f Theociīt . Idyll 8. g Ezek. 6 33. h Cornel Tacit anual . lib. 11. i Proverb 7. vers . ● . 14 , 26. et 17. k Salust . co●jur , catil . l de genit . m de hist , āial lib 6. cap. 7. n Natur. hist. lib. 10. cap. 9. 3 Vestigia 〈◊〉 alieni , Collatine in locto sunt tuo . Li● . lib. 2. o L. crimen Lenocinij . c. ad leg . Iul. de adult . 32. q , 1. D Quodsi . p c 12. q Concil . Eliber . can . ●5 . r Deut. 29. 19 s Senec Agamemnon . t Corn. Tacit. Annal. lib , 4. v Holl●she d● Chron in K. Edward the sixth . x 1. Cor. 7. 9. y Prov. 5. 20. et . ● , 32. et . 7. 27. z Levit. 20. 13 a 2. Pet 2. 22. b Sueton Tiber cap. ●5 . 4 Quamse ●●uquam repudiaturum ante jurevarat . c Authent . Sed hodie c. ad leg ●ul . de adult . d Consilior . lib 3. de regu●●●ib cons. 8. e Iuxtragloss . cap Agathosa 27. q. ● . 5 Ex amore con●tahendi cum al●a post e●us ●or●ē● A Marques f Ferrara . Laon. Chaco●end derebus Tu●e lib. 6. 6 E. mounol phileous a●ox ous meropon anthropon Atreidas 〈◊〉 omer lliad ● . L. si . uxor D. ad leg . ●ul . de adulter . Pollaki ka i ●umpasa p●●is kahou a●dros e paurel . Hefiod . ope●ib et d●eb . g Hippocras de gē●is . ● pollaki Ka i ●●●m pasa po●●is Kahou an●dros e paurel . Hesiod ope●●ib et dieb . h los. ● . 11. ●udg . 19. 25. et 20. 3● . Hos. 4. ● . 7 Eilij s jam 〈…〉 i Platina de vitis p●ntificum . in Pio. ● k In nocen● quart in . c. si se duxerit . extra de adult Hostièns sum de adult . 7. l 1. King 2. 13. Act. 6. 13. et . 7 58. The magtirs spoken of in the bookes of Machabees , Eusebius , Victor Mr. Fox . and others . m Matt. 26 , 66. et . 27 , 24. n Act. 23. 3. o Rom. 13. 4 p In 19. caput . Matthel . q Livij lib. 12 r De matrim . Sacram. cap. 14. s In eundem locum Matt. 8 Commodū ex peccato suo adulter repor ta●et . t Dan. 4 , 16. u 1 , Cor. 6. 1● . x Prov. 6. 26. y Luk. 15. vers . 13. et . 30. z Prov. 6. 33. a Prov. 22. 1. b Prov. 6. 29. ● . Cor. 69. Heb. 13. 4. 9 Quae●enti vito Satin Salvae minemé inquit . quid enim salvi est mu●eri amissa pud . citia ? Liv. lib. 1. l Lucretia 〈◊〉 mine sed re Thais Alexandri filia sponsa nuru● Sanazor in epigram● . 2 Pope Alexander the Sixth of whō the Epigrā goeth . Sextus Tarqu● n , Sextus Ne to Sextaset fu● est Sempere● a Sextu . diruta Roma face c 1. Tim. 4. 8. d Sigismund commentar , rerum Musco vitar . e Luk. 12 , 47. f Rev. 21. 8. g leg duodec● tabular . 3 Viginti quin que 〈◊〉 paen● sun● for the viginti quinque asses . which some thinke to bee a third parte more , then so many half pence : some alitle lesse vpō a difference of weights , not materiall to this poynt . h A Gell. Nect Actic . 1. 20. 〈◊〉 k Apologet. cap. 6. l Valerius . Max lib. 2. cap. ● . Au●●● . lib 4 , c. 3 e. severus Sulpirius , Plutareh in Romulo . who ( both there and in N●ma ) misreckoneth the yeares vnles it were the 〈◊〉 or booke writers fault which is mo●●●●kely . m Matt. 9. 9 n De 〈◊〉 mulieru● . o D●onys . Halycarn Annal. Roman . lib 2 〈◊〉 Tranquil Tiber. Cap. 4. 4 In adulteri● vxorē tuā si deprehēd isses fine judicio minime neca ris . Cic Orat de 〈◊〉 . A Cell . lib. 10 Ca. 23. q The Greeians Aegiptiaus Perstans and the rest . r Institut de public . judic . Itē lex Iuha de . adult for lex Iulia spokē of there , is not the law as it was made first by Augustus . but as it was corrected afterward by Constantine or by some other Christian Emperour s Cod. de secūdis , nuptijs de repudijs . t Gen. 43. 2● . 
A89158	----	Tetrachordon: expositions upon the foure chief places in scripture, which treat of mariage, or nullities in mariage. On Gen.I.27.28. compar'd and explain'd by Gen.2.18.23.24. Deut.24.1.2. Matth.5.31.32. with Matth.19. from the 3d.v. to the 11th. I Cor.7. from the 10th to the 16th. Wherein the doctrine and discipline of divorce, as was lately publish'd, is confirm'd by explanation of scripture, by testimony of ancient fathers, of civill lawes in the primitive church, of famousest reformed divines, and lastly, by an intended act of the Parlament and Church of England in the last eyare of Edvvard the sixth. / By the former author J.M. Milton, John, 1608-1674. 1645 Approx. 298 KB of XML-encoded text transcribed from 55 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2008-09 (EEBO-TCP Phase 1). A89158 Wing M2184 Thomason E271_12 ESTC R212199 99870845 99870845 123241 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A89158) Transcribed from: (Early English Books Online ; image set 123241) Images scanned from microfilm: (Thomason Tracts ; 45:E271[12]) Tetrachordon: expositions upon the foure chief places in scripture, which treat of mariage, or nullities in mariage. On Gen.I.27.28. compar'd and explain'd by Gen.2.18.23.24. Deut.24.1.2. Matth.5.31.32. with Matth.19. from the 3d.v. to the 11th. I Cor.7. from the 10th to the 16th. Wherein the doctrine and discipline of divorce, as was lately publish'd, is confirm'd by explanation of scripture, by testimony of ancient fathers, of civill lawes in the primitive church, of famousest reformed divines, and lastly, by an intended act of the Parlament and Church of England in the last eyare of Edvvard the sixth. / By the former author J.M. Milton, John, 1608-1674. [8], 40, 37-98, [2] p. [s.n.], London: : Printed in the yeare 1645. J.M. = John Milton, who has signed "To the Parlament". Text is continuous despite pagination. The final leaf is blank. Annotation on Thomason copy: "March 4th 1644"; the 5 in imprint date is crossed out. Reproduction of the original in the British Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. 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Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Answer to a book, intituled, The doctrine and discipline of divorce. Divorce -- England -- Early works to 1800. Marriage law -- England -- Early works to 1800. 2007-02 TCP Assigned for keying and markup 2007-03 Apex CoVantage Keyed and coded from ProQuest page images 2007-05 John Latta Sampled and proofread 2007-05 John Latta Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion Tetrachordon : EXPOSITIONS UPON The foure chief places in Scripture , which treat of Mariage , or nullities in Mariage . On Gen. 1. 27. 28. compar'd and explain'd by Gen. 2. 18. 23. 24. Deut. 24. 1. 2. Matth. 5. 31. 32. with Matth. 19. from the 3d. v. to the 11th . 1 Cor. 7. from the 10th to the 16th . Wherin the Doctrine and Discipline of Divorce , as was lately publish'd , is confirm'd by explanation of Scripture , by testimony of ancient Fathers , of civill lawes in the Primitive Church , of famousest Reformed Divines , And lastly , by an intended Act of the Parlament and Church of England in the last yeare of EDVVARD the sixth . By the former Author J. M. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Euripid. Medea . LONDON : Printed in the yeare 1645. To the PARLAMENT . THat which I knew to be the part of a good Magistrate , aiming at true liberty through the right information of religious and civil life , and that which I saw , and was partaker , of your Vows and solemne Cov'nants , Parlament of England , your actions also manifestly tending to exalt the truth , and to depresse the tyranny of error , and ill custome , with more constancy and prowesse then ever yet any , since that Parlament which put the first Scepter of this Kingdom into his hand whom God and extraordinary vertue made thir Monarch , were the causes that mov'd me , one else not placing much in the eminence of a dedication , to present your high notice with a Discourse , conscious to it self of nothing more then of diligence , and firm affection to the publick good . And tbat ye took it so as wise and impartial men , obtaining so great power and dignitie , are wont to accept , in matters both doubtfull and important , what they think offer'd them well meant , and from a rational ability , I had no lesse then to perswade me . And on that perswaston am return'd , as to a famous and free Port , my self also bound by more then a maritime Law , to expose as freely what fraughtage I conceave to bring of no trifles . For although it be generally known , how and by whom ye have been instigated to a hard censure of that former book entitl'd , The Doctrine , and Diseipline of Divorce , an opinion held by some of the best among reformed Writers without scandal or confutement , though now thought new and dangerous by some of our severe Gnostics , whose little reading , and lesse meditating holds ever with hardest obstinacy tbat which it took up with easiest credulity , I do not find yet that ought , for the furious ineitements which have been used , hath issu'd by your appointment , that might give the least interruption or disrepute either to the Author , or to the Book . Which he who will be better advis'd then to call your neglect , or connivence at a thing imagin'd so perilous , can attribute it to nothing more justly , then to the deep and quiet streame of your direct and calme deliberations ; that gave not way either to the fervent rashnesse , or the immaterial gravity of those who ceas'd not to exasperate without cause . For which uprightnesse and incorrupt refusall of what ye were incens'd to , Lords and Commons , ( though it were don to justice , not to me , and was a peculiar demonstration how farre your waies are different from the rash vulgar ) besides tbose allegiances of oath and duty , which are my publie debt to your public labours , I have yet a store of gratitude laid up , which cannot be exhausted ; and such thanks perhaps they may live to be , as shall more then whisper to the next ages . Yet that the Author may be known to ground himself upon his own innocence , and the merit of his cause , not upon the favour of a diversion , or a delay to any just censure , but wishes rather he might see those his detracters at any fair meeting , as learned debatements are privileg'd with a due freedome under equall Moderators , I shall here briefly single one of them ( because he hath oblig'd me to it ) who I perswade me having scarse read the book , nor knowing him who writ it , or at least faining the latter , bath not forborn to scandalize him , unconferr'd with , unadmonisht , undealt with by any Pastorly or brotherly convincement , in the most open and invective manner , and at the most bitter opportunity that drift or set designe could have invented . And this , when as the Canon Law , though commonly most favouring the boldnesse of their Priests , punishes the naming or traducing of any person in the Pulpit , was by him made no scruple . If I shall therfore take licence by the right of nature , and that liberty wherin I was born , to defend my self publicly against a printed Calumny , and do willingly appeal to those Judges to whom I am accus'd , it can be no immoderate , or unallowable course of seeking so just and needfull reparations . Which I had don long since , had not these employments , which are now visible , deferr'd me . It was preacht before ye , Lords and Commons , in August last upon a special day of humiliation , that there was a wicked Book abroad , and ye were taxt of sin that it was yet uncensur'd , the book deserving to be burnt , and impudence also was charg'd upon the Author , who durst set his name to it , and dedicate it to your selves . First , Lords and Commons , I pray to that God , before whom ye then were prostrate , so to forgive ye those omissions and trespasses , which ye desire most should find forgivness , as I shall soon shew to the world how easily ye absolve your selves of that which this man calls your sin , and is indeed your wisdome , and your Noblenesse , whereof to this day ye have don well not to repent . He terms it a wicked book , and why but for allowing other causes of Divorce , then Christ and his Apostles mention ; and with the same censure condemns of wickednesse not onely Martin Bucer that elect Instrument of Reformation , highly honour'd and had in reverence by Edward the sixth , and his whole Parlament , whom also I had publisht in English by a good providence , about a week before this calumnious digression was preach'd ; so that if he knew not Bucer then , as he ought to have known , he might at least have known him some months after , ere the Sermon came in print , wherein notwithstanding he persists in his former sentence , and condemnes again of wickednesse , either ignorantly or wilfully , not onely Martin Bucer , and all the choisest and holiest of our Reformers , but the whole Parlament and Church of England in those best and purest times of Edward the sixth . All which I shall prove with good evidence , at the end of these Explanations . And then let it be judg'd and seriously consider'd with what hope the affairs of our Religion are committed to one among others , who hath now onely left him which of the twain he will choose , whether this shall be his palpable ignorance , or the same wickednesse of his own book , which he so lavishly imputes to the writings of other men : and whether this of his , that thus peremptorily defames and attaints of wickednesse unspotted Churches , unblemisht Parlaments , and the most eminent restorers of Christian Doctrine , deserve not to be burnt first . And if his heat had burst out onely against the opinion , his wonted passion had no doubt bin silently born with wonted patience . But since against the charity of that solemne place and meeting , it serv'd him furder to inveigh opprobriously against the person , branding him with no lesse then impudence , onely for setting his name to what he had writt'n , I must be excus'd not to be so wanting to the defence of an honest name , or to the reputation of those good men who afford me their society , but to be sensible of such a foule endeavour'd disgrace : not knowing ought either in mine own deserts , or the Laws of this Land , why I should be subject , in such a notorious and illegal manner , to the intemperancies of this mans preaching choler . And indeed to be so prompt and ready in the midst of his humblenesse , to tosse reproaches of this bulk and size , argues as if they were the weapons of his exercise , I am sure not of his Ministery , or of that dayes work . Certainly to subscribe my name at what I was to own , was what the State had order'd and requires . And he who lists not to be malicious , would call it ingenuity , cleer conscience , willingnesse to avouch what might be question'd , or to be better instructed . And if God were so displeas'd with those , Isa . 58. who on the solemne fast were wont to smite with the fist of wickednesse , it could be no signe of his own humiliation accepted , which dispos'd him to smite so keenly with a reviling tongue . But if onely to have writ my name must be counted impudence , how doth this but justifie another , who might affirm with as good warrant , that the late Discourse of Scripture and Reason , which is certain to be chiefly his own draught , was publisht without a name , out of base fear , and the sly avoidance of what might follow to his detriment , if the party at Court should hap to reach him . And I , to have set my name , where he accuses me to have set it , am so far from recanting , that I offer my hand also if need be , to make good the same opinion which I there maintain , by inevitable consequences drawn parallel from his own principal arguments in that of Scripture and Reason ; which I shall pardon him , if he can deny , without shaking his own composition to peeces . The impudence therfore , since he waigh'd so little what a grosse revile that was to give his equall , I send him back again for a phylactery to stitch upon his arrogance , that censures not onely before conviction so bitterly without so much as one reason giv'n , but censures the Congregation of his Governors to their faces , for not being so hasty as himself to censure . And whereas my other crime is , that I address'd the Dedication of what I had studied , to the Parlament , how could I better declare the loyalty which Iowe to that supreme and majestick Tribunal , and the opinion which I have of the high-entrusted judgement , and personall worth assembl'd in that place . With the same affections therfore , and the same addicted fidelity , Parlament of England , I here again have brought to your perusal on the same argument these following Expositions of Scripture . The former book , as pleas'd some to think , who were thought judicious , had of reason in it to a sufficiencie ; what they requir'd , was that the Scriptures there alleg'd , might he discuss'd more fully . To their desires , thus much furder hath been labour'd in the Scriptures . Another sort also who wanted more autorities , and citations , have not been here unthought of . If all this attain not to satisfie them , as I am confident that none of those our great controversies at this day , hath had a more demonstrative explaining , I must confesse to admire what it is , for doubtlesse it is not reason now adayes that satisfies , or suborns the common credence of men , to yeeld so easily , and grow so vehement in matters much more disputable , and farre lesse conducing to the daily good and peace of life . Some whose necessary shifts haeve long enur'd them to cloak the defects of their unstudied yeers , and hatred now to learn , under the appearance of a grave solidity , which estimation they have gain'd among weak perceivers , find the ease of slighting what they cannot refute , and are determin'd , as I hear , to hold it not worth the answering . In which number I must be forc'd to reck'n that Doctor , who in a late equivocating Treatise plausibly set afloat against the Dippers , diving the while himselfwith a more deep prelatical malignance against the present state , & Church-government , mentions with ignominy the Tractate of Divorce ; yet answers nothing , but instead thereof ( for which I do not commend his marshalling ) sets Moses also among the crew of his Anabaptists ; as one who to a holy Nation , the Common-wealth of Israel , gave Laws breaking the bonds of mariage to inordinate lust . These are no mean surges of blasphemy , not onely dipping Moses the divine Law-giver , but dashing with a high hand against the justice and purity of God himself ; as these ensuing Scriptures plainly and freely handl'd shall verifie to the launcing of that old apostemated error . Him therefore I leave now to his repentance . Others , which is their courtesie , confesse that wit and parts may do much to make that seem true which is not ( as was objected to Socrates by them who could not resist his efficacy , that he ever made the worse cause seem the better ) and thus thinking themselves discharg'd of the difficulty , love not to wade furder into the fear of a convincement . These will be their excuses to decline the full examining of this serious point . So much the more I presse it and repeat it , Lords and Commons , that ye beware while time is , ere this grand secret , and onely art of ignorance affecting tyrany , grow powerfull and rule among us . For if sound argument and reason shall be thus put off , either by an undervaluing silence , or the maisterly censure of a rayling word or two in the Pulpit , or by rejecting the force of truth , as the meer cunning of eloquence , and Sophistry , what can be the end of this , but that all good learning and knowledge will suddenly decay : Ignorance , and illiterate presumption , which is yet but our disease , will turn at length into our very constitution , and prove the hectic evill of this age : worse to be fear'd , if it get once to reign over us , then any fift Monarchy . If this shall be the course , that what was wont to be a chief commendation , and the ground of other mens confidence in an Author , his diligence , his learning , his elocution whether by right , or by ill meaning granted him , shall be turn'd now to a disadvantage and suspicion against him , that what he writes though unconfuted , must therefore be mistrusted , therfore not receiv'd for the industry , the exactnesse , the labour in it , confess'd to be more then ordnary ; as if wisdome had now forsak'n the thirstie and laborious inquirer to dwell against her nature with the arrogant and shallow babler , to what purpose all those pains and that continual searching requir'd of us by Solomon to the attainment of understanding ; why are men bred up with such care and expence to a life of perpetual studies , why do your selves with such endeavour seek to wipe off the imputation of intending to discourage the progresse and advance of learning ? He therfore whose heart can bear him to the high pitch of your noble enterprises , may easily assure himself that the prudence and farre-judging circumspectnesse of so grave a Magistracy sitting in Parlament , who have before them the prepar'd and purpos'd Act of their most religious predecessors to imitate in this question , cannot reject the cleernesse of these reasons , and these allegations both here and formerly offer'd them ; nor can over-look the necessity of ordaining more wholsomly and more humanly in the casualties of Divorce , then our Laws have yet establisht : if the most urgent and excessive grievances hapning in domestick life , be worth the laying to heart , which , unlesse charity be farre from us , cannot be neglected . And that these things both in the right constitution , and in the right reformation of a Common-wealth call for speediest redresse , and ought to be the first consider'd , anough was urg'd in what was prefac'd to that monument of Bucer which I brought to your remembrance , and the other time before . Hence forth , except new cause be giv'n , I shall say lesse and lesse . For if the Law make not timely provision , let the Law , as reason is , bear the censure of those consequences , which her own default now more evidently produces . And if men want manlinesse to expostulate the right of their due ransom , and to second their own occasions , they may sit hereafter and bemoan themselves to have neglected through faintnesse the onely remedy of their sufferings , which a seasonable and well grounded speaking might have purchas'd them . And perhaps in time to come , others will know how to esteem what is not every day put into their hands , when they have markt events , and better weigh'd how hurtfull and unwise it is , to hide a secret and pernicious rupture under the ill counsell of a bashfull silence . But who would distrust ought , or not be ample in his hopes of your wise and Christian determinations ? who have the prudence to consider , and should have the goodnesse like gods , as ye are call'd , to find out readily , and by just Law to administer those redresses which have of old , not without God ordaining , bin granted to the adversities of mankind , ere they who needed , were put to ask . Certainly , if any other have enlarg'd his thoughts to expect from this government so justly undertak'n , and by frequent assistances from heaven so apparently upheld , glorious changes and renovations both in Church and State , he among the formost might be nam'd , who prayes that the fate of England may tarry for no other Deliverers . JOHN MILTON . TETRACHORDON , Expositions upon the foure chiefe places in Scripture which treat of Mariage , or nullities in Mariage . Gen. 1. 27. So God created man in his owne image , in the image of God created he him ; male and female created he them . 28. And God blessed them , and God said unto them be fruitfull , &c. Gen. 2. 18. And the Lord God said , It is not good that man should be alone , I will make him a helpe meet for him . 23. And Adam said , This is now bone of my bones , and flesh of my flesh ; she shall be called Woman , because she was taken out of Man. 24. Therefore shall a man leave his father and his mother , and shall cleave unto his wife , and they shall be one flesh . Gen. 1. 27. SO God created man in his owne image . ] To be inform'd aright in the whole History of Mariage , that we may know for certain , not by a forc't yoke , but by an impartial definition , what Mariage is , and what is not Mariage ; it will undoubtedly be lafest , fairest , and most with our obedience , to enquire , as our Saviours direction is , how it was in the beginning . And that we begin so high as man created after Gods owne Image , there want not earnest causes . For nothing now adayes is more degenerately forgott'n , then the true dignity of man , almost in every respect , but especially in this prime institution of Matrimony , wherein his native pre-eminence ought most to shine . Although if we consider that just and naturall privileges men neither can rightly seek , nor dare fully claime , unlesse they be ally'd to inward goodnesse , and stedfast knowledge , and that the want of this quells them to a servile sense of their own conscious unworthinesse , it may save the wondring why in this age many are so opposite both to human and to Christian liberty , either while they understand not , or envy others that do ; contenting , or rather priding themselves in a specious humility and strictnesse bred out of low ignorance that never yet conceiv'd the freedome of the Gospel ; and is therefore by the Apostle to the Colossians rankt with no better company , then Will-worship and the meer shew of wisdome . And how injurious herein they are , if not to themselves , yet to their neighbours , and not to them only , but to the all-wise and bounteous grace offer'd us in our redemption , will orderly appear . [ In the Image of God created he him . ] It is anough determin'd , that this Image of God wherin man was created , is meant Wisdom , Purity , Justice , and rule over all creatures . All which being lost in Adam , was recover'd with gain by the merits of Christ . For albeit our first parent had lordship over sea , and land , and aire , yet there was a law without him , as a guard set over him . But Christ having cancell'd the hand writing of ordinances which was against us , Coloss . 2. 14. and interpreted the fulfilling of all through charity , hath in that respect set us overlaw , in the free custody of his love , and left us victorious under the guidance of his living Spirit , not under the dead letter ; to follow that which most edifies , most aides and furders a religious life , makes us holiest and likest to his immortall Image , not that which makes us most conformable and captive to civill and subordinat precepts ; whereof the strictest observance may oftimes prove the destruction not only of many innocent persons and families , but of whole Nations . Although indeed no ordinance human or from heav'n can binde against the good of man ; so that to keep them strictly against that end , is all one with to breake them . Men of most renowned vertu have sometimes by transgressing , most truly kept the law ; and wisest Magistrates have permitted and dispenc't it ; while they lookt not peevishly at the letter , but with a greater spirit at the good of mankinde , if alwayes not writt'n in the characters of law , yet engrav'n in the heart of man by a divine impression . This Heathens could see , as the well-read in story can recount of Solon and Epaminondas , whom Cicero in his first booke of invention nobly defends . All law , saith he , we ought referr to the common good , and interpret by that , not by the scrowl of letters . No man observes law for laws sake , but for the good of them for whom it was made . The rest might serv well to lecture these times , deluded through belly-doctrines into a devout slavery . The Scripture also affords us David in the shew-bread , Hezechiah in the passeover sound and safe transgressors of the literall command , which also dispenc'd not seldom with it self ; and taught us on what just occasions to doe so : untill our Saviour for whom that great and God-like work was reserv'd , redeem'd us to a state above prescriptions by dissolving the whole law into charity . And have we not the soul to understand this , and must we against this glory of Gods transcendent love towards us be still the servants of a literall indightment ? [ Created he him . ] It might be doubted why he saith , In the Image of God created he him , not them , as well as male and female them ; especially since that Image might be common to them both , but male and female could not , however the Jewes fable , and please themselvs with the accidentall concurrence of Plato's wit , as if man at first had bin created Hermaphrodite : but then it must have bin male and female created he him . So had the Image of God bin equally common to them both , it had no doubt bin said , In the image of God created he them . But St. Paul ends the controversie by explaining that the woman is not primarily and immediatly the image of God , but in reference to the man. The head of the woman , saith he , 1 Cor. 11. is the man : he the image and glory of God , she the glory of the man : he not for her , but she for him . Therefore his precept is , Wives be subject to your husbands as is fit in the Lord , Coloss . 3. 18. In every thing , Eph. 5. 24. Neverthelesse man is not to hold her as a servant , but receives her into a part of that empire which God proclaims him to , though not equally , yet largely , as his own image and glory : for it is no small glory to him , that a creature so like him , should be made subject to him . Not but that particular exceptions may have place , if she exceed her husband in prudence and dexterity , and he contentedly yeeld , for then a superior and more naturall law comes in , that the wiser should govern the lesse wise , whether male or female . But that which far more easily and obediently follows from this verse , is that , seeing woman was purposely made for man , and he her head , it cannot stand before the breath of this divine utterance , that man the portraiture of God , joyning to himself for his intended good and solace an inferiour sexe , should so becom her thrall , whose wilfulnes or inability to be a wife frustrates the occasionall end of her creation , but that he may acquitt himself to freedom by his naturall birth-right , and that indeleble character of priority which God crown'd him with . If it be urg'd that sin hath lost him this , the answer is not far to seek , that from her the sin first proceeded , which keeps her justly in the same proportion still beneath . She is not to gain by being first in the transgression , that man should furder loose to her , because already he hath lost by her means . Oft it happens that in this matter he is without fault ; so that his punishment herein is causeles : and God hath the praise in our speeches of him , to sort his punishment in the same kind with the offence . Suppose he err'd ; it is not the intent of God or man , to hunt an error so to the death with a revenge beyond all measure and proportion . But if we argue thus , this affliction is befaln him for his sin , therefore he must bear it , without seeking the only remedy , first it will be false that all affliction comes for sin , as in the case of Joh , and of the man born blind , Joh. 9. 3 , was evident : next by that reason , all miseries comming for sin , we must let them all lye upon us like the vermin of an Indian Catharist , which his fond religion forbids him to molest . Were it a particular punishment inflicted through the anger of God upon a person , or upon a land , no law hinders us in that regard , no law but bidds us remove it if we can : much more if it be a dangerous temptation withall , much more yet , if it be certainly a temptation , and not certainly a punishment , though a pain . As for what they say we must bear with patience , to bear with patience , and to seek effectuall remedies , implies no contradiction . It may no lesse be for our disobedience , our unfaithfulnes , and other sins against God , that wives becom adulterous to the bed , and questionles we ought to take the affliction as patiently , as christian prudence would wish ; yet hereby is not lost the right of divorcing for adultery . No you say , because our Saviour excepted that only . But why , if he were so bent to punish our sins , and try our patience in binding on us a disastrous mariage , why did he except adultery ? Certainly to have bin bound from divorce in that case also had bin as plentifull a punishment to our sins , and not too little work for the patientest . Nay perhaps they will say it was too great a sufferance : And with as slight a reason , for no wise man but would sooner pardon the act of adultery once and again committed by a person worth pitty and forgivnes , then to lead a wearisom life of unloving & unquiet conversation with one who neither affects nor is affected , much lesse with one who exercises all bitternes , and would commit adultery too , but for envy lest the persecuted condition should thereby get the benefit of his freedom . 'T is plain therefore that God enjoyns not this supposed strictnes of not divorcing either to punish us , or to try our patience . Moreover , if man be the image of God , which consists in holines , and woman ought in the same respect to be the image and companion of man , in such wise to belov'd , as the Church is belov'd of Christ , and if , as God is the head of Christ , and Christ the head of man , so man is the head of woman ; I cannot see by this golden dependance of headship and subjection , but that Piety and Religion is the main tye of Christian Matrimony : So as if there be found between the pair a notorious disparity either of wickednes or heresie , the husband by all manner of right is disingag'd from a creature , not made and inflicted on him to the vexation of his righteousnes ; the wife also , as her subjection is terminated in the Lord , being her self the redeem'd of Christ , is not still bound to be the vassall of him , who is the bondslave of Satan : she being now neither the image nor the glory of such a person , nor made for him , nor left in bondage to him ; but hath recours to the wing of charity , and protection of the Church ; unless there be a hope on either side ; yet such a hope must be meant , as may be a rationall hope , and not an endles servitude . Of which hereafter . But usually it is objected , that if it be thus , then there can be no true mariage between misbeleevers and irreligious persons ? I might answer , let them see to that who are such ; the Church hath no commission to judge those without , 1 Cor. 5. But this they will say perhaps , is but penuriously to resolv a doubt . I answer therefore , that where they are both irreligious , the mariage may be yet true anough to them in a civill relation . For there are left som remains of Gods image in man , as he is meerly man ; which reason God gives against the shedding of mans bloud , Gen. 9. as being made in Gods image , without expression whether he were a good man or a bad , to exempt the slayer from punishment . So that in those mariages where the parties are alike void of Religion , the wife owes a civill homage and subjection , the husband owes a civill loyalty . But where the yoke is mis-yok't , heretick with faithfull , godly with ungodly , to the grievance and manifest endangering of a brother or sister , reasons of a higher strain then matrimoniall bear sway ; unlesse the Gospel instead of freeing us , debase it self to make us bondmen , and suffer evill to controule good . [ Male and female created he them . ] This contains another end of matching man and woman , being the right , and lawfulnes of the marige bed ; though much inferior to the former end of her being his image and helpo in religious society . And who of weakest insight may not see that this creating of them male and female , cannot in any order of reason , or Christianity , be of such moment against the better and higher purposes of their creation , as to enthrall husband or wife to duties or to sufferings , unworthy and unbeseeming the image of God in them ? Now when as not only men , but good men doe stand upon their right , their estimation , their dignity in all other actions and deportments with warrant anough and good conscience , as having the image of God in them , it will not be difficult to determin what is unworthy and unseemly for a man to do or suffer in wedlock ; and the like proportionally may be found for woman : if we love not to stand disputing below the principles of humanity . He that said , Male and female created he them , immediatly before that said also in the same verse , In the Image of God created he him , and redoubl'd it , that our thoughts might not be so full of dregs as to urge this poor consideration of male and female , without remembring the noblenes of that former repetition ; lest when God sends a wise eye to examin our triviall glosses , they be found extremly to creep upon the ground : especially since they confesse that what here concerns mariage is but a brief touch , only preparative to the institution which follows more expressely in the next Chapter : and that Christ so took it , as desiring to be briefest with them who came to tempt him , account shall be given in due place . V. 28. And Godblessed them , and God said unto them , be fruitfull , and multiply , and replenish the earth , &c. This declares another end of Matrimony , the propagation of mankind ; and is again repeated to Noah and his sons , Many things might be noted on this place not ordinary , nor unworth the noting ; but I undertook not a generall Comment . Hence therefore we see the desire of children is honest and pious ; if we be not lesse zealous in our Christianity , then Plato was in his heathenism ; who in the sixt of his laws , counts off-spring therefore desirable , that we may leav in our stead sons of our sons , continuall servants of God : a religious and prudent desire , if people knew as well what were requir'd to breeding as to begetting ; which desire perhaps was a cause why the Jews hardly could endure a barren wedlock : and Philo in his book of speciall laws esteems him only worth pardon that sends not barrennes away . Carvilius the first recorded in Rome to have sought divorce , had it granted him for the barrennes of his wife , upon his oath that he maried to the end he might have children ; as Dionysius and Gellius are authors . But to dismisse a wife only for barrennes , is hard : and yet in som the desire of children is so great , and so just , yea somtime so necessary , that to condemn such a one to a childles age , the fault apparently not being in him , might seem perhaps more strict then needed . Somtimes inheritances , crowns , and dignities are so interested and annext in their common peace and good to such or such lineall descent , that it may prove a great moment both in the affairs of men and of religion , to consider throughly what might be don heerin , notwithstanding the way wardnes of our School Doctors . Gen. 2. 18. And the Lord said , It is not good that man should be alone ; I will make him a help meet for him . V. 23. And Adam said , &c. V. 24. Therefore shall a man leave , &c. THis second Chapter is granted to be a Commentary on the first ; and these verses granted to be an exposition of that former verse , Male and female created he them , and yet when this male and female is by the explicite words of God himselfe heer declar'd to be not meant other then a fit help , and meet society ; som who would ingrosse to themselves the whole trade of interpreting , will not suffer the cleer text of God to doe the office of explaining it self . [ And the Lord God said it is not good . ] A man would think that the consideration of who spake , should raise up the attention of our minds to enquire better , and obey the purpos of so great a Speaker : for as we order the busines of Mariage , that which he heer speaks is all made vain ; and in the decision of matrimony , or not matrimony , nothing at all regarded . Our presumption , hath utterly chang'd the state and condition of this ordinance : God ordain'd it in love and helpfulnes to be indissoluble , and we in outward act and formality to be a forc't bondage ; so that being subject to a thousand errors in the best men , if it prove a blessing to any , it is of meer accident , as mans law hath handl'd it , and not of institution . [ It is not good for man to be alone . ] Hitherto all things that have bin nam'd , were approv'd of God to be very good : lonelines is the first thing which Gods eye nam'd not good : whether it be a thing , or the want of somthing , I labour not ; let it be their tendance , who have the art to be industriously idle . And heer alone is meant alone without woman ; otherwise Adam had the company of God himself , and Angels to convers with ; all creatures to delight him seriously , or to make him sport . God could have created him out of the same mould a thousand friends and brother Adams to have bin his consorts , yet for all this till Eve was giv'n him , God reckn'd him to be alone . [ It is not good . ] God heer presents himself like to a man deliberating ; both to shew us that the matter is of high consequence , and that he intended to found it according to naturall reason , not impulsive command , but that the duty should arise from the reason of it , not the reason be swallow'd up in a reasonlesse duty . Not good , was as much to Adam before his fall , as not pleasing , not expedient ; but since the comming of sin into the world , to him who hath not receiv'd the continence , it is not only not expedient to be alone , but plainly sinfull . And therefore he who wilfully abstains from mariage , not being supernaturally gifted , and he who by making the yoke of mariage unjust and intolerable , causes men to abhorr it , are both in a diabolicall sin , equall to that of Antichrist who forbids to marry . For what difference at all whether he abstain men from marying , or restrain them in a mariage hapning totally discommodious , distastfull , dishonest and pernicious to him without the appearance of his fault ? For God does not heer precisely say , I make a female to this male , as he did briefly before , but expounding himselfe heer on purpos , he saith , because it is not good for man to be alone , I make him therefore a meet help . God supplies the privation of not good , with the perfect gift of a reall and positive good ; it is mans pervers cooking who hath turn'd this bounty of God into a Scorpion , either by weak and shallow constructions , or by proud arrogance and cruelty to them who neither in their purposes nor in their actions have offended against the due honour of wedlock . Now whereas the Apostle speaking in the Spirit , 1 Cor. 7. pronounces quite contrary to this word of God , It is good for a man not to touch a woman , and God cannot contradict himself , it instructs us that his commands and words , especially such as bear the manifest title of som good to man , are not to be so strictly wrung , as to command without regard to the most naturall and miserable necessities of mankind . Therefore the Apostle adds a limitation in the 26 v. of that chap. for the present necessity it is good ; which he gives us doubtlesse as a pattern how to reconcile other places by the generall rule of charity . [ For man to be alone . ] Som would have the sense heerof to be in respect of procreation only : and Austin contests that manly friendship in all other regards had bin a more becomming solace for Adam , then to spend so many secret years in an empty world with one woman . But our Writers deservedly reject this crabbed opinion ; and defend that there is a peculiar comfort in the maried state besides the genial bed , which no other society affords . No mortall nature can endure either in the actions of Religion , or study of wisdome , without somtime slackning the cords of intense thought and labour : which lest we should think faulty , God himself conceals us not his own recreations before the world was built ; I was , saith the eternall wisdome , dayly his delight , playing alwayes before him . And to him indeed wisdom is as a high towr of pleasure , but to us a steep hill , and we toyling ever about the bottom : he executes with ease the exploits of his omnipotence , as easie as with us it is to will : but no worthy enterprise can be don by us without continuall plodding and wearisomnes to our faint and sensitive abilities . We cannot therefore alwayes be contemplative , or pragmaticall abroad , but have need of som delightfull intermissions , wherin the enlarg'd soul may leav off a while her severe schooling ; and like a glad youth in wandring vacancy , may keep her hollidaies to joy and harmles pastime : which as she cannot well doe without company , so in no company so well as where the different sexe in most resembling unlikenes , and most unlike resemblance cannot but please best and be pleas'd in the aptitude of that variety . Wherof lest we should be too timorous , in the aw that our flat sages would form us and dresse us , wisest Salomon among his gravest Proverbs countenances a kinde of ravishment and erring fondnes in the entertainment of wedded leisures ; and in the Song of Songs , which is generally beleev'd , even in the jolliest expressions to figure the spousals of the Church with Christ , sings of a thousand raptures between those two lovely ones farre on the hither side of carnall enjoyment . By these instances , and more which might be brought , we may imagine how indulgently God provided against mans lonelines ; that he approv'd it not , as by himself declar'd not good ; that he approv'd the remedy therof , as of his own ordaining , consequently good ; and as he ordain'd it , so doubtles proportionably to our fal n estate he gives it ; els were his ordinance at least in vain , and we for all his gift still empty handed . Nay such an unbounteous giver we should make him , as in the fables Jupiter was to Ixion , giving him a cloud instead of Juno , giving him a monstrous issue by her , the breed of Centaures a neglected and unlov'd race , the fruits of a delufive mariage , and lastly giving him her with a damnation to that wheele in hell , from a life thrown into the midst of temptations and disorders . But God is no deceitfull giver , to bestow that on us for a remedy of lonelines , which if it bring not a sociable minde as well as a conjunctive body , leavs us no lesse alone then before ; and if it bring a minde perpetually avers and disagreeable , betraies us to a wors condition then the most deserted lonelines . God cannot in the justice of his own promise and institution so unexpectedly mock us by forcing that upon us as the remedy of solitude , which wraps us in a misery worse then any wildernes , as the Spirit of God himself judges , Prov. 19. especially knowing that the best and wisest men amidst the sincere and most cordiall designes of their heart doe dayly erre in choosing . We may conclude therfore seeing orthodoxall Expositers confesse to our hands , that by lonelines is not only meant the want of copulation , and that man is not lesse alone by turning in a body to him , unlesse there be within it a minde answerable , that it is a work more worthy the care and consultation of God to provide for the worthiest part of man which is his minde , and not unnaturally to set it beneath the formalities and respects of the body , to make it a servant of its owne vassal , I say we may conclude that such a mariage , wherin the minde is so disgrac't and vilify'd below the bodies interest , and can have no just or tolerable contentment , is not of Gods institution , and therfore no mariage . Nay in concluding this , I say we conclude no more then what the common Expositers themselves give us , both in that which I have recited and much more hereafter . But the truth is , they give us in such a manner , as they who leav their own mature positions like the eggs of an Ostrich in the dust ; I do but lay them in the sun ; their own pregnancies hatch the truth ; and I am taxt of novelties and strange producements , while they , like that inconsiderat bird , know not that these are their own naturall breed . [ I will make him a help meet for him . ] Heer the heavnly instituter , as if he labour'd , not to be mistak'n by the supercilious hypocrisie of those that love to maister their brethren , and to make us sure that he gave us not now a servil yoke , but an amiable knot ; contents not himself to say , I will make him a wife , but resolving to give us first the meaning before the name of a wife , saith graciously , I will make him a help meet for him . And heer again , as before , I doe not require more full and fair deductions then the whole consent of our Divines usually raise from this text , that in matrimony there must be first a mutuall help to piety , next to civill fellowship of love and amity , then to generation , so to houshold affairs , lastly the remedy of incontinence . And commonly they reck'n them in such order , as leavs generation and incontinence to be last consider'd . This I amaze me at , that though all the superior and nobler ends both of mariage and of the maried persons he absolutely frustrat , the matrimony stirs not , looses no hold , remains as rooted as the center : but if the body bring but in a complaint of frigidity , by that cold application only , this adamantine Alpe of wedlock has leav to dissolve ; which els all the machinations of religious or civill reason at the suit of a distressed mind , either for divine worship or humane conversation violated , cannot unfasten . What courts of concupiscence are these , wherin fleshly appetite is heard before right reason , lust before love or devotion ? They may be pious Christians together , they may be loving and friendly , they may be helpfull to each other in the family , but they cannot couple ; that shall divorce them though either party would not . They can neither serv God together , nor one be at peace with the other , nor be good in the family one to other , but live as they were dead , or live as they were deadly enemies in a cage together ; t is all one , they can couple , they shall not divorce till death , no though this sentence be their death . What is this , besides tyranny , but to turn nature upside down , to make both religion , and the minde of man wait upon the slavish errands of the body , and not the body to follow either the sanctity , or the sovranty of the mind unspeakably wrong'd , and with all equity complaining ? What is this but to abuse the sacred and misterious bed of mariage to be the compulsive stie of an ingratefull and malignant lust , stirr'd up only from a carnall acrimony , withour either love or peace , or regard to any other thing holy or human . This I admire how possibly it should inhabit thus long in the sense of so many disputing Theologians , unlesse it be the lowest lees of a canonicall infection liver-grown to their sides ; which perhaps will never uncling , without the strong abstersive of som heroick magistrat , whole mind equall to his high office dares lead him both to know and to do without their frivolous case-putting . For certain he shall have God and this institution plainly on his side . And if it be true both in divinity and law , that consent alone , though copulation never follow , makes a mariage , how can they dissolv it for the want of that which made it not , and not dissolv it for that not continuing which made it , and should preserve it in love and reason , and difference it from a brute conjugality . [ Meet for him . ] The originall heer is more expressive then other languages word for word can render it ; but all agree effectuall conformity of disposition and affection to be heerby signify'd ; which God as it were not satisfy'd with the naming of a help , goes on describing another self , a secondself , a very self it self . Yet now there is nothing in the life of man through our misconstruction , made more uncertain , more hazardous and full of chance then this divine blessing with such favorable significance heer conferr'd upon us , which if we do but erre in our choice the most unblamable error that can be , erre but one minute , one moment after those mighty syllables pronounc't which take upon them to joyn heavn and hell together unpardnably till death pardon , this divine blessing that lookt but now with such a human smile upon us , and spoke such gentle reason , strait vanishes like a fair skie and brings on such a scene of cloud and tempest , as turns all to shipwrack without havn or shoar but to a ransomles captivity . And then they tell us it is our sin ; but let them be told again , that sin through the mercy of God hath not made such wast upon us , as to make utterly void to our use any temporall benefit , much lesse any so much a vailing to a peacefull and sanctify'd life , meerly for a most incident error which no warines can certainly shun . And wherfore servs our happy redemption , and the liberty we have in Christ , but to deliver us from calamirous yokes not to beliv'd under without the endangerment of our souls , and to restore us in som competent measure to a right in every good thing both of this life , and the other . Thus we see how treatably and distinctly God hath heer taught us what the prime ends of mariage are , mutuall solace and help . That we are now , upon the most irreprehensible mistake in choosing , defeated and defrauded of all this originall benignity , was begun first through the snare of Antichristian canons long since obtruded upon the Church of Rome , and not yet scour●d off by reformation , out of a lingting vain-glory that abides among us to make fair shews in formall ordinances , and to enjoyn continence & bearing of crosses in such a garb as no Scripture binds us , under the thickest arrows of temptation , where we need not stand . Now we shall see with what acknowledgement and assent Adam receiv'd this new associat , which God brought him . V. 23. And Adam said this is now bone of my bones , and flesh of my flesh , she shall be called Woman , because she was tak'n out of Man. That there was a neerer alliance between Adam and Eve , then could be ever after between man and wife , is visible to any . For no other woman was ever moulded out of her husbands rib , but of meer strangers for the most part they com to have that consanguinity which they have by wedlock . And if we look neerly upon the matter , though mariage be most agreeable to holines , to purity and justice , yet is it not a naturall , but a civill and ordain'd relation . For if it were in nature , no law or crime could disanull it , to make a wife , or husband , otherwise then still a wife or husband , but only death ; as nothing but that can make a father no father , or a son no son . But divorce for adultery or desertion , as all our Churches agree but England , not only separats , but nullifies , and extinguishes the relation it self of matrimony , so that they are no more man and wife ; otherwise the innocent party could not marry else-where , without the guilt of adultery ; next were it meerly naturall why was it heer ordain'd more then the rest of morall law to man in his originall rectitude , in whose brest all that was naturall or morall was engrav'n without externall constitutions and edicts . Adam therfore in these words does not establish an indissoluble bond of mariage in the carnall ligaments of flesh and bones , for if he did , it would belong only to himself in the literall sense ; every one of us being neerer in flesh of flesh , and bone of bones to our parents then to a wife ; they therfore were not to be left for her in that respect . But Adam who had the wisdom giv'n him to know all creatures , and to name them according to their properties , no doubt but had the gift to discern perfectly , that which concern'd him much more ; and to apprehend at first sight the true fitnes of that consort which God provided him . And therfore spake in reference to those words which God pronounc't before ; as if he had said , this is she by whose meet help and society I shall no more be alone ; this is she who was made my image , ev'n as I the Image of God ; not so much in body , as in unity of mind and heart . And he might as easily know what were the words of God , as he knew so readily what had bin don with his rib , while he slept so soundly . He might well know , if God took a rib out of his inside , to form of it a double good to him , he would far sooner dis-joyn it from his outside , to prevent a treble mischief to him : and far sooner cut it quite off from all relation for his undoubted ease , then nail it into his body again , to stick for ever there a thorn in his heart . When as nature teaches us to divide any limb from the body to the saving of his fellows , though it be the maiming and deformity of the whole ; how much more is it her doctrin to sever by incision , not a true limb so much , though that be lawfull , but an adherent , a sore , the gangrene of a limb , to the recovery of a whole man. But if in these words we shall make Adam to erect a new establishment of mariage in the meer flesh , which God so lately had instituted , and founded in the sweet and mild familiarity of love and solace and mutuall fitnes , what do we but use the mouth of our generall parent , the first time it opens , to an arrogant opposition , and correcting of Gods wiser ordinance . These words therfore cannot import any thing new in mariage , but either that which belongs to Adam only , or to us in reference only to the instituting words of God which made a meet help against lonelines . Adam spake like Adam the words of flesh and bones , the shell and rinde of matrimony : but God spake like God , of love and solace and meet help , the soul both of Adams words and of matrimony . V. 24. Therefore shall a man leav his father and his mother , and shall cleav unto his wife ; and they shall be one flesh . This vers , as our common heed expounds it , is the great knot tier , which hath undon by tying , and by tangling , millions of guiltles consciences : this is that greisly Porter , who having drawn men and wisest men by suttle allurement within the train of an unhappy matrimony , claps the dungeon gate upon them , as irrecoverable as the grave . But if we view him well , and hear him with not too hasty and prejudicant ears , we shall finde no such terror in him . For first , it is not heer said absolutely without all reason he shall cleave to his wife , be it to his weal or to his destruction as it happens , but he shall doe this upon the premises and considerations of that meet help and society before mention'd , Therefore he shall cleave to his wife , no otherwise a wife , then a fit help . He is not bid to leave the dear cohabitation of his father , mother , brothers and sisters , to link himself inseparably with the meer carcas of a Mariage , perhaps an enemy . This joyning particle Therefore is in all equity , nay in all necessity of construction to comprehend first and most principally what God spake concerning the inward essence of Mariage in his institution : that we may learn how far to attend what Adam spake of the outward materials therof in his approbation . For if we shall bind these words of Adam only to a corporall meaning , and that the force of this injunction upon all us his sons to live individually with any woman which hath befaln us in the most mistak'n wedlock , shall consist not in those morall and relative causes of Eves creation , but in the meer anatomy of a rib , and that Adams insight concerning wedlock reacht no furder , we shall make him as very an idiot as the Socinians make him ; which would not be reverently don of us . Let us be content to allow our great forefather so much wisdom , as to take the instituting words of God along with him into this sentence , which if they be well minded , wil assure us that flesh and ribs are but of a weak and dead efficacy to keep Mariage united where there is no other fitnes . The rib of Mariage , to all since Adam , is a relation much rather then a bone ; the nerves and sinews therof are love and meet help , they knit not every couple that maries , and where they knit they seldom break , but where they break , which for the most part is where they never truly joyn'd , to such at the same instant both flesh and rib cease to be in common ; so that heer they argue nothing to the continuance of a false or violated Mariage , but must be led back to receive their meaning from those institutive words of God which give them all the life and vigor they have . [ Therefore shall a man leav his father , &c. ] What to a mans thinking more plain by this appointment , that the fatherly power should give place to conjugall prerogative ? yet it is generally held by reformed writers against the Papist , that though in persons at discretion the Mariage in it self be never so fit , though it be fully accomplisht with benediction , board and bed , yet the father not consenting , his main will without dispute shall dissolv all . And this they affirm only from collective reason , not any direct law : for that in Exod. 22. 17. which is most particular , speaks that a father may refuse to marry his daughter to one who hath deflour'd her , not that he may take her away from one who hath soberly married her . Yet because the generall honor due to parents is great , they hold he may , and perhaps hold not amisse . But again when the question is of barsh and rugged parents who deferr to bestow their childern seasonably , they agree joyntly that the Church or Magistrat may bestow them , though without the Fathers consent : and for this they have no express autority in Scripture . So that they may see by thir own handling of this very place , that it is not the stubborn letter must govern us , but the divine and softning breath of charity which turns and windes the dictat of every positive command , and shapes it to the good of mankind . Shall the outward accessory of a Fathers will wanting , rend the fittest and most affectionat mariage in twain , after all nuptial consummations , and shall not the want of love and the privation of all civil and religious concord , which is the inward essence of wedlock , doe as much to part those who were never truly wedded ? shall a Father have this power to vindicate his own wilfull honour and autority to the utter breach of a most dearly-united mariage , and shall not a man in his own power have the permission to free his Soul , his life , and all his comfort of life from the disastre of a no-mariage . Shall fatherhood , which is but man , for his own pleasure dissolve matrimony , and shall not matrimony , which is Gods Ordinance , for its own honour and better conservation , dissolv it self , when it is wrong , and not fitted to any of the cheif ends which it owes us ? [ And they shall bee one flesh . ] These words also inferre that there ought to be an individualty in Mariage ; but without all question presuppose the joyning causes . Not a rule yet that we have met with , so universall in this whole institution , but hath admitted limitations and conditions according to human necessity . The very foundation of Matrimony , though God laid it so deliberatly , that it is not good for man to bee alone holds not always , if the Apostle can secure us . Soon after wee are bid leav Father and Mother , and cleav to a Wife , but must understand the Fathers consent withall , els not . Cleav to a Wife , but let her bee a wife , let her be a meet help , a solace , not a nothing , not an adversary , not a defertrice ; can any law or command be so unreasonable as to make men cleav to calamity , to ruin , to perdition ? In like manner heer , They shall be one flesh : but let the causes hold , and be made really good , which only have the possibility to make them one flesh . Wee know that flesh can neither joyn , nor keep together two bodies of it self ; what is it then must make them one flesh , but likenes , but fitnes of mind and disposition , which may breed the Spirit of concord , and union between them ? If that be not in the nature of either , and that there has bin a remediles mistake , as vain wee goe about to compell them into one flesh , as if wee undertook to weav a garment of drie sand . It were more easy to compell the vegetable and nutritive power of nature to assimilations and mixtures which are not alterable each by other ; or force the concoctive stomach to turn that into flesh which is so totally unlike that substance , as not to be wrought on . For as the unity of minde is neerer and greater then the union of bodies , so doubtles , is the dissimilitude greater , and more dividuall , as that which makes between bodies all difference and distinction . Especially when as besides the singular and substantial differences of every Soul , there is an intimat quality of good or evil , through the whol progeny of Adam , which like a radical heat , or mortal chilnes joyns them , or disjoyns them irresistibly . In whom therefore either the will , or the faculty is found to have never joyn'd , or now not to continue so , 't is not to say , they shall be one flesh , for they cannot be one flesh . God commands not impossibilities ; and all the Ecclesiastical glue , that Liturgy , or Laymen can compound , is not able to soder up two such incongruous natures into the one flesh of a true beseeming Mariage . Why did Moses then set down thir uniting into one flesh ? And I again ask , why the Gospel so oft repeats the eating of our Saviours flesh , the drinking of his blood ? That wee are one body with him , the members of his body , flesh of his flesh and bone of his bone . Ephes . 5. Yet lest wee should be Capernaitans , as wee are told there that the flesh profiteth nothing , so wee are told heer , if we be not as deaf as adders , that this union of the flesh proceeds from the union of a fit help and solace . Wee know that there was never a more spiritual mystery then this Gospel taught us under the terms of body and flesh ; yet nothing less intended then that wee should stick there . What a stupidnes then is it , that in Mariage , which is the neerest resemblance of our union with Christ , wee should deject our selvs to such a sluggish and underfoot Philosophy , as to esteem the validity of Mariage meerly by the flesh ; though never so brokn and disjoynted from love and peace , which only can give a human qualification to that act of the flesh , and distinguish it from bestial . The Text therefore uses this phrase , that they shall bee one flesh , to justify and make legitimat the rites of Mariage bed ; which was not unneedfull , if for all this warrant , they were suspected of pollution by some sects of Philosophy , and Religions of old , and latelier among the Papists , and other heretics elder then they . Som think there is a high mystery in those words , from that which Paul saith of them , Ephes . 5. This is a great mystery , but I speak of Christ and the Church : and thence they would conclude mariage to be inseparable . For me I dispute not now whether matrimony bee a mystery or no ; if it bee of Christ and his Church , certainly it is not meant of every ungodly and miswedded mariage , but then only mysterious , when it is a holy , happy , and peacefull match . But when a Saint is joyn'd with a reprobate , or both alike , wicked with wicked , fool with fool , a hee drunkard with a she , when the bed hath bin nothing els for twenty yeares or more , but an old haunt of lust and malice mixt together , no love , no goodnes , no loyalty , but counterplotting , and secret wishing one anothers dissolution , this is to me the greatest mystery in the world , if such a mariage as this , can be the mystery of ought , unless it bee the mystery of iniquity : According to that which Paraeus cites out of Chrysostom , that a bad wife is a help for the devill , and the like may be said of a bad husband . Since therfore none but a fit and pious matrimony can signify the union of Christ and his Church , ther cannot hence be any hindrance of divorce to that wedlock wherin ther can be no good mystery . Rather it might to a Christian Conscience bee matter of finding it self so much less satisfy'd then before , in the continuance of an unhappy yoke , wherein there can be no representation either of Christ , or of his Church . Thus having enquir'd the institution how it was in the beginning , both from the 1 Chap. of Gen , where it was only mention'd in part , and from the second , where it was plainly and evidently instituted , and having attended each clause and word necessary , with a diligence not drousy , wee shall now fix with som advantage ; and by a short view backward gather up the ground wee have gon ; and summ up the strength wee have , into one argumentative head , with that organic force that logic proffers us . All arts acknowledge that then only we know certainly , when we can define ; for definition is that which refines the pure essence of things from the circumstance . If therfore we can attain in this our Controversy to define exactly what mariage is , wee shall soon lern , when there is a nullity thereof , and when a divorce . The part therfore of this Chapter which hath bin heer treated , doth orderly and readily resolv it self into a definition of mariage , and a consectary from thence . To the definition these words cheifly contribute . It is not good , &c. I will make , &c. Where the consectary begins this connexion Therfore informs us , Therfore shall a man , &c. Definition is decreed by Logicians to consist only of causes constituting the essence of a thing , What is not therfore among the causes constituting mariage , must not stay in the definition . Those causes are concluded to be matter , and , as the Artist calls it , Form. But inasmuch as the same thing may be a cause more waies then one , and that in relations and institutions which have no corporal subsistence , but only a respective beeing , the Form by which the thing is what it is , is oft so slender and undistinguishable , that it would soon confuse , were it not sustain'd by the efficient and final causes , which concurre to make up the form invalid otherwise of it self , it will bee needfull to take in all the fowr causes into the definition . First therfore the material cause of matrimony is man and woman ; the Author and efficient , God and their consent , the internal Form and soul of this relation , is conjugal love arising from a mutual fitnes to the final causes of wedlock , help and society in Religious , Civil and Domestic conversation , which includes as an inferior end the fulfilling of natural desire , and specifical increase ; these are the final causes both moving the efficient , and perfeting the form . And although copulation be consider'd among the ends of mariage , yet the act therof in a right esteem can no longer be matrimonial , then it is an effect of conjugal love . When love findes it self utterly unmatcht , and justly vanishes , nay rather cannot but vanish , the fleshly act indeed may continue , but not holy , not pure , not beseeming the sacred bond of mariage ; beeing at best but an animal excretion , but more truly wors and more ignoble then that mute kindlyness among the heards and flocks : in that proceeding as it ought from intellective principles , it participates of nothing rational , but that which the feild and the fould equalls . For in human actions the soule is the agent , the body in a manner passive . If then the body doe out of sensitive force , what the soul complies not with , how can man , and not rather somthing beneath man be thought the doer . But to proceed in the persute of an accurat definition , it will a vail us somthing , and whet our thoughts , to examin what fabric heerof others have already reard . Paraeus on Gen. defines Mariage to be an indissoluble conjunction of one man and one woman to an individual and intimat conversation , and mutual benevolence , &c. Wherin is to be markt his placing of intimat conversation before bodily benevolence ; for bodily is meant , though indeed benevolence rather sounds will then body . Why then shall divorce be granted for want of bodily performance , and not for want of fitnes to intimat conversation , when as corporal benevolence cannot in any human fashion bee without this ? Thus his definition places the ends of Mariage in one order , and esteems them in another . His Tautology also of indissoluble and individual is not to be imitated ; especially since neither indissoluble , nor individual hath ought to doe in the exact definition , beeing but a consectary flowing from thence , as appears by plain Scripture , Therfore shall a man leav , &c. For Mariage is not true mariage by beeing individual , but therfore individual , if it be true Mariage . No argument but causes enter the definition ; a Consectary is but the effect of those causes . Besides , that Mariage is indissoluble , is not Catholickly true ; wee know it dissoluble for Adultery , and for desertion by the verdit of all Reformed Churches . Dr. Ames defines it an individual conjunction of one man and one woman , to communion of body and mutual society of life ; But this perverts the order of God , who in the institution places meet help and society of life before communion of body . And vulgar estimation undervalues beyond comparison all society of life and communion of minde beneath the communion of body ; granting no divorce , but to the want , or miscommunicating of that . Hemingius , an approved Author , Melanchtons Scholler , and who next to Bucer and Erasmus writes of divorce most like a Divine , thus comprises , Mariage is a conjunction of one man and one woman lawfully consenting , into one flesh , for mutual helps sake , ordain'd of God. And in his explanation stands punctually upon the conditions of consent , that it be not in any main matter deluded , as beeing the life of wedloc , and no true marriage without a true consent . Into one flesh he expounds into one minde , as well as one body , and makes it the formal cause : Heerin only missing , while he puts the effect into his definition instead of the cause which the Text affords him . For one flesh is not the formal essence of wedloc , but one end , or one effect of a meet help ; The end oft times beeing the effect and fruit of the form , as Logic teaches : Els many aged and holy matrimonies , and more eminently that of Joseph and Mary , would bee no true mariage . And that maxim generally receiv'd , would be fals , that consent alone , though copulation never follow , makes the mariage . Therefore to consent lawfully into one flesh , is not the formal cause of Matrimony , but only one of the effects . The Civil Lawyers , and first Justinian or Tribonian defines Matrimony a conjunction of man and woman containing individual accustom of life . Wherin first , individual is not so bad as indissoluble put in by others : And although much cavil might be made in the distinguishing between indivisible , and individual , yet the one tak'n for possible , the other for actuall , neither the one nor the other can belong to the essence of mariage ; especially when a Civilian defines , by which Law mariage is actually divorc't for many causes , and with good leav , by mutual consent . Therfore where conjunction is said , they who comment the Institutes , agree that conjunction of minde is by the Law meant , not necessarily conjunction of body . That Law then had good reason attending to its own definition , that divorce should be granted for the breaking of that conjunction which it holds necessary , sooner then for the want of that conjunction which it holds not necessary . And wheras Tuningus a famous Lawyer excuses individual as the purpos of Mariage , not always the success , it suffices not . Purpos is not able to constitute the essence of a thing . Nature her self the universal Mother intends nothing but her own perfection and preservation ; yet is not the more indissoluble for that . The Pandects out of Modestinus , though not define , yet well describe Mariage , the conjunction of male and female , the society of all life , the communion of divine and human right : which Bucer also imitates on the fifth to the Ephesians . But it seems rather to comprehend the several ends of Mariage , then to contain the more constituting cause that makes it what it is . That I therefore among others ( for who sings not Hylas ) may give as well as take matter to be judg'd on , it will be lookt I should produce another definition then these which have not stood the tryal . Thus then I suppose that Mariage by the natural and plain order of Gods institution in the Text may be more demonstratively and essentially defin'd . Mariage is a divine institution joyning man and woman in a love fitly dispos'd to the helps and comforts of domestic life . A divine institution . This contains the prime efficient cause of Mariage ; as for consent of Parents and Guardians , it seems rather a concurrence then a cause ; for as many , that marry are in thir own power as not ; and where they are not thir own , yet are they not subjected beyond reason . Now though efficient causes are not requisite in a definition , yet divine institution hath such influence upon the Form , and is so a conserving cause of it , that without it the Form is not sufficient to distinguish matrimony from other conjunctions of male and female , which are not to be counted mariage . Joyning man and woman in a love , &c. This brings in the parties consent ; until which be , the mariage hath no true beeing . When I say consent , I mean not error , for error is not properly consent : And why should not consent be heer understood with equity and good to either part , as in all other freindly covnants , and not be strain'd and cruelly urg'd to the mischeif and destruction of both ? Neither doe I mean that singular act of consent which made the contract , for that may remain , and yet the mariage not true nor lawful ; and that may cease , and yet the mariage both true and lawful , to their sin that break it . So that either as no efficient at all , or but a transitory , it comes not into the definition . That consent I mean which is a love fitly dispos'd to mutual help and comfort of life ; this is that happy Form of mariage naturally arising from the very heart of divine institution in the Text , in all the former definitions either obscurely , and under mistak'n terms exprest , or not at all . This gives mariage all her due , all her benefits , all her beeing , all her distinct and proper beeing . This makes a mariage not a bondage , a blessing not a curse , a gift of God not a snare . Unless ther be a love , and that love born of fitnes , how can it last ? unless it last how can the best and sweetest purposes of mariage be attain'd , and they not attain'd , which are the cheif ends , and with a lawful love constitute the formal cause it self of mariage , how can the essence thereof subsist , how can it bee indeed what it goes for ? Conclude therfore by all the power of reason , that where this essence of mariage is not , there can bee no true mariage ; and the parties either one of them , or both are free , and without fault rather by a nullity , then by a divorce may betake them to a second choys ; if thir present condition be not tolerable to them . If any shall ask , why domestic in the definition ? I answer , that because both in the Scriptures , and in the gravest Poets and Philosophers I finde the properties and excellencies of a wife set out only from domestic vertues ; if they extend furder , it diffuses them into the notion of som more common duty then matrimonial . Thus farre of the definition ; the Consectary which flows from thence , and altogether depends theron , is manifestly brought in by this connexive particle Therfore ; and branches it self into a double consequence ; First individual Society , therfore shall a man leav father and mother : Secondly conjugal benevolence , and they shall bee one flesh . Which as was shewn , is not without cause heer mention'd , to prevent and to abolish the suspect of pollution in that natural and undefiled act . These consequences therfore cannot either in Religion , Law , or Reason bee bound , and posted upon mankind to his sorrow and misery , but receiv what force they have from the meetnes of help and solace , which is the formal cause and end of that definition that sustains them . And although it be not for the Majesty of Scripture to humble her self in artificial theorems , and definitions , and Corollaries , like a professor in the Schools , but looks to be analys'd , and interpreted by the logical industry of her Disciples and followers , and to bee reduc't by them , as oft as need is , into those Sciential rules , which are the implements of instruction , yet Moses , as if foreseeing the miserable work that mans ignorance and pusillanimity would make in this matrimonious busines , and endevouring his utmost to prevent it , condescends in this place to such a methodical and School-like way of defining , and consequencing , as in no place of the whole Law more . Thus wee have seen , and if wee be not contentious , may know what was Mariage in the beginning , to which in the Gospel wee are referr'd ; and what from hence to judge of nullity , or divorce , Heer I esteem the work don ; in this field the controversie decided ; but because other places of Scripture seem to look aversly upon this our decision , although indeed they keep all harmony with it , and because it is a better work to reconcile the seeming diversities of Scripture , then the reall dissentions of neerest friends , I shall assay in three following Discourses to perform that Office. Deut. 24. 1 , 2. 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 som uncleannes in her , then let him write her a bill of divercement , and give it in her hand , and send her out of his house . 2 And when she is departed out of his house , she may goe and be another mans wife . THat which is the only discommodity of speaking in a cleer matter , the abundance of argument that presses to bee utter'd , and the suspence of judgement what to choose , and how in the multitude of reason , to be not tedious , is the greatest difficulty which I expect heer to meet with . Yet much hath bin said formerly concerning this Law in the Doctrins of divorce ; Wherof I shall repeat no more then what is necessary . Two things are heer doubted : First , and that but of late , whether this bee a Law or no , next what this reason of uncleannes might mean for which the Law is granted ; That it is a plain Law no man ever question'd , till Vatablus within these hunder'd years profess'd Hebrew at Paris , a man of no Religion , as Beza deciphers him . Yet som there be who follow him , not only against the current of all antiquity , both Jewish and Christian , but the evidence of Scripture also , Malach. 2. 16. Let him who hateth put away saith the Lord God of Israel . Although this place also hath bin tamper'd with , as if it were to be thus render'd , The Lord God saith , that hee hateth putting away . But this new interpretation rests only in the autority of Junius ; for neither Calvin , nor Vatablus himself , nor any other known Divine so interpreted before . And they of best note who have translated the Scripture since , and Diodati for one , follow not his reading . And perhaps they might reject it , if for nothing els , for these two reasons : First , it introduces in a new manner the person of God speaking less Majestic then he is ever wont ; When God speaks by his Profet , he ever speaks in the first person ; thereby signifying his Majesty and omni-presence . Hee would have said , I hate putting away , saith the Lord ; and not sent word by Malachi in a sudden faln stile , The Lord God saith that hee hateth putting away : that were a phrase to shrink the glorious omnipresence of God speaking , into a kind of circumscriptive absence . And were as if a Herald in the Atcheivment of a King , should commit the indecorum to set his helmet sidewaies and close , not full fac't and open in the posture of direction and command . Wee cannot think therfore that this last Profet would thus in a new fashion absent the person of God from his own words as if he came not along with them . For it would also be wide from the proper scope of this place : hee that reads attentively will soon perceav , that God blames not heer the Jews for putting away thir wives , but for keeping strange Concubines , to the profaning of Juda's holines , and the vexation of thir Hebrew wives , v. 11. and 14. Judah hath maried the daughter of a strange God : And exhorts them rather to put thir wives away whom they hate , as the Law permitted , then to keep them under such affronts . And it is receiv'd that this Profet livd in those times of Ezra and Nehemiah ( nay by som is thought to bee Ezra himself ) when the people were forc't by these two Worthies to put thir strange wives away . So that what the story of those times , and the plain context of the 11 verse , from whence this rebuke begins , can give us to conjecture of the obscure and curt Ebraisms that follow , this Profet does not forbid putting away , but forbids keeping , and commands putting away according to Gods Law , which is the plainest interpreter both of what God will , and what he can best suffer . Thus much evinces that God there commanded divorce by Malachi , and this confirmes that he commands it also heer by Moses . I may the less doubt to mention by the way an Author , though counted Apocryphal , yet of no small account for piety and wisdom , the Author of Ecclesiasticus . Which Book begun by the Grand-father of that Jesus who is call'd the Son of Sirach , might have bin writt'n in part , not much after the time when Malachi livd ; if wee compute by the Reigne of Ptolemaeus Euergetes . It professes to explain the Law and the Profets ; and yet exhorts us to divorce for incurable causes , and to cut off from the flesh those whom it there describes , Ecclesiastic . 25. 26. Which doubtles that wise and ancient Writer would never have advis'd , had either Malachi so lately forbidd'n it , or the Law by a full precept not left it lawful ▪ But I urge not this for want of better prooff ; our Saviour himself allows divorce to be a command , Mark. 10. 3. 5. Neither doe they weak'n this assertion , who say it was only a sufferance , as shall be prov'd at large in that place of Matthew . But suppose it were not a writt'n Law , they never can deny it was a custom , and so effect nothing . For the same reasons that induce them why it should not bee a law , will strair'n them as hard why it should bee allow'd a custom . All custom is either evil or not evil ; if it be evil , this is the very end of Law-giving , to abolish evil customs by wholsom Laws ; unless wee imagin Moses weaker then every negligent and startling Politician . If it be , as they make this of divorce to be , a custom against nature , against justice , against chastity , how , upon this most impure custom tolerated , could the God of purenes erect a nice and precise Law , that the wife marryed after divorce could not return to her former husband , as beeing defil'd ? What was all this following nicenes worth , built upon the leud foundation of a wicked thing allow'd ? In few words then , this custom of divorce either was allowable , or not allowable ; if not allowable , how could it be allow'd ? if it were allowable , all who understand Law will consent , that a tolerated custom hath the force of a Law , and is indeed no other but an unwritt'n Law , as Justinian calls it , and is as prevalent as any writt'n statute . So that thir shift of turning this Law into a custom wheels about , and gives the onset upon thir own flanks ; not disproving , but concluding it to be the more firm law , because it was without controversy a granted custom ; as cleer in the reason of common life , as those giv'n rules wheron Euclides builds his propositions . Thus beeing every way a Law of God , who can without blasphemy doubt it to be a just and pure Law. Moses continually disavows the giving them any statute , or judgement , but what hee learnt of God ; of whom also in his Song hee saith , Deut. 32. Hee is the rock , his work is perfet , all his waies are judgement , a God of truth and without iniquity , just and right is hee . And David testifies , the judgements of the Lord are true and righteous altogether . Not partly right and partly wrong , much less wrong altogether , as Divines of now adaies dare censure them . Moses again of that people to whom hee gave this Law saith , Deut. 14. Yee are the childern of the Lord your God , the Lord hath chosen thee to bee a peculiar people to himself above all the nations upon the earth , that thou shouldst keep all his Commandements ; and be high in praise , in name , and in honour , holy to the Lord , Chap. 26. And in the fourth , Behold I have taught you statutes and judgements eevn as the Lord my God commanded mee , keep therfore and doe them . For this is your wisdom and your understanding in the sight of Nations that shall hear all these Statutes and say , surely this great Nation is a wise and understanding people . For what Nation is ther so great , who hath God so nigh to them ? and what Nation that hath Statutes and Judgements so righteons as all this Law which I set before you this day ? Thus whether wee look at the purity and justice of God himself , the jealousy of his honour among other Nations , the holines and moral perfection which hee intended by his Law to teach this people , wee cannot possibly think how he could indure to let them slugg & grow inveteratly wicked , under base allowances , & whole adulterous lives by dispensation . They might not eat , they might not touch an unclean thing ; to what hypocrisy then were they train'd up , if by prescription of the same Law , they might be unjust , they might be adulterous for term of life ? forbid to soile thir garments with a coy imaginary pollution , but not forbid , but countnanc't and animated by Law to soile thir soules with deepest defilements . What more unlike to God , what more like that God should hate , then that his Law should bee so curious to wash vestures ; and so careles to leav unwasht , unregarded , so foul a scab of Egypt in thir Soules ? what would wee more ? the Statutes of the Lord are all pure and just : and if all , then this of Divorce . Because hee hath found som uncleannes in her . That wee may not esteem this law to bee a meer authorizing of licence , as the Pharises took it , Moses adds the reason , for som uncleannes found . Som heertofore have bin so ignorant , as to have thought , that this uncleannes means adultery . But Erasmus , who for having writ an excellent Treatise of Divorce , was wrote against by som burly standard Divine , perhaps of Cullen , or of Lovain , who calls himself Phimostomus , shews learnedly out of the Fathers with other Testimonies and Reasons , that uncleannes is not heer so understood ; defends his former work , though new to that age , and perhaps counted licentious , and fears not to ingage all his fame on the Argument . Afterward , when Expositers began to understand the Hebrew Text , which they had not done of many ages before , they translated word for word not uncleannes , but the nakednes of any thing ; and considering that nakednes is usually referr'd in Scripture to the minde as well as to the body , they constantly expound it any defect , annoyance , or ill quality in nature , which to bee joyn'd with , makes life tedious , and such company wors then solitude . So that heer will be no cause to vary from the generall consent of exposition , which gives us freely that God permitted divorce , for whatever was unalterably distastful , whether in body or mind . But with this admonishment , that if the Roman law especially in contracts and dowries left many things to equity with these cautions , exfide bonâ , quod aequius melius erit , ut inter bonos bene agier , wee will not grudge to think that God intended not licence heer to every humor , but to such remediles greevances as might move a good , and honest , and faithfull man then to divorce , when it can no more bee peace or comfort to either of them continuing thus joyn'd . And although it could not be avoided , bat that men of hard hearts would abuse this liberty , yet doubtles it was intended as all other privileges in Law are , to good men principally , to bad only by accident . So that the sin was not in the permission , nor simply in the action of divorce ( for then the permitting also had bin sin ) but only in the abuse . But that this Law should , as it were , bee wrung from God and Moses , only to serve the hard heartednes , and the lust of injurious men , how remote it is from all sense , and law , and honesty , and therfore surely from the meaning of Christ , shall abundantly be manifest in due order . Now although Moses needed not to adde other reason of this law then that one there exprest , yet to these ages wherin Canons , and Scotisms , and Lumbard Laws , have dull'd , and almost obliterated the lively Sculpture of ancient reason , and humanity , it will be requisit to heap reason upon reason , and all little enough to vindicat the whitenes and the innocence of this divine Law , from the calumny it findes at this day , of beeing a dore to licence and confusion . When as indeed there is not a judicial point in all Moses , consisting of more true equity , high wisdom , and God-like pitty then this Law ; not derogating , but preserving the honour and peace of Mariage , and exactly agreeing with the sense and mind of that institution in Genesis . For first , if Mariage be but an ordain'd relation , as it seems not more , it cannot take place above the prime dictats of nature ; and if it bee of natural right , yet it must yeeld to that which is more natural , and before it by eldership and precedence in nature . Now it is not natural that Hugh marries Beatrice , or Thomas Rebecca , beeing only a civill contract , and full of many chances , but that these men seek them meet helps , that only is natural ; and that they espouse them such , that only is mariage . But if they find them neither fit helps , nor tolerable society , what thing more natural , more original and first in nature then to depart from that which is irksom , greevous , actively hateful , and injurious eevn to hostility , especially in a conjugal respect , wherin antipathies are invincible , and wher the forc't abiding of the one , can bee no true good , no real comfort to the other . For if hee find no contentment from the other , how can he return it from himself , or no acceptance , how can hee mutually accept ? what more equal , more pious then to untie a civil knot for a natural enmity held by violence from parting , to dissolv an accidental conjunction of this or that man & woman , for the most natural and most necessary disagreement of meet from unmeet , guilty from guiltles , contrary from contrary ? It beeing certain that the mystical and blessed unity of mariage can bee no way more unhallow'd and profan'd , then by the forcible uniting of such disunions and separations . Which if wee see oft times they cannot joyn or peece up to a common friendship , or to a willing conversation in the same house , how should they possibly agree to the most familiar and united amity of wedlock ? Abraham and Lot , though dear friends and brethren in a strange Country , chose rather to part asunder , then to infect thir friendship with the strife of thir servants : Paul and Barnabas joyn'd together by the Holy Ghost to a Spiritual work , thought it better to separate when once they grew at variance . If these great Saints joynd by nature , friendship , religion , high providence , and revelation , could not so govern a casual difference , a sudden passion , but must in wisdom divide from the outward duties of a friendship , or a Collegueship in the same family , or in the same journey , lest it should grow to a wors division , can any thing bee more absurd and barbarous then that they whom only error , casualty , art or plot hath joynd , should be compell'd , not against a sudden passion but against the permanent and radical discords of nature , to the most intimat and incorporating duties of love and imbracement , therin only rational and human , as they are free and voluntary ; beeing els an abject and servile yoke , scars not brutish . And that there is in man such a peculiar sway of liking , or disliking in the affairs of matrimony is evidently seen before mariage among those who can bee freindly , can respect each other yet to marry each other would not for any perswasion . If then this unfitnes and disparity bee not till after mariage discover'd , through many causes , and colours , and concealements , that may overshadow ; undoubtedly it will produce the same effects and perhaps with more vehemence , that such a mistakn pair , would give the world to be unmarried again . And thir condition Solomon to the plain justification of divorce expresses , Prov. 30. 21. 23. Where hee rells us of his own accord , that a hated , or a hatefull woman , when shee is married , is a thing for which the earth is disquieted and cannot bear it ; thus giving divine testimony to this divine Law , which bids us nothing more then is the first and most innocent lesson of nature , to turn away peaceably from what afflicts and hazards our destruction ; especially when our staying can doe no good , and is expos'd to all evil . Secondly , It is unjust that any Ordinance ordain'd to the good and comfort of man , where that end is missing , without his fault , should be forc't upon him to an unsufferable misery and discomfort , if not commonly ruin . All Ordinances are establisht in thir end ; the end of Law is the vertu , is the righteousnes of Law. And therfore him wee count an ill Expounder who urges Law against the intention therof . The general end of every Ordinance , of every severest , every divinest , eevn of Sabbath is the good of man , yea his temporal good not excluded . But marriage is one of the benignest ordinances of God to man , wherof both the general and particular end is the peace and contentment of mans mind , as the institution declares . Contentment of body they grant , which if it bee defrauded , the plea of frigidity shall divorce : But heer lies the fadomles absurdity , that granting this for bodily defect , they will not grant it for any defect of the mind , any violation of religious or civil society . When as , if the argument of Christ bee firm against the ruler of the Synagogue , Luk. 13. Thou hypocrite , doth not each of you on the Sabbath day loos'n his Oxe or his Asse from the stall , and lead him to watering , and should not I unbind a daughter of Abraham from this bond of Satan ? it stands as good heer , yee have regard in mariage to the greevance of body , should you not regard more the greevances of the mind , seeing the Soul as much excells the body , as the outward man excells the Ass and more ; for that animal is yet a living creature , perfet in it self ; but the body without the Soul is a meer senseles trunck . No Ordinance therfore givn particularly to the good both spiritual and temporal of man , can bee urg'd upon him to his mischief , and if they yeeld this to the unworthier part , the body , wherabout are they in thir principles , that they yeeld it not to the more worthy , the mind of a good man ? Thirdly , As no Ordinance , so no Covnant , no not between God and man , much less between man and man , beeing as all are , intended to the good of both parties , can hold to the deluding or making miserable of them both . For equity is understood in every Covnant , eevn between enemies , though the terms bee not exprest . If equity therfore made it , extremity may dissolv it . But Mariage , they use to say , is the Covnant of God. Undoubted : and so is any covnant frequently call'd in Scripture , wherin God is call'd to witnes : the covnant of freindship between David and Jonathan , is call'd the Covnant of the Lord , 1 Sam. 20. The covnant of Zedechiah with the King of Babel , a Covnant to bee doubted whether lawfull or no , yet in respect of God invok't thereto , is call'd the Oath , and the Covnant of God , Ezech. 17. Mariage also is call'd the Covnant of God , Prov. 2. 17. Why , but as before , because God is the witnes therof , Malach. 2. 14. So that this denomination adds nothing to the Covnant of Mariage , above any other civil and solemn contract : nor is it more indissoluble for this reason then any other against the end of its own ordination , nor is any vow or Oath to God exacted with such a rigor , where superstition reignes not . For look how much divine the Covnant is , so much the more equal ; So much the more to bee expected that every article therof should bee fairly made good , no fals dealing , or unperforming should be thrust upon men without redress , if the covnant bee so divine . But faith they say must bee kept in Covnant , though to our dammage . I answer , that only holds true , where the other side performs , which failing , hee is no longer bound . Again , this is true , when the keeping of faith can bee of any use , or benefit to the other . But in Mariage a league of love and willingnes , if faith bee not willingly kept , it scars is worth the keeping ; nor can bee any delight to a generous minde , with whom it is forcibly kept : and the question still supposes the one brought to an impossibility of keeping it as hee ought , by the others default , and to keep it formally , not only with a thousand shifts and dissimulations , but with open anguish , perpetual sadnes and disturbance , no willingnes , no cheerfulnes , no contentment , cannot bee any good to a minde not basely poor and shallow , with whom the contract of love is so kept . A Covnant therfore brought to that passe , is on the unfaulty side without injury dissolv'd . Fourthly , The Law is not to neglect men under greatest sufferances , but to see Covnants of greatest moment faithfullest perform'd . And what injury comparable to that sustain'd in a frustrat and fals dealing Mariage , to loose , for anothers fault against him , the best portion of his temporal comforts , and of his spiritual too , as it may fall out . It was the Law , that for mans good and quiet , reduc't things to propriety , which were at first in common ; how much more Law-like were it to assist nature in disappropriating that evil which by continuing proper becomes destructive . But hee might have bewar'd . So hee might in any other covnant , wherin the Law does not constrain error to so dear a forfeit . And yet in these matters wherin the wisest are apt to erre , all the warines that can bee , oft times nothing avails . But the Law can compell the offending party to bee more duteous . Yes , if all these kind of offences were fit in public to bee complain'd on , or beeing compell'd were any satisfaction to a mate not sottish , or malicious . And these injuries work so vehemently , that if the Law remedy them not , by separating the cause when no way els will pacify , the person not releev'd betakes him either to such disorderly courses , or to such a dull dejection , as renders him either infamous , or useles to the service of God and his Country . Which the Law ought to prevent as a thing pernicious to the Common wealth ; and what better prevention then this which Moses us'd ? Fifthly , The Law is to tender the liberty and the human dignity of them that live under the Law , whether it bee the mans right above the woman , or the womans just appeal against wrong , and servitude . But the duties of mariage contain in them a duty of benevolence , which to doe by compulsion against the Soul , where ther can bee neither peace , nor joy , nor love , but an enthrallment to one who either cannot , or will not bee mutual in the godliest and the civilest ends of that society , is the ignoblest , and the lowest slavery that a human shape can bee put to . This Law therfore justly and piously provides against such an unmanly task of bondage as this . The civil Law , though it favour'd the setting free of a slave , yet if hee prov'd ungratefull to his Patron , reduc't him to a servil condition . If that Law did well to reduce from liberty to bondage for an ingratitude not the greatest , much more became it the Law of God to enact the restorement of a free born man from an unpurpos'd , and unworthy bondage to a rightfull liberty for the most unnatural fraud and ingratitude that can be committed against him . And if that Civilian Emperour in his tide of Donations , permit the giver to recall his guift from him who proves unthankful towards him , yea , though hee had subscrib'd and sign'd in the deed of his guift , not to recall it though for this very cause of ingratitude , with much more equity doth Moses permit heer the giver to recall no petty guift , but the guift of himself from one who most injuriously & deceitfully uses him against the main ends and conditions of his giving himself , exprest in Gods institution . Sixthly , Although ther bee nothing in the plain words of this Law , that seems to regard the afflictions of a wife , how great so ever , yet Expositers determin , and doubtles determin rightly , that God was not uncompassionat of them also in the framing of this Law. For should the rescript of Antoninus in the Civil Law give release to servants flying for refuge to the Emperours statue , by giving leav to change thir cruel Maisters , and should God who in his Law also is good to injur'd servants , by granting them thir freedom in divers cases , not consider the wrongs and miseries of a wife which is no servant . Though heerin the counter sense of our Divines , to me , I must confesse seems admirable ; who teach that God gave this as a mercifull Law , not for man whom he heer names , and to whom by name hee gives this power , but for the wife whom hee names not , and to whom by name hee gives no power at all . For certainly if man beliable to injuries in mariage , as well as woman , and man be the worthier person , it were a preposterous law to respect only the less worthy ; her whom God made for mariage , and not him at all for whom mariage was made . Seventhly , The Law of mariage gives place to the power of Parents : for wee hold that consent of Parents not had may break the wedlock , though els accomplisht . It gives place to maisterly power , for the Maister might take away from an Hebrew servant the wife which hee gave him , Exod. 21. If it be answer'd that the mariage of servants is no matrimony : t is reply'd , that this in the ancient Roman Law is true , not in the Mosaic . If it bee added , she was a stranger not an Hebrew , therfore easily divorc't , it will be answerd that strangers not beeing Canaanites , and they also beeing Converts might bee lawfully maryed , as Rahab was . And her conversion is heer suppos'd ; for an Hebrew maister could not lawfully give a heathen wife to an Hebrew servant . However , the divorcing of an Israelitish woman was as easy by the Law , as the divorcing of a stranger , and almost in the same words permitted , Deut. 24. and Deut. 21. Lastly , it gives place to the right of warr , for a captiv woman lawfully maryed , and afterward not belov'd , might bee dismist , only without ransom . Deut. 21. If mariage may bee dissolv'd by so many exterior powers , not superior , as wee think , why may not the power of mariage it self for its own peace and honour dissolv it self , wher the persons wedded be free persons , why may not a greater and more natural power complaining dissolv mariage ? for the ends why matrimony was ordain'd , are certainly and by all Logic above the Ordinance it self , why may not that dissolv mariage without which that institution hath no force at all ? for the prime ends of mariage , are the whole strength and validity therof , without which matrimony is like an Idol , nothing in the world . But those former allowances were all for hardnes of heart . Be that granted , untill we come where to understand it better : if the Law suffer thus farr the obstinacy of a bad man , is it not more righteous heer , to doe willingly what is but equal , to remove in season the extremities of a good man ? Eightly , If a man had deflowr'd a Virgin , or brought an ill name on his wife that shee came not a Virgin to him , hee was amerc't in certain shekles of Silver , and bound never to divorce her all his daies , Deut. 22. which shews that the Law gave no liberty to divorce , wher the injury was palpable ; and that the absolute forbidding to divorce , was in part the punishment of a deflowrer , and a defamer . Yet not so but that the wife questionles might depart when shee pleas'd . Otherwise this cours had not so much righted her , as deliverd her up to more spight and cruel usage . This Law therfore doth justly distinguish the privilege of an honest and blameles man in the matter of divorce from the punishment of a notorious offender . Ninthly , Suppose it might bee imputed to a man , that hee was too rash in his choyse and why took hee not better heed , let him now smart , and bear his folly as he may ; although the Law of God , that terrible law doe not thus upbraid the infirmities and unwilling mistakes of man in his integrity : But suppose these and the like proud aggravations of som stern hypocrite , more merciles in his mercies , then any literall Law in the vigor of severity , must be patiently heard ; yet all Law , and Gods Law especially grants every where to error easy remitments , eevn where the utmost penalty exacted were no undoing . With great reason therfore and mercy doth it heer not torment an error , if it be so , with the endurance of a whole life lost to all houshold comfort and society , a punishment of too vast and huge dimension for an error , and the more unreasonable for that the like objection may be oppos'd against the plea of divorcing for adultery ; hee might have lookt better before to her breeding under religious Parents : why did hee not then more diligently inquire into her manners , into what company she kept ? every glaunce of her eye , every step of her gate would have propheci'd adultery , if the quick sent of these discerners had bin took along ; they had the divination to have foretold you all this ; as they have now the divinity to punish an error inhumanly . As good reason to be content , and forc't to be content with your adultress , if these objecters might be the judges of human frailtie . But God more mild and good to man , then man to his brother , in all this liberty givn to divorcement , mentions not a word of our past errors and mistakes , if any were , which these men objecting from their own inventions prosecute with all violence and iniquity . For if the one bee to look so narrowly what hee takes , at the peril of ever keeping , why should not the other bee made as wary what is promis'd , by the peril of loosing ? for without those promises the treaty of mariage had not proceeded . Why should his own error bind him , rather then the others fraud acquit him ? Let the buyer beware , saith the old Law-beaten termer . Belike then ther is no more honesty , nor ingenuity in the bargain of a wedloc , then in the buying of a colt : Wee must it seems drive it on as craftily with those whose affinity wee seek , as if they were a pack of sale men and complotters . But the deceiver deceivs himself in the unprosperous mariage , and therin is sufficiently punisht . I answer , that the most of those who deceiv , are such as either understand not , or value not the true purposes of mariage ; they have the prey they seek , not the punishment : yet say it prove to them som cross , it is not equal that error and fraud should bee linkt in the same degree of forfeture , but rather that error should be acquitted , and fraud bereav'd his morsel : if the mistake were not on both sides , for then on both sides the acquitment will be reasonable , if the bondage be intolerable ; which this Law graciously determins , not unmindful of the wife , as was granted willingly to the common Expositers , though beyond the letter of this law , yet not beyond the spirit of charity . Tenthly , Mariage is a solemn thing , som say a holy , the resemblance of Christ and his Church ; and so indeed it is where the persons are truly religious ; and wee know all Sacred things not perform'd sincerely as they ought , are no way acceptable to God in thir outward formality . And that wherin it differs from personal duties , if they be not truly don , the fault is in our selves ; but mariage to be a true and pious mariage is not in the single power of any person ; the essence whereof , as of all other Covnants is in relation to another , the making and maintaining causes thereof are all mutual , and must be a communion of spiritual and temporal comforts . If then either of them cannot , or obstinatly will not be answerable in these duties , so as that the other can have no peaceful living , or enduring the want of what he justly seeks , and sees no hope , then strait from that dwelling love , which is the soul of wedloc , takes his flight , leaving only som cold performances of civil and common respects , but the true bond of mariage , if there were ever any there , is already burst like a rott'n thred . Then follows dissimulation , suspicion , fals colours , fals pretences , and wors then these , disturbance , annoyance , vexation , sorrow , temtation eevn in the faultles person , weary of himself , and of all action public or domestic ; then comes disorder , neglect , hatred , and perpetual strife , all these the enemies of holines and christianity , and every one of these persisted in , a remediles violation to matrimony . Therfore God who hates all faining and formality , wher there should bee all faith and sincerenes , and abhorrs to see inevitable discord , wher there should be greatest concord , when through anothers default , faith and concord cannot bee , counts it neither just to punish the innocent with the transgressor , nor holy , nor honourable for the sanctity of mariage , that should bee the unlon of peace and love , to be made the commitment , and close fight of enmity and hate . And therfore doth in this Law , what best agrees with his goodnes , loosning a sacred thing to peace and charity , rather then binding it to hatred and contention ; loosning only the outward and formal tie of that which is already inwardly , and really brokn , or els was really never joyn'd . Eleventhly , One of the cheif matrimonial ends is said to seek a holy seed ; but where an unfit mariage administers continual cause of hatred and distemper , there , as was heard before , cannot choose but much unholines abide . Nothing more unhallows a man , more unprepares him to the service of God in any duty , then a habit of wrath and perturbation , arising from the importunity of troublous causes never absent . And wher the houshold stands in this plight , what love can ther bee to the unfortunat issue , what care of thir breeding , which is of main conducement to thir beeing holy . God therfore knowing how unhappy it would bee for children to bee-born in such a family , gives this Law either as a prevention , that beeing an unhappy pair , they should not adde to bee unhappy parents , or els as a remedy that if ther be childern , while they are fewest , they may follow either parent , as shall bee agreed , or judg'd , from the house of hatred and discord , to a place of more holy and peaceable education . Twelfthly , All Law is available to som good end , but the final prohibition of divorce a vails to no good end , causing only the endles aggravation of evil , and therfore this permission of divorce was givn to the Jews by the wisdom and fatherly providence of God ; who knew that Law cannot command love , without which , matrimony hath no true beeing , no good , no solace , nothing of Gods instituting , nothing but so sordid and so low , as to bee disdain'd of any generous person . Law cannot inable natural inability either of body , or mind , which gives the greevance ; it cannot make equal those inequalities , it cannot make fit those unfitnesses : and where there is malice more then defect of nature , it cannot hinder ten thousand injuries , and bitter actions of despight too suttle and too unapparent for Law to deal with . And while it seeks to remedy more outward wrongs , it exposes the injur'd person to other more inward and more cutting . All these evils unavoidably will redound upon the children , if any be , and the whole family . It degenerates and disorders the best spirits , leavs them to unsettl'd imaginations , and degraded hopes , careles of themselvs , their houshold and their freinds , unactive to all public service , dead to the Common-wealth ; wherin they are by one mishapp , and no willing trespas of theirs , outlaw'd from all the benefits and comforts of married life and posterity . It conferrs as little to the honour and inviolable keeping of Matrimony , but sooner stirrs up temptations , and occasions to secret adulteries , and unchast roaving . But it maintaines public honesty . Public folly rather , who shall judge of public honesty ? the Law of God , and of ancientest Christians , and all Civil Nations , or the illegitimat Law of Monks and Canonists , the most malevolent , most unexperienc't , and incompetent judges of Matrimony ? These reasons , and many more that might bee alleg'd , afford us plainly to perceav , both what good cause this Law had to doe for good men in mischances , and what necessity it had to suffer accidentally the hard heartednes of bad men , which it could not certainly discover , or discovering could not subdue , no nor indeavour to restrain without multiplying sorrow to them , for whom all was indeavour'd . The guiltles therfore were not depriv'd thir needful redresses , and the hard hearts of others unchastisable in those judicial Courts , were so remitted there , as bound over to the higher Session of Conscience . Notwithstanding all this , ther is a loud exception against this Law of God , nor can the holy Author save his Law from this exception , that it opens a dore to all licence and confusion . But this is the rudest , I was almost saying the most graceles objection , and with the least reverence to God and Moses , that could bee devis'd : This is to cite God before mans Tribunal , to arrogate a wisdom and holines above him . Did not God then foresee what event of licence or confusion could follow ? did not hee know how to ponder these abuses with more prevailing respects , in the most eevn ballance of his justice and purenes , till these correctors cameup to shew him better ? The Law is , if it stirre up sin any way , to stirre it up by forbidding , as one contrary excites another , Rom. 7. but if it once come to provoke sin , by granting licence to sin , according to Laws that have no other honest end , but only to permit the fulfilling of obstinat lust , how is God not made the contradicter of himself ? No man denies that best things may bee abus'd : but it is a rule resulting from many pregnant experiences , that what doth most harm in the abusing , us'd rightly doth most good . And such a good to take a way from honest men , for beeing abus'd by such as abuse all things , is the greatest abuse of all . That the whole Law is no furder usefull , then as a man uses it lawfully , St. Paul teaches 1 Tim. 1. And that Christian liberty may bee us'd for an occasion to the flesh , the same Apostle confesses , Galat. 5. yet thinks not of removing it for that , but bidds us rather Stand fast in the liberty wherwith Christ hath freed us , and not bee held again in the yoke of bondage . The very permission which Christ gave to divorce for adultery , may bee fouly abus'd , by any whose hardnes of heart can either fain adultery , or dares committ , that hee may divorce . And for this cause the Pope , and hitherto the Church of England , forbid all divorce from the bond of mariage , though for openest adultery . If then it bee righteous to hinder for the fear of abuse , that which Gods Law notwithstanding that caution , hath warranted to bee don , doth not our righteousnes come short of Antichrist , or doe we not rather heerin conform our selvs to his unrighteousnes in this undue and unwise fear . For God regards more to releev by this Law the just complaints of good men , then to curb the licence of wicked men , to the crushing withall , and the overwhelming of his afflicted servants . He loves more that his Law should look with pitty upon the difficulties of his own , then with rigor upon the boundlesse riots of them who serv another Maister , and hinder'd heer by strictnes , will break another way to wors enormities . If this Law therfore have many good reasons for which God gave it , and no intention of giving scope to leudnes , but as abuse by accident comes in with every good Law , and every good thing , it cannot be wisdom in us , while we can content us with Gods wisdom , nor can be purity , if his purity will suffice us , to except against this Law , as if it foster'd licence . But if they affirm this Law had no other end , but to permitt obdurat lust , because it would bee obdurat , making the Law of God intentionally to proclame and enact sin lawful , as if the will of God were becom sinfull , or sin stronger then his direct and Law-giving will , the men would bee admonisht to look well to it , that while they are so eager to shut the dore against licence , they doe not open a wors dore to blasphemy . And yet they shall bee heer furder shewn thir iniquity ; what more foul and common sin among us then drnnkennes , and who can bee ignorant , that if the importation of Wine , and the use of all strong drink were forbid , it would both clean ridde the possibility of committing that odious vice , and men might afterwards live happily and healthfully , without the use of those intoxicating licors . Yet who is ther the severest of them all , that ever propounded to loos his Sack , his Ale , toward the certain abolishing of so great a sin , who is ther of them , the holiest , that less loves his rich Canary at meals , though it bee fetcht from places that hazard the Religion of them who fetch it , and though it make his neighbour drunk out of the same Tunne ? While they forbid not therfore the use of that liquid Marchandise , which forbidd'n would utterly remove a most loathsom sin , and not impair either the health , or the refreshment of mankind , suppli'd many other wayes , why doe they forbid a Law of God , the forbidding wherof brings into an excessive bondage , oft times the best of men , and betters not the wors ? Hee to remove a Nationall vice , will not pardon his cupps , nor think it concerns him to forbear the quaffing of that outlandish Grape , in his unnecessary fullnes , though other men abuse it never so much , nor is hee so abstemious as to intercede with the Magistrate that all matter of drunkennes be banisht the Common-wealth , and yet for the fear of a less inconvenience unpardnably requires of his brethren , in thir extreme necessity to debarre themselves the use of Gods permissive Law , though it might bee thir saving , and no mans indangering the more . Thus this peremptory strictnes we may discern of what sort it is , how unequal , and how unjust . But it will breed confusion . What confusion it would breed , God himself took the care to prevent in the fourth verse of this Chapter , that the divorc't beeing maried to another , might not return to her former Husband . And Justinians law counsels the same in his Title of Nuptials . And what confusion els can ther bee in separation , to separat , upon extrem urgency , the Religious from the irreligious , the fit from the unfit , the willing from the wilfull , the abus'd from the abuser , such a separation is quite contrary to confusion . But to binde and mixe together holy with Atheist , hevnly with hellish , fitnes with unfitnes , light with darknes , antipathy with antipathy , the injur'd with the injurer , and force them into the most inward neernes of a detested union , this doubtles is the most horrid , the most unnatural mixture , the greatest confusion that can be confus'd ? Thus by this plain and Christian Talmud vindicating the Law of God from irreverent and unwary expositions , I trust , wher it shall meet with intelligible perufers , som stay at least of mens thoughts will bee obtain'd , to consider these many prudent and righteous ends of this divorcing permission . That it may have , for the great Authors sake , heerafter som competent allowance to bee counted a little purer then the prerogative of a legal and public ribaldry , granted to that holy seed . So that from hence wee shall hope to finde the way still more open to the reconciling of those places which treat this matter in the Gospel . And thether now without interruption the cours of method brings us . TETRACHORDON , MATT. 5. 31 , 32. 31 It hath beene said whosoever shall put away his wife , let him give her a writing of divorcement . 32 But I say unto you that whosoever shall put away his wife , &c. MATT. 19. 3 , 4. &c. 3 And the Pharises also came unto him tempting him , &c. IT hath beene said . ] What hitherto hath beene spoke upon the law of God touching Matrimony or divorce , hee who will deny to have bin argu'd according to reason , and all equity of Scripture , I cannot edifie how , or by what rule of proportion that mans vertue calculates , what his elements are , not what his analytics . Confidently to those who have read good bookes , and to those whose reason is not an illiterate booke to themselves I appeale , whether they would not confesse all this to bee the commentary of truth and justice , were it not for these recited words of our Saviour . And if they take not backe that which they thus grant , nothing sooner might perswade them that Christ heer teaches no new precept , and nothing sooner might direct them to finde his meaning , then to compare and measure it by the rules of nature and eternall righteousnes , which no writt'n law extinguishes , and the Gospel least of all . For what can be more opposite and disparaging to the cov'nant of love , of freedom , & of our manhood in grace , then to bee made the yoaking pedagogue of new severities , the scribe of syllables and rigid letters , not only greevous to the best of men , but different and strange from the light of reason in them , save only as they are fain to stretch & distort their apprehensions , for feare of displeasing the verbal straightnesse of a text , which our owne servil feare gives us not the leisure to understand aright . If the law of Christ shall be writt'n in our hearts , as was promis'd to the Gospel , Jer. 31 , how can this in the vulgar and superficiall sense be a law of Christ , so farre from beeing writt'n in our hearts , that it injures and dissallowes not onely the free dictates of nature and morall law , but of charity also and religion in our hearts . Our Saviours doctrine is , that the end , and the fulfilling of every command is charity ; no faith without it , no truth without it , no worship , no workes pleasing to God but as they partake of charity . He himselfe sets us an example , breaking the solemnest and the strictest ordinance of religious rest , and justify'd the breaking , not to cure a dying man , but such whose cure might without danger have beene deserr'd . And wherefore needes must the sick mans bed be carried home on that day by his appointment , and why were the Disciples who could not forbeare on that day to pluck the corne , so industriously desended , but to shew us that if he preferr'd the slightest occasions of mans good before the observing of highest and severest ordinances , hee gave us much more easie leave to breake the intolerable yoake of a never well joyn'd wedlocke for the removing of our heaviest afflictions . Therefore it is that the most of evangelick precepts are given us in proverbiall formes , to drive us from the letter , though we love ever to be sticking there . For no other cause did Christ assure us that whatsoever things wee binde , or slacken on earth are so in heaven , but to signifie that the christian arbitrement of charity is supreme decider of all controversie , and supreme resolver of all Scripture ; not as the Pope determines for his owne tyrany , but as the Church ought to determine for its owne true liberty . Hence Eusebius not far from beginning his History , compares the state of Christians to that of Noah and the Patriarkes before the Law. And this indeede was the reason , why Apostolick tradition in the antient Church was counted nigh equall to the writt'n word , though it carried them at length awry , for want of considering that tradition was not left to bee impos'd as law , but to be a patterne of that Christian prudence , and liberty which holy men by right assum'd of old , which truth was so evident , that it found entrance even into the Councell of Trent , when the point of tradition came to be discusst . And Marinaro a learned Carmelite for approaching too neere the true cause that gave esteeme to tradition , that is to say , the difference betweene the Old and New Testament , the one punctually prescribing writt'n Law , the other guiding by the inward spirit , was reprehended by Cardinall Poole as one that had spoken more worthy a German Collequie , then a generall councell . I omit many instances , many proofes and arguments of this kind , which alone would compile a just volume , and shall content me heer to have shew'n breifly , that the great and almost only commandment of the Gospel , is to command nothing against the good of man , and much more no civil command , against his civil good . If we understand not this , we are but crackt cimbals , we do but tinckle , we know nothing , we doe nothing , all the sweat of our toilsomest obedience will but mock us . And what wee suffer superstitiously returnes us no thankes . Thus med'cining our eyes wee neede not doubt to see more into the meaning of these our Saviours words , then many who have gone before us . [ It hath beene said , whosoever shall put away his wife . ] Our Saviour was by the doctors of his time suspected of intending to dissolve the law . In this chapter he wipes off this aspersion upon his accusers , and shewes how they were the law brea kers . In every common wealth when it decayes , corruption makes two maine steps ; first when men cease to doe according to the inward and uncompell'd actions of vertue , caring only to live by the outward constraint of law , and turne the Simplicity of reall good , into the craft of seeming so by law . To this hypocritical honesty was Rome declin'd in that age , wherein Horace liv'd and discover'd it to Quintius . Whom doe we count a good man , whom but he Who keepes the lawes and statutes of the Senate , Who judges in great suits and controversies , Whose witnesse and opinion winnes the cause ; But his owne house , and the whole neighbourhood Sees his foule inside through his whited skin . The next declining is , when law becomes now too straight for the secular manners , and those too loose for the cincture of law . This brings in false and crooked interpretations to ecke out law , and invents the suttle encroachment of obscure traditions hard to be disprov'd . To both these descents the Pharises themselves were fall'n . Our Saviour therefore shews them both where they broke the law in not marking the divine intent thereof , but onely the letter , and where they deprav'd the letter also with sophisticall expositions . This law of divorse they had deprav'd both waies . First , by teaching that to give a bill of divorse was all the duty which that law requir'd , what ever the cause were . Next by running to divorse for any triviall , accidentall cause ; whenas the law evidently stayes in the grave causes of naturall and immutable dislike . [ It hath been said saith he Christ doth not put any contempt or disesteeme upon the law struct , but if he discerne his willingnesse and candor made use of to intrapp him , will suddainly draw in himselfe , and laying aside the facil vein of perspicuity , will know his time to utter clouds and riddles ; If he be not lesse wise then that noted Fish , when as he should bee not unwiser then the Serpent . Our Saviour at no time exprest any great desire to teach the obstinate and unteachable Pharises ; but when they came to tempt him , then least of all . As now about the liberty of divorce , so another time about the punishment of adultery they came to sound him , and what satisfaction got they from his answer , either to themselves or to us , that might direct a law under the Gospel , new from that of Moses , unlesse we draw his absolution of adultery into an edict . So about the tribute , who is there can picke out a full solution , what and when we must give to Caesar , by the answer which he gave the Pharises ? If we must give to Caesar that which is Caesars , and all be Caesars , which hath his image , wee must either new stamp our Coine , or we may goe new stamp our Foreheads with the superscription of slaves in stead of freemen . Besides it is a generall precept , not only of Christ , but of all other Sages , not to instruct the unworthy and the conceited who love tradition more then truth , but to perplex and stumble them purposely with contriv'd obscurities . No wonder then if they who would determine of divorce by this place , have ever found it difficult , and unfatisfying through all the ages of the Church , as Austine himselfe and other great writers confesse . Lastly it is manifest to be the principal scope of our Saviour both here , and in the 5. of Mat. to convince the Pharises of what they being evill did licentiously , not to explaine what others being good and blamelesse men might be permitted to doe in case of extremity . Neither was it seasonable to talke of honest and conscientious liberty among them who had abused legall and civil liberty to uncivil licence . We doe not say to a servant what we say to a sonne ; nor was it expedient to preach freedome to those who had transgrest in wantonnesse . When we rebuke a Prodigal , we admonish him of thrift , not of magnificence , or bounty . And to school a proud man we labour to make him humble , not magnanimous . So Christ to retort these arrogant inquisitors their own , tooke the course to lay their hautinesse under a severity which they deserv'd ; not to acquaint them , or to make them judges either of the just mans right and privilege or of the afflicted mans necessity . And if wee may have leave to conjecture , there is a likelyhood offer'd us by Tertullian in his 4. against Marcion , whereby it may seeme very probable that the Pharises had a private drifr of malice against our Saviours life in proposing this question ; and our Saviour had a peculiar aim in the rigor of his answer , both to let them know the freedome of his spirit , and the sharpenesse of his discerning . This I must now shew , saith Tertullian , Whence our Lord deduc'd this sentence , and which way he directed it , whereby it will more fully appeare that he intended not to dissolve Moses . And there upon tells us that the vehemence of this our Saviours speech was cheifly darted against Herod and Herodias . The story is out of Josephus : Herod had beene a long time married to the daughter of Aretas King of Petra , til hapning on his jorney towards Rome to be entertain'd at his brother Philips house , he cast his eye unlawfully and unguestlike upon Herodias there , the wife of Philip , but daughter to Aristobulus their common brother , and durst make words of marrying her his Neece from his brothers bed . She assented upon agreement he should expell his former wife . All was accomplisht , and by the Baptist rebuk't with the losse of his head . Though doubtlesse that staid not the various discourses of men upon the fact , which while the Herodian flatterers , and not a few perhaps among the Pharises endevout'd to defend by wresting the law , it might be a meanes to bring the question of divorce into a hot agitation among the people , how farre Moses gave allowance . The Pharises therefore knowing our Saviour to be a friend of Iohn the Baptist , and no doubt but having heard much of his Sermon in the Mount , wherein he spake rigidly against the licence of divorce , they put him this question both in hope to find him a contradicter of Moses , and a condemner of Herod ; so to insnare him within compasse of the same accusation which had ended his friend ; and our Saviour so orders his answer , as that they might perceive Herod and his Adultresse only not nam'd ; so lively it concern'd them both what he spake . No wonder then if the sentence of our Saviour sounded stricter then his custome was ; which his conscious attempters doubtlesse apprehended sooner then his other auditors . Thus much we gaine from hence to informe us , that what Christ intends to speake here of divorce , will be rather the forbidding of of what we may not doe herein passionately and abusively , as Herod and Herodias did , then the discussing of what herein we may doe reasonably and necessarily . [ Is it lawfull for a man to put away his wife ] It might be render'd more exactly from the Greeke , to loosen or to set free ; which though it seeme to have a milder fignification then the two Hebrew words commonly us'd for divorce , yet Interpreters have noted , that the Greeke also is read in the Septuagint , for an act which is not without constraint . As when Achish drove from his presence David counterfeting madnesse . Psal . 34. the Greeke word is the same with this here , to put away . And Erasmus quotes Hilary rendering it by an expression , not so soft . Whence may be doubted , whether the Pharises did not state this question in the strict right of the man , not tarrying for the wives consent . And if our Saviour answer directly according to what was askt in the tearm of putting away , it may be questionable , whether the rigor of his sentence did not forbid only such putting away as is without mutuall consent ▪ in a violent and and harsh manner , or without any reason , but will , as the Tetrarch did . Which might be the cause that those Christian Emperours fear'd not in their constitutions to dissolve mariage by mutuall consent ; In that our Saviour seemes here , as the case is most likely , not to condemne all divorce but all injury and violence in divorce . But no injury can be done to them who seeke it , as the Ethics of Aristotle sufficiently prove . True it is , that an unjust thing may be done to one though willing , and so may justly be forbid'n : But divorce being in it selfe no unjust or evill thing , but only as it is joyn'd with injury , or lust , injury it cannot be at law , if consent be , and Aristotle erre not . And lust it may as frequently not be , while charity hath the judging of so many private greevances in a misfortun'd Wedlock , which may pard'nably seeke a redemption . But whether it be or not , the law cannot discerne , or examine lust , so long as it walkes from one lawfull terme to another , from divorce to marriage both in themselves indifferent . For if the law cannot take hold to punish many actions apparently covetous , ambitious , ingratefull , proud , how can it forbid and punish that for lust , which is but only surmis'd so , and can no more be certainly prov'd in the divorcing now , then before in the marrying . Whence if divorce be no unjust thing , but through lust , a cause not discernable by law , as law is wont to discerne in other cases , and can be no injury where consent is , there can be nothing in the equity of law , why divorce by consent may not be lawfull : leaving secrecies to conscience , the thing which our Saviour here aimes to rectifie , not to revoke the statutes of Moses . In the meane while the wotd To put away , being in the Gteeke , to loosen or disolve , utterly takes away that vaine papisticall distinction of divorce from bed , and divorce from bond , evincing plainly that both Christ and the Pharises meane here that divorce which finally disolves the bond and frees both parties to a second marriage . [ For every cause . ] This the Pharises held , that for every cause they might divorce , for every accidentall cause , any quarrell or difference that might happ'n . So both Josephus and Philo , men who liv'd in the same age , explain ; and the Syriac translater , whose antiquity is thought parallel to the Evangelists themselves , reads it conformably upon any occasion or pretence . Divines also generally agree that thus the Pharises meant . Cameron a late writer much applauded , commenting this place not undiligently , affirmes that the Greeke preposition 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 translated unusually ( For ) hath a force in it implying the suddennesse of those Pharisaic divorces ; and that their question was to this effect , whether for any cause , whatever it chanc'd to be , straight as it rose , the divorse might be lawfull . This he freely gives what ever mou'd him , and I as freely take , nor can deny his observation to be acute & learned . If therfore we insist upon the word of putting away , that it imports a constraint without consent , as might be insisted , and may enjoy what Cameron bestowes on us , that for every cause is to be understood , according as any cause may happen , with a relation to the speedinesse of those divorces and that Herodian act especially , as is already brought us , the sentence of our Saviour wil appeare nothing so strict a prohibition as hath beene long conceiv'd , forbidding only to divorce for casuall & temporary causes , that may be soon ended , or soone remedied ; & likewise forbidding to divorce rashly , & on thesudden heate , except it be for adultery . If these qualifications may be admitted , as partly we offer them , partly are offer'd them by some of their own opinion , and that where nothing is repugnant why they should not bee admitted , nothing can wrest them from us , the severe sentence of our Saviour will straight unbend the seeming frowne into that gentlenesse and compassion which was so abundant in all his actions , his office and his doctrine , from all which otherwise it stands off at no meane distance . Vers . 4. And he answered and said unto them , have ye not read that he which made them at the beginning , made them Male and Female ? Vers . 5. And said , for this cause shall a man leave Father and Mother , and shall cleave to his wife , and they twaine shall be one flesh ? Vers . 6. VVherefore they are no more twaine but one flesh , what therefore God hath joyned together , let no man put asunder . [ 4. and 5 Made them Male and Female , And said for this cause , &c. ] We see it here undeniably , that the law which our Saviour cites to prove that divorce was forbidd'n , is not an absolute and tyrannicall command without reason , as now adaies wee make it little better , but is grounded upon some rationall cause not difficult to be apprehended , being in a matter which equally concernes the meanest and the plainest sort of persons in a houshold life . Our next way then will be to inquire if there bee not more reasons then one , and if there be , whether this be the best and cheifest . That we shall finde by turning to the first institution , to which Christ referrs our owne reading ; He himselfe having to deale with treacherous affailants , useth brevity , and lighting on the first place in Genesis that mentions any thing tending to Marriage in the first chapter , joynes it immediately to the 24. verse of the 2 chapter , omitting all the prime words between , which create the institution , and containe the noblest and purest ends of Matrimony , without which attain'd , that conjunction hath nothing in it above what is common to us with beasts . So likewise beneath in this very chapter , to the young man who came not tempting him , but to learne of him , asking him which commandments hee should keepe , he neither repeates the first table , nor all the second , nor that in order which he repeates . If heere then being tempted , hee desire to bee the shorter , and the darker in his conference , and omitt to cite that from the second of Genesis , which all Divines confesse is a commentary to what he cites out of the first , the making them Male and Female ; what are we to doe , but to search the institution our selves ; and we shall finde there his owne authority giving other manner of reasons why such firme union is to bee in matrimony , without which reasons their being male and female can be no cause of joyning them unseparably : for if it be , then no Adultery can sever . Therefore the prohibition of divorce depends not upon this reason heere exprest to the Pharises , but upon the plainer & more eminent causes omitted heere and referr'd to the institution ; which causes not being found in a particular and casuall Matrimony , this sensitive and materious cause alone can no more hinder a divorce against those higher and more human reasons urging it , then it can alone without them to warrant a copulation , but leaves it arbitrary to those who in their chance of marriage finde not why divorce is farbidd them , but why it is permitted them ; and finde both here and in Genesis , that the forbidding is not absolute , but according to the reasons there taught us , not here . And that our Saviour taught them no better , but uses the most vulgar , most animal and corporal argument to convince them , is first to shew us , that as through their licentious divorces they made no more of mariage then as if to marry , were no more then to be male and female , so hee goes no higher in his confutation ; deeming them unworthy to be talkt with in a higher straine , but to bee ty'd in marriage by the meere material cause thereof , since their owne licence testify'd that nothing matrimonial was in their thought but to be male and female . Next it might be don to discover the brute ignorance of these carnall Doctors , who taking on them to dispute of marriage and divorce , were put to silence with such a slender opposition as this , and outed from their hold with scarce one quarter of an argument . That we may beleeve this , his entertainment of the young man soon after may perswade us . Whom , though he came to preach eternall life by faith only , he dismisses with a salvation taught him by workes only . On which place Paraeus notes . That this man was to be convinc'd by a false perswasion ; and that Christ is wont otherwise to answer hypocrites , otherwise those that are docible . Much rather then may we thinke that in handling these tempters , he forgot not so to frame his prudent ambiguities and concealements , as was to the troubling of those peremtory disputants most wholsome . When therefore we would know what right there may be , in ill accidents , to divorce , wee must repaire thither where God professes to teach his servants by the prime institution , and not where we see him intending to dazle sophisters : Wee must not reade hee made them Male and Female , & not understand he made them more intendedly a meet helpe to remove the evill of being alone . We must take both these together , and then we may inferre compleatly as from the whole cause why a man shall cleave to his wife , and they twaine shall be one flesh : but if the full and cheife cause why we may not divorce , be wanting heer , this place may skirmish with the rabbies while it will , but to the true christian it prohibits nothing beyond the full reason of it's own prohibiting , which is best knowne by the institution . Vers . 6. [ Wherefore they are no more twaine , but one flesh . ] This is true in the generall right of marriage , but not in the chance medley of every particular match . For if they who were once undoubtedly one flesh , yet become twain by adultery , then sure they who were never one flesh rightly , never helps meete for each other according to the plain prescript of God , may with lesse adoe then a volume be concluded still twaine . And so long as we account a Magistrate no Magistrate , if there be but a flaw in his election , why should we not much rather count a Matrimony no Matrimony , if it cannot be in any reasonable manner according to the words of Gods institution . [ What therefore God hath joyned , let no man put asunder . ] But heare the christian prudence lies to consider what God hath joyn'd ; shall wee say that God hath joyn'd error , fraud , unfitnesse , wrath , contention , perpetuall lonelinesse , perpetuall discord ; what ever lust , or wine , or witchery , threate , or inticement , avarice or ambition hath joyn'd together , faithfull with unfaithfull , christian with antichristian , hate with hate , or hate with love , shall we say this is Gods joyning ? [ Let not man put a sunder . ] That is to say , what God hath joyn'd ; for if it be , as how oft we see it may be , not of Gods joyning , and his law tells us he joynes not unmachable things but hates to joyne them , as an abominable confusion , then the divine law of Moses puts them asunder , his owne divine will in the institution puts them asunder , as oft as the reasons be not extant , for which only God ordain'd their joyning . Man only puts asunder when his inordinate desires , his passion , his violence , his injury makes the breach : not when the utter want of that which lawfully was the end of his joyning , when wrongs and extremities , and unsupportable greevances compell him to disjoyne : when such as Herod & the pharises divorce beside law , or against law , then only man separates , and to such only this prohibition belongs . In a word , if it be unlawful for man to put asunder that which God hath joyn'd , let man take heede it be not detestable to joyne that by compulsion which God hath put assunder . Vers . 7. They say unto him , why did Moses then command to give a writing of divorcement , and to put her away ? Vers . 8. He saith unto them , Moses because of the hardnesse of your hearts suffered you to put away your wives , but from the beginning it was not so . [ Moses because of the hardnesse of your hearts suffered you . ] Henee the divinity now current argues that this judiciall Moses is abolisht . But suppose it were so , though it hath bin prov'd otherwise , the firmenesse of such right to divorce as here pleads , is fetcht from the prime institution , does not stand or fall with the judiciall Jew , but is as morall as what is moralest . Yet as I have shewn positively that this law cannot bee abrogated , both by the words of our Saviour pronouncing the contrary , and by that unabolishable equity which it convaies to us , so I shall now bring to view those appearances of strength which are levied from this text to maintaine the most grosse and massy paradox that ever did violence to reason and religion , bred onely under the shadow of these words , to all other piety or philosophy strange and insolent , that God by act of law drew out a line of adultery almost two thousand yeares long : although to detect the prodigy of this surmise , the former booke set forth on this argument hath already beene copious . I shall not repeate much though I might borrow of mine own , but shall endeavour to adde something either yet untoucht , or not largely anough explain'd First it shal be manifest that the common exposition cannot possibly consist with christian doctrine : next a truer meaning of this our Saviours reply shall be left in the roome . The receiv'd exposition is , that God though not approving did enact a law to permit adultery by divorcement simply unlawfull . And this conceit they feede with fond supposals that have not the least footing in Scripture . As that the Jews learnt this custome of divorce in Egypt , and therefore God would not unteach it them till Christ came , but let it stick as a notorious botch of deformity in the midst of his most perfect and severe law . And yet he saith , Levit. the 18th after the doings of Egypt ye shall not do . Another while they invent a slander ( as what thing more bold then teaching Ignorance when he shifts to hide his nakednes ) that the Jews were naturally to their wives the cruellest men in the world ; would poison , braine , and doe I know not what , if they might not divorce . Certain , if it were a fault heavily punisht , to bring an evill report upon the land which God gave , what is it to raise a groundles calumny against the people which God made choise of ? But that this bold interpretament , how commonly so ever sided with , cannot stand a minute with any competent reverence to God or his law , or his people , nor with any other maxim of religion , or good manners , might bee prov'd through all the heads and Topics of argumentation : but I shall willingly bee as concise as possible . First the law , not onely the moral , but the judicial given by Moses is just and pure ; for such is God who gave it . Harken O Israel , saith Moses , Dent. 4. unto the statutes and the judgements which I teach you , to doe them , that ye may live , &c. ye shall not adde unto the word which J command you , neither shall ye diminish ought from it , that ye may keepe the commandements of the Lord your God which I command you . And onward in the chapter , Behold I have taught you statutes and judgements , even as the Lord my God commanded me . Keepe therefore and doe them , for this is your wisedome and your understanding . For what nation hath God so nigh unto them , and what-nation hath statutes and judgements so righteous as all this law which I set before ye this day . Is it imaginable there should bee among these a law which God allow'd not , a law giving permissions laxative to unmarry a wife and marry a lust , a law to suffer a kind of tribunall adultery ? Many other scriptures might be brought to assert the purity of this judicial law , and many I have alleg'd before ; this law therefore is pure and just . But if it permit , if it teach , if it defend that which is both unjust and impure , as by the common doctrine it doth , what thinke we ? The three generall doctrines of Justinians law , are To live in honesty , To hurt no man , To give every one his due . Shall the Roman civil law observe these three things , as the onely end of law , and shall a statute be found in the civil law of God , enacted simply and totally against all these three precepts of nature and morality ? Secondly , the gifts of God are all perfet , and certainely the law is of all his other gifts one of the perfetest . But if it give that outwardly which it takes away really , & give that seemingly , which , if a man take it , wraps him into sinne and damns him , what gift of an enemy can be more dangerous and destroying then this . Thirdly , Moses every where commends his lawes , preferrs them before all of other nations , and warrants them to be the way of life and safety to all that walke therein , Levit. 18. But if they containe statutes which God approves not , and traine men unweeting to committ injustice and adultery , under the shelter of law , if those things bee sin , and death sins wages , what is this law but the snare of death ? Fourthly , the statutes and judgements of the Lord , which without exception are often told us to be such , as doing wee may live by them , are doubtles to be counted the rule of knowledge and of conscience . For I had not known lust , saith the Apostle , but by the law . But if the law come downe from the state of her incorruptible majesty to grant lust his boon , palpably it darkns and confounds both knowledge and conscience ; it goes against the common office of all goodnes and freindlinesse , wich is at lest to counsel and admonish ; it subverts the rules of all sober education ; and is it selfe a most negligent and debaushing tutor . Fiftly , if the law permit a thing unlawfull , it permitts that which else where it hath forbid ; so that hereby it contradicts it selfe , and transgresses it selfe . But if the law become a transgressor , it stands guilty to it selfe , and how then shall it save another ; it makes a confederacy with sin , how then can it justly condemne a sinner ? and thus reducing it selfe to the stateof neither saving nor condemning , it will not faile to expire solemnely ridiculous . Sixtly , the Prophets in Scripture declare severely against the decreeing of that which is unjust , Psal . 94. 20. Isaiah the 10th . But it was done , they say , for heardnesse of heart ; To which objection the Apostles rule , not to doe evill that good may come thereby , gives an invincible repuls ; and here especially , where it cannot be shewn how any good came by doing this evil , how rather more evil did not hereon abound ; for the giving way to hardnesse of heart hard'ns the more , and adds more to the number . God to an evil and adulterous generation would not grant a signe ; much lesse would he for their hardnesse of heatt pollute his law with an adulterous permission . Yea but to permitt evil is not to doe evil . Yes , it is in a most eminent manner to doe evil : where else are all our grave and faithfull sayings , that he whose office is to forbid and forbids not , bids , exhorts , encourages . Why hath God denounc'd his anger against parents , maisters , freinds , magistrates neglectfull of forbidding what they ought , if law the common father , maister , friend , and perpetuall magistrate shall not onely not forbidd , but enact , exhibit , and uphold with countnance and protection a deede every way dishonest , what ever the pretence be . If it were of those inward vices , which the law cannot by outward constraint remedy , but leaves to conscience and perswasion , it had bin guiltlesse in being silent : but to write a decree of that which can be no way lawfull , and might with ease be hinder'd , makes law by the doome of law it selfe accessory in the highest degree . Seventhly , it makes God the direct author of sin , For although he bee not made the authour of what he silently permitts in his providence , yet in his law , the image of his will , when in plaine expression he constitutes and ordaines a fact utterly unlawfull , what wants hee to authorize it , and what wants that to be the author ? Eightly , to establish by law a thing wholy unlawfull and dishonest , is an affirmation was never heard of before in any law , reason , philosophy , or religion , till it was rais'd by inconsideratglossists from the mistake of this text . And though the Civilians have bin contented to chew this opinion , after the canon had subdu'd them , yet they never could bring example or authority either from divine writt , or human learning , or human practice in any nation , or well-form'd republick , but only from the customary abuse of this text . Usually they allege the Epistle of Cicero to Atticus ; wherein Cato is blam'd for giving sentence to the scumme of Romulus , as if he were in Plato's common wealth . Cato would have call'd some great one into judgemēt for bribery , Cicero as the time stood , advis'd against it . Cato , not to endammage the public treasury , would not grant to the Roman Knights , that the Asian taxes might bee farm'd them at a lesse rate . Cicero wisht it granted . Nothing in all this will bee like the establishing of a law to sinne : here are no lawes made , here onely the execution of law is crav'd might be suspended : between which and our question is a broad difference . And what if human law givers have confest they could not frame their lawes to that perfection which they desir'd , we heare of no such confession from Moses concerning the lawes of God , but rather all praise and high testimony of perfection given them . And although mans nature cannot beare exactest lawes , yet still within the confines of good it may and must ; so long as lesse good is far anough from altogether evil . As for what they instance of usury , let them first prove usury to be wholly unlawfull , as the law allowes it ; which learned men as numerous on the other side will deny them . Or if it be altogether unlawfull , why is it tolerated more then divorce ? he who said divorse not , said also lend hoping for nothing againe , Luk. 6. 35. But then they put in , that trade could not stand . And so to serve the commodity of insatiable trading , usury shall be permitted , but divorce , the onely meanes oft times to right the innocent , & outrageously wrong'd , shall be utterly forbid . This is egregious doctrine , and for which one day charity will much thanke them . Beza not finding how to salve this perplexity , and Cameron since him , would secure us ; although the latter confesses that to permit a wicked thing by law , is a wickednesse from which God abhorrs ; yet to limit sin , and prescribe it a certaine measure , is good . First this evasion will not helpe heere ; for this law bounded no man ; he might put away whatever found not favour in his eyes . And how could it forbid to divorce , whom it could not forbidd to dislike , or command to love . If these be the limits of law to restraine sinne , who so lame a sinner but may hoppe over them more easily then over those Romulean circumscriptions , not as Remus did with hard succes , but with all indemnity . Such a limiting as this were not worth the mischeif that accompanies it . This law therefore not bounding the supposed sinne , by permitting enlarges it , gives it enfranchisement . And never greater confusion , then when law and sin move their land markes , mixe their territories , and correspond , have intercourse and traffic together . When law contracts a kindred and hospitality with transgression , becomes the godfather of sinne and names it Lawfull ; when sin revels and gossips within the arcenal of law , plaies , and dandles the artillery of justice that should be bent against her , this is a faire limitation indeede . Besides it is an absurdity to say that law can measure sin , or moderate sin ; sin is not in a predicament to be measur'd and modify'd , but is alwaies an excesse . The least sinne that is , exceeds the measure of the largest law that can bee good ; and is as boundlesse as that vacuity beyond the world . If once it square to the measure of Law , it ceases to be an excesse , and consequently ceases to be a sinne ; or else law conforming it selfe to the obliquity of sin , betraies it selfe to be not strait , but crooked , and so immediatly no law . And the improper conceit of moderating sin by law will appeare , if wee can imagin any lawgiver so senselesse as to decree that so farre a man may steale , and thus farre bee drunk , that moderately he may cozen , and moderatly committ adultery . To the same extent it would be as pithily absurd to publish that a man may moderately divorce , if to doe that be intirely naught . But to end this moot , the law of Moses is manifest to fixe no limit therein at all , or such at lest as impeaches the fraudulent abuser no more then if it were not set ; only requires the dismissive writing without other caution , leaves that to the inner man , and the barre of conscience . But it stopt other sins . This is as vaine as the rest , and dangerously uncertain : the contrary to be fear'd rather , that one sin admitted courteously by law , open'd the gate to another . However evil must not be don for good . And it were a fall to be lamented , an indignity unspeakable , if law should becom tributary to sin her slave , and forc't to yeild up into his hands her awfull minister Punishment , should buy out her peace with sinne for sinne , paying as it were her so many Philistian foreskins to the proud demand of Trangression . But suppose it any way possible to limit sinne , to put a girdle about that Chaos , suppose it also good ; yet if to permitt sin by Law bee an abomination in the eyes of God , as Cameron acknowledges , the evil of permitting will eate out the good of limiting . For though sin be not limited , there can but evil come out of evil ; but if it be permitted & decreed lawfull by divine law , of force then sin must proceed from the infinit Good , which is a dreadfull thought . But if the restraining of sinne by this permission beeing good , as this author testifies , be more good then the permission of more sin by the restraint of divorce , and that God waighing both these like two ingots in the perfet scales of his justice and providence found them so , and others coming without authority from God , shall change this counter poise , and judge it better to let fin multiply by setting a judicial restraint upon divorce , which Christ never set , then to limit sin by this permission , as God himselfe thought best to permitt it , it will behoove them to consult betimes whether these their ballances be not fals and abominable ; and this their limiting that which God loosen'd , and their loosning the sinnes that he limited , which they confesse was good to doe : and were it possible to doe by law , doubtlesse it would be most morally good ; and they so beleeving , as we heare they doe , and yet abolishing a law so good and moral , the limiter of sin , what are they else but contrary to themselves ? for they can never bring us to that time wherein it will not be good to limit sinne , and they can never limit it better then so as God prescrib'd in his law . Others conceav it a more defensible retirement to say this permission to divorce sinfully for hardnesse of heart was a dispensation . But surely they either know not , or attend not what a dispensation meanes . A dispensation is for no long time , is particular to som persons rather then generall to a whole people ; alwaies hath charity the end , is granted to necessities and infirmities , not to obstinat lust . This permission is another creatnre , hath all those evils and absurdities following the name of a dispensation , as when it was nam'd a law ; and is the very antarctic pole against charity , nothing more advers , ensnaring and ruining those that trust in it , or use it ; so leud and criminous as never durst enter into the head of any Politician , Jew , or Proselyte , till they became the apt Schollers of this canonistic exposition . Ought in it , that can allude in the lest manner to charity , or goodnes , belongs with more full right to the chrian under grace and liberty , then to the Jew under law and bondage . To Jewish ignorance it could not be dispenc'd , without a horrid imputation laid upon the law , to dispence fouly , in stead of teaching fairly ; like that dispensation that first polluted Christendom with idolatry , permitting to lay men images in stead of bookes and preaching . Sloth or malice in the law would they have this calld ? But what ignorance can be pretended for the Jewes , who had all the same precepts about mariage , that we now : for Christ referrs all to the institution . It was as reasonable for them to know then as for us now , and concern'd them alike : for wherein hath the gospel alter'd the nature of matrimony : All these considerations , or many of them have bin furder amplify'd in the doctrine of divorce . And what Rivetus and Paraeus hath objected , or giv'n over as past cure hath bin there discusst . Whereby it may be plain anough to men of eyes , that the vulgar exposition of a permittance by law to an entire fin , what ever the colour may be , is an opinion both ungodly , unpolitic , unvertuous , and void of all honesty & civil sense . It appertaines therefore to every zealous Christian both for the honour of Gods law & the vindication of our Saviours words , that such an irreligious depravement no longer may be sooth'd and flatter'd through custome , but with all diligence and speed solidly refuted , and in the room a better explanation giv'n ; which is now our next endeavour . [ Moses suffer'd you to put away , &c. ] Not commanded you , saies the common observer , and therefore car'd not how soon it were abolisht , being but suffer'd ; heerin declaring his annotation to be slight & nothing law prudent . For in this place commanded and suffer'd are interehangeably us'd in the same sense both by our Saviour and the Pharises . Our Saviour who heer saith , Moses suffer'd you , in the 10th of Marke saith , Moses wrote you this command . And the Pharisees who heer say , Moses commanded , and would mainly have it a command , in that place of Marke say Moses suffer'd , which had made against them in their owne mouthes , if the word of suffering had weakn'd the command . So that suffer'd and commanded is heer taken for the same thing on both sides of the controversy : as Cameron also and others on this place acknowledge . And Lawyers know that all the precepts of law are devided into obligatorie and permissive , containing either what we must doe , or what wee may doe ; and of this latter sort are as many precepts , as of the former , and all as lawfull . Tutelage , an ordainment then which nothing more just , being for the defence of Orfanes , the Justitutes of Justinian , say is given and permitted by the civil law : and to parents it is permitted to choose and appoint by will the guardians of their children . What more equall , and yet the civil law calls this permission . So likewise to manumise , to adopt , to make a will , and to be made an heire is call'd permission by law . Marriage it selfe , and this which is already granted , to divorce for adultery , obliges no man , is but a permission by law , is but suffer'd . By this we may see how weakly it hath bin thought that all divorce is utterly unlawfull , because the law is said to suffer it : whenas to suffer is but the legall phrase denoting what by law a man may doe or not doe . [ Because of the hardnesse of your hearts ] Hence they argue that therefore he allowd it not ; and therefore it must be abolisht . But the contrary to this will sooner follow , that because he suffer'd it for a cause , therefore in relation to that cause he allow'd it . Next , if he in his wisedome , and in the midst of his severity allow'd it for hardnesse of heart , it can be nothing better then arrogance and presumption to take stricter courses against hardnes of heart then God ever set an example and that under the Gospel which warrants them to no judicial act of compulsion in this matter , much lesse to be more severe against hardnes of extremity , then God thought good to bee against hardnes of heart . He suffer'd it , rather then worse inconveniences ; these men wiser as they make themselves , will suffer the worst and hainousest inconveniences to follow , rather then they will suffer what God suffer'd . Although they can know when they please , that Christ spake only to the conscience , did not judge on the civil bench , but alwaies disavow'd it . What can be more contrary to the waies of God then these their doings . If they bee such enemies to hardnes of heart , although this groundlesse rigor proclaims it to be in themselves , they may yet learne , or consider that hardnesse of heart hath a twofould acception in the Gospel . One , when it is in a good man taken for infirmity , and imperfection , which was in all the Apostles , whose weaknesse only , not utter want of beleef is call'd hardnes of heart , Marke 16. partly for this hardnesse of heart , the imperfection and decay of man from original righteousnesse , it was that God suffer'd not divorce onely , but all that which by Civilians is term'd the secondary law of nature and of nations . He suffer'd his owne people to wast and spoyle and slay by warre , to lead captives , to be som maisters , som servants , som to be princes , others to be subjects , hee suffer'd propriety to divide all things by severall possession trade and commerce , not with out usury ; in his comon wealth some to bee undeservedly rich , others to bee undeservingly poore . All which till hardnesse of heart came in , was most unjust ; whenas prime Nature made us all equall , made us equall coheirs by common right and dominion over all creatures . In the same manner , and for the same cause hee suffer'd divorce as well as mariage , our imperfet and degenerat condition of necessity requiring this law among the rest , as a remedy against intolerable wrong and servitude above the patience of man to beare . Nor was it giv'n only because our infirmity , or if it must be so call'd , hardnesse of heart could not endure all things , but because the hardnes of anothers heart might not inflict all things upon an innocent person , whom far other ends brought into a league of love and not of bondage and indignity . If therefore we abolish divorce as only suffer'd for hardnes of heart , we may as well abolish the whole law of nations , as only sufferd for the same cause ; it being shewn us by Saint Paul 1 Cor. 6. that the very seeking of a mans right by law , and at the hands of a worldly magistrat , is not without the hardnesse of our hearts . For why doe ye not rather take wrong , saith he , why suffer ye not rather your selves to be defrauded ? If nothing now must be suffer'd for hardnes of heart , I say the very prosecution of our right by way of civil justice can no more bee suffer'd among Christians , for the hardnes of heart wherwith most men persue it . And that would next remove all our judiciall lawes , and this restraint of divorce also in the number ; which would more then halfe end the controversy . But if it be plaine that the whole juridical law and civil power is only suffer'd under the Gospel , for the hardnes of our hearts , then wherefore should not that which Moses suffer'd , be suffer'd still by the same reason ? In a second signification hardnes of heart is tak'n for a stubborne resolution to doe evil . And that God ever makes any law purposely to such , I deny ; for he voutsafes not to enter gov'nant with them , but as they fortune to be mixt with good men , and passe undiscover'd ; much lesse that he should decree an unlawfull thing only to serve their licentiousnes . But that God suffers this reprobate hardnes of heart I affirm , not only in this law of divorce , but throughout all his best and purest commandements . He commands all to worship in singlenes of heart according to all his Ordinances ; and yet suffers the wicked man to performe all the rites of religion hypocritically and in the hardnes of his heart . He gives us generall statutes & privileges in all civil matters , just & good of themselves , yet suffers unworthiest men , to use them & by themt , o prosecute their own right , or any colour of right , though for the most part maliciously , covetously , nigorously , revengefully . He allow'd by law the discreet father and husband to forbidd , if he thought fit , the religious vows of his wife or daughter : Num. 30. and in the same law suffer'd the hard heartednes of impious and covetous fathers or husbands abusing this law to forbidd their wives or daughters in their offrings and devotions of greatest zeal . If then God suffer hardnes of heart equally in the best laws as in this of divorce , there can be no reason that for this cause this law should be abolisht . But other lawes , they object , may be well us'd , this never . How often shall I answer both from the institution of mariage , and from other general rules in Scripture , that this law of divorce hath many wise and charitable ends besides the being suffer'd for hardnes of heart ; which is indeed no end , but an accident happning through the whole law ; which gives to good men right , and to bad men who abuse right under false pretences , gives only sufferance . Now although Christ express no other reasons here , but only what was suffer'd , it nothing followes that this law had no other reason to be permitted but for hardnes of heart . The Scripture seldome , or never in one place sets down all the reasons of what it grants or commands , especially when it talks to enemies and tempters . St Paul permitting mariage , 1 Cor. 7 , seems to permit even that also for hardnes of heart only , lest we should run into fornication ; yet no intelligent man thence concludes mariage allow'd in the Gospel only to avoid an evill , because no other end is there exprest . Thus Moses of necessity suffer'd many to put away their wives for hardnesse of heart ; but enacted the law of divorce doubtles for other good causes , not for this only sufferance . He permitted not divorce by law as an evil , for that was impossible to divine law , but permitted by accident the evil of them who divorc't against the lawes intention undiscoverably This also may be thought not improbably , that Christ stirr'd up in his spirit against these tempting Pharises , answer'd them in a certain forme of indignation usual among good authors ; wherby the question , or the truth is not directly answer'd , but som thing which is fitter for them , who aske , to heare . So in the ecclesiastical stories one demanding how God imploy'd himself before the world was made , had āswer ; that he was making hel for curious questioners . Another ( and Libanius the Sophist as I remember ) asking in derision som Christian , what the Carpenter , meaning our Saviour , was doing , now that Julian so prevail'd , had it return'd him , that the Carpenter was making a coffin for the Apostat . So Christ being demanded maliciously why Moses made the law of divorce , answers them in a vehement scheme , not telling them the cause why he made it , but what was fittest to be told them , that for the hardnes of their hearts he suffer'd them to abuse it . And all beit Mark say not he suffer'd you , but to you he wrote this precept ; Mark may be warrantably expounded by Mathew the larger . And whether he suffer'd , or gave precept , being all one as was heard , it changes not the trope of indignation , fittest account for such askers . Next for the hardnes of your hearts to you he wrote this precept , inferrs not therfore for this cause only he wrote it , as was parallell'd by other Scriptures . Lastly , It may be worththe observing , that Christ speaking to the Pharises does not say in general that for hardnes of heart he gave this precept , but you he suffer'd , & to you he gave this precept for your hardnes of heart . It cannot be easily thought that Christ heer included all the children of Israel under the person of these tempting Pharises but that he conceals wherefore he gave the better sort of them this law , and expresses by saying emphatically To you how he gave it to the worser , such as the Pharises best represented , that is to say for the hardnes of your hearts : as indeed to wicked men and hardn'd hearts he gives the whole law and the Gospel also , to hard'n them the more . Thus many waies it may orthod oxally be understood how God or Moses suffer'd such as the demanders were , to divorce for hardnes of heart . Whereas the vulgar expositer beset with contradictions and absurdities round , and resolving at any peril to make an exposition of it , as there is nothing more violent and boistrous then a reverend ignorance in fear to be convicted , rushes brutely and impetuously against all the principles both of nature , piety , and moral goodnes ; and in the sury of his literal expounding overturns them all . [ But from the the beginning it was not so . ] Not how from the beginning doe they suppose , that men might not divorce at all , not necessarily , not deliberatly except for adultery , but that som law , like canon law presently attacht them both before and after the flood , till stricter Moses came , and with law brought licence into the world ? that were a fancy indeed to smile at . Undoubtedly as to point of judiciall law , divorce was more permissive from the beginning before Moses then under Moses . But from the beginning , that is to say , by the institution in Paradice it was not intended that matrimony should dissolve for every trivial cause as you Pharises accustome . But that it was not thus suffer'd from the beginning ever since the race of men corrupted , & laws were made , he who will affirme , must have found out other antiquities then are yer known . Besides we must consider now , what can be so as from the beginning , not only what should be so . In the beginning , had men continu'd perfet , it had bin just that all things should have remain'd , as they began to Adam & Eve. But after that the sons of men grew violent & injurious , it alter'd the lore of justice , and put the goverment of things into a new frame . While man and woman were both perfet each to other , there needed no divorce ; but when they both degenerated to imperfection , & oft times grew to be an intolerable evil each to other , then law more justly did permitt the alienating of that evil which mistake made proper , then it did the appropriating of that good which Nature at first made common . For if the absence of outward good be not so bad as the presence of a close evil , & that propriety , whether by cov'nant or possession , be but the attainment of some outward good , it is more natural & righteous that the law should sever us from an intimat evil , then appropriate any outward good to us from the community of nature . The Gospel indeed tending ever to that which is perfetest , aim'dat the restorement of all things , as they were in the beginning . And therefore all things were in common to those primitive Christians in the Acts , which Ananias & Sapphira dearly felt . That custome also continu'd more or less till the time of Justin Martyr , as may be read in his 2d Apology , which might be writt after that act of communion perhaps some . 40. yeares above a hunder'd . But who will be the man shall introduce this kind of common wealth , as christianity now goes ? If then mariage must be as in the beginning , the persons that marry must be such as then were , the institution must make good , in som tolerable sort , what it promises toeeither party . If not , it is but madnes to drag this one ordinance back to the beginning , and draw down all other to the present necessity , and condition farre from the beginning even to the tolerating of extortions and opp ressions . Christ only told us that from the beginning it was not so ; that is to say , not so as the Pharises manu●'d the busines ; did not command us that it should be forcibly so again in all points , as at the beginning ; or so at least in our intentions and desires , but so in execution , as reason , and present nature can bear . Although we are not to seek , that the institution it selfe from the first beginning was never but conditional , as all cov'nants are : because thus and thus , therefore so and so ; if not thus , then not so . Then moreover was perfetest to fulfill each law in it selfe ; now is perfetest in this estate of things , to ask of charity how much law may be fulfill'd : els the fulfilling , oft times is the greatest breaking . If any therefore demand , which is now most perfection , to ease an extremity by divorce , or to enrage and fester it by the greevous observance of a miserable wedloc , I am not destitute to say which is most perfection ( although som who beleev they thinke favourably of divorce , esteem it only venial to infirmity ) Him I hold more in the way to perfection who forgoes an unfit ungodly & discordant wedloc , to live according to peace & love , & Gods institution in a fitter chois , then he who debarrs himself the happy experience of all godly , which is peaceful conversatiō in his family , to live a contentious , and unchritian life not to be avoided , in temptations not to be liv'd in , only for the fals keeping of a most unreal nullity , a mariage that hath no affinity with Gods intention , a daring phantasm , a meer toy of terror awing weak senses , to the lamentable superstition of ruining themselves , the remedy wherof God in his law voutsafes us . Which not to dare use , he warranting , is not our perfection , is our infirmity , our little faith , our timorous and low conceit of charity : and in them who force us , it is their masking pride and vanity , to seem holier & more circumspect then God. So far is it that we need impute to him infirmity , who thus divorces : since the rule of perfection is not so much that which was don in the beginning , as that which now is nearest to the rule of charity . This is the greatest , the perfetest , the highest commandment . V. 9. And I say unto you , who so shall put away his wife , except it be for Fornication , and shall marry another , committeth adultery ; and whose marrieth her which is put away , doth commit adultery . [ And I say unto you ] That this restrictive denouncement of Christ contradicts and refutes that permissive precept of Moses , common expositers themselves disclaime : and that it does not traverse from the closet of conscience to the courts of civil or canon law , with any Christian rightly commenc't requires not long evincing . If Christ then did not heer check permissive Moses , nor did reduce matrimony to the beginning more then all other things , as the reason of mans condition could beare , we would know precisely what it was which he did , and what the end was of his declaring thus austerely against divorce . For this is a confesst oracle in law , that he who lookes not at the intention of a precept , the more superstitions he is of the letter , the more he misinterprets . Was it to shame Moses ? that had beene monstrous : or all those purest ages of Israel , to whom the permission was granted ? that were as incredible . Or was it that he who came to abrogate the burden of law , not the equity , should put this yoke upon a blamelesse person , to league himselfe in chaines with a begirting mischeif , not to separat till death ? hee who taught us that no man puts a peece of new cloth upon an old garment , nor new wine into old bottles , that he should sow this patch of strictnes upon the old apparel of our frailty , to make a rent more incurable , when as in all other amendments his doctrine still charges , that regard be had to the garment , and to the vessel , what it can endure ; this were an irregular and single peece of rigor , not onely sounding disproportion to the whole Gospel , but outstretching the most rigorous nervs of law and rigor it selfe . No other end therefore can bee left imaginable of this excessive restraint , but to bridle those erroneous and licentious postillers the Pharises ; not by telling them what may bee done in necessity , but what censure they deserve who divorce abusively , which their Tetrarch had done . And as the offence was in one extreme , so the rebuke , to bring more efficaciously to a rectitude and mediocrity , stands not in the middle way of duty , but in the other extreme . Which art of powerfull reclaiming , wisest men have also taught in their ethical precepts and gnomologies ; resembling it , as when wee bend a crooked wand the contrary way ; not that it should stand so bent , but that the overbending might reduce it to a straitnesse by its own reluctance . And as the Physician cures him who hath tak'n down poyson , not by the middling temper of nourishment , but by the other extreme of antidote , so Christ administers heer a sharpe & corrosive sentence against a foul and putrid licence ; not to eate into the flesh , but into the sore . And knowing that our divines through all their comments make no scruple , where they please , to soften the high and vehem ent speeches of our Saviour , which they call hyperbolics , why in this one text should they be such crabbed masorites of the Letter , as not to mollifie a transcendence of literal rigidity , which they confesse to find often elsewhere in his manner of delivery , but must make their exposition heer such an obdurat Cyclops , to have but one eye for this text , and that onely open to cruelty and enthralment , such as no divine , or human law before ever heard of . No , let the foppish canouist with his fardel of matrimonial cases goe and be vendible where men bee so unhappy as to cheap'n him ; the words of Christ shall be asserted from such elementall notaries , and resolv'd by the now-only lawgiving mouth of charity ; which may be done undoubtedly by understanding them as followes . [ Whosoever shall put away his wife . ] That is to say , shall so away as the propounders of this question , the Pharisees were wont to doe and covertly defended Herod for so doing ; whom to rebuke , our Saviour heer mainely intends , and not to determine all the cases of divorce , as appeares by Saint Paul. Whosoever shall put away , either violently without mutuall consent for urgent reasons , or conspiringly by plot of lust , or cunning malice , shall put away for any sudden mood , or contingency of disagreement , which is not daily practice , but may blow soone over , and be reconcil'd , except it bee fornication ; whosoever shall put away rashly , as his choler prompts him , without due time of deliberating , and thinke his conscience discharg'd only by the bill of divorce giv'n , and the outward law satisfi'd ; whosoever lastly shall put away his wife , that is a wife indeede , & not in name only , such a one who both can and is willing to bee a meet helpe toward the cheif ends of mariage both civil , and sanctify'd , except fornication be the cause , that man , or that pair committ adulcery . Not he who puts away by mutuall consent , with all the considerations and respects of humanity and gentlenesse without malicious or lustfull drift . Not he who after sober and coole experience , and long debate within himself puts away whom though he cannot love or suffer as a wife , with that sincere affection that marriage requires , yet loves at lest with that civility and goodnesse , as not to keepe her under a neglected and unwelcom residence , where nothing can be hearty , and not beeing , it must needs bee both unjoyous and injurious to any perceaving person so detain'd , and more injurious , then to be freely , and upon good termes dismist . Nor doth hee put away adulterously who complaines of causes rooted in immutable nature , utter unfitnesse , utter disconformity , not concileable , because not to be amended without a miracle . Nor hee who puts away an unquenshable vexation from his bosom , and flies an evil then which a greater cannot befall human society . Nor hee who puts away with the the full suffrage and applause of his conscience , not relying on the writt'n bill of law , but claiming by faith and fulnes of perswasion the rights and promises of Gods institution , of which hee finds himselfe in a mistak'n wedlock defrauded . Doubtlesse this man hath baile anough to bee no adulterer giving divorc : for these causes . [ His Wife . ] This word is not to be idle here , a meere word without a sense , much lesse a fallacious word signifying contrary to what it pretends ; but faithfully signifies a wife , that is , a comfortable helpe and society , as God instituted ; does not signify deceitfully under this name , an intolerable adversary , not a helpelesse , unaffectionate and sullen masse whose very company represents the visible and exactest figure of lonelines it selfe . Such an associate he who puts away , divorces not a wife , but disjoyns a nullity which God never joyn'd , if she be neither willing , nor to her proper and requisite duties sufficient , as the words of God institute her . And this also is Bucers explicat●on of this place . [ Except it bee for fornication , or saving for the cause of fornication , as Matt. 5th . This declares what kind of causes our Saviour meant ; fornication being no natural and perpetual cause , but onely accidental and temporary ; therefore shewes that head of causes from whence it is excepted , to bee meant of the same sort . For exceptions are not logically deduc't from a divers kind , as to say who so puts away for any naturall cause except fornication , the exception would want salt . And if they understand it , who so for any cause what ever , they cast themselves ; granting divorce for frigidity a naturall cause of their own allowing , though not heer exprest , and for desertion without infidelity when as he who marries , as they allow him for a desertion , deserts as well as is deserted , and finally puts away , for another cause besides adultery . It will with all due reason therefore be thus better understood , who so puts away for any accidental and temporary causes , except one of them , which is fornication . Thus this exception finds out the causes from whence it is excepted , to be of the same kind , that is , casuall , not continuall . [ Saving for the cause of fornication . ] The New Testament , though it be said originally writt in Greeke , yet hath nothing neer so many Atticisms as Hebraisms , & Syriacisms which was the Majesty of God , not filing the tongue of Scripture to a Gentilish Idiom , but in a princely manner offring to them as to Gentiles and Foreiners grace and mercy , though not in forein words , yet in a forein stile that might induce them to the fountaines ; and though their calling were high and happy , yet still to acknowledge Gods ancient people their betters , and that language the Metropolitan language . He therefore who thinks to Scholiaze upon the Gospel , though Greek , according to his Greek Analogies , and hath not bin Auditor to the oriental dialects , shall want in the heat of his Analysis no accomodation to stumble . In this place , as the 5th of Matth , reads it , Saving for the cause of fornication , the Greek , such as it is , sounds it , except for the word , report , speech , or proportion of fornication . In which regard with other inducements , many ancient and learned writers have understood this exception as comprehending any fault equivalent and proportional to fornication But truth is , the Evangelist heer Hebraizes , taking word or speech for cause or matter in the common eastern phrase , meaning perhaps no more then if he had said for fornication , as in this 19th chapter . And yet the word is found in the 5th of Exodus also fignifying Proportion ; where the Israelites are commanded to doe their tasks , The matter of each day in his day . A task we know is a proportion of work not doing the same thing absolutely every day , but so much . Whereby it may be doubtfull yet , whether heer be not excepted not only fornication it self , but other causes equipollent , and proportional to fornication . Which very word also to understand rightly , wee must of necessity have recours again to the Ebrew . For in the Greek and Latin sense by fornication is meant the common prostitution of body for sale . So that they who are so exact for the letter , shall be dealt with by the Lexicon , and the Etymologicon too if they please , and must be bound to forbidd divorce for adultery also , untill it come to open whoredom and trade , like that for which Claudius divorc't Messalina . Since therfore they take not heer the word fornication in the common significance , for an open exercise in the stews , but grant divorce for one single act of privatest adultery , notwithstanding that the word speakes a public and notorious frequency of fact , not without price , we may reason with as good leav , and as little straining to the text , that our Saviour on set purpose chose this word Fornication , improperly appli'd to the lapse of adultery , that we might not think our selvs bound from all divorce , except when that fault hath bin actually committed . For the language of Scripture signifies by fornication ( and others beside St. Austin so expounded it ) not only the trespas of body nor perhaps that between maried persons , unlesse in a degree or quality as shameles as the Bordello , but signifies also any notable disobedience , or intractable cariage of the wife to the husband , as Judg. the 192. Whereof at large in the Doctrin of Divorce . l. 2. c. 18 Secondly signifies the apparent alienation of mind not to idolatry , ( which may seeme to answer the act of adultery ) but farre on this side , to any point of will worship , though to the true God ; some times it notes the love of earthly things , or worldly pleasures though in a right beleever , some times the least suspicion of unwitting idolatry . As Num. 15. 39. willsull disobedience to any the least of Gods commandements is call'd fornication . Psal . 73. 26 , 27. A distrust only in God , and withdrawing from that neernes of zeal and confidence which ought to be , is call'd fornication . We may be sure it could not import thus much less then Idolatry in the borrow'd metaphor between God and man , unless it signifi'd as much less then adultery in the ordinary acception between man and wife . Adde also that there was no need our Saviour should grant divorce for adultery , it being death by law , and law then in force . Which was the cause why Joseph sought to put away his betrothed wife privately , least he should make her an example of capitall punishment , as lernedest expounders affirm , Herod being a great zelot of the Mosaic law , and the Pharises great maisters of the text , as the woman tak'n in adultery doubtless had cause to fear . Or if they can prove it was neglected , which they cannot doe , why did our Saviour shape his answer to the corruption of that age , and not rather tell them of their neglect ? If they say he came not to meddle with their judicatures , much less then was it in his thought to make them new ones , or that divorce should be judicially restrain'd in a stricter manner by these his words , more then adultery judicially acquitted by those his words to the adultres . His sentence doth no more by law forbidd divorce heer , then by law it doth absolve adultery there . To them therefore , who have drawn this yoke upon Christians from his words thus wrested , nothing remaines but the guilt of a presumption and perversnes which will be hard for them to answer . Thus much that the word fornication is to be understood as the language of Christ understands it , for a constant alienation and disaffection of mind , or for the continual practise of disobedience and crossnes from the duties of love and peace , that is in summ , when to be a tolerable wife is either naturally not in their power , or obstinatly not in their will , and this opinion also is St. Austins , least it should hap to be suspected of novelty . Yet grant the thing heer meant were only adultery , the reason of things will afford more to our assertion , then did the reason of words . For why is divorce unlawfull but only for adultery ? because , say they , that crime only breaks the matrimony . But this , I reply , the institution itselfe gainsaies : for that which is most contrary to the words and meaning of the institution , that most breaks the matrimony ; but a perpetuall unmeetnes and unwillingnesse to all the duties of helpe , of love and tranquillity is most contrary to the words and meaning of the institution ; that therefore much more breaks matrimony then the act of adultery though repeated . For this , as it is not felt , nor troubles him who perceaves it not , so beeing perceav'd , may be soon repented , soon amended , soon , if it can be pardon'd , may be redeem'd w th the more ardent love and duty in her who hath the pardon . But this naturall unmeetnes both cannot be unknown long , and ever after cannot be amended , if it be natural , and will not , if it be farregon obstinat . So that wanting ought in the instant to be as great a breach as adultery , it gains it in the perpetuity to be greater . Next adultery does not exclude her other fitnes , her other pleasingnes ; she may be otherwise both loving and prevalent , as many adultresses be ; but in this general unfitnes or alienation she can be nothing to him that can please . In adultery nothing is given from the husband , which he misses , or enjoyes the less , as it may be suttly giv'n : but this unfitnes defrauds him of the whole contentment which is sought in wedloc . And what benefit to him , though nothing be giv'n by the stealth of adultery to another , if that which there is to give , whether it be solace , or society , be not such as may justly content him ? and so not only deprives him of what it should give him , but gives him sorrow and affliction , which it did not ow him . Besides is adultery the greatest breach of matrimony in respect of the offence to God , or of the injury to man ? if in the former , then other sins may offend God more , and sooner cause him to disunite his servant from being one flesh with such an offender . If in respect of the latter , other injuries are demonstrated therein more heavy to mans nature then the iterated act of adultery . God therfore in his wisedom would not so dispose his remedies , as to provide them for the less injuries , and not allow them for the greater . Thus is won both from the word fornication , & the reason of adultery , that the exception of divorce is not limitted to that act , but enlarg'd to the causes above specify'd . [ And who so marieth her which is put away doth committ adultery . By this clause alone , if by nothing els , we may assure us , that Christ intended not to deliver heer the whole doctrin of divorce , but only to condemn abuses . Otherwise to marry after desertion , which the Apostle , and the reformed Churches at this day permitt , is heer forbid , as adultery . Be she never so wrongfully deserted , or put away , as the law then suffer'd , if thus forsak'n and expulst , she accept the refuge and protection of any honester man who would love her better , and give her self in mariage to him , by what the letter guides us , it shall be present adultery to them both . This is either harsh and cruel , or all the Churches teaching as they doe the contrary , are loos and remiss ; besides that the Apostle himselfe stands deeply fin'd in a contradiction against our Saviour . What shall we make of this ? what rather the common interpreter can make of it , for they be his own markets , let him now trie ; let him trie which way he can wind in his Vertumnian distinctions and evasions , if his canonical gabardine of text and letter do not now sit too close about him , and pinch his activity ; which if I erre not , hath heer hamper'd it selfe in a springe fitt for those who put their confidence in Alphabets . Spanheim a writer of Evangelic doubts comes now and confesses that our Saviours words are to be limited beyond the limitation there exprest and excepted beyond their own exception , as not speaking of what happn'd rarely , but what most commonly . Is it so rare Spanheim , to be deserted , or was it then so rare to put away injuriously , that a person so hatefully expell'd , should to the heaping of more injury be turn'd like an infectious thing out of all maried fruition upon pain of adultery , as not considerable to the brevity of this halfe sentence ? Of what then speakes our Saviour ? of that collusion , saith he , which was then most frequent among the Jews of changing wives and husbands , through inconstancy and unchast desires . Colluders your selves , as violent to this law of God by your unmercifull binding , as the Pharises by their unbounded loosning ! Have thousands of Christian souls perisht as to this life , and God knows what hath betided their consciences , for want of this healing explanation , and is it now at last obscurely drawn forth , only to cure a scratch , and leave the main wound spouting ? Who so ever putteth away his wife except for fornication committeth adultery ; That shall be spoke of all ages , and all men , though never so justly otherwise mov'd to divorce : in the very next breath , And who so marieth her which is put away committeth adultery , the men are new and miraculous , they tell you now you are to limit it to that age , when it was in fashion to chop matrimonies ; and must be meant of him who puts away with his wives consent through the lightnes , and leudnes of them both . But what rule of Logic , or indeed of reason is our commission to understand the Anteeedent one way and the Consequent another ; for in that habitude this whole vers may be fider'd : or at least to take the parts of a copulat axiom , both absolutely affirmative , and to say the first is absolutely true , the other not , but must bee limited to a certain time and custome ; which is no lesse then to say they are both false . For in this compound axiom , be the parts never so many , if one of them doe but falter , & be not equally absolute and generall , the rest are all fals . If therefore , that he who marries her which is put away committs adultery , be not generally true , neither is it generally true that he committs adultery who puts away for other cause then fornication . And if the marrying her which is put away must be understood limited , which they cannot but yeild it must , with the same limitation must be understood the putting away . Thus doth the common exposition confound it selfe , and justify this which is heer brought ; that our Saviour as well in the first part of this sentence as in the second , prohibited onely such divorses as the Jewes then made through malice or through plotted licence , not those which are for necessary and just causes ; where charity and wisedome disjoyns , that which not God , but Error and Disastre joyn'd . And there is yet to this our exposition , a stronger siding freind , then any can be an adversary , unlesse Saint Paul be doubted , who repeating a command concerning divorce , 1 Cor. 7. which is agreed by writers to be the same with this of our Saviour , and appointing that the wife remaine unmaried , or be reconcil'd to her husband , leavs it infallible that our Saviour spake cheifly against putting away for casual and choleric disagreements , or any other cause which may with human patience and wisedom be reconcil'd , not hereby meaning to hale and dash together the irreconcilable aversations of nature , nor to tie up a faultlesse person like a parricide , as it were into one sack with an enemy , to be his causelesse tormenter and executioner the length of a long life . Lastly , let this sentence of Christ bee understood how it will , yet that it was never intended for a judicial law , to be inforc'd by the Magistrat , besides that the office of our Saviour had no such purpose in the Gospel , this latter part of the sentence may assure us , And who so marrieth her which is put away committs adultery . Shall the exception for adultery belong to this clause or not ? if not , it would be strange , that he who marries a woman really divorc't for adultery , as Christ permitted , should become an adulter by marrying one who is now no other mans wife , himself being also free , who might by this meanes reclaim her from common whordome . And if the exception must belong hither , then it followes that he who marries an adultresse divorc'd , commits no adultry ; which would soone discover to us what an absurd and senseles peece of injustice this would be , to make a civil statute of , in penal courts : whereby the adultresse put away may marry another safely , and without a crime to him that marries her : but the innocent and wrongfully divorc'd shall not marry again without the guilt of adultery both to her selfe and to her second husband . This saying of Christ therefore cannot be made a temporal law , were it but for this reason . Nor is it easie to say what coherence there is at all in it from the letter , to any perfet sense not obnoxious to som absurdity , and seems much lesse agreeable to what ever els of the Gospel is left us written ; doubtles by our Saviour spok'n in that fiercenes and abstruse intricacy , first to amuse his tempters , and admonish in general the abusers of that Mosaic law ; next to let Herod know a second knower of his unlawfull act , though the Baptist were beheaded ; last that his Disciples and all good men might learne to expound him in this place , as in all other his precepts , not by the written letter , but by that unerring paraphrase of Christian love and Charity , which is the summe of all commands , and the perfection . Vers . 10. His Disciples say unto him , if the case of the man be so with his wife , it is not good to marry . This verse I adde , to leave no objection behind unanswer'd : for some may thinke , if this our Saviours sentence be so faire , as not commanding ought that patience or nature cannot brook , why then did the Disciples murmur and say , it is not good to marry . I answer that the Disciples had bin longer bred up under the Pharisaean doctrin , then under that of Christ , and so no marvel though they yet retain'd the infection of loving old licentious customs ; no marvel though they thought it hard they might not for any offence that throughly anger'd them , divorce a wife , as well as put away a servant ; since it was but giving her a bill , as they were taught . Secondly , it was no unwonted thing with them not to understand our Saviour in matters farre easier . So that bee it granted their conceit of this text was the same which is now commonly conceiv'd , according to the usuall rate of their capacity then , it will not hurt a better interpretation . But why did not Christ seeing their error informe them ? for good cause ; it was his profest method not to teach them all things at all times , but each thing in due place and season . Christ said Luke 22. that hee who had no sword should sell his garment and buy one : the Disciples tooke it in a manifest wrong sense , yet our Saviour did not there informe them better . He told them it was easier for a Camell to go through a needles eye , then a rich man in at heav'n gate . They were amaz'd exceedingly : he explain'd himselfe to meane of those who trust in riches , Mark 10. They were amaz'd then out of measure , for so Marke relates it ; as if his explaining had increas'd their amazement , in such a plaine case , and which concern'd so neerely their calling to be inform'd in Good reason therefore , if Christ at that time did not stand amplifying , to the thick prejudice and tradition where in they were , this question of more difficulty , and lesse concernment to any perhaps of them in particular . Yet did he not omitt to sow within them the seeds of a sufficient determining , agen the time that his promis'd spirit should bring all things to their memory . Hee had declar'd in their hearing not long before , how distant hee was from abolishing the law it selfe of divorce ; hee had referr'd them to the institution ; and after all this , gives them a set answer , from which they might collect what was cleer anough , that all men cannot receive all sayings , verse 11. If such regard bee had to each mans receiving of mariage or single life , what can arise , that the same christian regard should not bee had in most necessary divorce ? All which instructed both them and us , that it beseem'd his Disciples to learne the deciding of this question , which hath nothing new in it , first by the institution , then by the generall grounds of religion , not by a particular saying here or there , temper'd and level'd only to an incident occasion , the riddance of a tempting assault . For what can this bee but weake and shallow apprehension , to forsake the standard principles of institution , faith , & charity ; then to be blanke & various at every occurrence in Scripture , and in a cold Spasm of scruple , to reare peculiar doctrines upon the place ; that shall bid the gray autority of most unchangeable and sovran rules to stand by & be contradicted . Thus to this Evangelic precept of famous difficulty , which for these many ages weakly understood , and violently put in practice , hath made a shambles rather then an ordinance of matrimony , I am firme a truer exposition cannot be given . If this or that argument heer us'd , please not every one , there is no scarsity of arguments , any halfe of them will suffice , Or should they all faile , as Truth it selfe can faile as soon , I should content me with the institution alone to wage this controversie , and not distrust to evince . If any need it not , the happier ; yet Christians ought to study earnestly what may be anothers need . But if , as mortall mischances are , som hap to need it , let them be sure they abuse not , and give God his thanks , who hath reviv'd this remedy , not too late for them , and scowr'd off an inveterat misexposition from the Gospel : a work not to perish by the vaine breath or doome of this age . Our next industry shall bee , under the same guidance , to try with what fidelity that remaining passage in the Epistles touching this matter , hath bin commented . 1 COR. 7. 10 , &c. 10. And unto the maried I command , &c. 11. And let not the husband put away his wife . THis intimates but what our Saviour taught before , that divorce is no rashly to be made , but reconcilement to be persuaded and endevo'rd , as oft as the cause can have to doe with reconcilement , & is not under the dominion of blameles nature ; which may have reason to depart though seldomest and last from charitable love , yet somtimes from friendly , and familiar , and somthing oftner from conjugal love , which requires not only moral , but natural causes to the making and maintayning ; and may be warrantably excus'd to retire from the deception of what it justly seeks , and the ill requitals which unjustly it finds . For Nature hath her Zodiac also , keepes her great annual circuit over human things as truly as the Sun and Planers in the firmament ; hath her anomalies , hath her obliquities in ascensions and declinations , accesses and recesses , as blamelesly as they in heaven . And sitting in her planetary Orb with two rains in each hand , one strait , the other loos , tempers the cours of minds as well as bodies to several conjunctions and oppositions , freindly , or unfriendly aspects , consenting oftest with reason , but never contrary . This in the effect no man of meanest reach but daily sees ; and though to every one it appeare not in the cause , yet to a cleare capacity , well nurtur'd with good reading and observation , it cannot but be plaine and visible . Other exposition therefore then hath bin given to former places that give light to these two summary verses , will not be needfull : save onely that these precepts are meant to those maried who differ not in religion . [ But to the rest speake I , not the Lord ; if any brother hath a wife that beleeveth not , and she be pleased to dwell with him , let him not put her away . Now followes what is to be done , if the persons wedded be of a different faith . The common beleef is , that a christian is heer commanded not to divorce , if the infidel please to stay , though it be but to vexe , or to deride , or to seduce the christian . This doctrin will be the easie worke of a refutation . The other opinion is , that a christian is heer conditionally permitted to hold wedloc with a misbeleever only upon hopes limited by christian prudence , which without much difficulty shall be defended . That this heer spoken by Paul , not by the Lord cannot be a command , these reas avouch . First the law of Moses , Exod. 34. 16. Dent. 7. 3. 6. interpreted by Ezra , and Nehemiah two infallible authors , commands to divorce an infidel not for the feare onely of a ceremonious defilement , but of an irreligious seducem ent , fear'd both in respect of the beleever himselfe , and of his children in danger to bee perverted by the misbeleeving parent . Nehem. 13. 24. 26 and Peter Martyr thought this a convincing reason . If therefore the legal pollution vanishing have abrogated the ceremony of this law , so that a christian may be permitted to retaine an infidel without uncleannes , yet the moral reason of divorcing stands to eternity , which neither Apostle nor Angel from heaven can countermand . All that they reply to this , is their human warrant , that God will preserve us in our obedience to this command against the danger of seducement . And so undoubtedly he will , if we understand his commands aright ; if we turn not this evangelic permission into a legal , and yet illegal command : If we turne not hope into bondage , the charitable and free hope of gaining another , into the forc't and servil temptation of loosing our selves ; but more of this beneath . Thus these words of Paul by common doctrin made a command , are made a contradiction to the morall law . Secondly , not the law only , but the Gospel from the law , and from it selfe requires even in the same chapter , where divorce between them of one religion is so narrowly forbidd , rather then our christian love should come into danger of backsliding , to forsake all relations how neer so ever , and the wife expresly , with promise of a high reward , Mat. 19. And he who hates not father or mother , wife , or children hindring his christian cours , much more , if they despise or assault it , cannot be a Disciple , Luke 14. How can the Apostle then command us , to love and continue in that matrimony , which our Saviour bids us hate , and forsake ? They can as soon teach our faculty of respiration to contract and to dilate it selfe at once , to breath and to fetch breath in the same instant , as teach our minds how to doe such contrary acts as these , towards the same object , and as they must he done in the same moment . For either the hatred of her religion , & her hatred to our religion will work powerfully against the love of her society , or the love of that will by degrees flatter out all our zealous hatred and forsaking and soone ensnare us to unchristianly compliances . Thirdly , In mariage there ought not only to be a civil love , but such a love as Christ loves his Church ; but where the religion is contrary without hope of conversion , there can be no love , no faith , no peacefull society , ( they of the other opinion confess it ) nay there ought not to be , furder then in expectation of gaining a soul ; when that ceases , we know God hath put enmity between the seed of the woman , and the seed of the Serpent . Neither should we love them that hate the Lord , as the Prophet told Jehosaphat . 2 Chron. 19. And this Apostle himselfe in another place , warns us that we be not unequally yokt with Infidels 2 Cor. 6. for that there can be no fellowship , no communion , no concord between such . Outward commerce and civil intercours cannot perhaps be avoided ; but true friendship and familiarity there can be none . How vainly therefore , not to say how impiously would the most inward and dear alliance of mariage or continuance in mariage be commanded , where true friendship is confest impossible . For say they , wee are forbidd heer to marry with an infidel , not bid to divorce . But to rob the words thus of their full sense will not be allow'd them : it is not said , enter not into yoke , but be not unequally yokt ; which plainly forbids the thing in present act , as well as in purpose ; and his manitest conclu●ion is , not only that we should not touch , but that having toucht , we should come out from among them , and be separat ; with the promise of a blessing thereupon that God will receave us , will be our father , and we his sons and daughters . v. 17. 18. Why we should stay with an Infidel after the expence of all our hopes , can be but for a civil relation ; but why we should depart from a seducer , setting afide the misconstruction of this place , is from a religious necessity of departing . The wors cause therefore of staying ( if it be any cause at all , for civil government forces it not ) must not overtop the religious cause of separating , executed with such an urgent zeal , & such a prostrate humiliation by Ezra and Nehemiah . What God hates to joyn , certainly he cannot love should continue joyn'd : it being all one in matter of ill consequence , to marry , or to continue maried with an Infidel , save only so long as we wait willingly , and with a safe hope . St. Paul therefore citing heer a command of the Lord Almighty , for so he terms it , that we should separate , cannot have bound us with that which he calls his own whether command or counsel that we should not separate . Which is the fourth reason , for he himselfe takes care least we should mistake him , [ But to the rest speak If not the Lord. ] If the Lord spake not , then man spake it and man hath no Lordship to command the conscience : yet modern interpreters will have it a command maugre St. Paul himselfe , they will make him a Prophet like Caiaphas to speak the word of the Lord not thinking , nay denying to think ; though he disavow to have receav'd it from the Lord , his word shall not be tak'n , though an Apostle , he shall be born down in his own Epistle , by a race of expositers who presume to know from whom he spake , better then he himselfe . Paul deposes that the Lord speaks not this , they , that the Lord speaks it : can this be less then to brave him with a full fac't contradiction ? Certainly to such a violence as this , for I cannot call it an expounding , what a man should answer I know not , unless that if it be their pleasure next to put a gag into the Apostles mouth , they are already surnisht with a commodious audacity toward the attempt . Beza would seem to shun the contradictory by telling us that the Lord spake it not in person , as he did the former precept . But how many other doctrines doth St. Paul deliver which the Lord spake not in person , and yet never uses this preamble but in things indifferent ? So long as we receave him for a messenger of God , for him to stand sorting sentences what the Lord spake in person , and what he , not the Lord in person , would be but a chill trifling , and his readers might catch an ague the while . But if we shall supply the grammatical Ellipsis regularly , and as we must in the sam tense , all will be then cleer , for we cannot supply it thus , to the rest I speake , the Lord spake not , but I speake , the Lord speaks not . If then the Lord neither spake in person nor speakes it now , the Apostle testifying both , it follows duely , that this can be no command . Forsooth the fear is , least this not being a command , would prove an evangelic counsel , & so make way for supererogations . As if the Apostle could not speak his mind in things indifferent , as he doth in fowr or five several places of this chapter with the like preface of not commanding , but that the doubted inconvenience of supererogating must needs rush in . And how adds it to the word of the Lord , ( for this also they object ) when as the Apostle by his christian prudence guids us in the liberty which God hath left us to , without command ? could not the spirit of God instruct us by him what was free , as well as what was not ? But what need I more , when Cameron an ingenuous writer , and in high esteem , solidly confutes the surmise of a command heer , and among other words hath these . That when Paul speaks as an Apostle , he uses this forme , The Lord saith , not I v 10. but as a privat man he saith , I speak , not the Lord. And thus also all the prime fathers Austin , Jerom , and the rest understood this place . Fiftly , The very stating of the question declares this to be no command ; If any brother hath an unbeleeuing wife , and she be pleased to dwell with him , let him not put her away . For the Greek word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 does not imply only her being pleas'd to stay , but his being pleas'd to let her stay ; it must be a consent of them both . Nor can the force of this word be render'd less , without either much negligence or iniquity of him that otherwise translates it . And thus the Greek Church also and their Synods understood it , who best knew what their own language meant , as appeares by Matthaeus Monachus an author set forth by Leunclauius and of antiquity perhaps not inferior to Balsamon who writes upon the canons of the Apostles ; this Author in his chap. that mariage is not to be made with heretics , thus recites the second canon of the 6. Synod , As to the Corinthians Paul determins , If the beleeving wife choos to live with the unbeleeving husband , or the beleeving husband with the unbeleeving wife . Mark saith he , how the Apostle heer condescends , if the beleever please to dwell with the unbeleever ; so that if he please not , out of doubt the mariage is dissolv'd . And I am perswaded it was so in the beginning , and thus preach't . And thereupon gives an example of one , who though not deserted , yet by the decree of Theodotus the Patriarch divorc't an unbeleeving wife . What therefore depends in the plain state of this question on the consent and well liking of them both , must not be a command . Lay next the latter end of the 11. v , to the twelf ( for wherefore els is Logic taught us ) in a discrete axiom , as it can be no other by the phrase , The Lord saith , let not the husband put away his wife , But I say let him not put away a misbeleeving wife ; this sounds as if by the judgement of Paul , a man might put away any wife but the misbeleeving ; or els the parts are not discrete , or dissentanie , for both conclude not putting away , and consequently in such a form the proposition is ridiculous . Of necessity therfore the former part of this sentence must be conceav'd , as understood , and silently granted , that although the Lord command to divorce an infidel , yet I , not the Lord command you ? No , but give my judgement , that for som evangelic reasons a christian may be permitted not to divorce her . Thus while we reduce the brevity of St. Paul to a plainer sense , by the needfull supply of that which was granted between him and the Corinthians , the very logic of his speech extracts him confessing that the Lords command lay in a seeming contrariety to this his counsel : and that he meant not to thrust out a command of the Lord by a new one of his own , as one nail drives another , but to release us from the rigor of it , by the right of the Gospel , so farre forth as a charitable cause leads us on in the hope of winning another soule without the peril of loosing our own . For this is the glory of the Gospel to teach us that the end of the commandment is charity , 1 Tim. 1. not the drudging out a poore and worthlesse duty forc't from us by the taxe , and taile of so many letters . This doctrine therefore can bee no command , but it must contradict the moral law , the Gospel , and the Apostle himselfe both else where , and heere also eevn in the act of speaking . If then it be no command , it must remain to be a permission , and that not absolute , for so it would be still contrary to the law , but with such a caution as breaks not the law , but as the manner of the Gospel is , fulfills it through charity . The law had two reasons , the one was ceremonial , the pollution that all Gentiles were to the Jewes ; this the vision of Peter had abolisht , Acts 10. and clens'd all creatures to the use of a Christian . The Corinthians understood not this , but fear'd lest dwelling in matrimony with an unbeleever , they were defil'd . The Apostle discusses that scruple with an Evangelic reason , shewing them that although God heretofore under the law , not intending the conversion of the Gentiles , except some special ones , held them as polluted things to the Jew , yet now purposing to call them in , he hath purify'd them from that legal uncleannesse wherein they stood , to use and to be us'd in a pure manner . For saith he , The unbeleeving husband is sanctifi'd by the wife , and the unbeleeving wife , is sanctifi'd by the husband , else were your children uncleane ; but now they are holy . That is , they are sanctify'd to you , from that legal impurity which you so feare ; and are brought into a neer capacity to be holy , if they beleeve , and to have free accesse to holy things . In the mean time , as being Gods creatures , a christian hath power to use them according to their proper use ; in as much as now , all things to the pure are become pure . In this legal respect therefore ye need not doubt to continue in mariage with an unbeleever . Thus others also expound this place and Cameron especially . This reason warrants us onely what wee may doe without feare of pollution , does not binde us that we must . But the other reason of the law to divorce an infidel was moral , the avoiding of enticement from the true faith . This cannot shrink ; but remains in as full force as ever , to save the actuall christian from the snare of a misbeleever . Yet if a Christian full of grace and spirituall gifts finding the misbeleever not frowardly affected , feares not a seducing , but hopes rather a gaining , who sees not that this morall reason is not violated by not divorcing , which the law commanded to doe , but better fulfill'd by the excellence of the Gospel working through charity . For neither the faithfull is seduc't , and the unfaithfull is either sav'd , or with all discharge of love , and evangelic duty sought to be sav'd . But contrarywise if the infirme Christian shall bee commanded here against his minde , against his hope , and against his strength , to dwell with all the scandals , the houshold persecutions , or alluring temptations of an infidel , how is not the Gospel by this made harsher then the law , and more yoaking ? Therefore the Apostle ere he deliver this other reason why wee need not in all hast put away an infidel , his mind misgiving him least he should seem to be the imposer of a new command , staies not for method , but with an abrupt speed inserts the declaration of their liberty in this matter . But if the unbeleeving depart , let him depart ; a brother or a sister is not under bondage in such cases : but God hath called us to peace . [ But if the unbeleeving depart . ] This cannot be restrain'd to locall departure only ; for who knows not that an offencive society is worse then a forsaking . If his purpose of cohabitation be to endanger the life , or the conscience , Beza himselfe is halfe perswaded , that this may purchase to the faithfull person the same freedome that a desertion may ; and so Gerard and others whom he cites . If therefore he depart in affection , if hee depart from giving hope of his conversion , if he disturb , or scoffe at religion , seduce , or tempt , if he rage , doubtlesse not the weake only , but the strong may leave him , if not for feare , yet for the dignities sake of religion , which cannot be liable to all base affronts , meerely for the worshiping of a civil mariage . I take therefore departing to bee as large as the negative of being well pleas'd : that is , if he be not pleas'd for the present to live lovingly , quietly , inoffensively , so as may give good hope ; which appeares well by that which followes . [ A brother or a sister is not under bondage in such cases . ] If Saint Paul provide seriously against the bondage of a christian , it is not the only bondage to live unmaried for a deserting infidel , but to endure his presence intolerably , to beare indignities against his religion in words or deedes , to be wearied with seducements , to have idolatries and superstitions ever before his eyes , to be tormented with impure and prophane conversation , this must needs be bondage to a christian ; is this left all unprovided for , without remedy , or freedom granted ? undoubtedly no , for , the Apostle leavs it furder to be consider'd with prudence , what bondage a brother or sister is not under , not onely in this case , but as hee speaks himselfe plurally , in such cases . [ But God hath called us to peace . ] To peace , not to bondage , not to brabbles and contentions with him who is not pleas'd to live peaceably , as mariage and christianity requires . And where strise arises from a cause hopelesse to be allayd , what better way to peace then by separating that which is ill joyn'd . It is not divorce , that first breaks the peace of family , as som fondly comment on this place , but it is peace already brok'n , which , when other cures fail can only be restor'd to the faultles person by a necessary divorce . And Saint Paul heer warrants us to seeke peace , rather then to remain in bondage . If God hath call'd us to peace , why should we not follow him , why should we miserably stay in perpetual discord under a servitude not requir'd ? [ For what knowest thou O wife , whether thou shalt save thy husband , &c. ] St. Paul having thus clear'd himselfe , not to goe about the mining of our christian liberty , not to cast a snare upon us , which to doe hee so much hated , returnes now to the second reason of that law to put away an infidel , for feare of seducement , which hee does not heer contradict with a command now to venture that ; but if neither the infirmity of the Christian , nor the strength of the unbeleever be fear'd , but hopes appearing that he may be won , he judges it no breaking of that law , though the beleever be permitted to forbeare divorce , and can abide , without the peril of seducement , to offer the charity of a salvation to wife or husband , which is the fulfilling , not the transgressing of that law ; and well worth the undertaking with much hazard and patience . For what knowest thou whether thou shalt save thy wife , that is , till all meanes convenient and possible with discretion and probability , as human things are , have bin us'd . For Christ himselfe sends not our hope on pilgrimage to the worlds end ; but sets it bounds beyond which we need not wait on a brother , much lesse on an infidell . If after such a time we may count a professing Christian no better then a heathen , after less time perhaps wee may cease to hope of a heathen , that hee will turne christian . Otherwise , to binde us harder then the law , and tell us wee are not under bondage , is meere mockery . If till the unbeleever please to part , we may not stirre from the house of our bondage , then certain this our liberty is not grounded in the purchas of Christ , but in the pleasure of a miscreant . What knowes the loyal husband whether he may not save the adulteresse , he is not therfore bound to receive her . What knowes the wife but shee may reclaim her husband who hath deserted her ? yet the reformed Churches doe not enjoyn her to wait longer then after the contempt of an Ecclesiastical Summons . Beza himselfe heer befriends us with a remarkable speech , what could be firmly constituted in human matters if under pretence of expecting grace from aboue , it should be never lawfull for us to seeke our right . And yet in other cases not lesse reasonable to obtain a most just and needfull remedy by divorce he turnes the innocent party to a taske of prayers beyond the multitude of beads and rosaries , to beg the gift of chastity in recompence of an injurious mariage . But the Apostle is evident anough , we are not under bondage , trusting that he writes to those who are not ignorant what bondage is , to let supercilious determiners cheat them of their freedome . God hath call'd us to peace , and so doubtlesse hath left in our hands how to obtaine it seasonably ; if it be not our own choise to sit ever like novices wretchedly servile . Thus much the Apostle on this question between Christian and Pagan , to us now of little use ; yet supposing it written for our instruction as it may be rightly apply'd , I doubt not but that the difference between a true beleever and a heretic , or any one truely religious either deserted or seeking divorce from any one grossly erroneous or profane may be referr'd hither . For St. Paul seaves us heer the solution not of this case only , which little concernes us , but of such like cases , which may occurr to us . For where the reasons directly square , who can forbid why the verdit should not be the same ? But this the common writers allow us not . And yet from this text which in plaine words gives liberty to none unlesse deserted by an infidel , they collect the same freedom though the desertion bee not for religion , which , as I conceive , they neede not doe ; but may without straining reduce it to the cause of fornication . For first they confesse that desertion is seldome without a just suspition of adultery : next it is a breach of mariage in the same kind , and in some sort worse : for adultery though it give to another , yet it bereaves not al ; but the deserter wholly denies all right , and makes one flesh twain , which is counted the absolutest breach of matrimony , and causes the other , as much as in him lies , to commit sin , by being so left . Neverthelesse those reasons which they bring of establishing by this place the like liberty from any desertion , are faire and solid : and if the thing be lawfull , and can be prov'd so , more waies then one , so much the safer . Their arguments I shall heer recite , and that they may not com idle , shall use them to make good the like freedome to divorce for other causes ; and that we are no more under bondage to any hainous default against the main ends of matrimony , then to a desertion : First they allege that to Tim. 1. 5. 8. If any provide not for those of his own house , hee hath deny'd the faith , and is worse then an Infidel . But a deserter , say they , can have no care of them who are most his owne , therefore the deserted party is not lesse to bee righted against such a one then against an infidel . With the same evidence I argue , that man or wife who hates in wedloc , is perpetually unsociable , unpeacefull , or unduteous , either not being able , or not willing to performe what the maine ends of mariage demand in helpe and solace , cannot bee said to care for who shou'd bee dearest in the house ; therefore is worse then an infidel in both regards , either in undertaking a duty which he cannot performe , to the undeserved and unspeakable injury of the other party so defrauded and betrai'd , or not performing what he hath undertaken , whenas he may or might have , to the perjury of himselfe more irreligious then heathenisme . The blamelesse person therefore hath as good a plea to sue out his delivery from this bondage , as from the desertion of an infidel . Since most writers cannot but grant that desertion is not only a local absence , but an intolerable society ; or if they grant it not , the reasons of Saint Paul grant it , with all as much leave as they grant to enlarge a particular freedom from paganisme , into a general freedom from any desertion . Secondly , they reafon from the likenes of either fact , the same losse redounds to the deserted by a christian , as by an infidel , the same peril of temptation . And I in like manner affirme that if honest and free persons may be allow'd to know what is most to their owne losse , the same losse and discontent , but worse disquiet with continuall misery and temptation resides in the company , or better call'd the persecution of an unfit , or an unpeaceable consort , then by his desertion . For then the deserted may enjoy himselfe at least . And he who deserts is more favourable to the party whom his presence afflicts , then that importunat thing which is and will be ever conversant before the eyes a loyal and individual vexation . As for those who still rudely urge it no loss to mariage , no desertion , so long as the flesh is present and offers a benevolence that hates , or is justly hated , I am not of that vulgar and low perswasion , to thinke such forc'd embracements as these worth the honour , or the humanity of mariage , but farre beneath the soul of a rational and freeborne man. Thirdly they say , it is not the infidelity of the deserter , but the desertion of the infidel from which the Apostle gives this freedom ; and I joyne that the Apostle could as little require our subjection to an unfit and injurious bondage present , as to an infidel absent . To free us from that which is an evil by being distant , and not from that which is an inmate , and in the bosome evil , argues an improvident and careles deliverer . And thus all occasions , which way so ever they turn , are not unofficious to administer somthing which may conduce to explain , or to defend the assertion of this book touching divorce . I complain of nothing , but that it is indeed too copious to be the matter of a dispute , or a defence , rather to be yeelded , as in the best ages , a thing of common reason , not of controversie . What have I left to say ? I fear to be more elaborat in such a perspicuity as this ; lest I should seem not to teach , but to upbraid the dulnes of an age ; not to commun with reason in men , but to deplore the loss of reason from among men : this only , and not the want of more to say , is the limit of my discours . Who among the sathers have interpreted the words of Christ concerning divorce , as is heer interpreted ; and what the civil law of Christian Emperors in the primitive Church determi'nd . Although testimony be in Logic an argument rightly call'd inartificial , & doth not solidly fetch the truth by multiplicity of Authors , nor argue a thing false by the few that hold so , yet seeing most men from their youth so accustom , as not to scanne reason , nor cleerly to apprehend it , but to trust for that the names and numbers of such , as have got , and many times undeservedly , the reputation among them to know much , and because there is a vulgar also of teachers , who are as blindly by whom they fancy led , as they lead the people , it will not be amiss for them who had rather list themselves under this weaker sort , and follow authorities , to take notice that this opinion which I bring , hath bin favour'd , and by som of those affirm'd , who in their time were able to carry what they taught , had they urg'd it , through all Christendom ; or to have left it such a credit with all good men , as they who could not bouldly use the opinion , would have fear'd to censure it . But since by his appointment on whom the times and seasons wait , every point of doctrin is not fatall to be throughly sifted out in every age , it will be anough for me to find , that the thoughts of wisest heads heertofore , and hearts no less reverenc't for devotion have tended this way , and contributed their lot in some good measure towards this which hath bin heer attain'd . Others of them and modern especially , have bin as full in the assertion , though not so full in the reason ; so that either in this regard , or in the former , I shall be manifest in a middle fortune to meet the praise or dispraise of beeing somthing first . But I deferr not what I undertooke to shew , that in the Church both primitive and reformed , the words of Christ have bin understood to grant divorce for other causes then adultery ; and that the word fornication in mariage hath a larger sense then that commonly suppos'd . Iustin Martyr in his first Apology writt'n within 50. yeares after St. Iohn dy'd , relates a story which Eusebius transcribes , that a certain matron of Rome , the wife of a vitious husband , her selfe also formerly vitious , but converted to the faith , and persuading the same to her husband , at lest the amendment of his wicked life , upon his not yeilding to her daily entreaties and persuasions in this behalf , procur'd by law to be divorc't from him . This was neither for adultery , nor desertion , but as the relation saies , Esteeming it an ungodly thing to be the consort of bed with him , who against the law of nature and of right sought out voluptuous waies . Suppose he endeavour'd som unnaturall abuse , as the Greek admitts that meaning , it cannot yet be call'd adultery ; it therefore could be thought worthy of divorce no otherwise then as equivalent , or wors ; and other vices will appear in other respects as much divorsive . Next t is said her freinds advis'd her to stay a while ; and what reason gave they ? not because they held unlawfull what she purpos'd , but because they thought she might longer yet hope his repentance . She obey'd , till the man going to Alexandria , and from thence reported to grow still more impenitent , not for any adultery or desertion , wherof neither can be gather'd , but , saith the Martyr , and speaks it like one approving , lest she should be partaker of his unrighteous and ungodly deeds , remaining in wedloc , the communion of bed and board with such a person , she left him by a lawfull divorce . This cannot but give us the judgement of the Church in those pure and next to Apostolic times . For how els could the woman have bin permitted , or heer not reprehended ; and if a wife might then doe this without reprooff , a husband certainly might no less , if not more . Tertullian in the same age writing his 4. book against Marcion witnesses that Christ by his answer to the Pharises protected the constitution of Moses as his own , and directed the institution of the creator , for I alter not his Carthaginian phrase ; he excus'd rather then destroi'd the constitution of Moses ; I say he forbidd conditionally , if any one therefore put away that he may marry another : so that if he prohibited conditionally , then not wholly ; and what he forbadd not wholly , he permitted otherwise , where the cause ceases for which he prohibited : that is when a man makes it not the cause of his putting away , meerly that he may marry again . Christ teaches not contrary to Moses , the justice of divorce hath Christ the asserter : he would not have mariage separat , nor kept with ignominy , permitting then a divorce , and guesses that this vehemence of our Saviours sentence was cheifly bent against Herod , as was cited before . Which leavs it evident how Tertullian interpreted this prohibition of our Saviour ; for wheras the text is , Whosoever putteth away and marieth another , wherfore should Tertullian explain it , Whosoever putteth away that he may marry another , but to signify his opinion that our Saviour did not forbidd divorce from an unworthy yoke , but forbidd the malice or the lust of a needles change and cheifly those plotted divorces then in use . Origen in the next century testifies to have known certain who had the government of Churches in his time , who permitted som to marry , while yet their former husbands liv'd , and excuses the deed , as don not without cause , though without Scripture , which confirms that cause not to be adultery ; for how then was it against Scripture that they maried again . And a little beneath , for I cite his 7. homily on Matthew , saith he , To endure faults wors then adultery and fornication , seems a thing unreasonable , and disputes therfore that Christ did not speak by way of precept , but as it were expounding . By which and the like speeches Origen declares his mind farre from thinking that our Saviour confin'd all the causes of divorce to actual adultery . Lactantius of the age that succeeded speaking of this matter in the 6. of his institutions , hath these words . But lest any think he may circumscribe divine precepts , let this be added , that all misinterpreting , and occasion of fraud , or death may be remov'd , he commits adultery who marries the divorc't wife , and , besides the crime of adultery , divorces a wife that he may marry another . To divorce and marry another , and to divorce that he may marry another , are two different things ; and imply that Lactantius thought not this place the forbidding of all necessary divorce , but such only as proceeded from the wanton desire of a future chois , not from the burden of a present affliction . About this time the Councel of Eliberis in Spain decreed the husband excommunicat , If he kept his wife being an adultress ; but if he left her , he might after ten yeares be receav'd into communion , if he retain'd her any while in his house after the adultery known . The councel of Neocaesarea in the year 314. decreed , that if the wife of any Laic were convicted of adultery , that man could not be admitted into the ministery : if after ordination it were committed , he was to divorce her ; if not , he could not hold his ministery . The councel of Nantes condemn'd in 7. yeares penance the husband that would reconcile with an adultress . But how proves this that other causes may divorce ? it proves thus ; there can be but two causes why these councels enjoyn'd so strictly the divorsing of an adultress , either as an offender against God , or against the husband ; in the latter respect they could not impose on him to divorce ; for every man is the maister of his own forgivenes ; who shal hinder him to pardon the injuries don against himself ? It follows therfore that the divorce of an adultress was commanded by these three councels , as it was a sin against God ; and by all consequence they could not but beleeve that other sins as hainous might with equal justice be the ground of a divorce . Basil in his 73. rule , as Chamier numbers it , thus determins , that divorce ought not to be , unlesse for adultery , or the hindrance to a godly life . What doth this but proclaime aloud more causes of divorce then adultery , if by other sins besides this , in wife or husband , the godlines of the better person may be certainly hinder'd , and endanger'd . Epiphanius no less ancient , writing against Heretics , & therefore should himself be orthodoxal above others , acquaints us in his second book Tom. 1 , not that his private persuasion was , but that the whole Church in his time generally thought other causes of divorce lawful besides adultery , as comprehended under that name ; If , saith he , a divorce happ'n for any cause either fornication , or adultery , or any hainous fault , the word of God blames not either the man or wife marrying again , nor cutts them off from the congregation , or from life , but beares with the infirmity ; not that he may keep both wives , but that leaving the former he may be lawfully joyn'd to the latter , the holy word , and the holy Church of God commiserates this man , especially , if he be otherwise of good conversation , and live according to Gods law . This place is cleerer then exposition , and needs no comment . Ambrose on the 16. of Luke , teaches that all wedloc is not Gods joyning and to the 19. of Pro. That a wife is prepard of the Lord , as the old latin translates it , he answers that the septuagint renders it , a wife is fitted by the Lord , and temper'd to a kind of harmony ; and where that harmony is there God joyns ; where it is not , there dissention reigns , which is not from God , for God is love . This he brings to prove the marrying of Christian with Gentile to be no mariage , and consequently divorc't without sin : but he who sees not this argument how plainly it serves to divorce any untunable , or unattonable matrimony , sees little . On the 1 to the Cor , 7 , he grants a woman may leave her husband not for only fornication , but for Apostacy , and inverting nature , though not marry again ; but the man may : heer are causes of divorce assign'd other then adultery . And going on he affirms , that the cause of God is greater then the cause of matrimony ; that the reverence of wedloc is not due to him who hates the author thereof ; that no matrimony is firm without devotion to God ; that dishonour don to God acquitts the other being deserted from the bond of matrimony ; that the faith of mariage is not to be kept with such . If these contorted sentences be ought worth , it is not the desertion that breaks what is broken , but the impiety ; and who then may not for that cause better divorce , then tarry to be deserted ? or these grave sayings of St. Ambrose are but knacks . Jerom on the 19. of Matthew explains , that for the cause of fornication , or the suspicion thereof a man may freely divorce . What can breed that suspicion , but sundry faults leading that way ? by Jeroms consent therfore divorce is free not only for actuall adultery , but for any cause that may encline a wise man to the just suspicion therof . Austin also must be remember'd among those who hold that this instance offornication gives equal inference to other faults equally hateful , for which to divorce : & therfore in his books to Pollentius he disputes that infidelity , as being a greater sin then adultery , ought so much the rather cause a divorce . And on the Sermon in the Mount , under the name of fornication will have idolatry , or any harmfull superstition contain'd , which are not thought to disturb matrimony so directly as som other obstinacies and dissaffections , more against the daily duties of that cov'nant , & in the eastern tongues not unfrequently call'd fornication , as hath bin shew'n . Hence is understood , faith he , that not only for bodily fornication , but for that which draws the mind from Gods law , and fouly corrupts it , a man may without fault put away his wife , and a wife her husband , because the Lord excepts the cause of fornication , which fornication we are constrain'd to interpret in a general sense . And in the first book of his retractations chap. 16. he retracts not this his opinion , but commends it to serious consideration ; and explains that he counted not there all sin to be fornication , but the more detestable sort of sins . The cause of fornication therefore is not in this discours newly interpreted to signify other faults infringing the duties of wedloc , besides adultery . Lastly the councel of Agatba in the year 506. can . 25. decreed , that if lay men who divorc't without some great fault , or giving no probable cause , therfore divorc't , that they might marry som unlawfull person , or som other mans , if before the provinciall Bishops were made acquainted , or judgement past ; they presum'd this , excommunication was the penalty . Whence it followes , that if the cause of divorce were som great offence , or that they gave probable causes for what they did , and did not therefore divorce that they might presume with som unlawfull person , or what was another mans , the censure of Church in those daies did not touch them . Thus having alleg'd anough to shew after what manner the primitive Church for above 500. yeares understood our Saviours words touching divorce , I shall now with a labour less disperst , and sooner dispatcht , bring under view what the civil law of those times constituted about this matter : I say the civil law , which is the honour of every true Civilian to stand for , rather then to count that for law , which the pontificiall Canon hath enthrall'd them to , and in stead of interpreting a generous and elegant law , made them the drudges of a blockish Rubric . Theodosius and Valentinian , pious Emperors both , ordain'd that as by consent lawfull mariages were made , so by consent , but not without the bill of divorce , they might be dissolv'd ; and to dissolve was the more difficult , onely in favour of the children . We see the wisedome and piety of that age one of the purest and learnedest since Christ , conceav'd no hindrance in the words of our Saviour , but that a divorce mutually consented , might bee suffer'd by the law , especially if there were no children , or if there were , carefull provision was made . And further saith that law ( supposing there wanted the consent of either ) wee designe the causes of divorce by this most wholsom law ; for as we forbid the dissolving of mariage without just cause , so we desire that a husband or a wife distrest by som advers necessity , should be freed , though by an unhappy , yet a necessary releefe . What dramm of wisedome , or religion ( for charity is truest religion ) could there be in that knowing age , which is not virtually summ'd up in this most just law ? As for those other Christian Emperours , from Constantine the first of them , finding thé Roman law in this point so answerable to the Mosaic , it might bee the likeliest cause why they alter'd nothing to restraint , but if ought , rather to liberty , for the helpe , and consideration of the weaker sexe , according as the Gospel seems to make the wife more equal to her husband in these conjugal respects then the law of Moses doth . Therefore if a man were absent from his wife foure yeares , and in that space not heard of , though gon to warre in the service of the Empire , she might divorce , and mary another by the edict of Constantine to Dalmatius . Co. l. 5. tit . 17. And this was an age of the Church both antient , and cry'd up still for the most flourishing in knowledge and pious government since the Apostles . But to returne to this law of Theodosius , with this observation by the way , that still as the Church corrupted , as the Clergie grew more ignorant , and yet more usurping on the Magistrate , who also now declin'd , so still divorce grew more restrain'd ; though certainly if better times permitted the thing that worse times restrain'd , it would not weakly argue that the permission was better , and the restraint worse . This law therefore of Theodosius wiser in this then the most of his successors though not wiser then God and Moses , reduc't the causes of divorce to a certain number which by the judiciall law of God , and all recorded humanitie were left before to the brest of each husband , provided that the dismisse was not without reasonable conditions to the wife . But this was a restraint not yet come to extreames . For besides adultery and that not only actual , but suspected by many signes there set down , any fault equally punishable with adultery , or equally infamous might bee the cause of a divorce . Which informes us how the wisest of those ages understood that place in the Gospel , whereby , not the pilfering of a benevolence was consider'd as the main and only breach of wedloc , as is now thought , but the breach of love and peace , a more holy union then that of the flesh ; and the dignity of an honest person was regarded , not to bee held in bondage with one whose ignominy was infectious . To this purpose was constituted Cod. l. 5. tit . 17. and Authent . collat . 4. tit . 1. Novell . 22. where Justinian added three causes more . In the 117. Novell . most of the same causes are allow'd , but the liberty of divorcing by consent is repeal'd : but by whom ? by Justinian , not a wiser , not a more religious emperor then either of the former , but noted by judicious writers for his fickle head in making and unmaking lawes ; and how Procopius a good historian , and a counselor of state then living deciphers him in his other actions , I willingly omitt . Nor was the Church then in better case , but had the corruption of a 100. declining yeare swept on it , when the statute of consent was call'd in ; which as I said , gives us every way more reason to suspect this restraint , more then that liberty : which therfore in the reign of Justin the succeeding Emperor was recall'd , Novel . 140. & establisht with a preface more wise & christianly then for those times , declaring the necessity to restore that Theodosian law , if no other meanes of reconcilement could be found . And by whom this law was abrogated , or how long after , I doe not finde ; but that those other causes remain'd in force , as long as the Greek empire subsisted , and were assented by that Church , is to bee read in the Canons and edicts compar'd by Photius the Patriarch , with the avertiments of Balsamon , and Matthaeus Monachus thereon . But long before those dayes Leo the son of Basilius , Macedo reigning about the yeare 886. and for his excellent wisdome surnam'd the Philosopher , constituted that in case of madnesse the husband might divorce after three yeares , the wife after 5. Constitut . Leon. 111. 112. this declares how hee expounded our Saviour , and deriv'd his reasons from the institution , which in his preface with great eloquence are set downe ; whereof a passage or two may give som proofe , though better not divided from the rest . There is not , saith he , a thing more necessary to preserve mankind , then the helpe giv'n him from his own rib ; both God and nature so teaching us : which being so , it was requisite that the providence of law , or if any other care be to the good of man , should teach and ordaine those things which are to the helpe and comfort of maried persons , and confirme the end of mariage purpos'd in the beginning , not those things which afflict and bring perpetuall misery to them . Then answers the objection that they are one flesh ; if Matrimony had held so as God ordain'd it , he were wicked that would dissolve it . But if we respect this in matrimony , that it be contracted to the good of both , how shall he , who for some great evil feard , perswades not to marry though contracted , not perswade to unmarry , if after marriage a calamity befall ? should we bid beware least any fall into an evil , and leave him helplesse who by humane error is fall'n therein ? This were as if we should use remedies to prevent a disease , but let the sick die without remedy . The rest will be worth reading in the author . And thus we have the judgement first of primitive fathers ; next of the imperial law not disallow'd by the universal Church in ages of her best authority ; and lastly of the whole Greeke Church and civil state , incorporating their Canons and edicts together , that divorce was lawfull for other causes equivalent to adultery , contain'd under the word fornication . So that the exposition of our saviours sentence heer alleg'd hath all these ancient and great asserters , is therefore neither new nor licentious , as some now would perswade the commonalty ; although it be neerer truth that nothing is more new then those teachers themselves , & nothing more licentious then some known to be , whose hypocrisie yet shames not to take offence at this doctrine for licence ; when as indeed they feare it would remove licence , and leave them but few companions . That the Popes Canon law incroaching upon civil Magistracy abolisht all divorce eevn for adultery . What the reformed Divines have recover'd ; and that the famousest of them have taught according to the assertion of this booke . But in these western parts of the empire it will appeare almost unquestionable that the cited law of Theodosius and Valentinian stood in force untill the blindest and corruptest times of Popedom displac't it . For that the volumes of Justinian never came into Italy , or beyond Illiricum , is the opinion of good Antiquaries . And that only manuscript thereof found in Apulia by Lotharius the Saxon , and giv'n to the state of Pisa for their aid at sea against the Normans of Sicily , was receav'd as a rarity not to bee matcht . And although the Gothes , and after them the Lombards and Franks who over-run the most of Europ except this Island ( unlesse wee make our Saxons and Normans a limm of them ) brought in their owne customes , yet that they follow'd the Roman laws in their contracts and mariages , Agathias the historian is alleg'd . And other testimonies relate that Alaricus & Theodoric their Kings writ their statutes out of this Theodosian Code which hath the recited law of Divorce . Neverthelesse while the Monarchs of Christendome were yet barbarous , and but halfe Christian , the Popes tooke this advantage of their weake superstition , to raise a corpulent law out of the canons and decretals of audacious preists ; and presum'd also to set this in the front ; That the constitutions of princes are not above the constitutions of clergy , but beneath them . Using this very instance of divorce as the first prop of their tyranny ; by a false consequence drawn from a passage of Ambrose upon Luke where hee saith , though Mans law grant it , yet Gods law probibits it , Whence Gregory the Pope writing to Theoctista inferrs that Ecclesiasticall Courts cannot be dissolv'd by the Magistrate . A faire conclusion from a double error . First in saying that the divine law prohibited divorce , for what will hee make of Moses ; next supposing that it did , how will it follow , that what ever Christ for bids in his Evangelic precepts , should be hal'd into a judicial constraint against the patterne of a divine law : Certainely the Gospel came not to enact such compulsions . In the meane while wee may note heere that the restraint of divorce was one of the first faire seeming pleas which the Pope had , to step into secular authority , and with his Antichristian rigor to abolish the permissive law of Christian princes conforming to a sacred lawgiver . Which if we consider , this papal and unjust restriction of divorce need not be so deere to us , since the plausible restraining of that , was in a manner the first loosning of Antichrist ; and as it were the substance of his eldest horn . Nor doe we less remarkably ow the first meanes of his fall heer in England to the contemning of that restraint by Henry 8. whose divorce he oppos'd . Yet was not that rigour executed anciently in spiritual Courts untill Alexander the third , who trod upon the neck of Frederic Barbarossa the Emperor , and summond our Henry 2. into Normandy about the death of Becket . He it was , that the worthy author may be known , who first actually repeal'd the imperial law of divorce , and decreed this tyranous decree , that matrimony for no cause should be disolv'd , though for many causes it might separate ; as may be seen decret , Gregor . l. 4. tit . 19. and in other places of the Canonicall Tomes . The main good of which invention , wherein it consists who can tell ? but that it hath one vertue incomparable , to fill all christendom with whordomes , and adulteries beyond the art of Balaams or of divells . Yet neither can these , though so perverse , but acknowledge that the words of Christ under the name of fornication allow putting away for other causes then adultery both from bed and bord , but not from the bond ; their only reason is , because mariage they beleeve to bee a Sacrament . But our Divines who would seem long since to have renounc'd that reason , have so forgot them selves , as yet to hold the absurdity , which but for that reason , unlesse there be some mystery of Satan in it , perhaps the Papist would not hold . T is true , we grant divorce for actual & prov'd adultery , and not for lesse then many tedious and unreparable yeares of desertion , wherein a man shall loose all his hope of posterity , which great and holy men have bewail'd , ere he can be righted ; and then perhaps on the confines of his old age , when all is not worth the while . But grant this were seasonably don ; what are these two cases to many other , which afflict the state of mariage as bad , and yet find no redresse ? What hath the soule of man deserv'd , if it be in the way of salvation , that it should be morgag'd thus , and may not redeem it selfe according to conscience out of the hands of such ignorant and slothfull teachers as these , who are neither able nor mindful to give due tendance to that pretious cure which they rashly vndertake ; nor have in them the noble goodnesse to consider these distresses and accidents of mans life ; but are bent rather to fill their mouthes with Tithe and oblation . Yet if they can learne to follow , as well as they can seeke to be follow'd , I shall direct them to a faire number of renowned men , worthy to be their leaders , who will commend to them a doctrin in this point wiser then their own , and if they bee not-impatient , it will be the same doctrin which this treatis hath defended . Wicklef that Englishman honor'd of God to be the first preacher of a general reformation to all Europe , was not in this thing better taught of God , then to teach among his cheifest recoveries of truth , that divorce is lawfull to the christian for many other causes equall to adultery . This book indeed through the poverty of our Libraries I am forc't to cite from Arnisaeus of Halberstad on the right of mariage , who cites it from Corasius of Tolouse c. 4. Cent. Sct. and he from Wicklef . l. 4. Dial. c. 21. So much the sorrier , for that I never lookt into author cited by his adversary upon this occasion , but found him more conducible to the question , then his quotation render'd him . Next Luther , how great a servant of God , in his book of conjugal life quoted by Gerard out of the Dutch , allowes divorce for the obstinate denial of conjugal duty ; and that a man may send away a proud Vasthi , and marry an Esther in her stead . It seemes if this example shall not be impertinent , that Luther meant not onely the refusall of benevolence , but a stubborn denial of any main conjugal duty ; or if he did not , it will be evinc't from what he allowes . For out of question , with men that are not barbarous , love and peace , and fitnesse will be yeelded as essential to mariage , as corporal benevolence . Though I give my body to be burnt , saith Saint Paul , and have not charity , it profits me nothing . So though the body prostitute it selfe to whom the mind affords no other love or peace , but constant malice and vexation , can this bodily benevolence deserv to be call'd a mariage between Christians and rationall creatures . Melanchton , the third great luminary of reformation in his book concerning marriage grants divorce for cruell usage , and danger of life , urging the authority of that Theodosian law , which he esteemes written with the grave deliberation of godly men ; and that they who reject this law , and thinke it disagreeing from the Gospel , understand not the difference of law and Gospel ; that the Magistrat ought not only to defend life , but to succour the weake conscience , lest broke with greif and indignation it relinquish praier , and turn to som unlawful thing What if this heavy plight of despaire arise from other discontents in wedloc which may goe to the soule of a good man more then the danger of his life , or cruel using , which a man cannot bee liable to , suppose it be ingratefull usage , suppose it be perpetuall spight and disobedience , suppose a hatred , shall not the Magistrat free him from this disquiet which interrupts his prayers , and disturbs the cours of his service to God and his Country all as much , and brings him such a misery , as that he more desires to leave his life then feares to loose it : Shall not this equally concerne the office of civil protection , and much more the charity of a true Church to remedy ? Erasmus who for learning was the wonder of his age , both in his notes on Matthew , and on the first to the Corinthians in a large and eloquent discourse , and in his answer to Phimostonus a Papist , maintaines ( and no protestant then living contradicted him ) that the words of Christ comprehend many other causes of divorce under the name of fornication . Bucer , whom our famous Dr Rainolds was wont to preferr before Calvin , in his comment on Matthew , and in his second booke of the Kingdome of Christ , treats of divorce at large to the same effect , as is written in the doctrine and discipline of divorce lately publisht , and the translation is extant : whom lest I should be thought to have wrested to mine own purpose , take somthing more out of his 49. Chap. which I then for brevity omitted . It will be the duty of pious princes , and all who govern Church , or common wealth , if any , whether husband or wife , shall affirme their want of such who either will , or can tolerably performe the necessary duties of maried life , to grant that they may seeke them such , and marry them ; if they make it appeare that such they have not . This book he wrote heer in England , where he liv'd the greatest admir'd man , and this hee dedicated to Edward the sixth . Fagius rankt among the famous divines of Germany , whom Frederic at that time the Palatine sent for to be the reformer of his Dominion , and whom afterwards England sought to , and obtain'd of him to come and teach her , differs not in this opinion from Bucer , as his notes on the Chaldey paraphrast well testify . The whole Church of Strasburgh in her most flourishing time , when Zellius , Hedio , Capito , and other great Divines taught there , and those two renouned magistrates Farrerus and Sturmius govern'd that common wealth and Academy to the admiration of all Germany , hath thus in the 21. Article . We teach that if according to the word of God , yea or against it , divorces happen , to doe according to Gods word , Devt . 24. 1. Mat. 19. 1 Cor. 7. and the observation of the primitive Church , and the Christian constitution of pious Caesars . Peter Martyr seems in word our easy adversary , but is in deed for us : toward which though it be somthing when he saith of this opinion , that it is not wicked , and can hardly be refuted , this which followes is much more , I speake not heer saith he , Of natural impediments which may so happ'n , that the matrimony can no longer hold : but adding , that he often wonder'd , how the antient and most christian Emperors establisht those lawes of divorce , and neither Ambrose , who had such influence upon the lawes of Theodosius , nor any of those holy fathers found fault , nor any of the Churches , why the Magistrats of this day should be so loth to constitute the same . Perhaps , they feare an inundation of divorces , which is not likely , whenas we reade not either among the Ebrews , Greeks , or Romans that they were much frequent where they were most permitted . If they judge christian men worse then Jewes or Pagans . they both injure that name , and by this reason will bee constrain'd to grant divorces the rather ; because it was permitted as a remedy of evil , for who would remove the medcin , while the disease is yet so rife ? This being read both in his common places , & on the first to the Corinthians , with what we shall relate more of him yet ere the end , sets him absolutely on this side . Not to insist that in both these , & other places of his commentaries hee grants divorce not onely for desertion , but for the seducement and scandalous demeanour of a heretical consort . Musculus a divine of no obscure fame distinguishes betweene the religious and the civil determination of divorce ; and leaving the civil wholly to the lawyers , pronounces a conscionable divorce for importence not only natural , but accidental , if it be durable . His equity it seems , can enlarge the words of Christ to one cause more then adultery ; why may not the reason of another man as wise , enlarge them to another cause . Gualter of Zuric a well known judicious commentator in his Homilies on Matthew , allows divorce for Leprosie , or any other cause which renders unfit for wedloc , and calls this rather a nullity of mariage then a divorce , and who , that is not himselfe a meer body , can restrain all the unfitnes of mariage only to a corporal defect . Hemingius an Author highly esteem'd , and his works printed at Geneva , writing of divorce , confesses that lerned men vary in this question , some granting three causes thereof , some five , others many more ; he himselfe gives us sixe , adultery , desertion , inability , error , evill usage , and impiety , using argument that Christ under one special containes the whole kind , & under the name & example of fornication he includes other causes equipollent . This discours he wrote at the request of many who had the judging of these causes in Denmark and Norway , who by all likely hood follow'd his advice . Hunnius a Doctor of Wittenberg , well known both in Divinity & other arts , on the 19. of Matt. affirmes that the exception of fornicationexprest by our Saviour excludes not other causes equalling adultery , or destructive to the substantials of matrimony ; but was oppos'd to the custom of the Jewes who made divorce for every light cause . Felix Bidenbachius an eminent Divine in the Dutchy of Wirtemberg affirmes that the obstinat refusal of conjugal due is a lawful cause of divorce , and gives an instance that the consistory of that state sojudg'd . Gerard cites Harbardus an author not unknown , and Arnisaeus cites Wigandus , both yeelding divorce in case of cruel usage ; and another author who testifies to have seen in a dukedom of Germany mariages disjoynd for some implacable enmities arising . Beza one of the strictest against divorce , denies it not for danger of life from a Heretic , or importunat solicitation to doe ought against religion : and counts it all one whether the heretic desert , or would stay upon intolerable conditions . But this decision well examin'd will be found of no solidity . For Beza would be askt why , if God so strictly exact our stay in any kind of wedloc , wee had not better stay and hazard a murdering for Religion at the hand of a wife , or husband , as he and others enjoyn us to stay and venture it for all other causes but that ? and why a mans life is not as well and warrantably sav'd by divorcing from an orthodox murderer , as a heretical ? Againe , if desertion be confest by him to consist not only in the forsaking , but in the unsufferable conditions of staying , a man may as well deduce the lawfulnesse of divorcing from any intolerable conditions ( if his grant bee good that wee may divorce thereupon from a heretic ) as he can deduce it lawfull to divorce from any deserter , by finding it lawful to divorce from a deserting infidel . For this is plaine , if Saint Pauls permission to divorce an infidel deserter , inferre it lawfull for any malicious desertion , then doth Beza's definition of a deserter transferr it selfe with like facility from the cause of religion to the cause of malice , and proves it as good to divorce from him who intolerably stayes as from him who purposely departs ; and leaves it as lawfull to depart from him who urgently requires a wicked thing , though professing the same religion , as from him who urges a heathenish or superstitious compliance in a different faith . For if there be such necessity of our abiding , wee ought rather to abide the utmost for religion then for any other cause ; seeing both the cause of our stay is pretended our religion to mariage , and the cause of our suffering is suppos'd our constant mariage to religion . Beza therfore by his owne definition of a deserter justifies a divorce from any wicked or intolerable conditions rather in the same religion then in a different . Aretius a famous Divine of Bern approves many causes of divorce in his Problemes , and adds that the lawes and consistories of Swizzerland approve them also . As first , adultery , and that not actual only , but intentional , all eging Matthew the fifth , Whosoever looketh to lust , hath committed adultery already in his heart . Wher by saith he , our Saviour shewes that the breach of matrimony may be not only by outward act , but by the heart and desire ; when that hath once possest , it renders the conversation intolerable , and commonly the fact followes . Other causes to the number of 9. or 10. consenting in most with the imperial lawes , may bee read in the author himselfe , who averrs them to be grave and weighty . All these are men of name in Divinity , and to these if need were , might be added more . Nor have the Civilians bin all so blinded by the Canon , as not to avouch the justice of those old permissions touching divorce . Alciat of Millain , a man of extraordinary wisedome and learning , in the sixt book of his Parerga defends those imperial lawes , not repugnant to the Gospel , as the Church then interpreted . For saith hee , the antients understood him separat by man , whom passions and corrupt affections divorc't , not , if the provincial Bishops first heard the matter , and judg'd , as the councel of Agatha declares ; and on some part of the Code hee names Isidorus Hispalensis the first computer of Canons , to be in the same minde . And in the former place gives his opinion that diuorce might be more lawfully permitted then usury . Corasius recorded by Helvicus among the famous Lawyers hath been already cited of the same judgement . Wesembechius a much nam'd Civilian in his comment on this law defends it , and afficms that our Sauiour excluded not other faults equall to adultery ; and that the word fornication signifies larger among the Hebrewes then with us , comprehending every fault which alienates from him to whom obedience is due , and that the primitive Church interpreted so . Grotius yet living , and of prime note among learned men retires plainly from the Canon to the antient civility , yea to the Mosaic law , as being most just and undecevable . On the fifth of Matt. he saith , that Christ made no civil lawes , but taught us how to use law : that the law sent not a husband to the Judge about this matter of divorce , but left him to his owne conscience ; that Christ therfore cannot be thought to send him ; that adultery may be judg'd by a vehement suspition ; that the exception of adultery seems an example of other like offences ; proves it from the manner of speech , the maxims of law , the reason of charity , and common equity . These authorities without long search I had to produce , all excellent men , som of them such as many ages had brought forth none greater : almost the meanest of them might deserve to obtain credit in a singularity ; what might not then all of them joyn'd in an opinion so consonant to reason ? For although som speak of this cause , others of that , why divorce may be , yet all agreeing in the necessary enlargement of that textual straitnes , leave the matter to equity , not to literal bondage , and so the opinion closes . Nor could I have wanted more testimonies , had the cause needed a more sollicitous enquiry . But herein the satisfaction of others hath bin studied , not the gaining of more assurance to mine own perswasion : although authorities contributing reason withall , bee a good confirmation and a welcom . But God , I solemnly attest him , with held from my knowledge the consenting judgement of these men so late , untill they could not bee my instructers , but only my unexpected witnesses to partial men , that in this work I had not given the worst experiment of an industry joyn'd with integrity and the free utterance though of an unpopular truth . Which yet to the people of England may , if God so please , prove a memorable informing ; certainly a benefit which was intended them long since by men of highest repute for wisedome & piety Bucer & Erasmus . Only this one autority more , whether in place or out of place , I am not to omitt ; which if any can think a small one , I must bee patitient it is no smaller then the whole assembl'd autority of England both Church and State ; and in those times which are on record for the purest and sincerest that ever shon yet on the reformation of this Iland , the time of Edward the 6th . That worthy Prince having utterly abolisht the Canon Law out of his Dominions , as his Father did before him , appointed by full vote of Parlament , a Committy of two and thirty chosen men , Divines and Lawyers , of whom Cranmer the Archbishop , Peter Martyr , and Walter Haddon , ( not without the assistance of Sir John Cheeke the Kings Tutor a man at that time counted the learnedest of Englishmen , & for piety not inferior ) were the cheif , to frame anew som Ecclesiastical Laws , that might be in stead of what was abrogated . The work with great diligence was finisht , and with as great approbation of that reforming age was receav'd ; and had bin doubtlesse , as the learned Preface thereof testifies , establisht by Act of Parlament , had not the good Kings death so soon ensuing , arrested the furder growth of Religion also , from that season to this . Those laws , thus founded on the memorable wisedome and piety of that religious Parlament and Synod , allow divorce and second mariage not only for adultery or desertion , but for any capital cnmity or plot laid against the others life , and likewise for evil and fierce usage ? nay the 12. Chap. of that title by plaine consequence declares , that lesser contentions , if they be perpetual , may obtaine divorce : which is all one really with the position by me held in the former treatise publisht on this argument , herein only differing that there the cause of perpetual strife was put for example in the unchangeable discord of som natures ; but in these lawes intended us by the best of our ancestors , the effect of continual strife is determin'd no unjust plea of divorce , whether the cause be naturall or wilfull . Wherby the warinesse and deliberation from which that discourse proceeded , will appeare , & that God hath aided us to make no bad conclusion of this point ; seeing the opinion which of late hath undergon ill censures among the vulgar , hath now prov'd to have don no violence to Scripture , unlesse all these famous Authors alleg'd have done the like ; nor hath affirm'd ought more then what indeed the most nominated Fathers of the Church both ancient and modern are unexpectedly found affirming , the lawes of Gods peculiar people , & of primitive Christendom found to have practis'd , reformed Churches and states to have imitated , and especially the most pious Church-times of this Kingdom to have fram'd and publisht , and , but for sad hindrances in the sudden change of religion , had enacted by Parlament . Hence forth let them who condemn the assertion of this book for new and licentious , be sorry ; lest , while they think to be of the graver sort , and take on them to be teachers , they expose themselves rather to be pledg'd up and down by men who intimatly know them , to the discovery and contempt of their ignorance and presumption . The End. Errata . Pag. 57. lin . 16. and by them to prosecute , no comma between . Pag. 88. lin . 3. Basilius Macedo , no comma between . 
A17240	----	Of diuorce for adulterie, and marrying againe that there is no sufficient warrant so to do. VVith a note in the end, that R.P. many yeeres since was answered. By Edm. Bunny Bachelour of Divinitie. Bunny, Edmund, 1540-1619. 1610 Approx. 416 KB of XML-encoded text transcribed from 104 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2004-05 (EEBO-TCP Phase 1). A17240 STC 4091 ESTC S107056 99842759 99842759 7444 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A17240) Transcribed from: (Early English Books Online ; image set 7444) Images scanned from microfilm: (Early English books, 1475-1640 ; 726:17) Of diuorce for adulterie, and marrying againe that there is no sufficient warrant so to do. VVith a note in the end, that R.P. many yeeres since was answered. By Edm. Bunny Bachelour of Divinitie. Bunny, Edmund, 1540-1619. [20], 171, [9] p., folded table By Ioseph Barnes, Printed at Oxford : Ann. Dom. 1610. R.P. = Robert Parsons, referring to Bunny's connection with "The first booke of Christian exercise" by Parsons and "A directorie teaching the way to the truth" by John Radford. Includes index. Running title reads: Of divorce for adultery, and marrying againe. Reproduction of the original in the British Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. 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Keying and markup guidelines are available at the Text Creation Partnership web site . eng Divorce -- Religous aspects -- Early works to 1800. 2003-12 TCP Assigned for keying and markup 2004-01 SPi Global Keyed and coded from ProQuest page images 2004-02 Emma (Leeson) Huber Sampled and proofread 2004-02 Emma (Leeson) Huber Text and markup reviewed and edited 2004-04 pfs Batch review (QC) and XML conversion OF DIVORCE FOR ADVLTERIE , AND Marrying againe : that there is no sufficient warrant so to do . VVITH A NOTE IN THE END , that R. P. many yeeres since was answered . By EDM. BVNNY Bachelour of Divinitie . Printed at Oxford by Joseph Barnes . Ann. Dom. 1610. TO THE MOST REVEREND FATHER in God RICHARD , by the grace of God Archbishop of Canterbury , one of his Maiesties most Honorable Privie Councell , Chancellor of the Vniversitie of Oxford , Primate of all England , and Metropolitane . MAY it please your Grace to vnderstand , that although , being so little knowne to your Grace as I am , it may seem that I make over bold , so to present this Treatise ensuing : yet , as my selfe am persuaded , divers good reasons there be , that doe occasion me , so farre this once to presume on your Graces goodnes therein ; both in respect of a former interest , and of the present matter besides . The former interest that now I speake of , is , that by the place that then he was in , your Graces immediate Predecessor , had this Treatise in his hands a good while together , many yeeres since ; and to be his , if so it should stand with his Graces pleasure : and afterward , when hee saw his time , approued of the publishing of it , and so to doe at mine owne discretion . Which notwithstanding ( by occasion ) I thought not so good , thē presently to doe , as to awaite a farther opportunity which then began to offer it selfe vnto mee . In the meane season it hath pleased God ▪ to take him of from his labours and travells here , and thus otherwise to furnish the roome that he had . In which alteration , besides that no way I haue any cause to varie : I may not deny , but that now I finde iuster cause so to proceed , then I had in the other before . In the present matter besides , it is very plaine , that there is some question of it : & then are such Treatise as are thereof , in bounden duty to awaite the censure of such other approued iudgments , as to whome in such case it doth appertaine . Wherein it having hitherto orderly proceeded to that wherevnto it is come already , it was meetest so to finish the course likewise : & so actually to acknowledge , that arising here , & hence proceeding , it was most to submit it selfe vnto , and to await your Graces censure . It may be also , that even in godly pollicie ( by our Superiors ) it will be thought meete , to take some farther order to prevēt the evill , that so free a passage of that other course may seem to threaten : & thē , the better opportunity that God hath givē your G. to such purpose , the lesse could I in any duty or reasō haue turn'd aside to any other . God long preserue your Grace among vs , to the glorie of God , to the good of his Church , & to your owne comfort withall in him . Oxford Iuly 3. 1610. Your Graces most humble in the Lord , EDM. BVNNY . VNTO ALL THOSE THAT EITHER are entered already , or hereafter are to enter into the holy estate of wedlocke , E. B. wisheth as all other Christian graces whatsoever ( such as are needfull to every one in his owne proper Calling ) so now especially rightly to know , of what force that bond should be among vs , and , how fast we ought to hold it . IF yet it be doubtful to any , what is the corruption of our nature , and how often it cōmeth to passe thereby , that in many things we are hardly able to conceiue or to finde out , that which is sound and right indeede : though there be divers other things besides , wherein wee might see it plainely enough , yet we neede go no farther , but only to that which at this present wee haue in hande : namely , how few of all sorts there are , that are able to see , how strict & insoluble the bond of wedlocke is , after that once it be rightly ioined togither ▪ 2 The Fathers of old , before that yet the law was given , had among them the truth of that holy ordinance , how it pleased God at the first to ordaine the same : of mā and wife to make but one ; and that he ordeined but onlie two , to make vp the vnitie that then he spake of . And yet the storie doth plainely shew , that not only the common sort of them , but even the better also , did not account that bond so straight , but that they did , ( for divers of thē ) take others besides : though yet notwithstanding it must needs be true withall , that they knew wel enough , & coulde not be ignorant , but that therein they swarved cleane , frō that patterne that God had given them , & from the Rule that therein he left them . 3 When afterward the law was given to those that followed , though nowe that matter were made a great deale more plaine vnto them , than it was before : yet they also did as little finde what they had to doe therein ; as did the others that had not the light that was given vnto thē . They were Hebrews themselves , & the Law was given in their own mother-tongue : the Text it selfe must needs be very plain unto them , & some ( we may hope ) were diligēt in the study of it , & that with vnfained desire to know it , and in the feare of God withal ; and yet , it appeareth , they did not see this that we speake of Curious they were ( for diverse of them ) in many things else of lesse importance , which without any breach of the law of God they might haue omitted ; but their diligence & watchfull heeding of all those Books , words , syllables , letters , & characters also ( or the maner of writing thereof ) & even in the number of many words how oft they were vsed , did never yet ( for ought that we find in any of thē ) attaine vnto this . In one place it is cleere ( we speake now but of the Original , that is , of the Hebrew Text it selfe ; & not of the Translations that since haue beene in vse among vs ) that Moses did no more but only make mention of an vsage that they had among them , of putting away their wiues on dislike , and marrying againe , he doth ( I say ) but only speake of it , and doeth nothing at all approue it vnto them , nor alloweth them so to do : and yet a sort of the learned of them in the time of Christ ( and so belike of old likewise ) did plainelie shew , that they did take it , that Moses had allowed them , or given thē their liberty so to doe . Howbeit there is faire ods , betwixt a bare mentioning of an vsage among them ( though then also he go not against it ) & to approue the same vnto them : & in many other things , there is no question ( at the least , as they might be chosen ) but themselues would soone haue perceiued a lesser and a daintier difference then this . And herein they haue the Text it selfe in plaine tearmes to giue thē over , in that which they would build vpon it ; even the very words themselues chasing thē from that persuasion of theirs . 4 In another place indeed the words are for them , so far forth that they may seeme , to haue the sense with them also : namely , that there they are not forbidden , to take vnto them any more but one wife at once . For the words are but only of taking a sister to the wife that a mā already hath : insomuch that it only may seeme to be forbidden ; that is , a man to take vnto him a couple of sisters to haue them both in marriage together . But if the place had beene better considered , and conferred with other Scriptures , besides , then might they haue found , that the more likely sense of that place had beene to haue forbidden them , when any man had one wife already then to take another vnto her . For first , that thereby wee should be forbidden to take in marriage two naturall sisters , may seeme to be no part of the meaning : partly , because of somewhat that goeth a little before ; and partly in respect of some other considerations that here wee haue in this place it selfe . That which goeth a little before , is , for that in the next verse but one before , it is forbidden to marry the brothers wife : which in equitie may serue for this also , to forbid vnto vs our wiues sister . Those considerations that we haue in this place it selfe , are the reasons that here are given : and the limitation that is vsed therewith . The reasons are two : to afflict her withall ; and to vncover her shame vpon her . Which of all others doe least agree to naturall sisters , for that , if a woman could brooke any other to be ioined with h●r , she could best away with her owne sister in those respects : the one , of that greater loue that by course of nature is betwixt those that are so neere ; the other , for that such are ( for the most part in all such matters ) most familiarly acquainted also . The limitation , so long as shee liveth , hath no place ( without some harder construction of it ) but only in this sense that now we speake of , for that by that former law of the brothers wife which is set downe without any such limitation , we are forbidden to match so neere , after death likewise . But then , that this other should seeme to bee the sense of it , is much more likely , both for that it doth so fitly agree to the institution of marriage it selfe at the first : and for that it is not , in the law , elsewhere forbidden generaly , to haue at once more wiues than one . Vnto kings it is ; but not generally vnto al : and of it might they haue reasoned , that if it were forbidden vnto kings ( who , in divers respects , might most of all haue it allowed vnto thē ) then were it much more forbiddē to al others besides . If the maner of speech might be thought , iustly to hinder them from cōceiuing such a sense thereon , because the text nameth but a sister , though that kinde of speech may bee somewhat strange vnto vs , to carry such a meaning with it ; yet was it not so vnto them , for that in their speech it was often vsed : as , of a one swearing to another , of b curtaines that are fellowes , of a c paire of wings , and of d souldiers that march together in their aray . In all which ( and in divers places besides , as Arias Montanus , and Tremellius , and Iunius haue noted ) the Hebrew word is , brother or sister ( according as the gēder therein doth require ) for that which we say one another , or some such like , in things especially that goe by paiers , couples , or fellowes . So that in this also it is a wonder to see , that they never found their Polygamie to be forbidden , when as yet notwithstanding the institution of wedlock at the first , and the proprietie of their own tongue did lead them vnto it : and an advised consideration of the place it selfe did so strongly hold thē of , and chace them away from that sense that they would giue it . 5 Since which time , there is greater light bestowed on vs : evē on vs al generally , for al matters of learning ; & on many of vs , the knowledge of the Gospel also , in plentiful I measure . And yet in this that now I speake of , we are almost as blinde as they . We doe not see but that it was allowed vnto thē , to put away their wiues ( in divers cases ) and to marry againe : and make no question , but that in one case , Christ himselfe doth allow it likewise . And wee leane so much vnto this , that many of vs are almost persuaded , that the other also is no where forbidden vnto vs. At least in this place , we never finde it , notwithstanding the help that now we haue in the knowledge of the tong it selfe , & whatsoever diligence we haue in weighing the Text , and in conferring one place with another : no , not when by other occasion ( as whē the question is , whether two sisters may be taken in wedlocke , one after another ) we are specially vrged to looke into it . In so much that when as for that sense we are something crossed by those reasons and limitation that are ioined withall : yet doth that also helpe vs but little to find out the sense that now we speake of . Which for my part , I cannot see , wherevnto we may rather ascribe , then to our own corruption of nature : being so much giuen ( as we are ) to that kind of revenge ; and , our selues to haue change likewise . And the lesse marvel , when we haue such beames in our eies already , if we cā so hardly see , that the bond of mariage should be of any such force vnto vs , as it is indeed . 6 Herevpon , when time was , and the present occasion did so require , in a Sermon I breefly noted , that the libertie , that in these our daies many doe take , of divorcing their wiues for adulterie and marying of others , had not such warrant in the worde of God as they thought that it had : and afterward , when that was hardly taken , I did more fully deliver the same in two other Sermons , only of it . Which then also being hardly taken by some , and not so fully allowed by others , as the truth of the doctrine might well haue expected : gathering thereby , that such were like to be the iudgement of others in that point also , and hauing good cause therein to extend that warning further , I thought good since , to write a little more fully of it , and so to let it goe forth vnto all . Whether therefore thou be married already , or art hereafter to enter into it , keepe vnitie now , and make thy choice so well as thou canst : and I , for my part , would never wish thee to conceiue any hope at all , that whē once that knot is rightly knit , thou canst afterward haue any vndoubted or certaine warrant , that for the adultery of thy wife ( if it should fall out , that thy case should bee so hard ) thou maist be at liberty to marry againe . For the farther opening of which matter , I now refer thee to the Treatise it selfe . And so in the Lord I hartily bid thee well to fare . Bolton-Perey . Decemb. 13. 1595. An Advertisement to the Reader . 1 COncerning this Treatice , wheras it is of such an argument , as wherein divers of great learning haue already dealt , and yet my selfe had done thus much therein many yeeres since ( though I did never publish it til now ) I haue thought it needfull , gentle Reader , to acquaint thee somewhat farther with either of them : both how it came to passe , that I also haue thus far entermedled therewith ; and whervpon it was , that it hath ( as it were ) kept in til now . That I haue thus far entermedled therewith , it arose first , out of the nature of the thing it selfe ▪ but then , somewhat farther of , by occasion . The former of these was , that a gentleman of those parts wherein most I reside , having such a purpose with him , and having already gotten ( into a little paper-book of his ) the handes of sundrie of the Preachers of those parts , came to me also therewith , and desired my hand likewise : his case there being , that for adultery by his wife committed , he might sue the divorce , & marry againe . His request I denied , & gaue him some reason why so I did : but perceiving then , that I did not content him , a while after I wrote vnto him a few sheetes of paper of that matter ; & so rested all the passage that was betwixt vs. The latter of them was , that the most reverend Father ( that in those parts then was ) being minded to Visit , requested me to preach at the beginning of that his visitation : wherein , among other things more fully prosequuted , I gaue a little touch to that point also ; namely , that whereas divers were perswaded , that for adultery they might sue the divorce , and marry againe , & some accordingly so did , if the matter were wel examined , that liberty would not ( in my iudgement ) be found , to haue any vndoubted warrant at al in the word of God. 2 There had beene a few yeeres before , of one family ( but indeed , one of the greatest in those parts ) or thervnto appertaining , about fowre several persons , and those of some note besides , who had thē so gotten divorce , & were married againe . And besides those ( who , it may be , had else where mo fellowes also , than that heady course any waie deserved ) an other there was of more speciall reckoning thā they , who so got divorce against his wife also , & married an other : on whose behalfe , on that my warning then publikely given , I found there was more dislike conceived , than might well arise on so easie a course , as ( in my iudgement ) then was taken . Wherevpon I then resolved , when my time should be to occupie that place again , seeing that little warning was thought so strange then , so to vnfolde the matter it selfe whence it arose , as that the Auditorie might better perceiue , there was some reason , why it was given . That time fell out to be some few months after ; at which time I only dealt in that matter , and made two Sermons of it : at that time shewing , that the said presupposed liberty , so to put away their wiues for adultery , & to marry againe , was altogither without warrant in the word of God ; and , divers other waies , faultie besides . 3 Herevpon the matter began to worke : at home ; & abroad . At home , though most of the Auditory were glad to heare the matter opened so farre as it was , and conceaved wel of it : yet there wanted not also , who having some of their waies called into some question thereby , were much offended ; one carrying himselfe so inordinatly therin , that for it he was for a time committed . At which time ( I meane , while that matter was in hearing , for which the party aforesaid was committed ) there fell out this accidēt also . The honourable Personage , who then was in chiefe place for the execution of iustice there , by occasion obiected vnto me , that although such liberty had no warrant in the word of God , yet did the lawes of our coūtry allow it whervnto I answered againe , that his H. might perceiue that was not so , for that neither those second womē were allowed any dowrie , nor their childrē to be legitimate . His H. therin could not be said by me , but told me I was much deceived therein till some of the Councel ( then present ) told him , that it was indeed as I had said . 4 See now the good nature , & plaine dealing of that Noble Gentleman , right noble in deede . A right learned man ( and of good parts besides ) of this our own countrie , had before imparted , on speciall suit , to the gentlemā that before we spake of , his iudgement ( in writing ) of the same matter ; not , by putting to his hand to the gentlemans bosome-booke , as others before , nor in some few lines of his owne framing , which in such case is likewise vsed : but in a Treatice or Book , of iust volume ( & the most learned , that any yet , in that course , hath written ) and so , with all of that sort , of special reckoning ; even an vndoubted warrant to hold on the way that themselues so much affected , and wished to be allowed vnto thē . Wherein he is in deed more copious than others , to shew that many haue been of the same opinion : but in the principles or groundes of that whole building , the common reading and iudgment of others , so far prevailed with him likewise , it seemeth , that so his resolution was nothing so sutable , to that learning & iudgement of his , as otherwise it was like to haue beene . This Booke fairely written had the same gentleman ( as I vnderstood ) delivered to that Noble Personage , his Lord and Master , so to let him see , how cleere and warrantable that course was , that he & others then were in . This Book did that Noble Personage cause one of his attendants thē to fetch : and presently he gaue the same vnto me ; as giving vp therewith , all the good liking , that of that opinion hee had before conceived . 5 Abroad it so wrought likewise , that besides diverse others , one in the South parts ( for this that we speake of , was done in Yorke ) in the heart thereof , and one of the chiefe in those partes also , hearing in some sort what I had there of that matter delivered , sent vnto me to be acquainted with my notes : which I also accordingly sent ; and heard , that there they were approued . But thereby and otherwise perceiving , that not only many of the learned were carried away with the oversight & preiudice of those learned that were for that presupposed liberty , and with the reverēce of their persons ( which indeed , in many good respects , was in great measure due vnto thē ) & that some farther notice thereof was needfull to be given to others likewise : I therevpon gathered this present Treatise , and sent it vp to my Lords Grace of Canterburie that thē was ; to be published also , if so it should stand with his Graces pleasure . For the matter , his answere ( I heard ) was , that he was of the same minde himselfe : I heard likewise , that hee imparted the same to some others of special note , & place ; and that they were of the same minde also . But as touching the publishing of it , that hee thought not good so to doe : yet giving no other reason then , but that hee would haue as few controversies in the Church as might be ; and that others had offered a Treatise of contrarie iudgement which he had staied ( that , of the learned mans that before wee spake of ; and great golden meanes vsed , to haue had it allowed ) and should then be thought partiall , if neverthelesse he should haue admitted of this . 6 So there it lay for certaine yeeres , out of my hands : and I , having done my endeavor , to haue entered in by the dore of orderly proceeding ; would not then attempt to clime in by a window of any inordinate course whatsoever . Neverthelesse to make some vse of that time also , whereas that learned man that before I spoke of , had by occasion written a set Treatise of that matter affirmatiuely , I thought good to acquaint him also , with that which I had conceived thereof negatiuely : and to that end both sent him a copie of that Treatise of mine , and by my letter sent withall , desired him to let me vnderstand , if hee found any thing therein that was not sound . The Treatise , & my letter withall were both delivered : but the satisfactiō that I received thence againe , was no more , but that , some reasonable time after , by another friend of mine , that Treatise of mine was sent mee againe , with this answere , that the partie to whome it was sent , saw no cause yet , said hee , to be of other opinion therein , then hee was of before ; that other friend of mine in such sort advising and wishing me besides , as that thence I might easily gather , that the Treatise it selfe was not so welcome , as I had hoped it might haue beene . 7 Speeding none otherwise there , then did I soone after put his Grace in mind , whether , as that kind of loosnesse began then to grow bold and heady , it were not vnequal dealing , to stay that which by good right might wel proceed , and was needfull too , for that which might not , and were not without danger besides . To that I had no answere , neither was it material I should : but I noted , that soone after there was some farther order taken for it , by publike authority . Others also of good reckoning , I heard , began openly to deale therein : both in one of their chiefest assemblies of all this land ; and , in exercise of learning , evē in the Vniversitie it selfe likewise . Wherevpon taking occasion againe , to put his Grace in mind of that Treatise of mine , whether yet his Grace could not like of the publishing of it , his Grace thē readily sent it vnto me , with his good leaue to publish it all : at which time there was an other impediment ( which most did stay him ) cleane removed . But then me selfe was already advised of an other good opportunity , the benefit whereof , to the better furtherance of it , my hope was then , that I might in reasonable time attaine vnto : & therevpon thought it best , to stay it farther with me , till then . 8 In which meane time , some of the favorits of that liberty , by stealth or secret meanes , haue gotten a Copie of the Treatice of that learned & reverend man aforesaid , to be printed and published : and , by such meanes as they haue vsed , haue dispersed , and imparted the same vnto many . By which inordinate course of theirs , there is no question , but that diverse may bee endangered : as making no doubt , but that , as that indeed was his iudgement ; so his learning , and their inclination meeting so fitly & kindly togither , the truth of the matter must needs be so also . 9 True it is , that many of the learned haue beene , and yet are , of that opinion , & accordingly haue interpreted , & yet doe , such Scriptures as they haue conceived to appertaine therevnto : but it is as true withal , that as many of the learned againe , if not far mo , haue beene , and are , of other opinion , and haue otherwise vnderstoode , & yet doe , those Scriptures aforesaid . And as some other Territories or several Churches , it may be , there are , who are of opinion , that in such case divorce may be , & marrying again : so is it as evident too that the governmēt of this Church of ours , & so of many others besides ( if the same may not be cōceived of the whole generally ) doth not allow it So that in truth if we go to the opinion or iudgement of mē , there is no questiō but that the matter is very hard to bee decided : but so far , as the more generall & setled iudgmēt , may cast the ballāce : as also in those Scriptures thēselues , which at the first sight doe seeme most properly to appertain therevnto , we haue the same difficulty also , vnlesse we repaire vnto those others besides , as whereby we may see see , that such sense doth hardly agree to some other duties that are required . 10 The cōtroversie therefoe standing in such case as it doth , and so many being so ready to take fast hold of so plausible a liberty , and so little regarding so great inconvenience as inseparably goeth with that opinion of theirs : as it was a cleere case with me before , that both the matter it selfe had need to be farther looked into , & that people did need to be warned of the danger that was therein , so it is still ; and so much the more now , as this inordinate course of theirs may bee more dangerous to many of our owne Country-men here . And so far as the occasion hereof did set it selfe a working in those Northern parts of ours , & I therevpon accounted my selfe , in conscience and in dutie bound , to giue such warning as then I did : so far now , the like occasion being in these parts also so plainely given , I thought it my duty , to resume , or take vnto mee that purpose againe ; & now to discharge that point of duty , so far at the least , as in my hands it should ly to do . But now seeing the matter is , among the learned , in question alreadie , and they are much more able , thē I , that haue it in hand , & in all respects very well furnished to such a purpose , that I may not seem , now to take part , but rather to respect , evē originally , the truth it selfe , I haue thought good to commend to the presse , that very coppy of that my Treatise , that was then ( those many yeeres since ) vnder the view , together with the Preface thereto , and the date thereof that it had before . So now I cease , and commend thee to God. Oxford , Iun. 4. 1610. THE CONTENTS OF THE TREATICE ensuing , according to the severall Sections thereof . THe Argument of the whole Treatise following : and , that there bee two sorts of places whereon those of the learned do rest , that are for Divorce or Adultery , a marrying againe , Sect. 1. What those places are whereon so they build . Sect. 2. How ready divers are , without any farther enquirie first made , to rest thereon . Sect. 3. That such as are of that opinion haue little ground-worke even in their Leaders , for that they are so much crossed by others as therein they are . Sect. 4. How doubtfull resolutions thēselues also for that matter haue . Sect. 5. Vpon how weake reasons they haue growne to such resolution . Sect. 6. What Protestations they vse withall . Sect. 7. What we are to thinke thereof : namely , that where such things go with all , there is no likelyhood to finde any certainety of Doctrine whereon to build ( especially , in so weighty a case as this . ) Sect. 8. Briefly declared that those places do little helpe : & that they do plainly mistake those two that seemed to be strongest for them . Sect. 9. How those places of Scripture are taken by them . Sect. 10. That , in such sort taking those places ( it may well be ) they did mistake them : both that of Deutrronomie . Sect. 11. And that other of Malachie also . Sect. 12. What our selues are to gather , on that their so taking of them . Sect. 13. In those places that most are for marrying againe , that they are so crossed by others , that those also are , likely to helpe them but little . Sect. 14. How farre they may be charged therein : namely , that their owne defectes are such , as well may make their iudgement suspected . Sect. 15. How weakely they reason in such things as are in question , and so of the substance of the matter it selfe . Sect. 16. How weakely they reason likewise in such things as are but accidentarie therevnto . Sect. 17. How weakly they reason on certaine other things also , as are of such a kinde or so neere vnto thē , as that thence they draw certain reasons also . Sect. 18. How , when they come the word it selfe , they much mistake it . Sect. 19. That on some places also they gather amisse : first Erasmus . Sect. 20. Then , Mr Beza also . Sect. 21. How weakly they do reason likewise on the authority of men . Sect. 22. That they haue divers inconvenient and hard speeches besides : especially Erasmus ( who , in this age of ours , was if not the first , yet the greatest motioner of this matter ) Sect. 23. Then also , certaine others of that company . Sect. 24. In the places themselues , first of that sense that they conceiue of them . Sect. 25. Then , what we may thinke to be their meaning in deed : and first of that in the fift of S. Matthew . Sect. 26. Then , of that other place in the 19. of the said S. Matthew . Sect , 27. In such doubts as may be conceived , that the Exception in such sense as we conceiue it , will nothing at all helpe them . Sect. 28. In the sense wherein they conceiue it , that it will helpe them but little also . Sect. 29. And in such case that they also must be very well advised , and take good heed what they do therein . Sect. 30. And that they doe nothing against any other Scripture , which they haue strong against them . Sect. 31. Nor against convenience neither , which in that case they cannot avoide . Sect. 32. That whereas the Apostle also permitteth the faithfull ( by an infidell forsaken ) to marry againe , that it also doth nothing helpe them . Sect. 33. The Conclusion . Sect. 34. OF DIVORCE FOR ADVLTErie , and marrying againe . WHereas that , which heretofore came ( lightly ) no farther , but only to be disputed among the learned , is now growne to so common a practise with many , namely to prosecute divorce for adulterie , and to marrie againe : the greater danger that thereby we may see to grow vp apace , towards the overthrowing of such integrity as yet we haue left , and to bring in the Turkish libertie of putting awaie such wiues as they like not , & marrying others ; the greater cause haue we so much the rather to see vnto it , & not slightly now , but soundly to examine , whether it haue any warrant at all in the written word . Which that we may the better finde out , it shal be good to note , that as there be two sorts of places of Scriptures , whereon the learned that are for that opinion doe commonly rest ( some that chiefly respect divorcing or putting away , others that do rather respect marrying againe ) so are the iudgments of the learned in such sort divided , likewise : all of them ( to speake of ) generallie , allowing of divorce ; and manie of them , marrying againe , in such case to stand by the word of God. And yet notwithstanding if we can for a time set aside the iudgement of others , and consider of the thing it selfe , in what case it standeth in the written word , by help of that light that God in these daies hath givē vnto vs , I make no doubt of it , but that soone we may finde so good matter for the contrary part , that whosoever shall indifferently consider of it , he will not easily afterwarde thinke , that hee findeth in any of that opinion , matter of worth to drawe him backe to that perswasion againe . Which while we shall endevour to shew , because manie themselues being given to that fleshly libertie , doe neverthelesse shrowd themselues vnder the iudgment of those learned that favour the same ; therefore it shall be needful ( the better to free them frō that preiudice ) not to dissemble whatsoever weaknes wee finde in the iudgement of those that are for it : though otherwise they be ( by verie good right ) of that reckoning with vs , that we ought to vphold their credit , the best that we may . But because the truth ought to be much dearer vnto vs , and seeing it is a wonted pollicie in Sathan , by the principal men ( so neere as he can ) to hatch & reare vp his errors among vs : therefore the dearer the truth is vnto vs , & the more wee should take heed , that we doe not beare with the error of any , the bolder may wee be in this case also , so farre-forth as the nature of the case shall require , to examine their iudgment , and not to spare for that smal discredit that vnto them may arise thereby . Which that we may do , with more perspicuitie vnto the cause that we haue in hand , I hold it best , that wee consider severally of those two sorts of places of Scripture that before we spake of , that so we may more plainely see how little warrant that perswasiō hath in either of thē : notwithstanding whatsoever helpe it hath in those learned , that are so much for it as they are . 2 In the former sort of places therefore wee are to consider , not only of the places themselues that are by divers of the learned alleadged in defense of such divorce : but also how weakely that same perswasion is grounded on them . The places themselues are , some of them such , as most of the learned doe make little reckoning of them to confirme that doctrine to any : but others of them such as they do take to be of speciall force to that end ; and accordingly leane not a little to them . Those that are such as of which most of themselues do make little reckoning to confirme that point of doctrine to anie , are two : one , in Ecclesiasticus ; the other , foūd ( in the vulgar Latin translation ) in the Proverbs of Salomon . That which is in Ecclesiasticus , is diversly read : but the effect is this , that it willeth the husband if the wife wil not be ruled by him , to put her away . But this booke is not Canonicall : wherevpō as not many of themselues do seeke any helpe thereby , so we also will not waste any needlesse labour about it . The other that ( in the vulgar Latine Translation ) is found in the Proverbs , is , that qui tenet adulteram stultus est & insipiens : that is , he that keepeth with him an adulteresse , is a foole and vnwise . But because this also is not found in the Originall , and may be vnderstoode of such harlots as divers hold , but not by mariage , therefore as it is of no force in deed , so doe most of them relinquish also the benefit of it : and therefore we likewise will not go any farther against it . Those others that they take to be of special force to that end , and accordingly leane not a little vnto them , are divers , and all of them found in those Bookes that are Canonicall , and therefore not to be denied to be of sufficient authority so far as they go . But thē we are to note therewith , that whereas there are 6. of them in all , 4. of them they accoūt of lesse importance . And chiefly rest in the other two . Those foure that are of lesse importance are of two sorts , some that hardly censure , that a Priest should marry with a woman divorced ; others , that shew the goodnesse of God to be much greater towards them in that kind , then was theirs towards their wiues when so they offended . Those two that doe so hardly censure that a Priest should marry a divorced woman , are Lev. 21.7 . & Ezech. 44.22 . whereof the former doth plainely forbid it : and the other doth greatly disgrace it also . For the former is , that the Priest ( among others ) may not marry with any quae repudiata est à marito , quia cōsecratus est Deo suo . &c : that is , such a one as is divorced from her husband , because he is consecrated vnto his God. The latter likewise is , that the Lord promising such a Priesthood , as should diligently walke in the ordinances that he delivered vnto them , among other things he reciteth that also , that repudiatas non accipient vxores , that is , that they should not take such as were divorced , to bee their wiues . Those two others that doe shewe the goodnesse of God to bee much greater in that kind towards them , then was theirs towardes their wiues when so they offended , are the one of Is. 50.1 . the other ost Ieremiah 3.1 . In that of Isaiah , the Lord demādeth , Ubi est libellus repudii matris vestrae , quodimiferim eam ? that is , Where is that Bill of divorce with which I sent your mother away ? meaning thereby , that hee had never put away his people nor cast them of : alluding to the custome that they had among themselues , divorcing away their wiues from them , which notwithstanding he had not done vnto them . That of Jeremie doth likewise allude vnto the same custome of theirs : and sheweth ; that although such as had put away their wiues might not haue them againe : yet the Lord himselfe would be ready to receaue them . To that end he saith , Valgò dicitur , Si dimiserit vir vxorem fuam , & recedens ub eo duxerit virum alterum , nunquid revertetur ad eam vltra ? nunquid non polluta & contaminata erit mulier illa ? that is , It is commonly said , if a man shall put away his wife , & shee departing frō him shal marry an other , shall he ever returne vnto her any more ? shall not that woman bee polluted and defiled . Those two other that chiefly they rest on , are , the one in Deuteronomie ▪ the other in Malachie . That in Deuteronomie , as they doe alleage it , is , Si acceperit homo vxorem & habuerit eam , & non invenerit gratiam ante oculos ejus propter aliquam foe ditatem , scribet libellam repudii , & dabit in manu illius , & dimittet eam de domo sua . That is , If a man haue taken a wife and haue her , and she finde no favor before his eies for some vncleannesse , he shall write her ( or , as others translate , thē let him write her ) a bill of divorcement , and put it in her hand , and send her out of his house . That of Malachie is much like vnto it , namely , Cum odio habueris , dimitte , dicit dominas Deus Israel , that is , Seeing thou hatest her ( meaning his wife ) put her away , saith the Lord God of Israel . By which they conclude that Moses first , and Malachie after , did in plaine words of the Text , in such case allow divorce vnto them . 3 The places being thus briefly noted , now if wee would see how weakly that persuasion is groūded on thē , it shall not be amisse , first to note , how marvellous ready the common sort of those loose wantons of ours are , to sort themselues to that opinion , & yet how little groūdworke they haue , even in their Leaders themselues . How marvellous ready they are to sort themselues to that opinion may sufficiently appeare in this , that when as it is graunted that such places there are , whereon the learned ( that are for divorce & marrying againe ) doe groūd their opinion , even that only is enough for them , and doth so fully resolue them in it , that hardly can they afford their eares , paciently to heare any more . For as wee are all by course of nature giuen vnto sinne , and especially , vnto revenge , & to the inordinate lusts of the flesh : so are there some ( and those not a few ) that haue afforded so hard entertainement vnto that good spirit of God , whereby only they should be preserved from so dangerous passions , that it is not of such to bee expected , but that , ( hee not vouchsafing to tarry with them ) easily they would settle themselues vpon any semblance , that should fit their humor whatsoever it were : which if it be so , then are we so much the lesse to marvel , if , as when meate is set on the table , men commonly vse to fal vnto that which best doth like them , and , the more that themselves haue their stomakes possessed with vnholsome humors , ofttimes vnto that which is worst of all for them : even so in this likewise when diversity of opinions is broached vnto vs , then every one to betake himself vnto that which best liketh him ; and , the more that any as yet abideth vnder the power of error or sinne , the more to like the opinion of those , that best of all fiteth his inclination , though otherwi●e it be not so neere the truth as is some other . And as in the one , such is the power of that distēperature , that one that is in such sort distempered , can hardly but thinke that that which he fancieth , is indeed simply the best of all the residue : even so in the other , it is no newes to see , that such as are so strongly possessed of any such passion of humanity whatsoever they find that doth beare a shew of the truth , ad yet doth sort it selfe nearest to that speciall disposition of theirs , doe account that also the best Divinity . 4 How little groundworke they haue , even in those that are their leaders themselues , may partly appeare in that they are so much crossed by others , as therein they are ▪ but especially , in that which thēselues haue set downe for that matter . That they haue little groundworke in them , if they be so much crossed therein by others as they are , may likewise appeare if we consider but these two things : first , how farre they are crossed therein ; then , what it is that followeth thereon . To see how farre they are crossed herein , wee shall neede to goe no farther , then to the plaine confession of one of themselues , Erasmus by name . Who immediatly after his very entrance vnto that speciall discourse of his , doth plainely acknowledge , the generall iudgement of all Christendome to bee against that which he was then to propound , to be further examined . Scio , saith he , receptissimum esse inter Christianos , ubi semel coijt matrimonium , nullo pacto posse dirimi , nisi morte alterius . I know , saith he , that it is the generall or most receaved opiniō of all Christians , that whē marriage is once made , it can no way be broken againe , but only by the death of one of the parties . And as here , in generall tearmes he acknowledgeth the iudgement of the whole Church , or of all the people of God generally to be against that presupposed libertie : so , in the next sentence following descending to particulars , he acknowledgeth there likewise , that that is the iudgement both of Chrysostome and of the old Latines , and of S. Augustine especially : and , that the same iudgement of theirs , is confirmed by the constitution of Bishops , and by the authority of the Lawes Decretall ; and allowed of by the consent of the Schooles of Divinitie . So himselfe granteth , that hee findeth against that opinion ( where vnto notwithstāding he inclineth ) many great Fathers , even all the Latines generally , the Ecclesiasticall lawes also , and ( in effect ) Divinity too : then the which I thinke we need no more for the reasonable proofe of that assertion , then so plaine a testimonie of so speciall a patron of that persuasion . Wherein though divers of them besides haue beene more sparing , then to slip any so plaine a testimonie ( belike , least so they might further let downe , in the minds of many , the credit of their cause , then themselues were able , any way to raise it againe ) yet neither doe they reproue him for it , and besides , both Peter Martyr abroad , & one other of our own at home ( by very good right of speciall account for many good parts , with the learned and godly among vs ) haue set down somewhat , not much abhorring from the same . The former of them , Non reperies in veteri Testamento ullos celebres aut laudatos viros divortio vsos esse , quantum historiae sacrae referant , that is , Thou shalt not finde in the olde Testament , any of the better sort of men to haue vsed ( the libertie of ) divorce , so far as the holy Scriptures doe testify . The latter of them , that S. Augustine , the Schoole Divines , the Canonists , and the Church of Rome , though in case of adulterie they allow of divorce , yet allow they not to marry againe . And it is sufficiently knowne vnto vs , that though divers particular persons there be among vs of other iudgement ( and divers of them otherwise , both learned and godly ) yet that forme of government which we haue all generally agreed vnto , to bee in such case observed of all ( as by our lawes both Ecclesiasticall and Civill appeareth ) is directly against such marrying againe , though divorce be for no lesse then for adultery . That which followeth vpō it , is this , that vnlesse those that are for it , haue such places for them , as are cleere and without exception , they can prevaile but little therein , but must needs leaue the better end of the staffe vnto others . For if themselues wil not deny but that there be many against it , and as many as there be with it , or rather more , then , as the scales when they hang indifferently , doe shew that the things that are weighed therin , are of one & the selfe same weight , but when they vary , that then the one of thē needeth more weight to be added : so howsoever that if our voices were even , or the matter but in quaestion among vs , & not over-ruled , then the allegations of either partie , might be alike esteemed of those that stand indifferent ; yet when as it may very well be doubted , that they are many more against it , then there be for it , and the matter is ( with vs ) over-ruled against them , then vnlesse their proofes be the better , they may not looke to evict it from those whome they plainely finde in possession already . The evidence ( indeed ) may proue tobe such , that neither the greater number of voices , nor possession of old , may stand against it : but vnlesse it be such , whosoever it is that would claime thereby , may looke for no more , thē it will be able , in equitie and truth to win vnto him . 5 Of that which themselues haue set downe for that matter , a good part respecteth most their owne iudgmēt therein : the residue , those places out of which they doe gather it . In so much of it , as most respecteth their owne iudgement therein , we are first to note , what it is that they haue brought vs : then , to advise our selues thereon , how far forth wee may take to our selues the advantage of it . That which they haue brought vs , is of two sorts : either to shew vs how hardly and doubtfully they are resolued ; or such other things as follow thereon , that may be some warning vnto vs besides , to take heed that we rest not too much on their iudgement . As touching the former , namely those hard and doubtfull resolutions of theirs , I take it that the best order will be ; to take those whome I meane to alleage , in such order of time , as wherein themselues did write . And so beginning with Erasmus first , he began his Annotations on the new Testament 1515. in which booke that Treatise of his is , that he wrote of this matter . In which he is so far from allowing of that course absolutely , that he doth no further ; plead for it , but whereas the woman is a flagitiis operta , b quibus ( maritus ) nec causā dedit , nec mederi possit , and after againe , c qui nihil est commeritus ; after this also , d that nihil non frustra tentatum sit ; and yet notwithstanding that then also it be not done by themselues , or any , other private persons , but ubi res erit acta per Episcopos , aut per probatos & graves Iudices ; that is , that the wife ( that so must be put away ) must bee a very bad woman ; that her husband ( that may put her away ) never gaue her occasion to any lewdnesse , neither is able now any way to help it , nor ever deserved any such ill dealing of her ; after this also that first hee must haue tried all good meanes , but can doe noe good on her , and that such divorce be never made but by Bishops or other approved and graue Iudges . Musculus also setting forth his Commentaries on S. Matthewes Gospel , 1554 , though he grāt that divorce may be , stupri causa , that is , for whoredome : yet he addeth withall , Casus hic habet varias circumstantias , quas hoc loco excutere propositum non est . Sed tamen admonuerim ut quibus tales conjuges divino judicio contingunt , recordentur se esse Christianos . Et primum cogitent de lucranda coniugis salute , si id fieri queat : si vero nequeat , tum demum libertate sua , neque id sine animi dolore utantur . That is , this case ( notwithstanding ) hath divers circūstances , which my meaning is not here to sift out . But this would I warne them of , that those to whom by Gods appointment such wiues haue falne , woulde remember thēselues that they are Christians . And that first they woulde thinke to bring their wiues to better waies , if it may be : but if that cannot be , that then they take the benefit of their own liberty , but not without their own harts griefe in that case also . Peter Martyr hath two cautions ; one , that the man had need to be honest himselfe ; the other , not to go without authority therein . For the former , periniquū judico , saith he , ut vir exigat ab uxore pudicitiam , quam ipse illi non exhibet ( which he saith was the law of Antonius ) that is , I take it to be very bad dealing , that the husbande should exact chastity of his wife , who doth not yeeld the same to her himselfe likewise . For the latter , Si quis autem propter stuprum solus cogatur degere , &c , cum eifacere leges copiam nolint secundarum nuptiarum , &c : certè nō possunt ei occurrere nisi duo remedia : ut &c , jam arbitretur se à Deo vocationem habere ad coelibatum , &c : aut , &c , si putet sibi expedire , ut libertate à Deo concessa utatur , &c : conferat se in regiones ubi hoc liceat . That is , ( so much as I thought good to draw out of the place it selfe ) But if ( by putting away his wife for whoredome ) a man be compelled to liue single , as in case , when the laws ( of his coūtry ) will not suffer him to marry againe , he truely can haue his choice but of one of these two remedies : that now he account himselfe to haue a calling from God to single life ; or if he thinke it expedient for him to vse that libertie that God hath given him , that he then get him into those countries that wil allow him so to doe . Againe , Quin & in his quae Scriptura expressit , nihil absque Magistratus approbatione audendum judico : or , as by and by after he saith , publicis legibus vetantibus , that is , evē in these things that the Scripture hath expresly allowed , I thinke that nothing is to bee attempted without the Magistrates leaue , or whensoever the Lawes of the coūtrie forbid the same . And his reason there , is , for that although marriage be the ordinance of God : yet for the circumstances therevnto appertaining , it hath diverse things that are to be governed by the positiue laws . Kemnisius likewise , writing against that part of the Councill or Chapter of Trent 1566. Omnino ( saith he ) quantum salva conscientia fieri potest , opera danda est , ut divortia etiam legitima caveantur , nexus conjugalis vel indissolubiliter servetur , vel si interruptus fuerit , redintegretur . That is , In anie wise we must take heed , so farre as with good conscience we may , that we take heed , even of lawfull divorces also , and that the bond of marriage either inviolably be kept , or if that be ( at any time ) broken , that then it be made vp againe . And a little after , Et pijs omnibus probatur , ut non statim ad divortia prosiliatur , sed priùs tententur omnia quae reconciliationi & redintegrationi servire possunt . Omnia enim mihi licent , sed non omnia expediunt , & aedificant , inquit Paulus . That is , And it is thought meete by all good men , that men do not forthwith set in hand with divorce , but that all things be first as●aied , that may helpe forwarde reconciliation , and to make vp the breach againe . For all things are lawful , but not all things expedient , and vnto edifying , saith the Apostle S. Paul. Beza likewise , in that speciall Treatice of his on this matter published 1573. though he be much harder , than others of his fellowes in this point , and therevpon setteth downe , that although himselfe do pronounce them to be , veluti altero oculo captos , qui in hoc unum ita sunt intenti , ut nocentem innocētireconcilient , ut interim perexiguam habeant innocētis rationē : yet both he disalloweth of the iudgment of those , that hold , that the innocent party is boūd , dimittere potiùs quā illi reconciliari ( which is somewhat : ) and afterward more liberally he addeth , that of the two , he rather alloweth of them , qui reconciliandis potiùs , quàm sublata omni spe instaurationis , seperandis conjugibus student ; ( a great matter . ) So , his meaning is this , that although he account them al but one-eied men , that in such sort labour to recōcile the party offending vnto the innocent , that they haue but little care how to provide for the innocent also : yet neither is he of the minde of those , who account the innocent partie bound , rather to put away his wife offending , than to be reconciled vnto her againe ; and ( that more is ) doth also allow , much more of those that labour that attonement , than of those that labour to sunder them , without any hope of any restitution after . Afterward againe both he saith , that it were praise worthy , not to doe it without the leaue of the Church , and going against that opinion of Bueer , that seeing the Lord would haue an adulteresse put to death , he would not haue their husbands to keep them : he answereth , hinc minimè consequi , nefas esse maritis ( si cessent Magistratus ) uxores resipiscētes ex charitatis Christianae norma recipere . Lex enim illa , quid facere Magistratus , non quid privatos oporteat , praescribit . That is , that it doth not follow thereon , that it were any great offence , vnto husbāds according to the rule of Christiā charitie , to receiue their offending wiues , when they are penitent . For that Law ( saith he ) doth prescribe , what Magistrates , not what private men are in such case to do . Lastly , Zegedinus in those common places of his , which in tables were published 1585 , moving the question , whether the innocent partie , if he cannot containe may marry againe , he answereth , Bona conscientia id facere potest , at non absque Ecclesiae , ac etiam pij magistratus venia , ut infirmorum offendiculis occurratur . That is , with good cōscience he may : but not without the Licence of the Church , & of the godly Magistrates too ; that the weake be not offēded thereby . In al which we see , that they do not so absolutely allow of divorce and marrying againe , but that themselues also doe something restraine it , lesse or more , as euery one is therein persuaded . So that if in the end it doe fall out ( as for my part I thinke that it will ) that in the written word they haue no warrāt to grant so much as they doe : then shall we lesse marvell to see , that they doe so much abridge and take short the selfe same thing , that otherwise they are so willing to grant . 6 When in this sort they haue resolued ; then are we to see , what other things they haue besides , which may be some warning vnto vs , to take heed , that we rest not too much on their iudgements : and those may wee account to be of two chief & principal sorts . First the reasōs alleaged to haue induced them so to determine : then , the Protestations that they haue ioined therevnto ; and , as it may seeme to qualifie the hardnes of their iudgement therein . As touching the reasōs that induced thē so to determine , Erasmus , when first he opened that passage ( to himselfe & to those that would follow ) was so carefull to set them downe , that it seemeth others did not after thinke it needfull , to prosecute the same any farther : and so shall we also contēt our selues to goe no farther , but only to alleage such reasons as he thought meetest to vse . And those reasons that he alleageth , me think , we may reduce vnto two principall sorts : whereof some there are , that simply arise out of the matter that is in question ; others , that stand but only by the way of comparison . Those that simply arise out of the matter that is in quaestion , doe some of thē more specially concerne the substance of it : others againe , that are taken of such matters as are but accedētary therevnto . Those that concerne the substance of it , are all such discommodities as commonly haūt disorderly marriages ( especially those , wherein the bond of wedlocke is brokē ) which he thinketh to be so many and great , that S. Paule himselfe would haue borne more with them in that matter , as he is persuaded , if it had beene propounded vnto him . Quod si Paulo ( saith he ) proposita fuisset huiusmodi causa , stultus cum stulta , puer cum puella contraxit , intercesserunt lenae , vinum , temeritas , arte in nassam inducti sunt &c , nihil inter coniunctos convenit , tunta est morum & ingeniorum dissimilit udo , rixae iuges , odium immedicabile , timetur venenum , timentur caedes , nihil nō malorum expectatur , neuter coelebs potest vivere , &c. : fortassis pro causae circumstantiis , aliud responderet Apostolus , & nonnihil relaxaret de rigore cōsilii superioris , suáque scripta civilius opinor nobis interpretaretur , quàm nos interpretamur . that is , But if this case had bin propounded to Paule , one foole with another , a boy and a wench haue married together ; bawdes , drunkennesse , & rashnesse were doers therein ; by craft they were so far intangled : being so married , now they agree not , so divers are they in their waies and disposition : continuall chidings , extreame hatred ; poisoning , and murder are feared also , and they looke for none other but for all manner of evill ( each from other ; ) neither of them can liue single : it may be , that according as the circumstances of the case should require , the Apostle would giue some other answere , & would let downe a good part of the rigor of his former advise , and would interpret his writings vnto vs more curteously then we our selues doe . In which his speech though there be some inconvenience besides : yet ( leaving that to his proper place ) now I bring it in but only to this end , to shew of what force he tooke the calamities of disorderly marriages to be to the matter he hath in hand ; namely , to breake of , and to marry againe . For so he saith , Si cohaerent , bis perit uterque : si mutetur coniugium , spes est utrumque fore incolumem . that is , If still they abide together , each of them doth certainely perish : if they may breake óf , and marry againe , there is good hope , that both shall be safe . Those matters that are but accidentarie therevnto , and out of which he draweth some reasons likewise , are the Scriptures therevnto appertaining : and the iudgement of others thereon . Of the Scripture he saith , videbam Scripturam hac in parte , vt plerisque esse perplexam , & ancipitem , that is , that he saw the Scripture to be in this point , as in many others , intricate , and doubtfull : and therevpon ( belike ) accounted that he might bee the boulder to afford his patronage to this , when as hee thought that the Scripture would not bee against him therein . Out of the iudgement of others he chuseth out two severall considerations : one , that the olde and the new did not agree together ; the other , that such things as were obiected by those that were of the cōtrary minde might easily be answered . For the former he saith , Videbam veteres interpretes doctissimos , à recentioribus dissidere ; and for the latter , that he saw likewise , ea quae obijciuntur , facilè posse dilui , citra nostrae religionis injuriam : and so reasoning from these ( as I doe conceaue him ) out of the former , that it should be no new , nor absurd thinge for him neither , to dissent from others herein ; and out of the latter , that there were no danger of hurt to come thereby , when as , by it , our religion should be nothing impaired . Those reasons of his that doe stand only by the way of comparison , are of two sorts also : some , that stand in comparisō of persons only ; others , that compare the matter in quaestion with others not vnlike decided already . The persons are of two sorts likewise : the Church or whole Body of the faithfull ; and the Bishop of Rome , then the supposed Head of the same in earth among vs. From the Church he draweth two reasons : one , of the authoritie of it , that Christ did giue it ; the other , of the good direction that it hath by the Spirit of Christ her husband . For the former he saith , Videbam quanta sit authoritas Ecclesiae à Christo tributa , cui dederit claves regni coelorum ; and so , that she might well set it downe , by the authority to her committed : and for the latter , that hee accounted with himselfe , Ecclesiam habere sui sponsi Spiritum , neque posse non rectè statui , quod ad hominum salutem , illo authore statueretur ; and so gathering thereby , that if shee should take such order , it must needs be well ordained . From the Pope , hee draweth other two reasons likewise : one , of a speciall good likelyhood , that he would be most willing to helpe in time of need : the other , of the abilitie or power that he conceaueth him to haue to doe good therein . Of the former of these he saith , Videbam quàm esset ingens Romani Pontificis clementia , qui succurrat etiam iis qui apud inferos , citra periculum exitii aeterni , cruciarentur , thereon gathering , that seeing his compassion is so greate towardes those that are none of vs now , it cannot be , but that much rather he wil help those that are so much neerer vnto him Of his praesupposed power , he reasoneth likewise two severall waies : one waie , out of the generall consideration of the whole ; the other , out of a more speciall consideration of it , as it hath beene imploied , and what force it hath had in matters of much like nature to this . Of the former he saith , Videbam hoc tribui Pontifici Romano , ut Evangelicam & Apostolicam doctrinam interpretetur , astringat , laxet , dispenset , & iuxta quosdam etiam abroget aliqua in parte : so gathering thereby , that seeing it is so commonly giuen to the Bishop of Rome , not only to interpret the holy Scripture , but also to enforce the same somewhat further , and to let it downe againe when hee thinketh good , or to remit some part of it , as also to dispense therewith , and ( in the iudgement of some ) even to abrogate some part of it also ; then need not he ( as I doe conceaue him ) be thought to importune him too much , that doth but commēd this to his good consideration , & no further neither thē himselfe shall thinke good to deale therein . In the latter hee doth not only set downe the ground of his reason : but himselfe also addeth ( more then before ) what it is that he gathereth out of the same . The ground of his reasō therein is , that he saw ; per Romanum Pontificem person as reddi inhabiles , quos neque natura , neque lex divina fecerat inhabiles : that is , that certaine persons were by the Bishop of Rome made vnable ( to marry ) whom neither nature , nor the law of God had made vnable . That which himselfe doth gather out of the same , is , that it seemeth to be eiusdem potestatis , hominis autoritate vetare ne coeat matrimonium ; & efficere , ut dirimatur matrimonium . That is , of like power that by mans authority mariage may bee prohibited to any , and to bring to passe , that when it is made , it be broken againe . Those other matters not vnlike to this , decided already , out of which he bringeth some reasons also , are first the allowance of divorce by men of great reckoning : then also the breaking óf , both of espousals and mariage also , in divers cases . For the former of those hee saith , Videbam viros olim probatae doctrine , sanctimoniae que , non fuisse deterritos Evangelij , Paulique verbis , quo minus admitterent divortium : and ( for further confirmation of their doing ) he addeth , videbam quaedam secus posse exponi , quam hactenus exposita sint . That is , that hee hath noted divers men in times past , of vndoubted learning and godlinesse , not to haue been terrified by the words of the Gospell , and of S. Paul , but that they haue ( sometimes ) admitted divorce : & that certaine places ( belike that seemed most against thē ) might be otherwise expounded , then hitherto they haue beene . ( Which expositions if we may account thē those , that himselfe in that Treatice bringeth in , thē is it not vnworthy the marking , whether most of those that are of that minde , doe not since themselues also vrge them vnto vs , as the truth indeede , without any great examining of them , how they stand with other Scripture . ) For the former of the other two , espousals I meane , he saith that hee saw , ob professionem instituti humani , ob mutatum pallium , sponsum legitimum fraudari sua sponsa : that is , that for the profession of some ordinance of man , even for the changing of the attire , a man lawfully espoused or handfast , should be defrauded of his espoused wife . And for the latter , that he saw likewise in that age of his , matrimonium dirimi ob errorem personae & conditionis , etiam consummatum coitu : and , ob lapsum in haeresim , etiam illud dissolvi , de quo dubitari non poterat , quin verum esset matrimonium . That is , that he had seene likewise , marriage to be accoūted void , for the error either of person or condition , although it were consummate before with copulation : and that , for falling into heresie , such marriage also was held as brokē , which no body might doubt of , but that it was true marriage indeed . In all which ( these his last reasons I meane ) it seemeth that his inference is , that if so many waies men make them so bold with that holy ordinance , to alter and dispose thereof in such liberty , as in these cases they doe : thē may no body thinke much with him , for no more but propounding of that , which he taketh to bee much better warranted , even by the doctrine , and plaine wordes of Christ himselfe . That vpon these his aforesaid reasons he thought good to propounde this matter to bee farther thought on by others , and that therevpon hee doth no more but propound it neither , may sufficiently appeare both in the words that he vseth withall : as namely , when a little before his reasons , and in the ende of handling the matter it selfe , he saith , Haec tamen paucis libuit delibare , quo doctis a● studiosis uberiorem cogitandi materiam praeberemus : and immediatly after , His rebus commota charitas Christiana , proposuit ijs qui me plus cernunt , dispicerent , si qua ratione sermo Evāgelicus ac Pauli dispensari posset ad plurimorum sulutem , &c. And anon after , Quod si hoc quod opto , fieri non potest , certè illud potest statui , ne matrimonia praeter veterum omnium morem , praeter aequitatem naturalem tam facilè , ne dicātā temerè , coeant . That is , yet these few things I thought good to giue in as a taste , that I might giue occasion vnto the learned and studious , to thinke better therevpon : and , which followeth , that Christian charity being moved herewith , hath propounded thus much to those that doe see farther thā I , to the end that they should cōsider , whether by any meanes that speech in the Gospell , and in S. Paul , might be dispensed , to the good or safety of manie . But if that which I wish may not be obtained , yet certainly there might bee order taken , that mariages shoulde not hence-forth be so lightly , and so rashly made , so far vnlik● to all former good vsage , yea and to natural equity it selfe . Which things I haue more specially noted for two principall causes : one , concerning the validitie or force of the reasons he bringeth the other , how far he buildeth thereon . The force of the reasons the greater it is , the iuster cause was there then , & yet is , to helpe forward that motion so well as we can : the weaker they are , the lesse neede wee to account our selues vrged thereby , to follow the course that they may seeme to commende vnto vs. How far he buildeth theron would be marked likewise , because he doth proceed no farther thereon , but to make this motion only : whereon , if others since haue set an heavier building , by over-ruling that point as a manifest truth , that crept in but ( as it were ) two daies before , as a poore and a doubtful question , it seemeth to me , either that they haue more and greater reasons wherevpon they are gone so farre ; or els ( which I rather thinke ) that they haue raised more building thereon , than the foundation is able to beare . 7 What protestations they haue thought good to ioine therevnto , ( & belike to qualifie the hardnes of their iudgment therein ) is so much the more needfull to be cōsidered , for that otherwise we might either charge them farther than iustly we may , or suffer our selues to be carried farther by them than we ought . Both which are ( so much as we may ) to be avoided ▪ the on● , for the duty that we owe vnto them ; the other , for the care that we ought to haue of our selues . In which although chiefly I meane to rest on Erasmus , also for that hee was ( so much as hee was ) our leader herein : yet shall it not be amisse , somwhat to heare some others also , especially one , that most of all hath advanced that perswasion in these our daies . In Erasmus ( we ●inde , some part of those his protestations to appertaine to that whole worke of his wherein his Treatice is of divorce , & marrying againe ( his Annotations on the New Testament ) and some part of them more properlie to belong to that very matter , that now we haue in questiō among vs. Of those that belong to that whole worke of his , I haue noted a couple : one , that sheweth how little he arrogateth vnto himselfe therein ; an other that doth shew likewise , what liberty hee leaveth vnto his Reader . For the former he saith , Nos ad utrumque juxta parati sumus , ut vel rationem reddamus si quid rectè monuimus , velingenuè confiteamur errorem sicubi lapsi deprehendimur . Homines sumus , & humani nihil alienum à nobis esse ducimus . That is , We are alike ready to both these , either to giue a reasō of it , if any where we haue advised wel , or plainely and readily to acknowledge our error , if any where we be found so farre to haue slipped . For the latter he saith likewise ( after that hee craved but such indifferencie as is afforded to all offenders at the Barre generally , namely , that his booke may first be read , before it be condemned by any . ) Legat prius ac inspiciat , deinde si videatur , damnet , ac reijciat . That is , Let a man first read it and looke into it , and then , if hee thinke good let him condemne it , and cast it from him . Of these that doe more properly belong to that very matter that is in question , I haue noted likewise a couple in the beginning of that his Treatice : & one other , towards the end . In those that he hath in the beginning first he protesteth his own good meaning therin , that he doth it but to enquire of the truth , and not to bee contentious therein : then after , he setteth good reasonable bounds for the better deciding of it . As touching the former , his words are these , Ut semel in hujus operis initio sum testatus , perpetuò testatum haberi par est , in toto opere me nus quam esse velle contentiosi dogmatis autorem ; tantùm juvandi studio monere studiosos : semper inconcusso , & illabefacto judicio sacrosanctae Ecclesiae ; et eorum quibus uberius donum eruditionis et sapientiae contigit à Christo : that is , As once in the beginning of this worke I did acknowledge , I thinke it meere to bee acknowledged still , that throughout the whole worke I wil never bee author of any contentious opinion , and that my meaning is but only to admonish the studious for their help : alwaies reseruing the judgement of the holy Church , and of those on whome Christ hath bestowed a better gift of learning and wisdome , altogether vntouched by me . As touching the latter he saith likewise a little after , Caeterum , si semper hoc bonis viris cordi fuit , opinionem in melius commutare , & leges seu pharmaca cōvenit ad morborum habitum & rationem accommodare , consideremus an hic expediat idem fieri : & , si expedit , an liceat ut matrimonia quaedam dirimantur , non temere , sed gravibus de causis , neque per quoslibet , sed per Ecclesiae Praefectos , aut Iudices legitimos : & ita dirimantur vt liberum sit utrique cui velit iungi , aut alteri certè , qui divortio non dedit causam . that is , But if it ever pleased good men well , to change their opinion vnto the better , and if it be good to frame our Lawes even as medicines vnto the nature or maner of our diseases , let vs cōsider , whether in this also it be good so to doe : and if it be expedient , whether ( then ) it be lawfull or permitted vnto vs , that certaine marriages may be broken asunder againe not lightly , but when the cause is weightie , nor by any whomsoever but by the Governors in the Church , or other lawfull Iudges : and that those marriages may in such sort be broken asunder , that it may bee free for either party to marry againe where they thinke good , or at least for the one of them , the same that gaue no cause of divorce . That which he hath towards the end , is much like to the former of these , and of the same nature with it . For whē he hath before protested , that he did propound this but to whet vp the studious to a further consideration of it , hee inferreth therevpon , Nec vllo pacto iudicio maiorum ob haec praeire conamur , multo minus Ecclesiae Catholicae . that is , Neither doe we in any wise hereby desire , to prevēt the iudgement of our betters , much lesse of the Catholike Church . Those others that I haue thought good to bring forth to be heard in this cause besides , are two : Peter Martyr ; and Beza . Peter Martyr though he runne the selfe same course in effect , that Erasmus had before propounded and laid it open to those that would : yet both hee would haue the Magistrates leaue first obtained as wee saw before , & hauing then set downe a good peece of his minde before for that matter , in fiue whole Sections , in the end of the fift he addeth , Haec à me sictraduntur , ut melius , ac sanius consilium perpetuò sim paratus , & audire , atque admittere . that is , These things are in such sort delivered by me , that I am ever ready , both to heare and to admit any better & sounder advise . Which words of his if wee restraine onely to that point that immediately goeth ( in that place ) before , both I should thinke that wee should doe him manifest wrong , and that his owne very wordes ( not speaking of one , but of more ) would much favour our conviction therin : and if we enlarge them vnto the whole , or to the drift of his opinion in all those points before delivered , then may we see that he was not ( as some others are ) so peremptory therein , but that he professeth that he would be ready so far to change , as at any time he should see any better . Beza is more resolute in it , and hath more largely handled that argument ; yet may we see , that he also doth something moderate himselfe therein : and that , both in his Epistle prefixed before the Booke that he wrote ; and afterward also , in a speciall point of the Treatice it selfe . In his Epistle it shall be good to consider , first what he saith for the matter it selfe : then , of his owne dealing therein . For the matter it selfe he saith , that Nihil prohibet de istis quaeri & divers as eorū sententias audiri , quos apparet veritatis investigandae studio duci , modo publica authoritate receptis pertinaciter non obsistatur . that is , Nothing letteth , but that these things may be called in question , and the opinions of those be heard , who seeme to be led with a desire to search out the truth , so that no stubborne resistance be made to such things , as are by publike authority already receiued . Of his own dealing therein he saith likewise , both that he could not satisfy himselfe therein : and that his minde was not , any way to preiudice the iudgement of others . For as touching the former , his words be these , Neque verò ipse mihi in hoc argumento satisfeci : sed doctiorum theologorum studia mihi satis fuit commovisse . that is , Neither could I in this argument satisfy my selfe : but it was enough for me , to haue stirred vp the studies of more learned divines . As touching the latter , he saith likewise , Ego , quid mihi de istiusmodi multis videatur , quasi vnus quispiam exposui , nec cuiquam praejudiciū factum volui . that is , What my mind is cōcerning many such things as these , I haue , as one of the rest , declared and would not that any should be prejudiced thereby . That which hee hath in a speciall point of the Treatice it selfe , is , that there handling the question , whether the innocent party bee bound in conscience vtterly to abandon his wife , or if shee repent , to take her againe , though there he acknowledgeth that it is not his part to send them away doubtfull therein : yet he taketh hold of an other part of his function also ( non vt leges cuiquam praescribam ) that hee was not then to prescribe any lawes vnto them , & so may seeme thereby to acknowledge , that albeit he then declared his mind therein , yet meant he no otherwise , but to leaue them vnto the freedome of their own iudgement withall . Againe Dixi quid mihi hic videatur : suum cuique liberum iudicium esto , modò ex verbo Dei quisque sapiat . that is , I haue shewed what is my iudgement thereon : let every one be persuaded therein as himselfe thinketh good , so that he ground himselfe therein , on the word of God. 8 Now that we may more orderly gather what wee are to thinke of these resolutions , alleaging of reason , and protestations , so doubtfull , so limited , and so fensed speaches , and how far we are to take the advantage of them , and withall to shew , why I haue in this place presented a certaine of them vnto the view : I am here to admonish ; first that one way there is , wherein it may bee that some will take them , which in no wise is meant by me , but another there is , which willingly I doe acknowledge to bee my meaning indeed . That which is not meant by me , is , if any should so take them , as if I had alleaged them in the way of disgrace to those that wrote them : a thing of that nature , that neither might I iustly doe it : neither would I though so I might . I might not iustly doe it , because there were no cause so to doe . For the case being such as it is , they could write no more certainely , nor more boldly then they did so long as yet they did not espie how wrong they were , in some of the maine principles of it . So that in such case they are so far from the desert of iust reproofe , for not being resolute , but vsing great warines and limitation in all such speeches as thereof they deliver , that it rather deserueth right good commendations , that in a case so intricate , doubtfull & strange ( as they did take it ) they framed their speeches so sutable vnto it : that as those speeches of theirs were sufficient tokens to all , how hardly themselues tooke vpon them to goe so far as they did ; even so might they bee as good warnings to others , there to read with the better attention and judgement , & not so much to imbrace the opinion that such haue conceiued , as to examine and ponder the reasons , whereby they suffered themselues to be therevnto induced . And although it be expected at the hands of all that are to leade others , that they be resolute in that which they teach : yet if at any time the case be such , that iust occasion bee giuen to giue in their iudgement of such things as yet are not ( among the learned ) so fully decided , then is there no more at their hands expected , then to deliuer their minde accordingly . In a firme , plaine , ready , & beaten way , howsoeuer men are wont more freely to ride : yet if it be covered with snow , rough , or stony , or yeeld any semblance of quicksands or miers , although in such case there are founde sometimes , that then also will ride freely enough ; yet was it ever , and ever will bee accounted more wisedome , in al such cases to be more warie . Examples hereof we haue very many , wheresoever the Scriptures haue not so fully declared those thinges that neverthelesse wee thinke are enough decided by them ; as , at what time the Angels were made : or , when the matters are prophetical , and extend to a farther time then is conceived ; as , the manner of Antichrist and of his comming to the Fathers of old , and of the calling of the Iewes and Turks to the knowledge of Christ before the last daie , to vs now . Of which things ( and some others besides ) those that haue written ( even the best of them all ) may easily be found to haue divers ambiguous and timerous speeches : and yet notwithstanding are not therein to be hardly cēsured neither , for that ( as those matters are ) there was nothing more that iustly might be expected of them . And so to come to these others againe , as in right I might not seeke their disgrace thereby , as having no sufficient groūd worke vnto it : so God forbid , that if I had , yet I shoulde at any time haue that meaning with me , being as they are , not only partakers of the selfesame Grace with vs ; but also such instruments to the advancement of the glorie of God , and so comfortable lights to all the faithful in these our daies , as that the Church of God hath seldome ( if at any time ) had , for those matters , a greater blessing . That other which is my meaning indeede , is , no more but to note , that seeing they are not , in that matter , more fullie resolved , there is no certainety ( nor any great good likelihood neither ) for any to ground themselues vpon , that gladly would take vp that opinion with them . If we had found them so resolute in it , that , without any doubting , and without referring themselues vnto those that might see farther therein , they had flatly & boldly pronounced , that it was the vndoubted word of God , though therein also ( in accepting of it ) we might haue beene deceived , as not looking vnto the matter it selfe , with our owne , but with other folkes eies : yet had that beene a more tollerable error a great deale , and more easie ( by many degrees ) to be excused , especially to those ▪ that in such cases are ( in many things ) to depend vpon others , either for that they are otherwise imploied , than that they may giue thēselues to such reading as such matters require , or , if they may , yet haue they not that depth of iudgement , that such thinges require . But when as themselues , whome we are content to make our leaders therin , being in other things resolute inough , and as bould as Lyons , do not set downe their opinion in this , but with great warines , doubtfulnes & feare , with so many cautions & allegations , with such submissions and protestations ▪ it would be no final wōder to me ( but that I know , how inclinable to such things we are by nature ) not only that any should bee so loose as to enter that course , but also that any should so much as cōceiue , that such kinde of speeches should be likely to yeeld any such ground , as whereon a man that were willing so to do , might bee bold to build , and to make no doubt but that he had his warrant with him . We know wel enough ( and in many other things strongly hold it against the adherents of the Church of Rome ) that we may do nothing at all but only that , for which wee haue some vndoubted warrant in the written word : and yet notwithstanding ( I will not say that I wote not how it commeth to passe for that it is by our own bad inclination ) wee are so farre bewitched in this that finding great staggering in those that are the strōgest for it , & most forward in defence thereof , we neverthelesse conceiue , that therein we haue warrant enough . So easie a thing it is to bend those , that so handsomly crooke to such purpose already : & , in the freedome we haue in Christ so quickly to take holde , of an vnseasonable liberty of the flesh . But here we must take heed we forget not that is yet we doe not consider what it is that they bring but only , that whatsoever it be yet because thē selues are no better resolved , therefore may no body be so bold as to build vpō them . We wil not yet deny , but that , for ought wee see yet , the truth indeed may bee as they cōceiue : but if themselues bee no better resolved , then though they haue the truth therein , yet because it is more then themselues doe knowe of , even that onely is enough for the time to stay vs , vntill wee see farther . 9 That other part of that which themselues doe set downe for this matter , doth chiefly respect those places aforesaide , which they vse to bring in for that opinion of theirs : and partly the first foure places of them ; but then especially , the other two . For seeing themselues doe rest but little in the first foure of thē , but yet very much in the other two we also may briefly dispatch those others , and follow them only in those wherein themselues do thinke that they haue their chiefest strength . Those therfore that belong to the first foure of them , are no more but these two : one , cōcerning the nature of those places thēselues ; the other , as touching the gathering of them . Cōcerning the nature of those places thēselues , it is no more but this , that , to see to , they do make much more against them ( for that they note such kinde of divorce with so great reproach ) than any way els they can make for them ; take them to the best advantage they can . As touching the other , that is , how these doe gather vpon thē , it is no more but this , that from those places it is , that they gather some part of their weake cōclusions , as elswhere in a fitter place is declared : which also is , for any thing that yet I haue found , the only benefit that to that opinion of theirs , they seeke to draw from these foure places . Those that belōg to the latter two only , are much like to the others : one of them , in like sort concerning the nature of those places themselues ; the other , not how weakely they gather on these , but how cleane they doe mistake them . The nature of those places is such , as that although the text therein were such as they conceaue , yet even then also do they make but little for any divorce : the iudgement of the better sort of the learned being thereon , that neither Moses before , nor Malachie after , did simply allow it vnto thē but only in respect , or to some purpose , namely , to avoid some further evill . But now , if they doe mistake them withall , so that the Text ( being better considered ) can neuer be foūd to yeeld any such sense , as hetherto they haue conceiued , nor any thing at all for the opinion that they haue taken , then must their case be so much the harder , or rather their credit , on this behalfe , so very much sunke , as that their whole iudgement therein , may well bee called in question for it . 10. This mistaking of theirs therefore being a matter of so speciall importance , it shall be good more specially to consider , first , whether they doe mistake them , or not ; then , if it fall out that so they doe , what we are to gather thereon , concerning the matter wee haue in hande . That they doe mistake them indeed , will soone appeare , if first we marke how they doe take them : and then examine that their taking of them , with such things as may be able to shew vs the truth therein . How they doe take them will best appeare by their owne speeches of that matter . First therefore to begin with Erasmus , that was so forward therein , it shal be good to marke how he mistooke it , not only when first he gaue forth his iudgement therein : but also , when afterward hee was so impugned for it , that thereby he might haue taken iust occasion to haue looked better vnto it . When first hee gaue forth his iudgement of it , Divortium , saith hee , ipfa lex palam indulget : that is , The law doth plainely allow of divorce . Againe , Lex permittat mari●is qualibet ex causa repudiare , modo dent libellum repudii : that is , That the law suffereth husbands for every cause to put away their wiues , so that they giue them a bil of divorcement . Againe , Viro permittit ▪ ob causam quamlibet , mutare vxorem . that is , He alloweth or suffereth the husband , to exchange his wife , for whatsoever cause he will. The same hee hath in so many other places besides ( or at least the effect thereof ) that it is evidēt , that it was not a slip in him against his own knowledge or wil : but his owne very iudgement , as he did then think that the Text it selfe would beare . As this one place more will sufficiently declare , wherein hee doth not only affirme it , as before , but also doth further reason vpon it . At mihi , saith he , non fit verisimile peccaturum fuisse Iudaeum si vxorem egregie soe leratam abiecisset , & alteram duxisset domum : quum id lex palam concederet , nihil addens , hoc datum duritiei cordis , praesertim cum ex sensu naturae , non posset fieri , quod nos interpretamur . Et si concessum est duritiei cordis , utique licet , quod concedit Deus : praesertim si nullo signo declaret eos peecare , qui permisso vtātur . that is , But it should not seeme likely to me that a Iew should sinne , who had cast away his wife being a very wicked woman , and married another , when as the law did plainely graunt it , not adding therevnto , that that was granted but for the hardnesse of their harts , especially when as , by naturall sense , that cannot be knowne , that we gather of it ( meaning , as I take it , that it was graunted but for the hardnesse of their hearts , which wee Christians knowe by Christ , but they could not knowe by naturall reason . ) And if it bee graunted vnto the hardnesse of their harts , yet it is lawfull that God hath graunted : at least , if by no signe he declare , that those doe offend which vse the libertie graunted vnto them . By these wee may see , that Erasmus , when he wrote that Treatice of his for divorce for adultery and marrying againe , did plainly take it , that Moses in that place of Deuteronomie , had expresly or in plaine words allowed husbands to put away their wiues from them vpon dislike , so that they gaue them bills of divorcement withall . When afterward hee was so impugned for it , that thereby hee might haue taken iust occasion to haue looked better vnto it , yet then also , I doe not finde that ever hee espyed his former error , but that still he continued in it . Of those that did reproue him for it , we finde that he doth complaine of divers , and defendeth his doings against them so well as he can , as against Natalis Bedda , and another whome he doth not name , but he giueth a by-name vnto him , as him selfe thinketh good . Among all which ( for no doubt there were many more besides those ) it shall not bee amisse to consider somewhat more specially of his dealing about that matter , with one of thē , who may serue as a patterne thereof with the rest : as also I make choice of him rather then of any other , for that he was our owne Countrimā , and by Erasmus but vnthankfully vsed . It was one Master Edward Lee , at that time soiourning at Lovain for learning sake , and of so good towardnesse therein , that Erasmus himselfe when he came thither , sought his acquaintance , and imparted vnto him , that hauing set forth his annotations of the new Testament before , he was purposed now to set them forth againe , he craued his helpe to note vnto him whatsoever hee thought might bee amended . Which while M. Le did , and ( as those daies were ) in very good maner ( as it seemeth by his owne defense , in his Apologie in the front of his Booke , in divers of his Censures on Erasmus Annotations , and in his answere to a couple of Erasmus Epistles in the ende ) Erasmus shewed himselfe to bee so netled therewith , that even that only doth much insinuate , that himselfe did now see , that in some things he had lost the advantage . Else would he never so much haue sought to shake him of with contempt as he did , charging him , that nondum vllum in professione Theologica gradum adeptus est , nec aliud quam artium liberalium septem professor , that is , that as yet he had taken no degree at all in Divinity , but only was a professor of the seaven liberall Sciences , or as wee comonly say , a Master of Art. As shortly after he giueth this frump withall , that whereas M. Lee had said , that he had left the study of those liberall Sciences , and had bid them farwell , eodem opinor tempore , saith he , quo dixit illis salve : that is even the selfe same time , I thinke , wherein first he bad them good-morrow : meaning thereby , that therein also he had profited nothing at all , as presently he saith more plainely ( if more plaine may bee ) that in those things that he had written against him , there was nullum vestigium honestae disciplina , that is , not so much as any one token of good learning in him : cleane contrary to that which every one may see , that shall read M. Lees writings against him . M. Lee himselfe doth also charge him with much other base dealing besides in that quarrel , and such as did not become the order it selfe , whereof they were both alike partakers . Vt caetera , saith he , omittam , quae non tam contemptim haberi oportuit , vel hujus Sacerdotii ratio fuerat habenda tibi , quo ne me Christū Domini , ipse etiā Domini , tam sordidè foedares . that is , Omitting other considerations , in respect whereof you should not haue had me in so deepe cōtempt , you ought to haue made some better accompt even on the order of Priesthood ( only , though there were nothing els besides ) than that you being annointed of the Lorde your selfe , should so fowly bewray me an ( other such like ) Annointed of the Lord likewise . But for the quarrel that was betwixt them , I meddle not with it : but leaue them both to their best advantage therein . Only thus much I gather , that whereas Mr Le was of such towardnes then , that Erasmus himselfe desired his acquaintance for his learning sake , and his special helpe therein , and not many yeares after became Archbishop of Yorke besides , it seemeth to me , that some where or other ( and as likely in this as in any where els ) Erasmus did leese some speciall advantage to Master Le , and so had he found in this I perceiue if Master Le had taken the advantage of it , and had called his adversarie vnto the Originall . But Erasmus himselfe also being thus provoked , and much more thā so , yet he neither maketh his recourse vnto the Original : which notwithstanding in this case had beene much better , than so to labour the disgrace of those , that so wel had occasioned him to take that course . And nowe not to trouble the Reader with the like sentences of others ( which notwithstanding I thought to haue done , & had provided them accordingly ) least so I might haue growne tedious therein , I will no more but note whō I haue noted besides so to haue missed , & the places where those misses of theirs are to bee found : namely Musculus , on the fift of Matthew , pag. 111. Peter Martyr , in divers places , on the 1. Cor. 7. 7. and , as it is placed in his Common Places Sect. 52. and 66. pag. 301 , 3 , 5 , & 6. Calvine , in his Com : on the Harm . of the Gospels , on Mat. 5.31 . and 19 , 7. Gualter , on Marke 10 , & Malachie the 2. fol. 399.8 . Chemnicius in his second part of the Exam : of the coūcel of Trent . Sess. 8. Can. 7. pag. 286 , 8. Beza , in divers places of his Booke de repudijs & divortijs , among his Opusc. vol. 2. pag. 113 , 15 , & 17. And last of all Steph. Szegedinus in his Tables of Common places . pag. 348.49 . For that of Malachie , I haue not noted that Erasmus hath medled with it , but Musculus , Peter Martyr , Calvin and Gualter in the places before recited , and all others generally that are for divorce & marrying againe ( so many of them as yet are extant that I haue seene ) doe even so take it , after one and the selfe same manner . 11 That in such sort taking those Texts , they doe ( it may wel be , and is most likely ) cleane mistake them , it will best appeare by the several consideratiō of either of thē : first , that of Deuteronomy ; then , that other of Malachie also . For that of Deuteronomie , first we haue certaine probabilities , that it was never intended there , to giue any licence of such Divorce : then also ( as I doe take it ) much other good proofe besides . Those probabilities that we haue , are some of them , out of the Text it selfe : and one besides , out of the practice of the godlier sort amōg them . Those that we haue out of the Text , are two : one , out of that place of Deuteronomie ; the other , out of the fift of Numbers . In that place of Deuteronomie we plainely see , a kinde of punishment to be cast on him that so had put away his wife , namely , that if shee had marryed another , hee then should never haue her againe : and , to be givē in , in reason thereof , that thereby shee is defiled ; and that her defiling , in the iudgement of some , laid vnto his charge also . If thē the selfe same Text doe not only something punish him for it , but also charge him with defiling of his wife besids , evē only by that putting of her away at the first , it is most likely , that no such thing is in that place allowed . That other out of the first of Numbers , is that lawe of Iealousie , which ( being an harder course than this , and a great deale more busie ; and a peculiar remedie ordained when a man hath his wife in suspition of adulterie , or when as it was so indeed , but without any witnes ; and not allowing the man to go any farther , but to hold himselfe cōtent , if she , in such sort as there is set downe , should make her purgation ) doth every way , me thinke , insinuate , that then there was no so easie a way as this , for a man ( for lighter matters ) to be rid of his wife when he would , and the same to stand good by the word of God. That which wee haue out of the practice of the better sort among them , is that same which the learned haue noted ( as before I haue partly touched ) that in al the Scripture we never read of anie of the better sort , that ever vsed the helpe of divorce : which notwithstāding , it is most likely , that many would haue done , if they had taken it , to haue beene so plainely , by God himselfe , permitted vnto them . That other good proofe that we haue besides , is the Originall or Hebrew Text and that by the iudgement of divers learned ; & some of those that were for this Divorce and marrying againe , but since haue amended the mistaking that they had of the Text. The proofe that we haue in the Original or Hebrew Text , and that by the iudgement of divers learned , is , that now it is foūd to be otherwise in the Hebrew , thā our Trāslators , either old or new ( a few excepted ) of long haue borne vs in hand that it was : namely , that it is not , he shall write a bill of divorcement , or , let him write a bill of divorcement ; but only , that he putteth the case if so a man should doe , and not that it alloweth the same . And the learned that now haue mended this oversight of old that long hath stood as currant among vs , are these . First , to my knowledge Franciscus Vatablus the professor of the Hebrew tongue at Paris , and after him Benedictus Arias Montanus a Spaniard , that had the chiefe oversight of the setting forth of that great Bible at the charges of the King of Spaine , and last of all Immanuel Tremellius , and Franciscus Iunius together . All which in their Translations haue very plainely amended the same : & declared withall , that in that place there is no mention at all , of any divorce allowed vnto them , if recourse bee had to the Hebrew it selfe . Those that were for divorce & marrying againe , and that first hauing erred in this Text that now we speake of haue since amended the same againe , are two , and those of speciall account among vs , as of good right they ought to be : M. Calvine , the one ; and M. Beza likewise the other . As touching the former of them , whereas , setting forth his Commentaries on the Harmonie of the Gospels in the yeare 1555. he then was of opinion ( as before I haue noted , and is there to be seene of any ) that Moses had commanded , a Bill of divorce should in such case bee giuen to the wife : afterward , hauing further occasion to looke better vnto it , by gathering foure of the Bookes of Moses into an Harmonie also , which accordingly he did , and published it about eight yeares after , in the yeare 1563. he did then amend his former reading of the Text it selfe , and in his Commentarie therevpon did set downe his iudgemēt accordingly also . As , among other things of that nature , he cōmeth in with these words following . Quidam interpretes non legunt hos tres versus vno contextu , sed plenam sententiam esse volunt , vt maritus testetur se divortium facere cum vxore , non ob crimen , sed quid formae venustas eius libidini , non satisfaciat . Si quis tamen propiùs attendat , facile videbit , vnum esse duncaxat Legis caput , nempe , vbi quis vxorem repudiaverit , fas nō esse iterum eam ducere si alteri nupserit . that is , Certaine interpreters ( among whome himselfe was one , a few yeares before ) do not read these three verses ( there be foure in all , & so doth himselfe ioine thē ) in one period : but will haue one full sentence to bee , that the husband testifie , that he doth not divorce his wife for any crime , but because her beauty or favour did not content him . But if any do better mark it , hee shall plainely see that the law that there is set down , hath but one braunch only , which is , that whē any hath once put away his wife , it should not be lawful for him to take her againe , if in the meane season shee had married another ( albeit the other were now dead , or had put her away likewise . ) Where also it is to be noted , that now he accounted it to bee verie plaine , for that hee saith , that a man that heedeth it , may plainely perceiue it ; and that so he insinuateth , that it was but want of heede taking that therein deceived many before , as yet also it doth , where it is not the better heeded . Yet divers then began to espie it , and in Vatablus his Bible of 1557. it was plainely noted , aboue fiue years , before that M. Calvine published this that now wee speake of . Master Beza , for any thing that yet I haue found , is not so plaine herein , as is M. Calvine , yet hath he enough of this also , to content any reasonable man. For whereas in that Treatice of his , De repudiis & divortiis , which he published 1573. he sheweth himselfe divers times so to haue mistaken that place , as others before were wont to doe , and that so strongly , that out of the same hee reasoneth also , that it could not bee that a man was bound to forgiue his adulterous wife ( by that example of God obiected out of ●he 3. Chapter of Ieremie , and the first verse of it ) for that then it should follow , illos peccasse quilegem illam Mosis servarunt , cuius ibi facit mentionem Ieremias , quod absurdum est dicere , quum eam è contrario servari oportuerit : that is , that they should sinne which did not obserue that law of Moses , whereof mention is made Ier. 3.1 . which were absurd to say , when as , on the otherside , it was to bee obserued . ( which whence it cometh , was apparant enough , if it be tried by the rule which M. Calvine before set down ; and then so much the rather to bee condemned thereby , as we may plainely see , by the consideration of the time , that that wonted oversight of mistaking that place was espied , & noted so neere vnto him , sixteene yeares before that he did publish this booke of his : ) yet afterward ( whē Benedictus Arias Montanus also had publikely noted that wonted oversight againe , two yeares before ) hee , in the yeare 1577 , in that booke of his which is intituled Lex Dei moralis , caeremonialis , politica , so setteth downe the Text it selfe , as Vatablus , and Arias had done before , and Tremellius and Iunius since ( and according as the Hebrew it selfe is ) saving that he maketh a full period at the ende of the first sentence , whereas there is none indeed , nor ought to be , till the ende of the fourth , which might easily bee the fault of his Printer . And so , by his owne reading now , it is no absurd thinge to say , that those of the Iewes sinned which then did put away their wiues ; neither was that law so to be kept , neither did Ieremie make mention of any such law of Moses , neither did Moses ever make it . Thē the which , I thinke we neede no more for this matter . But if we doe , then himselfe also , even in that his Booke de repudiis & divortiis doth acknowledge withall , that eiusmodi divortia etsi lege civili tolerabantur , tamen in foro conscientiae nunquam licuerunt . that is , that such divorces , although they were tolerated by the Civill Law , yet in court of conscience they were never lawfull . Where we may note , that although it bee restrained only to such divorces ; yet now he graunteth , that which he accounted the law of God before , is of no force in the court of conscience : a matter sufficient , being well considered , mainely to crosse the force of the other . 12 Concerning that other of Malachie , we haue not so much for it , in respect of the words or letter of it : but yet somewhat more , if we goe to the meaning , as there it is applied against the people then . For as touching the words or letter of it , neither Vatablus , nor Arias Montanus did for this matter swarne from the wonted reading : but then we haue , both the judgement of the Septuagint of old , and Tremellius & Iunius of late that doe . The Septuagint read thus ( as Ierome himselfe doth set downe ; ) Si odio habens dimiseris eam , dicit Dominus Deus Israel , operiet impietas cogitationes tuas , dicit Dominus omnipotens . that is , If hating ( her ) thou shalt put her away , saith the Lord God of Israel : impiety shall cover thy thoughts , saith the Lord Almighty . By which reading of theirs wee may plainely see , that they giue not liberty vnto him that hateth his wife to put her away : but plainely shew , that the Lord misliketh it , if so he doe . But Tremellius and Iunius doe plainely alter the reading also , referring the hating that there is spoken of , vnto the Lord , that he doth hate al such putting away of their wiues . For whereas the common and wonted reading of the place is , If thou hatest her put her away saith the Lord God of Israel : their reading now is , Sibi odio esse dimissionem ait Iehova Deus Israelis . that is , That the Lord God of Israel saith , that he hateth such putting away . As touching the sense or meaning of this place notwithstanding the reading stand as it was wont , Siodio habeas dimitte &c , First Mr Calvine saith thereon , Hic rursus Prophet a exaggerat crimen illud , quod pro nihilo ducebāt Sacerdotes , dicit enim gravius eos peccare quàm si vxores repudiarent . Scimus tamen repudium nunquam fuisse permissum divinitus , proprie loquendo , nam etsi fuit impunitas sub Lege , non tamen fuit permissic that is , Here againe doth the Prophet exaggerate that crime , that the Priests did make so little account of , for he saith that they sinne more grevously , then if they had put their wiues away . But divorce we knowe was never permitted of God , if we speake properly . For although there was no punishment for it vnder the law : yet was it never permitted . And after againe , Haec igitur ratio est cur Propheta nunc dicat , Si odio habeas dimitte : non quod veniam concedat repudio , quēadmodum diximus : sed vt hac circumstantia crimen augeat . that is , This therefore is the reason why the Prophet doth now say , If thou hate ( her ) put her away ; not that he giueth them leaue to divorce , as before we said ; but that by this circūstance hee sheweth the fault to bee so much the greater . Which also is the iudgement of others . So in the former of these two places we finde , not only the Hebrew it selfe and divers of the learned ( of speciall account ) to shew that the place was cleane mistaken before : but also , some of the chiefe of those that are for divorce and marrying againe , in effect to acknowledge their former oversight therein . In the latter we haue , both those seaventie Interpreters of old ; & two of speciall account of late , to shew the very letter therein also to be mistaken : and , though it doe stand after the wonted manner of mistaking ; yet that the sense is such , as in no wise alloweth them so to doe , as the words doe seeme to leaue vnto them . 13 What we are to gather thereon , concerning the matter that we haue in hand , is now to be seene : a matter that may be in few words sufficiētly opened ; but yet notwithstanding so much the meeter to haue a distinct place by it selfe , as it is good that it should appeare how farre it stretcheth , or what bounds they are we prescribe vnto it . For otherwise it might arise in the conceit of some to thinke , that my meaning is , out of the credite or learning of these that I haue brought in , to shew how farre tho●e that are for divorce and marrying againe , haue mistaken these places aforesaid , to conclude that those places must needs be so as these others haue now translated them ; or at least , that their opiniō therein is the likelier of the two : and therefore that those that otherwise tooke them , were therein without question deceived ; or at least , of the two , most likeliest to be . And the truth is , that my selfe am so persuaded , as I haue already declared : & haue no doubt , but that therein I am not wrong . But yet that is not the thing that now herevpō I mean to infer , because I haue no need at all so far to vrge either their credite or learning therein . My purpose therefore is no more but this : to shew that such as think they haue warrāt enough in the word of god to put away their wiues for adultery & to marry againe , for that so many of the learned ( & of the reformed Churches , as some do like rather to say , though in this there be no reformation at al ) are of the same iudgement likewise ; may neverthelesse finde hereby , that their warrant is not so sure , as they before had thought that it was . Vnto which ( so lōg as we go no father thē so ) we haue no need so farre to vrge them ; but may wel enough content our selues with this , that those places are not so taken by all , but that there is , among the learned themselues , a manifest diversitie of iudgment therein : leaving the deciding , or the over-ruling of the question it selfe , to fall out vnto those that shal haue the better part in it ; and the desire of it , to those likewise that shal need it more than we . It is enough for vs , vnto the purpose that now we haue in hād , to be able to shew , that divers of the learned ( and those of good accoūt likewise ) do not allow such help vnto them , as out of those places they thought that they had . Now , whether those that do allow it , or those that now withdraw it frō them , are the righter , or neerer vnto the truth therein , that wil we not sticke to refer to a farther time to be farther decided ( if neede be ) among the learned themselues ▪ vrging it no farther at this present , but that it is not to be accoūted an vndoubted truth , or a point out of question , that any liberty was at any time given , by the law of God , so easily to put away their wiues , as those places imported , as hitherto for the most part they were delivered vnto vs. For so wil it plainely enough fal out , that whereas the most of our learned that are for this kinde of divorce and marrying againe , doe much the rather , as I doe take it , incline therevnto vpon supposal that Moses first , & Malachie after , had allowed it for lesser causes vnto the Iewes ( so inferring , that then those words of Christ , that are of that matter , might wel inough be takē , as if Christs meaning therein had beene , that for adultery himselfe also did allow it vnto vs : ) now finding , that it is not certaine , that any such liberty , was at any time ; by any word of God granted to any , it is not vnlikely , but that themselues will be better advised of it , and rather search out some other meaning of those words of Christ , than to make him ( as els they must be faine to do ; and as after I trust to make it more plainely to appeare ) both the first and the last in all Scripture , that ever allowed any divorce and marrying againe , and the only man of al the Prophets that went before , & of al the Apostles that followed after , vpon whō not only that marrying againe , but even divorce it selfe must stande ; especially , when as they know , and readily grant , that he came to vphold al the whole righteousnesse of the law of God , and to loose none ( though never so little ) to any one iot of fleshly liberty whatsoever . 14 As touching those other places of theirs , namely , such as are for marrying againe ( wherein consisteth al the residue of the strength that they haue , for this conceived opinion of theirs ) they also are only two ▪ both of them in the New Testament , and the words of Christ himselfe : & neverthelesse such , as when they are wel examined , I beleeue wil helpe them but little neither . Which that wee may the more orderly finde , I hold it best , first to see what considerations we haue , that may induce vs to that perswasion then , to examine the places themselues , for the true sense and meaning of thē . Those considerations that now I speake of which may wel induce vs so to think , that in these also they haue no sufficient groundworke of that their opiniō , are especially two : one , takēout of the iudgemēt of others therein ; another , arising out of that which themselues haue set downe for that matter . That which is taken out of the iudgment of others , is , that same that by other occasion before I touched , that the most part of men are against them herein : and yet haue those places as wel as they , and are as careful to leaue them vntouched ( even at the ful ) vnto the sense that they ought to haue . Who being as they are , both equall in learning ( for anie thing that yet we know to the contrary ) and more in nūber without comparison , may easilie induce those that stande indifferent ( so long as the others bring not better proofes to the contrary ) to doubt lesse danger in abiding with them , vnto that resolution that being tried by long experience , is much more likely to be lesse faulty : than , so quickly to turne vnto others , to the imbracing of a latter iudgment , so lately ( to speake of ) sprung vp among vs , and so newly broached vnto vs. By which kinde of reasoning albeit no certaintie bee to be concluded : yet neither may the probability be wel neglected . A certaintie cannot be thereon concluded , because neither as yet is it to be taken as proved by vs , or granted by them ( for some there are , that so much as they may , do leane to the contrary ) that they haue the greater number against thē : neither , if they had , were that any certaine proofe that they were wrōg . Yet , on the other side , the probabilitie ( for both ) being so faire as it is , it leaveth so good a coniecture thereby , that such as take the contrary course , may finde themselues to be excluded frō all good hope that they are right : at least , that it is not a thing out of question . 15 That consideratiō that ariseth out of that which themselues haue set downe , is no more but this , that even their owne manner of handling this matter is such , as that divers defects appeare therein , both in weake reasoning : and in divers inconvenient speeches besides . As touching both which , before we come to exemplifie or to shewe wherein they do it , it shal not be amisse ( especially to put away such evil surmises , as otherwise might arise hereon ) more distinctly ( yet briefly ) to set it down , both how farre we may charge them with those defects : and how far we may thereby iustly conclude against them . As touching the former , we are not so farre to charge them , as though ( vpon the principles that they conceiue ) they had no arguments to be regarded , or that orderly did conclude ; nor that inconvenient speeches with them are so rife , as that therein only there is sufficient cause to cōdemne the matter it selfe : but that they do often vse such , as are no good arguments indeed ; and that divers times they haue inconvenient speeches likewise . But yet by their patience ( now to take in the latter withal ) they haue both these so much and so often , that thereby they may iustly breed suspition in others ( even in as many as read with iudgment , & stand indifferent ) that they are somewhat partial therein , & are carried not a little with some private affection whatsoever : that in vsing so often so weake collections , they doe plainly insinuate , their store of stronger was not so great ; and that in adding such inconvenient speeches withall , others might iustly doubt , that then they were so far out of temper , as that they might overshoote themselues , even in that also that is in question . 16 Wherein these defects of theirs appeare , is now to be seene : and first how weaklie oft times they reason ; then , what incōvenient speeches they haue besides . Those reasons of theirs that now I speake of , doe most of them depend either on the things herevnto appertaining : or , on the authoritie or testimonie of others concerning the same . The things herevnto appertaining , are either the selfesame that are in question : or else certaine others , of such a kinde , or so neere vnto them , that from them they draw certaine reasons to these likewise . Of the selfe same that are in question , there are two sorts : one , that is of the substance of them ; others , that are but accidentarie therevnto . That which is of the substance of them , is the nature both of adultery , & wedlock it selfe in this respect . Out of the consideration of which because they doe so vsually reason , therefore it shall bee good for vs to note , both what reasons they are , and of what force wee may take them to be . The reasons that thereon they bring are such as bind all vpon this , that the nature of Adulterie is such , as that it doth quite dissolue whatsoever band there was in marriage before : and that that was the cause , why Christ made his exception only of it . And so they reason , not only to take away an obiection that otherwise would bee strong against them : but also to expresse their owne opinion or iudgement therein . The obiection that otherwise would bee strong against them is that coniunction that God had put betwixt man and wife : wherevpon it is inferred by Christ , Quod Deus conianxit homo ne separet ; that is , that which God hath coupled , let not man put asunder . For answer wherevnto , Erasmus first saith , that nullo negotio solvi potest . Hoc Deus coniunxit , quod rite coniungitur : hoc Deus dirimit , quod rite dirimitur . that is , That doubt , saith he , may easily be loosed . For that , saith hee , did God ioine together , which was rightly ioined : and that doth God himselfe put asunder , which is well put asunder . And Musculus after , following the same , answereth , that illi non rumpunt coniugii vinculum ; but that the adulteresse sua persidia iam ante adulterando ruperit : that is , that they , ( who in such case put away their wiues , ) doe not breake the band of marriage ; but that the adultresse by her disloialty in committing adultery brake it before . To expresse their owne opinion or iudgement therein , both these and others , doe otherwise set downe that same for the truth of their doctrine for that point , For first Erasmus saith ; ( Divortium ) Christus astringit ad vnam adulterii causam , non quoòd non sint alia flagitia adulterio sceleratiora : sed quòd adulterium tota ratione pugnet cum coniugio . Matrimonium è duobus vnum facit : eam copulam dissecat adulteriū . Musculus likewise , being to shew for what cause marriage may be dissolued , saith , Vna causa est quam Deus ponit dicendo , Nisi causa stupri . Nam hoc crimine conjugalis fides dissoluitur . Againe , Excipit causam stupri , significans tū licere &c. Quia , quod Deus conjunxerat , per adulterium dividit , mariti fidem obnoxiam sibi iam amplius non habet , &c. Nam nemo alterius improbitate , ius suum quod à Deo habet , &c. amittere debet . Againe , speaking of an adulterous wife Marito amplius non viuit , sedei cui perfida & adultera adheret . Mr Calvine likewise , Meritò abijcitur mulier , que perfidè coniugium violauit : quia eius culpa , abrupto vinculo , libertas viro parta est . Againe , additur tamen exceptio , quia mulier scortando se quasi putridum membrum à viro rescindens , eum liberat . Gualter also , being of the same minde maketh his reason to be , for that the adulteresse coniugii vinculum perfidè dissolvit , or otherwise seeth not , but that adulteris & scortatoribus coniugii dignitas patrocinabitur , quod Deus vt istis vterentur , instituit . Last of all , Beza answering an argument , that so it might come to passe , that one man should at once haue more wiues : Respondeo , saith he , in hoc argumento esse petitionem principii . Praesupponit enim id ipsum , de quo quaeritur : manere nempe vinculum matrimonij etiam post divortium . Concedo igitur vni viro non licere plures vxores habere : sed addo , vxorem esse des●sse , quae propter adulterium se à viro separavit . And anon after , Coniugii vinculum abrupit , quisquis factus est scortationis membrum . And after that , Concludo igitur , adulterio abrumpi non tantum vsum , sed vinculum : quod nisi voluntate innocentis rursum coalescit , integram esse eidem innocenti , si continere nō potest , novas nuptias inire . &c. And lastly , Convictus adulterii , maritus esse desinit . The effect of all which , concerning the matter that now we speake of , is no more but this , that ( in the iudgement of all these ) by the adultery of either of the parties , the bond of matrimonie that was betwixt them , is now dissolued , and broken againe . Which if now we may a little examine ( notwithstanding that so great men haue so resolutely overruled the same already ) it seemeth much rather vnto me , that the band of marriage is of that nature , that it is not in the power of either of the parties , nor of both together so to breake it , that now it bee to stand as altogether brokē betwixt them . For there are , if we mark , two sorts of bands wherewith they are bound the one to the other : one sort , that concerneth those parties themselues , that so doe ioine themselues together ; the other , that concerneth certaine others , that ioine with them in that action likewise . Those that concerne the parties themselues , are two : one , of the husband ; the other , of the wife . For though they both doe concurre in time , so neere as may bee : yet , both some little difference there is , such as it is ( the one going a little before , and the other following somewhat after ) and well they may bee severally considered , as distinct things in themselues ; as when ships doe grapple together , and not by the grapple of either of them , but when each of them doe fasten their grapple on other . Those others that ioine with thē therein , are , God himselfe , and his vicegerents on earth among vs : both which doe ioine in that action with them ; and , when first they haue so tied them ( and that , with a several band for either ) then doe they tie them also with other bands besides , even with one severall band for either of them . And so commeth it to passe , that every party that is marryed , is , by the vertue of that marriage , bound fast to the other in foure severall bands : one of his owne ; the second , of his yokefellow ; the third of the magistrate , or of the Government vnder which they liue ; and the last , of God , or of his holy ordinance . Wherevpon me thinketh that whatsoever it is , that may bee thought to bee of force to dissolue the band of matrimonie , had need to be such , as wherein the whole interest of all these parties , and of every of them , is to concur in full , and lawfull consent : or else , whatsoever is , or can be done , by either of those inferior parties , neither is it , neither cā it be of such force as to dissolue the whole band , which was knit not only by themselues ( and by either of them , for their part severally ) but also by others that are their superiors , and whose leaue first they must haue . Or otherwise , that it were in effect no better , but as if one should reason affirmatiuely from the part to the whole : that seeing one of the bands is by one party broken ( and but so far neither as that party may ) therefore the whole band is broken betwixt thē , and now as loose as ever they were . Which how vitious it is , we may ( as I take it ) much better perceiue in some other such like , wherein we are not as yet by preiudice so forestalled , nor our affections so blinded neither : in that band that is betwixt the Master & the servāt . For though the servant doe behaue himselfe as il as may be , and directly against the nature of his service , either generally or specially in that which more properly is cōmitted vnto him ; and whereby himselfe hath so far deserved vtterly to bee cast off : yet , if either the Master haue absolutely takē him into his service , and to doe for him without exception , & not only for better , but also for worse , and much rather if God doe require , that as yet he cast him not off , or if but the lawes doe not allow him so to doe , in all these cases we may see some bond of duty , so farre as yet remaining and standing in force betwixt them , as that it were hard for any to iustify , that after such a lewd part of the servāt , now there were at all no band of that duty remaining betwixt them . And the lesse there is to be said against it , but that in such sort a man might so reason against divers coniunctions besides ( as of that which is betwixt Parents and children , and of that likewise that standeth betwixt the Prince and the Subiect ) the more heed should bee taken , that no such gap should be opened to any , as wherby the looser sort , whē they should get their desire in this , should cast about to obtaine the like in other things also of greater consequence . In which respect I do so much the more marvell that Mr Calvine , so iudicious a man as he was , & being in so good a way vnto this consideration , as that time also he was , when he did set downe that iudgement of his , as before is declared : yet notwithstanding did not take the advantage or benefitof either of them , so as herein hee easily might . For in that place before recited , his words that goe immediatly before , are these : Sanctius est cōiugij vinculum , quā vt hominū arbitrio vel potiùs libidine solvatur . Tamet si enim mutuo consensu sese conjungūt vir & vxor , Deus tamen nodo indissolabili eos astringit , ne postea liberum sit discedere . Additur tamen exceptio , Nisi obfornicationem . Merito enim abijcitur mulier , &c : that is , The bond of wedlocke is a thing more holy , thē that it may bee dissolved when men themselues wil , or rather when their lust doth moue them vnto it . For although man and wife doe ioine themselues together with mutual consent : yet doth God ( farther ) tie them togither with a knot that cannot be loosed , that afterward they haue no liberty to part in sunder againe . And hitherto wel : but then he addeth , yet , saith he , an exception is added , Vnlesse it be for fornicatiō . For the woman is iustly cast óf who disloialy hath broken wedlocke , and so forth , as before . Wherein we see that he noted two distinct bonds in the parties thēselues by mutuall consent , or that the man had bound himselfe to his wife , and the wife likewise to the man ; then also , that God ( aboue them both ) had likewise ioined them togither never to part : and yet notwithstanding in the end he alloweth the bond to be ( wholy ) broken by one party onlie , following therein the iudgement of others , and vpon perswasion , that such must be the meaning of those words of Christ , which afterward I trust to shew may rather haue some other meaning . Againe , put case that there were no band but one , even that alone wherewith the adulterous wife since , had before tied her selfe to her husband . Even in this case also me thinke it were harde for any to holde , that such lewdnes of hers , had altogether broken whatsoever band of mariage there was betwixt them : for that in such case it is so generally held by al , that whatsoever lāds the wife brought with her , they stil are the husbands , even by the vertue of that bond that was betwixt thē . Whereas otherwise when the bond is dissolved by death indeed , thē ( if he haue no farther interest ) he is to part with them likewise . So in such case the bond may in some sense bee accoūted to be broken indeed but rather , in respect of divers benefits that by her marriage shee might otherwise claime , than that the bond in it selfe should stand as brokē , vnto them both generally , or to set them as loose , or as free to marrie againe , as they were before . And so doth Erasmus himselfe afterward interpret one of those his speeches of that kinde . For whē he is reproved by Natalis Bedda for that he said , I am vxor esse desijt , quae se miscuit alteri viro , that is , Shee doth now cease to be a wife , that hath committed adultery with another , his answere is this , Agnoscebat vulgatissimum tropum Bedda , sed captabat ansam calumniandi . Sic filium esse negamus , qui degenerat à paternis moribus , qui meruit abdicari , & tamen manet naturae vinculum . Sic episcopum esse negamus , qui indignus est hoc nomine , & tamen manet consecratio . Sic Christianum esse negamus qui moribus est impijs , & tamen non tollitur baptismus . Ita mihi dicta est vxor esse desijsse , quae se fecisset indignam vxoris nomine : that is , Bedda himselfe woulde not haue denied , but that we vse so to speake , but hee desired to picke out some occasion of slaunder . So do we deny him to be a son , that doth degenerate from his fathers waies , who hath deserved to be cast of : and yet the bond of nature remaineth . So do we deny him to be a Bishop , who is vnworthie of that name : and yet his consecration abideth . So do we denie him to be a Christian , that is of a wicked behaviour : & yet is not his Baptisme abolished . In such sense did I saie that shee ceased now to be a wife , who ( by her own lewd demeanour ) had made her selfe vnworthie to be so taken . And therevpon bringing somewhat such like , both out of Chrysostome , and out of Ierome , he concludeth : ut igitur est vir non vir , vxor non vxor , ita est conjugium non conjugium : that is , As therefore a man is not a man , a wife not a wife , so is marriage no marriage . Which interpretatiō of his owne words though himselfe , by that occasion , did afterward so plainly giue , yet others that followed him ( with out any stop ) in that manner of speaking , did frame their iudgement also thereafter , and so gaue in their resolution , and not after this latter qualification of his : a thing , in my iudgement , vnto the purpose that now we are in , right worthy the marking . And thus for them all . One thing more in one of them there is , that needeth to bee warily taken , or else may easily breede a further error : namely , that Erasmus by those words of his , may seeme not to allow , the ioining together of man and wife , to be of God , but only whē it is orderly done . For out of it there might be a gap opened for men , to reason shrewdly for the dissoluing not only of marriage , and but for adultery : but also of all other societies , and subiections , almost ; and for lesse trespasses , and lighter indignities , then adultery also . So that , for this first argument of theirs , that , if here ether partie commit adultery , then is there no further any band of wedlocke standing betwixt them , I trust it appeareth , that it is not so cleere , but that as yet some question may be conceiued of it . 17 Those that are but accidētary therevnto , are partly some abuses going before : but especially , divers inconveniences following after . The abuses going before are such as are already touched among the former reasons : namely , whensoever marriages are , either one way or other , so disorderly made , as that thereby occasion is giuen of so deep discōtentmēt , that to require the band of wedlock thereon to be broken , may seeme to be a iust request . And disorderly may mariage be made , when as it is made betwixt such , as in whom there can be no sound election at all , as in children and fooles : or betwixt those , that , though they bee such as might soundly chuse , yet notwithstanding do so plainely bewray themselues to be carried away with ambition , covetousnesse , or inordinat lust , that thereby they make it cleere , that therein they follow no sound advise . In which cases , and in such like , it is very true , that great disorder is committed , and that the same is ri●e amongst vs. But yet if Erasmus , as before I noted , or any other would thereon conclude , that in reason some ready way should be had among vs for divorce and marrying againe , for the better amendment of those abuses , or that the Apostle himselfe were not vnlikely to beare with vs further therein , then now wee will allow that hee doth : this were no doubt but a weake collection , and in no wise to stand for any sound reason to vrge vs vnto it . The inconveniences that follow after , are most of them noted to be in the parties themselues that are so vnequally knit together : but one , that cōcerneth others also . Those that are noted to bee in the parties themselues , are of two sorts : some , that doe concerne them both indifferently ; others , that concerne but the innocent or faultlesse persō only . Those that doe concerne both , are all such evils , as vpon such marriages are wont to vex both the parties so ioined together , which indeed are many and greate . Of which Erasmus Videmus autem , saith he , tot hominum millia infoelici coniugio sibi cohaerere cum exitio vtriusque : qui fortasse disiuncti servari possent . that is , That we see many thousāds that cleaue together in their vnlucky wedlock to the destruction of them both : who , it may be , if they were sūdred againe , might so be saued . And therevpon he inferreth , that if it might be done citra iniuriam divini praecepti , that is , without any breach of Gods commandement , then were it at least to bee wished : and his reason is , because it is Apostolicae pietatis , omnium saluti quantum licet consulere , & infirmis etiam Ecclesiae membris sua cura succurrere . that is , appertaining vnto Apostolike piety , so much as may be to endeavour the salvation of all , and especially to be helping vnto the weake members of the Church . Those that cōcerne the innocent parties , are such as more specially haunt them . For whome it is , that elsewhere he reasoneth , that tales saepe existunt causae , vt crudele videatu● non succurrere periclitanti : that is , that oftimes there are so iust causes , that it may seeme to bee no lesse then plaine cruelty , not to helpe one that is in so manifest danger . Wherevnto the more to moue vs , he addeth , Christus nō gravatur ob vnam oviculam lustratis omnibus obambulare , quam humeris reducat : & nos gravabimur experiri , si qua multis pereuntibus succurri possit , praesertim quum Christus salutis sit author , & humanae leges non aliter valere debeant , nisi quatenus ad salutem conducunt hominum ? that is , Christ thinketh not much , for one sheepe only , to goe vp and downe , every where seeking , that hauing found it , he may bring it home againe , even on his shoulders ; and shall we thinke much to assay , whether any way we may be able to helpe those that are ready to perish : especially , when as Christ is the author of safety , and mens lawes should bee of no further force , but so far as they tend to the good of men ? And a little before , somewhat more plainely , Iam nemo poterit inficiari , saith hee , leges Christi multo aequissimas esse &c. Wherevpon he inferreth , An igitur aequum videtur vt maritus cum vxore flagitiis operta , quibus nec causam dedit , nec mederi possit , cogatur vivere , cum qua vivere non sit vivere : aut si divertat , compellatur omnem aetatem orbus , destitutus , ac velut eviratus degere ? that is , Now there is no body that can deny but that the lawes of Christ are most vpright &c. But then , may this be accoūted to stand with any equity or right , that the husbād should be compelled to liue with a woman that is so marvelous ill , when as he never gaue any iust cause of that her lewdnesse , neither ever was able to make her better , with whome to liue is to be accounted no life at all : or if he leaue her , that then hee should be compelled all his life long to liue out of hope of propagatiō , without his helpe , and as it were to be turned out even of his very manhood it selfe ? Beza likewise , if the woman after divers pardons doe yet offend againe , in such case quid iniquius , saith he , quam innocentis , quivratur netum quidem rationem habere ? that is , What is more vniust , then even thén also not to haue anie care of the innocent partie ? That inconvenience that cōcerneth others also , is in like sort noted by Beza : that if divorce for adulterie & mariage againe were so far restrained , it would make both harlots more bolde & ready to offend ; & those that had the wrong , quietly to put it vp , and not to seeke the punishment of it . Now , of what force these reasons are , may soone be espied of any that will a little marke them : both that which standeth vpon the abuses going before ; and those others that stand vpon the inconveniences that follow after . For as touching that which standeth vpon the abuses going before , as I haue noted so much already , that if so we should vse it , it would be but a weake reason to vrge any to be of that opinion : so in it selfe it is cleere indeed , that the abuses themselues were to bee amended , and by force of good lawes , or by good government to be taken away ; and that no such liberty is to bee graunted for redresse thereof , as may not stand by vndoubted warrāt of the word of God. So that , if they suppose this to be such which now they do vrge , thē though they do require no more then iustly they may generally ; yet therein they mis●e , that first they take such holde of this liberty , before they haue found it to be , by the word of God allowed vnto them . The like may be said of the first sort of inconveniences also , such as concerne both the parties indifferētly : and of the last likewise , which were such as concerned others withal . But for the middle fort , such as concerne the innocent parties ( which seeme to bee the strongest of all ) although it cannot be denied , but that their case is hard and much to be pittied withall : yet , as themselues do grāt that they cast no further to helpe them , then it may stand with the written worde ( and so are therein , but only so weake , as in the other ) so is it further to be cōsidered , that even those inconveniences of which they would so gladly ease the innocent parties , may be either so iust chasticements , or so needfull exercises for them , that we are not so much to cast , how to ease them therein ( by taking of that burthen from them ) as to incourage them , patiently to beare those crosses of theirs , and to teach them , that it is their duties so to do . So , for these reasons we are to suspēd our iudgements awhile , vntil we see these two things : first that such liberty ( of divorce for adultery , and marrying againe ) doth vndoubtedly stand with the word of God ; then , that those other inconveniences ( as they are called ) are no such things as of duty should be sustained . Otherwise it is very cleere , that these reasons also doe nothing hold . 18 Those other things that are of a kind , or so neere vnto these , as that out of them they draw certaine reasons for these likewise , are divers : some of them such , as from which they reason , as from the like ; and some others such againe , as from which they reason , as from the lesse vnto the greater . Those that are such , as from which they reason as from the like , are most of them taken out of the opinions or practise of men : but some of them also , out of the word of God it selfe . Of the former sort are those , whereof Erasmus bringeth reasonable good store : as namely , that the opinion of Iohannes Andreae is , matrimonium , antequam intercesserit copula , posse dirimi , non solum ob professionem vitae monasticae , verum etiam sola Romani ; pontificis authoritate : that is , that espousals , before the parties haue laine togither , may bee dissolved againe , not only for the professiō of the monastical life , but also , even by the authoritie of the Bishop of Rome alone , without any thing els . Againe , out of Hostiensis , Augustinus , and Pope Lion , quod lapsus in haeresim dirimat matrimonium , etiam consummatum : & ita dirimat , ut jus sit ei qui perstiterit in fide , alteri jungi : that is , that to fal into heresie , dissolveth matrimonie , even consummate also : and dissolveth it so cleane , that it is lawful for the party that abideth in the faith , to marrie an other . Thirdly , that Zacharias the Pope , dirimat matrimonium ob rem habitam cum sorore vxoris : that is , doth break of the bond of marriage , if the husband hath had to do with his wiues sister : and farther grāteth leaue to the wife , if she did not consent , to marrie againe . Lastly ( so farre as I thinke needful to alleadge at this present ) that Hostiensis making a question , an Ecclesia possit hodie statuere , ut altero fidelium prolapso in haeresim , possit alter conjugum transire ad nova vota , definit posse : that is , that setting the question , whether the Church may at this day take order , that if one of the parties that are married fal into heresie , then may the other marrie againe , hee resolveth , that the Church may so do . And then , having shewed by those and such like , what opinions there haue been , not vnlike ( as he taketh it ) in matters of marriage , to that which he moveth , he is bold to goe vnto others also that are farther of : as that the Apostles , to pacifie the Iewes , tooke order with the Gentiles , for certaine of those ceremonies to be observed of the Christiās in Antioche ; that the Bish : of Rome maketh other Bishops thā the Apostle alloweth of ; & that the Church hath of late ( to speak of ) determined of divers matters , that were left at more libertie before , as Transubstantiation , the proceeding of the holy Ghost from the Sonne also , the Conception of the blessed Virgin , and that the holy Ghost is of the same substance with the Father and the Sonne . Al which he alleageth to this ende , to shew that it is no new thing in the Church of God , as they see occasions to arise , so to take farther order in divers matters , than by those had been taken that were before them : and so would insinuate , that in that matter also they might do well to take such order as he cōmended , if so be that the word of God would beare it , as he was perswaded it would . Of the latter divers particulars are likewise alleaged , out of that same part of the Sermon of Christ in the Moūtaine ( wherein also we haue the first speech that Christ did vtter concerning this matter ) out of which both he , & some others besides , doe reason for the opinion they hold in the matter that now we speake of : both , of the liberty that our selues do take in other such like speeches of Christ ; and of the perfection of those things that Christ doth there cōmend vnto vs. Cōcerning the liberty that ourselues doe take in other such like speeches of Christ , he saith , that whereas he forbiddeth vs to sweare , to be angry , to reproach , to presume to come with our offering to God before that we are at one with our brother , to go to law , to requite displeasures , & to resist evill , and doth farther command vs to loue our enemies , to deserue wel of them that deserue ill of vs , and to pray for them that curse vs , first saith , quum eodem in loco plura doceat , quae purè germaneque Christianis digna sunt , cur in ceteris omnibus recipimus interpretationem , in uno divortio tam rigidi sumus , ut magis etiam astringamus verba Christi : that is , When as in the same place he teacheth many things which simply and plainly concerne the dutie of Christians , why do we in al things else admit of some interpretation , and yet are so crabbed in this one point of Divorce , that we do even farther restaine those words of Christ ? Concerning the perfection of those things that Christ doth there cōmend vnto vs , reasoning otherwise , on it than others do , he saith likewise , Christus haec locutus est , non turbis , sed discipulis , idque in monte , depingens purissimam illam sui corporis partem quam appellat regnum coelorum cui nullis sit opus legibꝰ : that is , Christ spake these things not to the multitude , but to his Disciples , & that in the moūt , painting forth that most pure part of his bodie which he calleth the kingdome of heaven , wherevnto there wil bee no need of lawes . And by & by after , Pone talem populum qualem Christus optat , nec repudio fuerit opus , nec jurejurādo . Quod si ob infirmos quos in tanto numero plurimos habet Etclesia , nemo vetatur legibus jus suum persequi ; nemo vetatur vim à capite repellere ; nemo vetatur jurare modò ob rem , & ne pejeret ; nemo cogitur bene mereri de male merentibus : cur vnum hoc de divortio promiscue exigimus ab omnibus ? That is , Admit such a people as Christ wisheth , and there shall bee no neede either of Divorce , or of swearing But if for the weake , whome the Church hath in so greate abundance , no body is forbidden to seeke his right by law ; no body is forbidden to defende himselfe from violence ; no body is forbiddē to sweare , so there be cause , and that he forsweare not ; no man is compelled to deserue wel of those that deserue ill of him : why do we exact this matter of divorce so generally of all ? Others there be , that because Christ taught such perfection there , do therevpō gather , that if a man put away his wife for adultery , and marrie another it may not in any wise be called in questiō , for that it is allowed there , where things of so great perfection are taught . Those that are as from the lesse vnto the greater , are such as these . Because that Chrysostome giveth in the reason why the Iew is suffered to put away his wife , ne invisam occidat , that is , least that vpon his hatred of her he also slay her , therevpon hee reasoneth , Itáne prodesse debet apud Iudaeos flagitiosa sua malitia , & apud nos non proderit marito sua innocentia ? That is , Shal the Iew haue that benefit of that wicked malice of his , and shall not an husband among vs haue like benefit out of his vndefiled and honest dealing ? The like againe ( and one straine farther ) a little after , Saltem hoc apud nos detur infoelici innocentiae , quod apud Iudaeos datum est perversae maritorum acerbitati , quod Paulus indulget vidius intem●perantibus , ne quid admittant sceleratius . that is , At least , let that be graunted that we also may haue our miserable innocency so farre releiued , as the Iews had their perverse crabbednes borne with , and so far as S. Paul himselfe bearethwith intemperate widdowes , least they commit some further evill . Of what force these reasons of his are if now we examine , first as touching the opinion of those others ( for such like matters as he presupposeth ) that he brought in , the reason is sufficient to stop the mouths of those that so hold : but not to establish that point of doctrine it selfe . That the Apostles themselues , and the godly Fathers after , determined more plainely of divers things , then those that went before them had done , they had the word of God for them therein , and then not to bee reproued by any : but their doing therein may be no argument to moue vs to determine of this , but only so farre ( which appeareth not yet ) as we may accoūt , that we haue the word of God to beare vs out in it . But whereas he shuffleth in ( among the rest ) divers things that they determined & did against the word of God , we ought to be so much the more wary in suffering our selues to be led thereby , whenas the reason is of that nature , as buildeth on falshood , as well as on truth . As for the liberty that we take in those speeches of Christ , we take none ( in any doctrine that thereof wee hold ) but such as standeth by good warrant of the word of God in other places , and then can that be no sufficient reason to moue vs , to do the like in this , for which ( as yet ) we finde in the word no warrant at all . And , though much be to be attributed vnto him : yet in this it may be doubted , that himselfe vnderstood not those places ; else that never he would haue so reasoned on them . The perfection that Christ might seeme thereby , to commend vnto vs , was not to that ende so laid open by him to shew in how many things wee must be spared for our weakenesse sake ; but plainely to shew vs , how wee ought to endeavor our selues to walke in that holy calling : and then doth it leese the force of the reason for which he brought it . Neither doth Christ therein teach vs so absolute perfectiō in those points , but that some others also there are , of an higher degree then those , of which he speaketh no thing at all . As in his first example of doing murther , though hee forbid divers other braunches of that evil roote , yet neither doth he recite but a very few of them ( to speake of ) in comparison of the rest : neither doth hee speake any thing of the contrary vertues , or great care that we ought to haue of the safety and good estate of others , which notwithstanding are by the commandement also required . And so likewise in all the rest . So his purpose was not there to teach all perfection ; but to giue them to vnderstand , that he was so far from setting them loose from that strict rule of life which the law prescribed vnto them , that he did require much more of them by vertue thereof , thē they did thinke they were bound vnto : and that doth hee content himselfe briefly to shew , by those few examples . In which sense if we take it , then shall we soone espy , how weake also that reason is of those others . Those that are taken , as from the lesse to the greater , carry their owne weaknesse with them so plaine , that no body need ( as I doe take it ) any further to shew it : being able to shew , if need were , that one of them hath such a wem or gawl in it besides ( that censure of his , of those his widdowes ) that there is no reason why it should be ( in this light that now wee haue ) of credit with any . 19 The authority or testimonie of others , whereon certaine of their reasons rely , is either of God : or else of men . Of those that rely on the authority or testimony of God , that is , vpon the written word , they haue two sorts of reasons that are but weake : one sort , by mistaking of the Text it selfe ; an other , by gathering amisse thereon . Mistaking of the Text is ( in this matter ) a common slip almost with them all : and then , if they ground any reasons thereon , needs must they be of smale importance . And first , Erasmus hauing conceaved , as we saw before , that the law did plainely allow the husband to put away his adulterous wife ( if she were very bad therein : for so hee limiteth his iudgement thereof ) he vrgeth further ( as in that place also was declared ) that it is not added there ( fuisse ) hoc datum duritiae cordis , praesertim quum ex sensu naturae non possit sciri quod nos interpretamur ▪ that is , that it was graunted for the hardnesse of their harts , especially when as that which we doe gather thereon ( meaning as I take it , that which we haue learned of Christ , that it was but for the hardnes of their harts ) cannot be gathered by sence or nature . And immediatly he addeth further , Et si concessum est duritiae cordis , utique licet , quod concedit Deus : praesertim si nullo signo declaret eos peccare , qui permisso vtantur . that is , And if it be graunted but for the hardnesse of their harts ; yet is that lawfull , that God hath graunted : especially if hee doe no way declare that those doe offend that vse the liberty that is permitted . In which notwithstanding hee doth not so rest , but that he taketh hold of an other help withall , adding therevnto as followeth ▪ Verum haec utcunque habeant , ita conceditur , ut tamen impunt sit marito duxisse quam velit , nec vetantur utcunque repudiatae nubere . Inter dum enim hoc licere dicitur , quod Lex non punit : that is , But howsoever these things be , it is so far granted , that there is no punishmēt for the husband that ( in such case ) marrieth ( another ) whom he will , neither are these that are divorced howsoever , forbidden to marry againe ( it may bee notwithstanding his meaning herein , that men are not forbidden to marry such as are any way divorced ; but the other I rather thinke to be his meaning . Then he proceedeth ) For sometimes that is said to be lawfull , which the Law doth not punish . And so doth he reason before likewise vpon that supposall of his , that such a liberty was by Moses graunted vnto them . Cur , quum idem si● morbus , non idem admovetur remedium ? that is , What reason is there that , when we need that helpe as much as they it should not be graunted to vs as much as to them ? Musculus likewise in such sort mistaking it , doth neverthelesse build somewhat vpon it . Moses , saith he , permiseret libellum repudit Judaeis : ex hoc permissu passiu● repudiabaentur vxore● , that is , Moses had permitted a bil of divorcement vnto the Iewes : by the means of that permission of his , it grew to be a common thing among them , for husbands to divorce their wiues from them . And so mistaking another besides , neverthelesse he maketh it the chiefe part of the ground of his opinion , that there is no divorce , but where the parties may marry againe . For hauing that point in hand , that in the Church there is no other divorce by law allowed , but that uterque maneat incōingatus , aut reconciliētur , that is , that each party abide vnmaried or bee recōciled , hee inferreth , that Christ spake de nullo ficto , sed vero divortio , per quod potestas dabatur denuo cum alia cōtrahendi conjugiū , &c. Nullū enim aliud divortiū noverāt Iudaei , &c : licuisse autē dimissae alteri nubere , vel hoc testimonij sufficiat , quòd sacerdoti praecipitur in lege , ne dimissam ducat : quae lex supervacanea esset , sifas non esset repudiatae denuo nubere : that is , of no counterfet , but of the true divorce , by which power was given to marry againe with another . For the Jewes knew no other divorce . And that it was lawfull for her that was divorced to marrie againe , this one testimony onlie may be sufficient , that cōmandement was givē in the Law , that a Priest might not marrie a divorced woman which law had beene superfluous , if it had not beene lawfull for a woman divorced to marrie againe . Which also ( among others ) is the collection of Kemnitius himselfe , for the lawfulnes of this libertie of Divorce and marrying againe , against a contrary determination set downe thereof by the Councel of Trent a litle before . But hereof this little taste may be sufficient , for that the chiefe part of the groundworke of their opinion doth rest thereon ( for that which they haue in the Olde Testament to build vpon : ) which was a great part of the inducement that led them vnto it . Concerning which , & al such like , it is cleere inough in it selfe , that mistaking the Text whereon they grounded , the opinion that they conceiue thereon must needs bee but weake , and needeth nothing els to discover the weaknes of it , but only to shewe that they mistake the Text it selfe . But in Erasmus we haue some things else to note besides . First that in these things he rested somewhat on the sense of nature : as perilous a guide in the matters that now we speake of , as ( of those that are of some credit ) a mā could lightly otherwise haue chosen . For being by nature so much given as we are to the lusts of the flesh ( and to haue variety therein ) and to be avenged of such displeasures as are done vnto vs ( especially such , as touch vs so neere , as now we speake of ) wee are not to looke for any other , but that we may be as easily blinded in this , if we leane to our owne iudgement therein , as in any thing else that can lightly befal vs. So that , in this especiallie , he should not haue rested anie thing at all on the sense of nature , but haue fought some better guid , whom he might more safely haue followed . Then also , how readily he taketh hold on that permission , even onlie for that it was permitted ( not regarding how farre , not howe ) though himselfe doe finde none other , but that it was only for the hardnes of their hearts : a sufficient burn ; to haue discredited the vse of that libertie to all that are godly , or that haue any reasonable care , even of their honestie before mē . And yet whereas he doth so readily take such hold thereon , it may seeme to argue , that his store otherwise is but weake . Lastly , that after a sort abandoning these , if they should not be thought meete to serue , he taketh hold of an other almost as weake : namelie , that because there was no punishment set down for it in the Policie of Moses , therfore it was after a sort , or in some sense permitted vnto them . And yet is it sufficiently knowne vnto al ; that as in al other Policies whatsoever , even so in that of Moses also , there be divers things that are vnlawful , which there haue no punishment at al devised for thē : and therefore that we are not so to reason , that seeing it is not punished there ( as neither it was to haue manie wiues ) therefore it is no offence to doe it . For although such a reason might best hold from thence , of any other Policie in al the world besides : yet even that also woulde faile vs herein , if anie should rest so far vpon it . 20 But now , if we come to consider , how farre they haue gathered amisse vpon those several Textes that they haue vsed , what others may thinke , I know not , but , for my selfe , I cānot but marvaile at many things that I finde therein . Which kinde of gathering when I also had gathered , as needful to bee commended vnto the farther consideration of the learned , I found them in number to bee so many , & to proceede from so many great personages also , that I thought it sufficient for the matter , and meetest also in some other respects , to take but some few of them ( leaving the rest vnto the search of those that desire to looke farther into them : ) and therein also , not to deale with al those or many of them that so are minded , but only with some few , & such as the equity of the cause it selfe shal most desire to be called vnto such triall . In which respect . I haue thought good to resolue on Erasmus for the one , and on Mr Beza for the other : because that ( of those that are extant , and yet I haue seene ) those two haue of set purpose discoursed thereof , and most largely handled the same . And in these also to omit al such collections , as elsewhere by occasion may passe them , while principallie they intend some other matter , I meane to deale but only with those ( and but with some of thē neither ) that belong vnto the chiefe and principal points of the matter that is in question : namely , how they gather their opinion or iudgement therein ; and how they answere such Obiectiōs as may be alleaged against it . And first as touching Erasmus , although he professe no more but only to propoūde it , and to commend it to the farther consideration of the learned , and to that end more largely sheweth , both that divers before haue beene of that minde , or at least inclinable vnto it ; and that such like things they haue in dayly allowance among themselues : yet doth he plainely enough professe , that ( for his part ) he is of that minde himselfe ; and laboureth also to take away such obiections as seeme to be of force against it . As touching the former of them , the truth is , that as there is none of them all , that do build this opinion of theirs on any other Text besides ( excepting those which they did mistake , of which I haue spoke before ) but only on that exceptiō which Christ vsed two severall times , namely , in the fift , and in the nineteenth of S. Matthew : so he also ( for that his opiniō ) goeth no further but only to it , and therevpon buildeth that which he hath thereon conceiued . But those words of Christ doth he account to make so plaine for hispurpose , that because we allow not on such divorce to marry againe , hee chargeth vs that in divortio tam rigidi fimus , ut magis etiam astringamus verba Christi . that is , That in divorce we are so hard or greivous , that we do further restraine those words of Christ. And his reason is , Etenim quum ille reliquerit marito unam causam repudiandae coningis , nos cam multis mo●is astringimus . that is . For whereas hee left to the husband one cause for which he might put away his wife , wee doe many waies restraine the faine . And after againe , Iudaei quod Moses ●eri●serat de libetto repudi● sic interpretabantur , quasi ma●veis jui effet qualibet lecit de causa reijcere coinge &c. Id Christus astringit ad unam adulterii causam . that is , The Iewes did so interpret that which Moses wrote of the bill of divorce , as though husbands might put away their wiues for any cause though never so smal . That did Christ restraine only vnto the cause of adultery . And by and by after , Ergo suis Christus unam dunt axat causam indulget divortij . that is , Therefore Christ alloweth vnto his but only one cause of divorce . And in these ( so far as yet I haue found ) is his iudgement most plainely declared . In which it is good to note those two things : first that he buildeth for that matter on no other Scripture , but only on that exception ; then , that hee so taketh that exception , that thereon he inferreth , that for adultery Christ himselfe alloweth divorce . If he build vpon no other Scripture but only on that exception , thē our busines lying within lesse roome , & neerer vnto vs , we may so much the sooner find how it holdeth together that he gathereth thereon . If he so take the exception , that thereon hee gathereth , that Christ alloweth the husband to put away his wife for adultery , thē , either must the place it selfe be of that nature that it can haue no other sense but it : or , if it may haue some other besides , thē is he to shew what reason he hath why the place should rather be taken as he would haue it , then as others haue taken it heretofore . Whereas therefore it is evident ( by the iudgement of most men , in the Church of God , who did otherwise take it ) that the place may haue another sense , and yet himselfe , hauing shewed no reason which may stand for any iust proofe , that the Text must needs be taken in that sense that he would haue it , doth neverthelesse so enter vpon it , and will haue that to be the meaning of it hence is it , that for any thing that yet I doe see to the contrary , hee can hardly avoid the reproofe of a forcible entry , or to looke for so much curtesie at his adversaries hands , as first to graunt him , that that shall be the sense of the place . And then hauing gotten so much for divorce , that in such case the husband may vse the benefit of it , that is to put away his wife if so she haue sinned , then will himselfe inferre the other also ( that then he may lawfully marry another ) only by telling vs plainely , what divorce it is that he meaneth . For he saith Divortium interim appello , not that , quo dirimitur domestica consuetudo , manente coniugij vinculo , but verum , & quale solum illa novit aet as , qua licebat , à repudio prioris , alteram dacere . Whereby he giueth vs to vnderstand , that he meaneth such divorce as altogether breaketh the bād of marriage , and not such as standeth by law all Christendome through ( almost ) if there bee no other cause but adultery only . Which two if we lay together , namely , that Christ alloweth divorce in case of adultery , and then , that the divorce must also be such as giueth free liberty to marry againe , the collection that he maketh on those wordes of Christ must needs be this , that Christ alloweth those that be his , to put away their wiues for adultery , and to marry againe : an opinion that is , notwithstanding al his submissions and protestations before and after , more boldly avouched ; then it is with any of his proofes that yet I haue found , or ( as I am persuaded ) ever shall , strongly confirmed . As touching the latter , that is , how , for his defense , he gathereth vpon those places that doe seeme to make against him , we are first to note , that some there are with which at all he doth not meddle , and yet are of special importance against the opinion that he conceiued : & then further we are to consider how he gathereth his defense out of those that he vseth . If some there be that hee medleth not with , and yet are of special importance , then may we account , that his defense is so much the weaker : and those places that now I speake of are those two , the one of Deuteronomie , the other of Malachie , that I shewed before to bee most likely to bee mistaken , in which the Hebrew in them both , & the Septuagint also in the latter of them , do so frame those Texts to speake , as that to one that would haue cleered the questiō of the doubts thereof , those also had beene as needefull to bee answered , as not many others more . Those that he vseth , are certain of those speeches , which ( concerning this matter ) were vttered by Christ : and certaine others of the Apostle St Paul. Those that he taketh of Christ are three : two of thē in effect but one ; but the other , a severall one by it selfe . Those that are in effect but one , are those two so well knowne places , in the first and nineteenth Chapters of the Gospell by S. Matthew . Where Christ doth so much restraine the liberty of divorce , restraining it vnto adultery only , as these men take it . Out of which how hee gathereth for his defense , is a thing very specially worth the marking . For hee doth not now gather , as the residue do , vpon the advantage that is supposed to lie in the Exception ; but out of the whole restraint generally : gathering , that the doctrine which was there delivered , did draw so neere vnto the perfection of true Christianity , that if wee should exactly apply it vnto our liues , to make it a rule vnto vs , we had need to vse some favorable interpretation of many things therein ; or that wee had some dispensation to avoid the strictnes of it . For the former he saith , Verùm quum eodem in loco complura doceat quae purè germanéque Christianis digna sunt , cur in caeteris omnibus recipimus interpretationem , in vno divortio tam rigidi sumus , vt magis etiam astringamus verba Christi ? that is , But seeing hee teacheth many things in that place which may right well become Christians indeed , how commeth it to passe , that in al the rest we content our selues with ( some favourable ) interpretation , and only in divorce we are so austere , that wee doe even further restraine those words of Christ. And anon after , when he hath shewed how much we restraine , as he doth take it , those words of Christ , comming to that course againe that he may giue in some examples of it , he further addeth , Hac igitur una in parte tam mordicus tenemus summum , quod aiunt , jus , in caeteris quamvis recipientes interpretationem . Vetat inibi , Ne juremus omnino : vetátque multò severius quàm divortium , & pluribus verbis inculcat : & tamē ob tres drachmas juramus passim , sic excusantes , Non est jurandum temerè . Cur non item , Non est divertendum temere ? Vetat ille irasci : Mox subijcimus , Temere . Vetat ille compellare quenquam contumeliosius : nos etiam colaphos impingimus , denique occidimus , & excusamus , Non laedendi sed castigādi animo &c ; that is , Therefore in this point wee doe so strictly cleaue vnto the vttermost that may seeme to bee vrged thereby , receauing any interpretation in the rest . He there forbiddeth , to sweare at all . And with greater severity he forbiddeth that , then he doth divorce , & with more words doth beate vpon it : and yet for the worth of a shilling we commonly swere , excusing our selues , that we are not ( indeed ) to sweare rashly . And why not as well , that a man , may not leaue his wife rashly ? He forbiddeth to be angry : and we by & by adde ( the meaning to be , that wee doe it not ) rashly . He forbiddeth to reproach any : yet we even beat , and slay also : & then excuse our selues , that we doe it but to chastice him only , and not to hurt him . And so forth bringing divers other such instances or examples besides : and so concluding on them likewise . For the latter he addeth likewise , Si ut conditus erat homo , perseverasset , nullum erat futurum inter vllos divortium . Christus revocans suos ad pristinam innocentiam , non vult divortium , quia non vult duros corde : & tamen Paulus indulget humanae fragilitati , relaxans saepenumero Domini praeceptum . Cur non idem facere possit Romanus Pontifex ? that is , If man had continued as first he was made , there would thē haue beene no divorce among them . Christ calling back those that were his to that former innocency , will haue no divorce , because he will not haue them to be hardharted : & yet Paul beareth with the infirmity of man , releasing oft-time the Lords commandement . Why may not the Bishop of Rome do the same likewise ? By which , I trust , it may sufficienly appeare , that he rested not on that supposed allowance of divorcing for adultery , but ( over and besides that ) accounteth the residue of that prohibition of divorce so streight , as that it were needfull for vs , either to haue some favourable interpretation for it ; or at least to be dispensed with all for some part of it : and yet that in either of those his gatherings he hath one speciall slip besides . For in the former , when he pleadeth for such favorable interpretation , the only force of his reasoning standeth , as it were from the like , or else from the lesser vnto the greater . Which hee endeavoreth to confirme vnto vs by all those examples that there he bringeth , of which I recited but a few of them : shewing , that seeing we doe in such sort interpret them , as that wee doe not account our selues to be tied to the letter of thē ( as indeed we doe for the cheifest of thē , & those that giue credit ( that which he seeketh ) vnto the rest , & so may doe by good Divinity ; the rest being none of our interpretatiō of them , but only the fruits either of the ignorance of those daies , or of the corrupt affections of flesh & blood ) we should in like sort , if not much rather , interpret that of divorce likewise , as his own words do plainly declare . But now the truth is that that interpretation of ours which we giue of the rest stādeth by authority of the word of God , & that by other Scriptures we are forced so to take thē ( as when there we are forbiddē to sweare at al , & yet elsewhere are taught to sweare by God , & that it is a part of the worship that we must do him : ) and that the interpretation that he woulde haue vs to make of the other , is not such as any other Scripture doth lead vs vnto ; but such as al other Scripture directly crosseth as we do take it , and trust to make plaine ere we haue done . And then , if we haue Scripture for the one , but not for the other , howsoever that motion of his may savour well of great humanitie : yet wel maie wee doubt , that such stuffe would be but seelie Divinitie . In the latter likewise , besides that he chargeth S. Paul to dispence ofttimes with the Lordes commandement ( which would be hard for him to proue , ) and thē he seeth no reason , but that the B. of Rome might do so also ( wherein he spake according to the manner of those daies , or els but offereth somewhat to ride him ) he may seeme to gather , that Christ did no farther restraine divorce vnto his , neither himselfe had anie farther meaning , but so far as their hardnes of hearts shoulde bee also abolished , that thereby they should not stand in need of that help to their infirmitie : which course if in other things also we should attēpt , sooner should we shew our selues to endeavor , rather to make our corrupt inclinatiō a rule to interpret the Scriptures vnto vs ; than to allow , that the Scriptures should be a rule vnto vs , whereby to amend , or to call to the checke , whatsoever ill waies there are in our owne corruption . That which is a several one by it selfe , is that same that in the 19 of Matthew Christ also vttered , that it was not for man to put asunder , that which God hath coupled togither . Concerning which he saith , Porrò quod obijcitur ex eodem loco , Quod Deus conjunxit , homo ne separet , nō magno negotio solvi potest . Hoc Deus conjunxit quod rite conjungitur : hoc Deus dirimit quod rite dirimitur . That is , Furthermore , that which is obiected out of the same place , that vvhich God hath coupled togither , that let no man put asunder , may soone be answered . That ( only ) hath God coupled togither , that is coupled aright : & that doth God ( himselfe ) breake a sunder that is wel put a sunder . In which course also he then in such sort proceedeth , that although he wel provideth that he wil haue no divorce to bee made by the parties themselues , nor by anie but onlie such as are in authoritie for those matters : yet he plainely sheweth , that he would haue it to bee done for more causes than for adulterie , and yet that it also should be Gods doing too . Quod male , saith he , cōglutinavit pueritia , quod vinum , quod temeritas , quod inscitia , quod male per lenas ac lenones , suos Diaconos conjū cerat diabolus , hoc per suos Ministros recte dirimit Deus ▪ that is , that that which childhood , which excesse in wine , which rashnes , which ignorāce had coupled togither , that which by harlots and bawds his owne proper Deacons the Divel had ioined , those doeth God by those Ministers of his rightly put asunder againe . To which ende also he tolde vs a little before , that neither among the Gentiles , nor yet among the Iewes marriages were accounted to be of force , without the cōsent of the parents or the principal friends vnto them appertaining : & tamē apud utrosque ali quo modo dirimi poterat matrimoniū . Apud Christianos facilime coit conjugium , & semel initum nullo pacto potest dissolvi : that is , & yet with thē both , marriage might some way or other bee dissolved among thē . But among Christians marriage is most easilie made , and yet when it is made , then is there no waie to vndoe it againe . In this therefore ( pleading for so great a liberty to divorce , as hee doth ) hee hath not only no Scripture for him , but now also even the most of those , that ( in these daies of ours ) are for divorce and marrying againe , flatlie against him : & so , his gathering herein not only in truth , but also to them , who only shoulde haue the benefit of it , sufficiently weakened . Those that he taketh out of S. Paul , are three likewise : but the first two of them , in effect , but one ; and the third a several place by itselfe . The first two are , the one , out of the seventh likewise of the former Epistle vnto the Corinthians . To the former of them , that sheweth the woman to be bound to her husband so long as he liveth , his answere is , Non hîc agit Paulus de divortio , sed similitudinem adducit Iudaeis exipsorum lege , qua doceat ac persuadeat , antiquata jam Mosi lege per evangelium , non amplius illos teneri legis caeremonijs , quū Christo novo sponso nupserint . Nec est necesse similitudinem aut parabolam quadrare per omnia , &c : that is , The Apostle doth not here speake of divorce ( which notwithstanding himselfe doth but saie , & not proue ) but he bringeth vnto the Iews a similitude out of their owne law , by the which hee may teach and perswade , that the Law of Moses being now abolished by the Gospel , they are no more bound to the ceremonies of the law , being now married to Christ their new husbād . Neither is it needful that a similitude or parable should in all things agree , a thing that is not in this required : and yet must the thing it selfe be true , if anie thing shal be proved thereby . To the latter of them ( much like to the former ) he answereth likewise , Ne hîc quidem Paulus tractat materiam divortij , sed adhortatur pro illorum temporum statu , ut quae liberae sunt à conjugio , praesertim vidus ( nam ad harū causam videtur redire ) abstineant à cōjugio , &c : that is , Neither here doth Paul treate of the matter of Divorce , but he exhorteth , as the estate of that time required , that such women as were free from marriage , especially widdows ( for he seemeth to returne to them againe ) would abstaine frō marriage , to the end they might be freer from worldly affaires , &c. Which assertion of his , besides that he hath not proved it , maketh little for him , for that though the Apostle did not to that end speake it ; yet nothing letteth , but that so it may be applied . That which is a several place by it selfe , is out of the selfe same chapter also vnto the Corinthians , where the Apostle requireth in the name of the Lord , that the wife depart not from her husband , and that the husband do not put away his wife : which , as himselfe saith , is locus omnium difficilimus , that is , the hardest place of them al. Concerning which his best answere is , that S. Paul there doth not treate de gravibus flagitijs , quae crimen adulterij vel aequent , vel superent etiam : sed de levioribus offēsis , ob quas , apud Graecos potissimum , crebra fiebant divortia : that is , not of grievous crimes which were as great as adulterie , or greater rather , but of the lighter offences , for the which especially among the Grecians , there were oftē divorces made . Alleadging also a testimony out of Iuvenal , of one that had , by such dealing , eight husbands in fiue yeares . And the reason that he bringeth , why hee taketh it that the Apostle spake but of lesser offences , he gathereth out of the reconciliation that there is mentioned : which notwithstanding prooveth it not ; but leaveth it only on the credit of his owne iudgement . Which belike himselfe did somewhat perceiue , because hee rested not therein , but tooke hold of some others , and those also as weake as it : one , of difference of the sex , pleading that he gaue that lesson but only to womē ( which while he doth , he letteth slip a scape or two ; ) the other , his owne ghesse , what the Apostle would haue set downe for such matters , if the case had beene put vnto him , as it is with vs. And when yet he doubteth that this his answere will not content all , but that some may happily vrge that the Apostle did not there meane to exclude the cause of Adultery , for that , it seemeth , he had no more to say but this , Cur non excipit quod excipit Dominus ? Imò cur addidit , quod non addidit Dominus , Maneat innupta ? Cur viro prohibet ne dimittat , cui permittit Christus , ut dimittat adulteram ? that is , ( altogether reasoning , if you marke it , on that which is in question among vs , and yet grounding thereon as if it were either proued by him , or by vs granted vnto him ) Why thē did not the Apostle except , which the Lord himselfe excepted ? And more then that ; why did he adde , which the Lord added not , namely , Let her abide vnmarried ? Why doth hee forbid the husband to put any away , when as Christ himselfe alloweth to put his wife away , if she be an adulteresse ? And thus much to shew , how Erasmus hath gathered , both for his conceiuing of that opinion at the first : and for the cleering of it besides , of those obiections which he saw might be made against it . 21 Mr Beza wrote long after Erasmus , when as the motion that he had made was now considered vpon by many , and condescended vnto by some : and he wrote so purposely of it , that if there be any thing that may rightly be gathered for it , we may hope to finde it in him ; and , if that shal be sufficient to confirme that point of doctrine vnto vs , that then we shall finde nothing at all , that wil be wrong or hardly gathered . Here therefore it shal be good to consider , what he hath found , either whereon to build that opiniō of his , or to defend it against those Scriptures that are against it . What he hath found , for the grounding of his owne opinion therein , we may sufficiently gather out of that which himselfe setteth downe for that matter . For , after that first he hath sundred certaine other things from the question that he hath in hand , which owise might haue cūbred him very much therein , he plainly inferreth Adulterio igitur coniugium , rectè & bona conscientia , dirimi posse affirmo , expressis hac de re Christi verbis . that is , Therefore I affirme , vpon the expresse wordes of Christ , that rightly and with a good conscience , marriage by adultery may be dissolved : as resolute , and as plaine an asseveration , as at any time needeth ; and therefore likely enough to haue some special good ground worke whereon it is grounded . Which , by his quotation in the margent , himselfe doth shew to be those very words that before we spake of , and which are in question betwixt vs , & that they are those expresse wordes of Christ , that hee did meane . Howbeit those are they , that , as touching the sense of them , are altogether in question betwixt vs : and by what right may he then account them so expresse or plain on his behalfe , when as hee knoweth that that is plainely denied vnto him . Which because he could not but know , that therein he was contradicted by many , therefore hee addresseth himselfe immediatly to proue , that that must be the sense of those his words : and needfull it is , that we doe well marke the force of his reason . Quum enim , saith he , videret Christus Legem de lapidandis adulteris latam ( ut & alias plerasque ) contemni , cavere tamen conscientiis voluit : ideoque , interrogatus , an , ut facere plurimi solebant , quavis ex causa divortij libellum tradere liceret , sic respondit , ut non tantum negaret id fas esse quavis ex causa , verumetiam exprimeret , nulla id ex causa nisi ob adulterium licere : quibus verbis nihil planius aut magis perspicuum dici potest . Itaque nullus adhuc est , quod sciam , inter Christianos , seu veteres seu recentiores inventus , qui non concesserit , probato adulterio , fas esse innocenti nocentem dimittere : sed plerique excogitata distinctione inter separationem à thoro , & dissolutionem ipsius conjugalis vinculi , quod rectè prius constituerant mox evertunt , qúā novi conjugij potestatem separatis non concedunt . Cujus sententiae quum etiam Augustinus ipse fuerit , necesse est imprimis ostendere , quam firmis rationibus omnia contraria argumenta doctissimi Theologi nostra memoria diluerint . that is , For whē Christ did see that the law of stoning adulterous persons to death ( as divers other good laws besides ) were not regarded ; yet would he provide for the conscience therein : and therefore being asked , whether as many did vse to doe , it were lawfull for every cause to giue a bill of divorcement , he so answered , that hee did not only deny , that for every cause it was lawfull so to doe , but also did plainely set down , that it was lawful for none other cause , but only for adultery : then the which , nothing can bee more plainely , or perspicuously spoken . And therefore is there none found as yet , that I knowe of , among Christians , either of olde or of late , which hath not allowed that adultery being proued , it is lawfull for the innocent party by divorce to put away the offender : but divers of them , hauing devised a distinction betwixt the separation from bed , and the dissolution of the band of marriage it selfe , doe by and by overthrow that , which rightly they did allow of before , seeing that they doe not graunt liberty to marry againe , to those that are in such sort sundred . Of which opinion seeing even Augustine himselfe was , it is specially needfull to shew , with how strong reasons the most learned Divines in this age of ours , haue clean wipt away all the arguments of the contrary side . And so , hee presently setteth in hand to answere those Obiections , that hee thinketh to stand in the way of that resolution . But first let vs see what proofe it is hee hath brought for his owne . Forsooth that Christ , for that hee saw that the law for stoning adulterous persons to death was despised , purposing to provide for the conscience before God , he therefore &c. What haue wee here , but only his owne ghesse , that that was the purpose and meaning of Christ ? Which if it were not , as then wee haue herein no proofe at all : so if it bee no more but doubtfull ; for that hee might as likely haue some other meaning ( which after I trust wil easilie appeare ) yet then also this coniecture of his may not iustlie stand for any sound proofe neither , although for his worthines otherwise his iudgement may be had in special reverence . And it is not to be denied , but that that which he bringeth in immediatly after , of so general a cōsent of al , in the allowance of Divorce for adulterie , doth much make for that iudgmēt of his at the first sight ; but then there is to be considered withall , both that they mistooke those places of the Old Testament , which they thought to allow of Divorce for lesse matters ; and that yet they did not allow of such divorce for adultery , as might dissolue the bond of marriage . For if they did so far mistake those places aforesaid , as that then they made no question , but that by the word of God divorce was allowed for lesser matters , then they might easily be of opiniō , that there was no doubt , but that much rather it was allowed for the greater : and in that they were so loath to allow , that even for it also the bond of marriage shoulde stand as broken , it may seeme thereby , that although they had in minde those wordes of Christ , aswel as these , yet how plaine so ever Mr Beza doth account thē , they could not finde that so they might take them . Now that S. Augustine was of that minde too , that doth weigh so much against him , as the credit of his iudgment standeth with any . Whether therefore wee may be bold to account , that here among these plaine and resolute speeches wee haue any proofe whereon to stay our cōsciences before God , or whether nothing could be spoken with greater perspicuitie , when as so many ( and so quicke of sight ) could never so finde it , that do I refer vnto others , & thinke it needful to be pondred of such , as any way haue occasiō to vse the benefit of sound iudgment therein . But belike Mr Beza did not meane much to confirme , that to be the sense of the words of Christ that he had gathered ( for that hee thought that matter cleere enough in it selfe ) but hastned rather to answere such Obiectiōs as he found to be made against it . And so are wee also to see , how he contenteth himselfe therein . The Obiections therefore that himselfe acknowledgeth to be brought against it , are halfe a score : where of the one halfe are brought out of the worde of God ; the other , out of other reasons besides . As for vs , it shal be sufficient to take the assay only of those that are taken out of the word of God : and those are the verie same ( and none other ) that Erasmus before had brought , both for the places of Scripture out of which they are taken , & for the order & disposing of them ; and , excepting the first , for the matter also . These therefore are likewise taken , some of them out of the words of Christ : & some of thē , out of the Apostle S. Paul. And so belike wee haue al this while found nothing more in effect in the worde of God for this matter , than Erasmus had found at the first , when hee made the motion of it . Those places that are of the words of Christ are three : but the first two are heere also ioined togither in one and so do both stand but for one , & the thirde for another by it selfe . Those two places of Christ that make but one , are those former places out of the 5. and 19. Chapters of S Matthew : but the Obiection that Mr Beza gathereth , is not like that which Erasmus gathered before , but varieth from it . For whereas Erasmus gathered out of the austeritie or strictnesse of the whole , but that one way or other the strictnes of it was to be mitigated vnto vs , Mr Beza , on the other side , out of the libertie that he supposeth to be given by the one part of it , answereth an Obiection that out of another part of it is made against them . As touching the Obiection hee saith , Primùm opponunt ●lli istud Christi dictum ; Qui repudiatam duxerit moechatur . Nam certe si penitus solutum esset vinculum , moechari vir ejusmodi non diceretur : that is , First they obiect that saying of Christ , He that marrieth her that is divorced , committeth adulterie . For truely , if the bond of marriage were cleane broken , such an one should not bee said to commit adulterie . Vnto which his answere is , Exceptionem priori membro additam , in posteriori quoque esse repetendam : that is , that the Exception that is added vnto the former member of the sentence , is to bee repeated againe in the latter part of it . But this is no more but only saide : the proofe doth follow immediatly after , in this manner ; Nam si qui dimittat uxorem extra causam fornicationis , facit ut ea moec●etur , consequitur eum qui uxore propter adulteriū repudiata aliam duxerit , non facere ut ea moechetur . Ex quo tur sum colligitur , id quod subijcit , apud Matthaeum de repudiata , non nisi repetita ex priore membro exceptione intelligendum , quoniam Dominus alioqui sibi cōtradixisset : that is , For if he that putteth away his wife , without the cause of fornication , maketh her to commit adulterie , it followeth ( saith he , but let others iudge , whether it doe so or not ) that hee , which putting away his wife for adulterie doth marrie an other , doth not make her to commit adulterie . Out of which againe it is gathered , that that which is there added concerning her that is put away , is not to be taken but with the Exception that is in the former member , because otherwise the Lord shoulde contradict himselfe , or in one part of the sentence should go against that which he setteth downe in another . Which proofe of his though he do somewhat further backe against one thing that is in that place obiected besides : yet this is all the proofe that hee hath for this very point that nowe wee speake of . But , if we marke it , me thinke it wil soone shew it selfe to be a strange kinde of proofe . For , admit that the Exceptiō that now we speak of , must needs imply ( which notwithstanding wee doe not graunt , but avow it to bee the thing that lyeth in question betwixt vs ) that for adultery a man might lawfully put his wife away : yet doth it not so necessarily follow that every one might so doe ; or , that no case might be such , but that , if the wife committed adultery , then might her husband lawfully divorce her from him . For it is sufficient for the truth of the proposition ( even in that sense takē ) if any case be such , as that for adultery it may lawfully be done . As , though we may truly say ( as the Scripture also in many places , in effect and meaning , doth , though not in the same tearmes ) that God had no peculiar people for those daies in all the worlde , except the seede of Abraham , or out of that stock or race of his : yet doth it not follow , that all those were of that fellowship ; but only , that he had none other besides . Whereas therefore that exception may bee satisfied with any particular ( that , for adultery , as the case may bee , it may bee allowed ) and yet he inferreth a generall vpon it , saying that he , that putting away his wife for adulterie , marrieth another , doth not commit adultery ( for though the proposition , in those tearmes , be but indefinite , yet is it an vniversall by nature ) hence doth it follow , that his proofe is of no better force , then an argument may bee that is taken from a particular vnto a generall , or frō the part vnto the whole : as , God for a time had no people in all the world to bee his peculiar people , but only the seed of his servant Abraham : ergo , all the seed of Abraham were of his peculiar people . And therefore it is so much the more strange that Beza inferreth , that otherwise Christ had contradicted himselfe : as though it were any contradiction to say , that for adultery the case might bee such , as that the husband might lawfully put away his wife for it ; and yet , that in some other cases he might not . His other Obiections , as they are the same that Erasmus had gathered before : so are they by him sent lightly away with the selfe same answer that Erasmus before had giuen them . For vnto that other , of the words of Christ , that no man should part those whom God hath coupled together , whereas Erasmus before had said , that such were not parted by man but by God , Beza saith likewise , Concedo totum illud argumentum sed nego divortij propter adulterium authores esse homines , &c : that is , I graunt , saith hee , that whole argument : but I deny that men are ( to be accounted ) the authors of that divorce that is for adultery . So that , thus far , and so in the very answere it selfe that they made to this obiection , they both agree . But then in the confirmation of it they vary , M. Beza quite giving over that course that Erasmus is in , and betaking himselfe to another . Erasmus building vpon disorders that were commonly committed in making of marriages ; and M. Beza , vpon that law of God that adiudgeth adulterers to death , and vpon that exception of Christ. Wherein whether M. Beza hath bettered his course or not , that I leaue to bee decided by others that will : but sure it is that therein he liketh not of that of Erasmus ; in that himselfe hath taken another . For as touching that of Erasmus he saith plainly , that he doth not assentiriijs qui putant Magistratibus licere novas divortiorum leges condere . that is , That hee doth not ioine in opinion with them , who thinke that Magistrats may make new lawes of divorcements . And the proofe that he wil haue for his opinion in this ( namely , that , not mē , but only God must be thought to be the author of that divorce that is for adultery ) is no more but this ; Quum Dominus jam olim adeo expresse voluer it adulterio matrimonia dissolvi vt etiam adulteros morte punier it : & postea rursum Christus consulens conscientijs propter Magistratuum negligentiam ; adulterium acceperit , quum de divortio non licito dissereret . that is , seeing that the Lorde in times past , did so plainely declare that he would haue ( even the band of ) matrimony to be dissolued by adultery , that hee punished those that so offended even with death : and after againe Christ providing for our consciences , hath for the Magistrates negligence therein , excepted adultery , when he treated of such divorce as was not lawfull . Concerning both which we plainely see the latter of them to hold no further , that that same exception of Christ may bee found to serue his purpose , which is the thing that is in question betwixt vs , and seeing himselfe knew that so it was , it may seeme that he doubted of the other also , when as hee went about so hardly to help it in this . And the truth is , that in the other his reason holdeth but very weakely , that seeing God ordained that adulterers should be put to death , therefore the husband , if his wife haue that way offended , may account himselfe loosed now from the band of marriage that was betwixt them : because , as it is a generall rule with all the learned , so Erasmus himselfe his owne partner hath set it downe in plaine tearmes , that , in his iudgement , dispicere quodagat is qui loquitur , that is , to consider what is the intent or purpose of him that speaketh , is praecipua clavis ad intelligendam mysticam Stripturam , that is , the chiefe key to open vnto vs the secret sense of Scriptures . And then it is plaine , that in that law the meaning of God was not , to shew when the married might accoūt themselues to bee loosed of that band wherewith they were tied the one to the other : but how Magistrates should in such case execute his iudgements among their people . Againe , whosoever would so resolutely set down that the band of mariage were so cleane dissolued betwixt man and wife , only for that , when either of the parties are found to haue committed adultery , they ought by the law of God to die , they had need to be further advised , first as touching this presēt crime that now we speake of , whether that ought to be the determination of all estates for life generally ( as when one hath that way deserued death , he that is in reversion should then account the right of the thing to be his , whether that the Magistrate and laws doe neverthelesse spare him his life or not , ) and whether , such as owe any other duty besides , as children to their parents , servāts to their masters , and such like , might likewise in such case be allowed to account themselues discharged of it : and then , as touching some others besides , when any men else haue deserued death , either by those lawes of God ( as for blasphemy , prophaning the Sabbaoth , or whatsoever else ) or else but by the lawes of the country wherein we dwel ( though not against the law of God , yet further then it in those matters is wont to proceed ) whether in such cases we were to allow that liberty ; or otherwise , what reason we haue to be so resolute in the one , & so doubtfull in the other . These that are taken out of the Apostle S. Paul , are three likewise , but two of them ( as in the others ) in effect but one ; the other , is of severall force by it selfe . These that are in effect but one , are those two before noted , the one in the seaventh to the Romans , that the wife is by the law bound to her husband so long as he liueth , the other out of the seauenth likewise of the former to the Corinthians , tending to the selfe same ende in sense or meaning . And as they are in effect but one , so doth he giue in effect likewise one answere to both : to the former , Atqui Apostolus ibi non agit de causis divortij . that is , But there the Apostle doth not treate of the causes of divorce : and to the latter , Respondeo , Apostolum ibi non agere de divorij causis . that is , I answere , that the Apostle doth not there treate of the causes of divorce . But though this in generall bee the substance of his answere to both : yet he proceedeth somewhat further in either of them . To the former he addeth , first that which he thinketh , the Apostle at that time meant ; namely , that he did as it were but catch or pluck to himselfe , ex coniugio similitudinem , quatenus id argumento proposito conveniebat : that is , A similitude out of wedlock , so far as it agreed to the purpose that he had in hand . Then also , both that the Apostle doth speake there , non de matrimonio per adulterium soluto , sed de matrimonio constante , that is , Not of such matrimony as is dissolued by divorce , but of such as is still in force ; and that a woman condemned of adultery may not bee said to bee vnder her husband , for that etsi adhuc is est superstes qui vir ipsius fuit , non est tamen amplius vir ipsius , nec ipsa potest esse simul mariti & adulteri caro , that is , Albeit he were yet liuing that was her husband , yet now he is her husband no more , neither can she be the flesh both of her husband & an adulterer . To the latter he addeth likewise , both that he teacheth widdowes there , soluto per mortem matrimonio , posse bona conscientia ad secundas nuptias convolare , that is , mariage being dissolued by death , they may with good conscience marry againe : and that therein he had respect but to the vsuall and ordinary cause , praesupposing , inter fideles quibus scribebat , vix alia ratione quàm morte matrimonia dissolvenda , that is , that amōg the faithful to whom he wrote marriage could hardly be dissolued but only by death . In the answere vnto both which , what haue wee else to ground vpon , but only his own opinion avouched againe ; and here also but weakely confirmed ? Hee saith the Apostle doth not here speake of the causes of divorce . Who saith that hee doth ? What is that to the purpose , that of them he speaketh not now ? By other occasion he speaketh that , which may shew vs , how vnadvised we are in this . And why should hee speake of that which was not ? We praesuppose that divorce was , by the law of God allowed vnto them : and the latter Iewes , in the time of Christ , seeme much to be of the same minde also , though they might so say to some other purpose . But there was no such liberty giuen them indeed : and therefore we may not looke that the Apostle shoulde speake of it . And should we never suffer our selues to be better led , or our iudgements to be rectified by any Scripture , but only by such as specially treateth of the matter wee haue in hand ? If Sathan might so far prevaile , by any special ones amōg vs , he would not only depriue vs of a good part of that direction that wee haue by the word of God : but also might haue an easie way therein besides , to bring in , and settle , many errors among vs. When God spake to Moses out of the bush and said . I am the God of Abraham , the God of Isaac , and the God of Iacob , was it his meaning then , to deliver the doctrine of the Resurrection ? and yet doth not Christ even only out of it notably deliver the same vnto vs ? When God forbad the Israelites to muzzell vp the mouth of the Oxe that trod out their corne , was it his meaning then to teach men howe careful they ought to be to maintaine a Ministery among them ? and yet doth not the Apostle wel apply it therevnto ? But there were no end of such examples . In the former of them he addeth farther , that he doth but borrow a similitude thence , so far as belonged vnto the purpose he had in hand . What then ? Could his reason be good therein , vnlesse that same , from whence hee taketh the force of his reason , were sound it selfe . And if he cā thus put of his Readers , to say , that he doth speake of a marriage that stādeth in force , & by adulterie is not dissolved , doth it therefore follow , that marriage may be by adulterie dissolved ? If it be resolved and set downe by him , that being founde guilty of adultery and condemned thereof , shee is nowe no more vnder a husbād , or that having committed adultery shee cannot be one flesh with her husband ; haue wee here any sufficient ground at al to rest on , for the husband to account himselfe before God discharged thenceforth of al such duties , as by the reason of that his wedlocke hee was before bound vnto ? In the latter , was it so needfull a point to teach widdows in the Church of Corinth , after that the Gospel was now already received among them ; & that had a great part of their light from so many of the ancient people of God conversing among them ( with whom such marriages were very common , the Gentiles also being little behinde them therein ) that this sentence of the Apostle , which otherwise woulde serue vs marvelous wel to giue vs sound direction in this , and in diverse such other matters besides , must so bee restrained to vviddowes only , that we , in this case , may not looke to haue any benefit of it ? Truely it is good to care for widdowes , & it is a thing that is much commended vnto vs , not only in the word of God , but in all other good learning besides : but in al things there is a meane to be kept ; & widdowes themselues ( it is to be thought ) wil be content , that wiues also haue all their due . Or did he so restraine those words of his , vnto that which was then most commonly vsed , that , for the matter now we speake of , he would not haue vs to take so much of our direction thence ? Or did the Apostle presuppose no farther on the behalfe of the faithful as touching their holinesse and constancie in wedlock , but only that hardly or scantly they accounted wedlocke to be dissolved among them but only by death : or , if of the two , may not a mā that is careful to finde the truth , rather doubt , that this is but an hard & a scant interpretation of this place of the Apostle ? That which is of severall force by it selfe , is out of this chapter also of that Epistle vnto the Corinthians , where the Apostle saith , that not hee , but the Lord commandeth women not to depart from their husbands , and , if they do , to seeke to be reconciled againe , or to abide vnmarried : & that the husbands put not away their wiues . Wherevnto he saith , Respondeo , Paulum hic nō agere de divortio sed de dissidijs quae propter simultates inter conjuges interdum oriuntur : adeo ut interdum una pars ab altera secedat . Quod si evenerit , nō vult Apostolus ejusmodi discessione solvi matrimonium : that is , My answere is , that Paul did not here speake of divorce , but of such contentions or debates as arise sometimes betweene man and wife vpon hart-burning among themselues : so that sometime they depart the one from the other . Which if at any time it come to passe , the Apostle will not , that by such departing , matrimonie be dissolved betwixt them . He proceedeth somewhat farther , I grant , to confirme his iudgmēt therein , I meane , that this must be S. Paules meaning : and so me thinke he had need in deed . For otherwise , besides that the Text it selfe doth not in appearācelead vs to that cōstructiō ( whatsoever it may do by implication , wherein we are to see anon how himselfe doth gather thereon ) it seemeth to me , that , in either of the Apostles dealing in such matters , we haue a great likelyhood , that this should be no part of his meaning . For it had beene a very great & an intolerable disorder ( and such as , not only the people of God , but evē all the heathen also generally , did ever detest , vnlesse it were some speciall od loose persons among thē , that now & then would not sticke to breake forth to such disorder ) if that had beene in vse among them : and most likely then , that the Apostle woulde otherwise haue stormed against them , as he did for other matters , as for the variance that was betwixt them , & for those disorders , in partaking that holy Communion , both which hee might lay to the charge of many of them , and for suffering that incestuous person , though hee were but one . Whereas therefore the Apostle is wont to be so round when occasion was given him , and gaue so good experience of it even in this Epistle also in divers things els , it may rather seeme , that seeing it were such a disorder , so easily vpon variance to breake of the bond of marriage betwixt them , that that was not the thing , that S. Paul there doth speake of , but some other thing that was more vsed & more tollerable also ▪ and yet not to be allowed neither ; as , for the woman so to depart , or for the husband to put her awaie , either for adultery , or at the least vpon some great occasion or cause given whatsoever it was . Else I should hope , that among them , for any matter so apparantly so fowle , even among the heathē also , the Apostle should not haue neede to haue vsed the name of the Lord therein : or at least should thinke , as I said before , that he would haue set his instrument on some other tune , for a matter of lesse importance then it . Now the reason that himselfe alleageth , why he is persuaded that that is the sense of the Apostle , himselfe in this manner giueth in vnto vs. Hoc autem ita esse , manifeste indicant Apostoli verba , qui inquit in genere : Vir vxorem ne dimittito , & vxor à viro ne discedito . Quid si enim adulterio peccarit altera pars , annon innocenti licebit saltem à nocente discedere ? Relinquitur ergo verum esse quod diximus , nempe , Apostolum de simultatibus & rixis , non de vero divortio loqui : quod mirum est Augustino in mentem non venisse . that is , But that this is so , the wordes of the Apostle doe most plainely declare , who generally saith , or speaketh to all indifferently , Let not the man put away his wife , and let not the wife depart from her husband . For what if either party shall commit adulterie , shall it not bee lawfull for the innocent party , at least to depart from the offēder ? So it must needs be true that we said , namely , that the Apostle did not speake here of true divorce , but only of contentions and brablings : which it is marvel that S. Augustine did never thinke of . Whether these words of the Apostle do so plainely proue it or not let others iudge ; for betwixt vs , I peceiue very well , that in no wise it can be decided . For what proofe hath it at all , but only which standeth on this principle , that the innocent party may in such case at least depart from the other ? But what warrant any where haue we for that , either in the old Testament or in the new ? In policie , I grant and for the hardnesse of our harts it may after a sort bee tolerated among vs : and among the Iewes before : but where haue we otherwise any one authority for it , when it is rightly examined ? Againe , as yet I see no cause to the contrary , but that a simple man might so strongly hold , that thē especially the innocēt party had more iust occasion to stay , thē to go , that I think it might cūber the most learned that is , to bring in any reasonable probability against it : and much more , to evince it indeed , So strong is the charge , that all married couples haue taken vpon them , the one of the other ; and so weake it is ( setting our owne private affection aside ) whatsoever it is , that as yet is brought to the contrary . And therefore I beleeue that himselfe did not wonder more , that S. Augustine never conceiued so much of it ; then any indifferent one of his Readers will marvell that hee should make it so cleere a case as he doth . 22 Of those reasons of theirs that rely on the authority of men , we haue two sorts likewise : whereof some of them stand on the authority of those that in some sense may seeme to bee with them ; and others againe , on the authority of those that are against them . Those that in some sense may seeme to be with them , are of two sorts also : some that are directly with them ; and others besides , that are not against them . Those that are directly with them , are of two sorts also : some , in their opinions ; others in their doings only . Ofboth which by Erasmus , among others of that kind , we haue noted vnto vs , that first amōg the ancient Fathers non defuerunt qui senserint à recte dirempto matrimonio , licuisse cum alia copulari . that is , That there were who thought that after marriage well dissolved , it was lawfull for them to marry another : and namely , that Origen , Tertullian , Pollentius ( whome belike because otherwise he was not to haue his place in this company , he tearmeth Gravem & eruditum virum , that is , A graue and a learned man ) & Ambrose , were al of the same opinion , or at least did at some time incline vnto it ; and that Augustine , though he wrote against the aforesaid Pollentius about that matter , yet that hee dealt not with him as with an hereticke , but as with an adversary in that opinion only , & did in such sort confute his opinion , that neverthelesse he did not therein charge him with heresy . Againe , that clare pronunciat sceleratius esse extra connubium libidinari , quàm à divortio novo marito junctam vivere , that is , that he cleerely pronounceth , that it is more wicked , out of wedlock to play the harlot , then after divorce to liue in marriage with another husband . Againe , if a woman that after divorce marrieth another , that he doth not simply deny her bujus esse vxorem ; sed magis esse illius quem relinquit , quàm cui nupsit : that is , to bee the wife of this man ; but rather to be the wife of him whom she left , then of him whom she hath married since . Then also that si recentiorum opiniones excutiamus , quibus hactenus plurimum authoritatis & fora & scholae tribuunt , comperiemus inter hos fuisse , qui putarint matrimonium posse dirimi , aut certe qui putarint hoc argumentum esse disputabile . that is , That if we examine the opinions of the latter writers , vnto whom both Courts and Scholes doe attribute much , we shall finde that some there are among those also , who thought that marriage might be dissolued , or at least that it was a disputable argument . Concerning which matter , though he haue somewhat in Iohn of Andrew for espowsals or marriage that is not finished by carnal knowledge : yet , in that which is consummate he findeth so little , that he is faine to hold him contented with that same Iohn and two more , which are , Panormitanus , and Hostiensis : and hath no more in them neither , but onely that one of them leaueth it to the iudgemēt of others , hauing first brought arguments both against it , and with it ; another but disputeth it only , and thinketh the contrary side to be the more probable : and the third doth but seeme to bee for it also , namely of that opinion , that the Church might doe it . That such things sometimes haue bin done , he bringeth in two miserable examples : the one , that Pope Zacharie , in a case of incest allowed the innocent wife of the incestuous husband to marry againe ; the other , that that Antonius narrat , sibi conspectum fuisse diploma , quo Ro : Pontifex dirimeb at matrimonium ratum & consummatum , that is , Anthony reporteth , that he had ●eene a Bul , wherin the B. of Rome did abolish or dissolue matrimonie that was fully established , and ( by carnall knowledge ) consummate . And one other of good reckoning among vs , hath ( for the former ) added thus much also , that the Pastors & Doctors of the reformed Churches haue perceiued , & shewed , that in such case a man may put away his wife , and marry another . And true it is that divers of them haue resolved on that opinion , and haue published the same accordingly : but whether they haue perceiued or found it to be so indeed ; and whether they haue shewed , or by any sufficient demonstration declared the same , let that ( as yet ) lie in question betwixt vs , till we be further advised of it . Againe , that the Fathers do not so fully consent & agree together against it , as the adversary that hee hath chosen doth beare men in hand that they did : but were many of them for it ; especially , for the first foure hundred yeeres . An argument , that the better it can be proued , the stronger it will be indeed ; both against that adversary of his , & against all others of that company : but simply to beat out the truth of the question , a reasonable good presumption indeed , but that is all . Of those that Erasmus alleageth as not against him , he is if we mark it little better furnished : and his choice is of those two whom before he alleaged : Iohn of Andrew , and Panormitan . And , seeing , the waight of that matter hangeth not on that pinne , I haue not thought good to goe any further , then to so much as himselfe hath gathered . And so as touching the former of thē , the help that he getteth ofhim is this , that proposito casu , an Pōtifex possit indulgere , vt filius unicus Regis monasticus , ducat vxorem , eámque habeat donec gignat prolē masculam : rationibꝰ in utrāque partē adductis , pro neutra pronūciat , rē aliorū arbitrio relinquens . that is , propoūding a case whether the Bishop of Rome , may dispense with a Monke the only son of a King to take a wife , and to haue her vntil he haue begottē issue male of her , bringing in reasōs on both sids , he determineth for neither , but leaveth it at large to the iudgement of others . Which ( we see ) is but one speciall case , and doth not concerne this of ours : and yet that in that case also , although hee doth not pronounce against him , yet in that hee maketh such dainty in so speciall a case as this , hee sheweth himselfe plaine enough how hard hee would bee in the whole generally . And that doth the other more plainely acknowledge , who reciting the same of his , addeth thereto thus much of his own . Ego satis putarem , quod nullo casu Papa posset dissolvere matrimonium consummatum inter fideles , ita quod eligerē partem negativam : that is , I should rather thinke , that in no case the Pope might dissolue matrimony consummate both the parties being faithful , so that I shoulde chuse the negatiue part . So that al the helpe which ( he conceiveth ) he hath in him , is no more but this . Nec hic asseverat , sed argumentum ut disputabile proponit , cujus alteram partem ipse putat esse probabiliorem : that is , Neither doth this man affirme it , but he propoūdeth the argumēt , as disputable , himselfe thinking the other part to be more probable . And so likewise by and by after commending one special reason , for that out of it an argument may be taken , quod etiam Ecclesia nō posset illud dissolvere : that is , that even the Church cannot dissolue it , he gathereth thereon , Rursus hîc non affirmat Ecclesiam non posse dirimere matrimonium consummatum , imòpotius innuit posse : licet ex hoc capite dicat posse sumi argumentum pro diversa parte . Neque statim expugnatum est , quod oppugnari potest argumento : that is , Againe hee doth not here affirme , that the Church cannot breake asunder mariage consummate already , yea rather he implyeth that it may : although he say that out of this place an argument may be taken for the contrary side . Neither is it by and by won , that is at any time by reason attēpted . How poore helps these are , I think that every one will soone perceiue : I for my part wil so much spare them , that nothing at al I wil disturbe them . The argument that they take of the authoritie of those that are against them , is in effect no more but this , that whatsoever is brought by any against that cōceived opinion of theirs , it is al but weake & may easily bee answered . And for this point I haue thought good to note , not only that iudgement before to haue beene in Erasmus abroad : but also , that yet it seemeth in part to remaine in that one of good account among vs at home ( that before I spake of ) vpon whom , diverse I heare doe rest not a little . That Erasmus was of that minde , his words are plaine ; Videbam ea quae objiciuntur , facile posse dilui , citra nostrae religionis injuriam . Videbā rationes quas adducunt hac in causa veteres & neoterici , non esse tam vrgētes , ut adtantam adigant necessitatem hominum genus : that is , I saw that those things that were obiected , might easily bee answered , withou● doing of any wrong to our Religion . I saw that the reasons which the Fathers of old , & the late writers do bring for this matter , are not so vrgent , as to driue mankinde to such extremity . Wherein whether he were deceived or not , or whether hee had but some over-weening conceipt of that his motion , let it rest for me , vntil the cleerenes of the matter it selfe ( being first beatē out ) may teach vs both , whether it be so , or not . But true it is , that before hee had noted some things that might seeme to be no smal part of the foundation and ground of that his opinion : as namely , from what authors such perswasion came , and how wrong they were in some things else besides , even the best of them al. For the former of them , Iam ut demus , saith he , conjugiū legis esse divinae , certe pleraque quae circa matrimoniorum causas tractantur adjus positivum pertinēt , veluti de gradibus de impedimētis , de rescissionibus . Neque haec decreta à synodis celebribus profecta sunt ad nos , sed à privatis Pontificum responsis , &c : nonnunquam à seipsis dissentientibus : that is , Now that we grant that wedlocke it selfe is of the law of God , yet many things that are handled about the causes of matrimony , do appertaine to the positiue lawes , as of degrees , of impediments , of vndoing againe . Neither did these decrees come vnto vs from the more famous Councels , but of the private answers of Bishops , disagreeing sometimes even from themselues . For the latter also , Nec mirum est , veteres illos tam iniquos fuisse divortio , quod & apud Ethnicos fuit odiosum , qui conjugium etiam aegre admiserint , aegrius digamiam , that is , Neither is it marvel , that the ancient Fathers were so hard to allow of divorce ( which was an odious thing evē among the Heathen also ) who did but hardly allow of marriage it selfe , & much hardlier of second mariages . In both which he sheweth himselfe to be of opinion , that this restraint of such divorce as he would plead for , is only of men ( one fowle gawle in the argument : ) & then , that it proceedeth from such mē also , as whose credit ( one way or other ) is , in such cases , but very smal ; for which I meane not here to cōtēd , but wil rather adiourne it vnto such accoūt in the end , as the issue of the cause shal then afford it . And yet so far as I am able to see into it , he needeth not so much to trouble himselfe in spying holes in that iudgement of the Fathers of old , as , in this , to defende his owne . In which respect I marvel the more , that he findeth so many faults with that kinde of divorce which only in this case standeth by law among vs , 1. Primum , saith he , ita licebit divertere , ut posteae vivat castratus & orbus . 2. Deinde si post suspicionem adulterij rem habuerit cum uxore , excidit à jure repudiandi . 3. Adhaet si ipse quoque fuerit adulter , cogetur cū adultera cohaerere . 4. Postremò , particulam exceptionis huc detor quemus , nō ut jus faciat marito repudiandi , sed ut sirepudiet , non facturus sit adulteram , quandoquidem jam adulteram abijcit . Nam id Augustini commentum est : that is , First we haue divorce but so far allowed vnto vs , as that whosoever will vse it , he must afterward liue as a gelded man , and without ( possibilitie of ) children . Then if after suspition of adultery , hee neverthelesse haue to do with his wife againe , then is he falne from the right he had to sue the divorce . Besides , if himself haue committed adulterie too , then must he stil cleane vnto his adulterous wife . Last of al , that particle of the Exception we wrest vnto this , that it shal not giue any right to the husband to put away his wife ( for adultery ) but , if he do it , then he doth not make her an adulteresse , because he doth not put away but such an one as is an adulteresse alreadie . For that is , saith he , Augustines conceipt thereof . Wherein though he did seeme to himselfe , then to haue found many faults in that their iudgements ; and , in the last , with S. Augustine himselfe : yet I doubt not , but that in the end it wil appeare , that therein he troubled himselfe more thē he needed ; and in the meane season , that every one may perceiue that he counteth those such faults , but onely in respect of that presupposall , that such divorce as he requireth , doth vndoubtedly stād on the authority of the word of God , which if it doe not , will soone make those great faults of his to be none at all . As touching that other that is of the same iudgement likewise , he also accounteth that to be weake which is brought against it ; and accordingly dealeth therein : and especially against one , whome hee hath made his choice adversary in it , for whom also , I for my part ( but so far as he hath the truth ) will craue no sparing . More specially whereas S. Augustine is accounted to be the strongest of all against the liberty of divorce for adultery and marrying againe he noteth more weaknesse in that iudgement of his , then others doe that yet I haue seene : both in his owne confession after ; & in mistaking a part of the Text. But how far that weakneth the force of his iudgement is not so needfull for vs to discu●se : as not so materiall but onely to such as rest some parte of their iudgement on him , which in this I meane not to doe . 23 What inconvenient speeches they haue besides , if now we examine , the truth is , that all of them ( lightly that I haue seene ) haue some ▪ but yet that Erasmus , the leader of them , hath therein so far gon beyound them all , that none of them ( so far as yet I haue foūd ) haue attained vnto him . And because inconvenient speeches , though they be no certaine argumēts that the cause is not good that is handled by such ; yet are they faire warnings for any in such case to take heed , because they proceed from a troubled mind , and most commonly argue a want of the truth , and even by that only oftimes are occasioned : therfore it shall not be amisse that we somewhat consider of them , but first of those that we finde in Erasmus ; then , of such as we finde in others . Of those that we finde in Erasmus , there are two sorts : some of his owne , & for which himselfe is to answere ; others , that are none of his , but belonging to such authors as himselfe bringeth in to help to beare out his owne persuasion therein . Those that are his owne , are of two sorts also : some concerning his own iudgement in this matter ; others , concerning the Scripture it selfe . Concerning his owne iudgement in this matter , he hath in such sort ordered his speech therein , that although he hath not plainely set it downe , yet hee seemeth to incline vnto it , both that certaine disorders in making of mariages should be good cause to dissolue them again : and that even the wickednesse of a woman , want of children also ( belike he meaneth of such as are legitimate ; & that he may not so account of those that either he had or hereafter might haue by his adulterous wife ) yea & burning lust also , should be good causes likewise to marry againe . For the former he saith . Apud ethnicos nō erat ratum matrimonium , nisi parentum aut tutorū authoritate comprobatum , ne apud Iudaeos quidem , & tamen apud utrosque aliquo modo dirimi poterat matrimonium . Apud Christianos facilime coit conjugium , & semel initum nullo modo potest divelli . ●urtim inter pueros & puellas per lenones & lenas , inter stultos ac temulentos copulatur matrimonium , & tam turpiter initum indssolubile est , & quod magis est notum , sic initum fit sacramentum . that is , Among the Heathen there is no mariage accounted of force , but that which was approued by the authority of parents or tutors ; neither yet among the Iewes : and yet with both those might matrimonie , some way or other , bee dissolued againe . Among Christians marriages are most easily made , and yet being made , may by no meanes be broken off . By stealth betwixt boies and wenches , by bawds and harlots , betweene fooles & drunken persons haue mariages beene made : and yet , a marriage being so ilfavourdly made , may not in any wise be dissolued ; and , which is the straunger of the two , is become a Sacrament also . To which ende soone after hee doth likewise insinuate , that if the Magistrate or competent Iudge should dissolue such , then were they rightly dissolved by the Ministers of God , which before were naughtily made by the Deacons of the diuel . For the latter , hee saith likewise , At interim seposita paulisper authoritate scriptoris rem ipsam mecum expendat lector , num hae satis graves sint causae cur innoxius maritus debeat alligari sceleratae mulieri , orbitatis molestiam , & libidinis incendium ferre per omnem vitam : ne vel parum prudens habeatur à quibusdam , quod rem quae non successerit , denuo sit aggressus ( quasi turpe sit , qui semel tempestatem expertus sit , iterare navigationem ; aut qui in deligendo amico erraverit , quenquam alium in amicitiam admittere ) vel intemperans , aut avarus , qui formam aut dotem mutare voluerit , non vxorem . that is , But setting aside for a while the authority of the writer ( meaning S. Ierom ) let the reader cōsider with me the thing it selfe , whether these be causes of sufficient importance ( that then men would easily take occasion divers waies , to breake of and to marry againe ) that the husband should be tied to a wicked woman , or that he should suffer either the griefe of the want of Children or the heate of lust all his life long , least he should be accoūted of divers either vnwise , that hauing taken in hand such a course before as did not fall out well with him , he neverthelesse doth take it in hād againe ( as though it were a shame , that hee which once had beene in a tempest , should goe to the seas againe , or he that had beene before deceiued in choice of his friend , should never admit any other into his friendship againe ) or intemperate , or covetous , as though he rather desired to make his exchange of ( more ) beauty or ( better ) dowry thē of his ( so bad a ) wife . Which course of his if any people should establish by law among them , it were hard to finde how it might bee avoided , but that for matters of marriage , & all others thereto appertaining , some would all be cleane out of order . For first as touching so large a liberty of divorcing their wiues away from them , vpon any of those so many braunches of disorderly marriage , we may plainely see , that it would lay open a ready way to many divorces : for because those disorders are such , as that wee may conceiue no hope , that either they will or may be amended . So likewise for marrying againe therevpon , if but the two first causes onely might bee allowed soone should we see , that such a liberty , so freely graunted , would be ( by many ) as freely vsed : but then , if the third should be added withall , that so oft as it would require , it should still be allowed a new and fresh marriage , and not beaten back to the former againe , then as we haue a proverbe in another matter , so should wee quickly finde it in this ( to the shame of our faces that had so taught them ) that but set a begger on horsback , & we may be sure , that he will ride . Concerning both which , although it may be that if Erasmus had beene , derectly demaunded , whe●her he would haue allowed suchliberty or not , he would haue bethought himselfe better , & in the ende would haue denied : yet seeing he hath fensed his speeches no better , but that in the heate of his reasoning for the other , hee hath so farre overslipped himselfe in these , that the reader may probably gather , that he was of that iudgement indeed , therefore must he now be content , that these also bee taken for part of his inconvenient speeches . Concerning the Scripture it selfe , he hath so many hard speeches of the same ( such I meane as may be taken ill , and in appearance doe most incline therevnto ) that it may seeme , that both he found that new motion of his to bee very much crossed thereby , and that hee could not quietly beare it , that so it should , and therevpon vttered those speeches of it : somewhat of the whole generally ; but much more , of Saint Paule more especially . Of that which hee vttered of the whole generally , I haue noted no more but this , and that but only towardes the ende of his Treatice . Videbam Scripturam , saith hee , hac in parte , ut plerisque , esse perplexam & ancipitē . That is , I saw that the Scripture was in this point , as in many others , intricate and doubtful . Of which , for this point , albeit he had some probability so to say , so long as those places aforesaide were so much mistaken , & by so many , as they were : yet those places being duly considered , we may now plainly perceiue , that the Scripture is plaine inough for the negatiue of that Motion of his ; and that al the hardnes and doubtfulnesse of it , is for his Affirmatiue only . Which might and should ( I thinke ) haue taught him , rather to haue suppressed that his doubtful motiō , than for it so hardly to speake of the Scripture it selfe . That which he vttered of S. Paul more specially is dispersed almost throughout this whole Treatice , especially while he answereth the places ( after this manner ) that are brought against that opinion of his . For in answering the fifth of Matthew , Non probat Paulus , saith he , digamiam : & tamen , ob incontinentiam permittit , quod non audet exigere : satius esse judicans , nubere quàm uri . Et nos de rigore divortij , nihil omnino relaxamus ? that is , Paul doth not allow the second mariage , or a widdow to marrie againe : and yet for incontinencie he suffereth ( as I take it ) the second marriage , which he dareth not require ( or as I take it , as more agreable vnto his meaning , howsoever the words do somwhat vary , that he alloweth to marry againe ; because he dare not so strictly require that they containe ) thinking it better to marry , than to burne . And do we release nothing at al , of the hardnes or rigor of divorce ? In which speach of his the inconveniencie that I speake of , resteth especially in these two points : that Saint Paul allowed not of widdowes marriage ; & , that himselfe accoūted , that to allow of divorce no farther than it was then ( which notwithstanding was as much , as any of vs may lawfully challendge ) was too hard and rigorous dealing . The text is the 19. of Matthew , wherein while he dealeth , there he saith againe , Paulus indulget humanae fragilitati , relaxans saepenumero Domini praeceptum . Cur nō idem facere possit Romanus Pontifex ? That is , Paul beareth with the weaknes of man , releasing oftimes the Lords commaundement ( what ? often : where once ? ) Why may not the Bishop of Rome do so likewise ? what else ? Cōming to those places that the Apostle hath , and beginning with that which he hath in the seaventh to the Romans , there he findeth his motion so probably at least , but I would rather say so strongly crossed , that it must be , Paulo peculiare , nihil non torquere ad Evāgelij negotium , pia , Christianáque vafricie , &c : that is , Pauls fashion , to wrest any thing for the Gospels sake , with a godly and Christian subteltie . And anon after , on that other place in the seaventh of the first to the Corinthians , in effect al one with that to the Romans , he also is the same that he was before . For there the Apostle ( with him ) must be lubricus in disputando , nunc huc se proripiens nunc illuc : that is , slipperie in disputing , shifting himselfe , now hither now thither : therein alleadging Origen besides , something to accord to his iudgmēt therein . And on the latter of those two places in that epistle to the Corinthians ( which though it be in the Text before , yet is it cōmonly taken after as a several place by it selfe ) there also both he calleth the law of God , the Apostles law , & by & by after , he doth charge him with rigor also . For as touching the former he saith , verùm haud scio , an Paulus tribuerit hac in parte nonnihil suae legi , &c : that is , But I know not , whether Paul in this point did attribute much to his owne Law : and for the other , Quod si Paulus tribuerit hac in parte nonnihil suae legi , &c : that is , But I know not , whether Paul in this point did attribute much to his own law : and for the other , Quod si Paulo proposita fuisset hujus modi causa , stultus cum stulta , puer cam puella cōtraxit , &c : fortasse pro causae circumstantijs aliud responderet Apostolus , & nonnihil relaxaret de rigore consilij superioris , sua scripta civiliùs nobis interpretaretur , quàm nos interpretamur : that is , But if such a case had beene to Paul propoūded , one foole with another , a boy and a wench haue married togither , &c : it may be that the Apostle , according to the circumstances of such a case , would giue vs some other answer , & would remit vnto vs no smal part of the rigour of that his advise , and would interpret his writings more civilly vnto vs , thā we our selues are wont to take them . Where also we may farther note , that he tearmeth it ( if hee keepe to his place ) but the Apostles advise or coūcell , which the Apostle himselfe calleth the Lords commandement : and that hee doth something insinuate farther , both that the Apostles rule was not absolute ( for that , in the case that he did put , hee thinketh that he might haue given it another answere ) & that the Apostle himselfe were so flexible , that in curtesie he would haue yeelded something vnto them in that matter . And last of al , towards the end of that Annotation or Treatice of his ( that yet he may part with him in friendlie manner ) he giveth this speciall commendation vnto him , that he is so careful of the salvation of others , that to that end , nonnunquam etiam detorquet sacras literas , that is , hee often even wresteth the holy Scriptures . But the Scriptures , it is wel enough knowne , do so directly tend to the salvation of vs and therefore need so little to be wrested to that end , that we haue heere mo wonders thā one : first , that Erasmus could ever so write of the Apostle , and did not rather suspect his own motion , when he saw whether it brought him ; then also , that others , so many , and of so speciall reckoning , did not take that as a warning to them to haue seene somewhat better vnto it , that therein they had not followed him so much as they did . As for those others , that are none of his own , but found in those Authors that himselfe bringeth in to helpe to beare out his owne persuasion , I note no more but this , that whereas there he alleageth but only three of the ancient Fathers ( Origen , Tertullian , & Ambrose ) yet even in those , & in every of them , himselfe hath noted somewhat withall , that may crack their credit for this matter : a crasie point of doctrine belike to bee tried by the Fathers , if it had no better help then he then knewe of . And though he might haue made better choice then so , yet that also , in this case had little holpen , because it is not by them , that the estate of the question standeth , as now wee set it . So , for these we shall not need so much as to recite them , but may better referre those that would see them to the place it selfe ; yet this notwithstāding is worthy the marking , that most of the learned ( that yet I haue seene ) that since haue followed that course , do in like sort rest on those Fathers also and lightly goe no further neither : whereas we haue one of our owne , that hath so far inriched that point beyond them all , that although it be not such as is thought meete to be published , and was written but on speciall occasion ; yet therein we may see more learning vttered for that matter , then in any of those that in other countries haue written thereon , though we ( in our wonted humor ) haue them in better account . 24 Of those that wee finde in others , there bee two sorts : one , that is common generally vnto all ; and others that are proper only to certaine of them . That one that is common generally vnto them all , is , that they doe so resolutely make it to bee the duty of the Magistrate to punish adultery by death , & account it his negligence if he do it not . All which kinde of speeches I account inconvenient in two respects : first , because so they doe imply ( withall ) a point of doctrine , more then they ought ; then also , for that most of the Magistrats of all Christendome are such , as , if it were wrong , yet could they not help it would they never so faine . That point of doctrine which those speeches do implie ( withall ) more then they ought , is , that the Judicialls of Moses should of necessity be obserued in our government also ; or , that Christian Princes are bound to obserue the same : a point of doctrine that divers are oftimes leaning vnto , but such as may not be vniuersally held ( I meane , for all those Judicials ) neither is it further vrged by the better sort but according to the equity of them , & the negatiue plainely held by this Church of ours . That most of the Magistrates of all Christendome are such , as that , if it were wrong , yet could they not help would they never so faine , it is plaine enough in it selfe , for that they deale with no power over those that are vnder them , for lands nor goods , life nor lim , but so far as those lands by which they govern allow vnto them : & that no lawes are allow'd to stand in force among vs , but only such , as wherevnto all the estates doe first condescend . And then , if the Magistrate ( although it were a thing to be wished , and himselfe were , for his part so inclined also ) be so little able to doe it , they do by such speeches , not onely farther charge him then there is on his part any cause , but also let downe no small part of his credit or honour among the people , which they should rather seeke to maintaine , knowing that the people are ready enough ( of themselues ) to thinke so meanely of their Superiors , that they need no such provocation vnto it . Those that are more proper to certaine of them , are two : one , that they bring in so many things else , to dissolue the band of marriage ; the other , that some of them accoūt it so much against duty , to forgiue their offending wife . If many waies else marriage may be dissolued in the iudgement of divers of them , then ( in their iudgement ) were it but a loose and a slender band : which notwithstanding the word it selfe maketh to be the strongest and fastest of all others , aboue that which is betwixt neighbours and friends , yea and betwixt Parents and their children , either by the duty of the one , or by the naturall loue of the other . That divers of thē account that many waies the bond of wedlock may be dissolued , Peter Martyr is of that credit among vs , that his only voice may stand for many , and teach vs also to conclude , that if he be a Patron of that opinion , then is hee not likely to want other followers besides . He therefore , when he is handling of that point , that man & wife must keep together , addeth therevnto , that he doth not so say , quasi nunquam liceat conjugibus quandoque à se invicem dividi , vel per morbum , vel per aliquas graves incidentes necessitates : sed ut cōjuges intelligant , nihil per suam voluntatē debere obstare , quin simul habitent , neque refugere debent , ut unà vivant . that is , As though it were never lawfull for married folk to be sundred againe the one from the other ; either by disease , or by some other speciall necessities that may befall them : but that maried folke vnderstand , that , by their owne good will nothing should let , but that still they cohabit , and that never they ought to shrinke from living together . And by and by after , putting the case of an Atheist , though a while he make some question thereof , quia non licet de quopiam , dū vivit animum despondere , &c. that is , because we may not dispaire of any man while he liueth , nisi manifesta & praecipua revelatio de damnatione illius intercesserit . that is , Vnlesse some manifest and principall revelation shall bee given of his condemnation ( an hard case to bee found : ) yet afterward he plainely concludeth , that a faithfull woman may depart from such an atheist husband , if in the meane season he blespheme and curse Christ , and will not suffer , either that himselfe bee therein reproued , or the truth of Christ be by her acknowledged . But in the next two Sections following , both he setteth downe the same liberty for the one that is weake , and by the other partie drawne from that faith by little and little : and and answereth besides divers obiections that he taketh to be strong against it . Item si contingat , saith he , ut conjux fidelis debilis sit , & sentiat ex eo matrimonio se de religione Christiana paulatim deijci ita ut abducatur quodammodo à fide , ac in idololatriam ex idololatrarum convictu in procliui sit ut ruat . that is , Also , if it fall out that the party faithfull be weake , & findeth it selfe , by the reason of that matrimonie , by little & little to be carried away from Christian religion , so that he bee after a sort led away from the faith , and be in some special danger to fall vnto adulterie , by the reason of his conversing with idolaters : in this case his resolution is , Non opor tet ut maneat , that is , he is not bound in ●uch case to tarry : and his reason is , for that we may not doe evill that good may follow . To which ende also , vpon that place of the Apostle he added further , that it is apparant , sententiam Christi , quae tantum excipit scortationem , non esse completam , cum hîc Apostolus alteram adjecerit : that is , that the sentence of Christ , whereby hee excepteth no more but fornication only , is not complete or full , whēas the Apostle doth here adde another cause besides ; hee meaneth , when the infidel departeth from the faithfull , in cause of religiō . Zegedinus followeth the selfe same course to speak of , first in that same sentence of Christ : then in that presupposed libertie of divorce . On that sentence of Christ , Quidam , saith hee , literae , seu dicto Christi mordicus inhaerentes , clamant propter solam fornicationem matrimonia dirimi posse . Verum , cum Paulus permittat repudium palam mulieri fideli , si propter religionem negligatur , & abjiciatur à viro infideli , ac significet , nō in fornicationis tantum & infidelitatis casibus , fratrem aut sororem ab altero separari posse sed & in similibus ( ait enim , non est servituti subjectus frater aut soror in hujusmodi , ubi paria peccata intelligit ) liquidè ex his constat , Christum fornicationis nomen in genere accepisse per metonymiam , ac nomine fornicationis seu stupri includere ea scelera quae fornicationi paria , aut certè majora sunt , excludere autem minora : that is , divers cleaving vnto the letter or speech of Christ over-precisely will needs haue it , that marriage may be dissolved , for no cause else , but only for adultery . But seeing Paul doth plainly allow of divorce vnto a faithful woman , if for religion she be despised , and cast out by her vnbeleeving husband ; and signifieth withal , that a brother or a sister may bee separated againe , not only in case of fornication and infidelitie , but also in others such like besides ( for he saith , that a brother or a sister is not brought into bondage in such things as these , where he vnderstandeth such like sinnes : ) it doth plainly appeare by these , that Christ by the figure of Metonymia did largely take the name of fornication , & that vnder the name of whoredome hee did include all such crimes , as were as great , or greater than it , and that he did exclude or shut out of the same but only the lesse , and his reason is , Qui enim posset Apostolus contra praeceptorem suum docere ? that is , For how can the Apostle teach that , which would be contrary to his Masters doctrine ? In that presupposed liberty of divorce hee saith likewise , Fieri non potest , ut rei foedae nomine intelligantur leves causae , ut vel morū culpa , vel corporis vitium quo maritus offendatur : excludantur verò majores causae , quibus matrimonia magis dirimi possunt : that is , It cannot be that vnder the name of some vncleane thing ( spoken of , Deut. 24.1 . ) smal matters should be ment , as some fault in behavior or manners , or some deformitie in the body , wherewith the husband may be offended : and that greater matters should be excluded , for which marriages might be much rather dissolved . That it should be so much against duty , to forgiue the wife that so hath offended , Mr Beza is both very plaine and copious therein , as having of purpose handled the same : and yet more moderate therein than some other are , and therefore I rest only on him for this matter . And of this matter he setteth two principal questions : the one , of detecting such a wife to the Magistrate ; the other , of receiving her againe to favor . Concerning the former , first he setteth the question , An teneatur innocens persona nocētem deferre , that is , Whether it be the duty of the innocent party , to accuse the other that hath offended vnto the Magistrate . And his answere ( in effect ) is , Magistratui inprimis indicare maritum vel uxorem praecipue decet , ne dum praepostera charitate alienum peccatum fovent , justam lenocinij suspitionem incurrant : that is , that right wel or chiefly it becommeth either the husbād or the wife to complaine thereof to the Magistrate , least while they with a preposterous loue do cherish the fault of the other , they incurre a just suspition , that they are no better than bawds themselues . And being then farther demanded , whether we may not privatam injuriam condonare , that is , forgiue our owne private iniurie , hee so far intitleth the Common-wealth vnto it , & maketh it to come so neere vnto Anabaptistrie , that he cannot allowe it : and he addeth in the end , Nā certè Christiana charitas malis non favet , that is , For certainely Christian charitie favoureth not ( either evil things , or as I should rather take it ) those that are evil . So likewise , being further vrged with the example of Ioseph , that did not deale so hardly with Marie his espowsed wife , and that he was commended for that his moderate dealing , he answereth that it was but doubtful in him , and that hee had no certainty of it , and therefore , that in that respect , he did the best , as his case was . But what letteth , but that a man might rather thinke , that Ioseph made no doubt of the matter ( as then also himselfe had gon too far ) but thought himselfe very certaine of it ? then is this obiectiō vnanswered as yet . And Mr Beza him selfe alloweth Ioseph thus much to put him out of doubte of the matter ( if that may serue ) that uterus eminens praegnantem esse demonstrat , that is , that her belly being growne so great as it was did plainely shew her to be with child : & so , that he , ejus videlicet rei quae extra ordinem contigerat ignarus , that is , ignorant of that matter which had befalne her extraordinarily , might wel haue thought ( & without any doubting , with himselfe ) omnino ab aliquo gravidatam esse , that is , that certainely ( omnino ) shee had by some body beene gottē with child . So it seemeth ( even by that which M Beza doth allow him ) that he was nothing doubtful of it : but only that he was therin deceived . Again , being further pressed , that in this case also privat admonitiō should go before , at least amōg friends , & that rather the Church than the Magistrate ( as themselues are wont to speak ) or some certaine persons should bee first sought vnto , hee both liketh not of that neither , and bringeth in certaine reasons to be assistant vnto him therein : but yet in the end addeth thus much withal , Dixi quid hîc mihi videatur . Suū cuique judicium esto , modo ex verbo Dei unusquisque sapiat ▪ that is , I haue said what I mee selfe doe thinke of this matter . Let every one iudge as himselfe thinketh good , so that no man goe any further then hee hath the word of God to leade him . Concerning the latter , he first likewise propoūdeth the question : and then setteth downe his judgement on it . The question is , An , inforo conscientiae , nocentem personam convictam teneatur innocens ablegare ; an verò poenitentem rursus recipere . that is , Whether in conscience ( before God ) the innocent party be bound , quite to put away the offender being once convicted of it ; or vppon repentance to receiue him againe . In which point , when first hee hath graunted that many of our great Divines , both old and new , do little agree among thēselues , and , in his iudgement , illos quidem nimium adversus nocentem rigidos , istos verò nimium faciles videri , that is , That one sort of them seemed to him to bee too rigorous to the partie offending , & others to be over easie : yet thē he so taketh against those that hee accounteth too easy , that little or nothing he differeth from those that he thought before too rigorous ; rather shewing ( and that rightly in deed ) that the reasons whereon they grounded that austerity of theirs were to weake to beare it , or , that , those reasons did not so conclude ; then that hee doth so much dissent from their iudgemēt therein . For he findeth no more in them ( in neither of those whome there he nameth , Ierom , and Bucet ) but only the negatiue , that the offendor may be retained ( which he accounteth so great austerity ) and yet himselfe , though in some case he doth qualifie the same , yet in some other hee draweth very neere vnto thē . His qualificatiō is , that , he doth not condemn him , qui uxorem resipis centem recipiat , that is , who receiueth his wife vpon her repentance ▪ and againe , Deinde , vt modo dixi , non nego posse iterum admitti adulteram resipiscentem , that is , Moreover , as before I said , I doe not deny , but that an adulteresse , if shee repent , may bee admitted againe . And elswhere he yeeldeth somewhat further also , as on other occasion before I noted . But as in this place hee yeeldeth thus much , so are we to note that he addeth withall that which doth ( if it be marked ) not a litle impeach that which is granted : and first , though there be repētance afterward found , in her that had committed adultery before ; but thē especially , if the party offending as yet repent not . For though the adulteresse doe repent , yet first hee saith , that multae aliae justae causae esse possint , cur adulteram quantumvis resipis centem , in thorum rursus non admittat , qui tamen alioqui illatam sibi injuriam ex animo condonavit : that is , that there may be many iust causes , why a man doth not admit his adulterous wife to his bed againe , though shee repent never so much , who yet notwithstanding from his heart forgiveth the iniurie that is done vnto him . Wherein seeing he setteth downe , that there be many iust causes , and that a forgiuenes from the heart may be ( betwixt man & wife ) without bedding togither againe ; though neither he name any of those many causes , nor sheweth how such forgiuenes may stand with such strangnes too : yet such as are corruptly inclined in those matters , may easily finde matter enough to their contentment , wherewith to feed that humor of theirs , both in the one , and in the other , so rawly left as there they are . Then also hee addeth further , that he is not of minde , that a man is bound in conscience to receiue the adulteresse againe , though shee repent , sed , post modestam Ecclesiae adhortationem adhibitam , unumquēque suae conscientiae relinquendum , that is , but after some sober exhortation given by the Church , that everie one is to be left to his owne conscience , and that they vsed the selfe-same order in the Church of Geneva : ( such as most of thē are , that stickle so hard for the liberty that now we speake of ) would in such case lightly desire , both in respect of the weaknes of those ( to restraine any disorder of theirs ) that M. Beza here meaneth by the Church ; and especially in respect of that liberty , that when the Church hath said what it will , then may these notwithstanding freely do as themselues thinke good . But before the adulteresse repent , his iudgement is plaine , that the husband in no wise may receiue her againe : little differing from that rigour of those others before . For by another occasion speaking of receiuing the offender againe , ante resipiscentiae testimonium ▪ that is , before some proofe of repentance be giuen , he plainely saith that fieri non potest , quin sceleri faveatur , that is , that it cannot be done , but that wickednesse must needes be favoured . A sufficient token , that so to receiue an offender againe , hath at all no favour with him : and thereby also a sword giuen into the handes of those that are of that humor , to be long enough avenged on the offender , til they may finde tokens ( to their contentment ) of true repentance . So haue wee hitherto partly seene , both how weake reasons they haue , and what inconvenient speeches ( besides ) they haue now and then interlaced among them . 25 Now to examine the places themselues ( for the true sense and meaning of them ) for the better vnderstanding of the order ensuing , wee are first to acknowledge , that when we haue gathered the meaning of them , and withall haue made it reasonable plaine , even out of the consideration of the places themselues , yet is it not vnlikely , but that it will hardly sinke in the mindes of others , vnlesse some doubts be answered withall , which otherwise will much prevaile with many : and therefore are we first to set downe the meaning of them ; then , to consider of those doubts that seeme to be so strong against it . And to finde out the meaning of them , wee are first to set by that which is not : then , afterward to declare that which is . That which is not , being first set by , both the most of the busines will bee dispatched , and the other wil then more plainely appeare : but herein also wee are not barely to set downe the negatiue , that I meane vnto it ; but also to adde some such proofe therevnto as may not well bee wanting from it . The negatiue that I meane vnto it is this , that whatsoever Christ by those wordes meant ; yet this , in no wise , seemeth to bee his meaning therein , that thereby hee would giue them liberty , so to divorce themselues the one from the other . That which I thought needfull to ad therevnto , & is not meete to be wanting from it , least so it should stand as a bare negation , resteth on two principall grounds : one , that Christ himselfe should not seeme to bee so favourable vnto it ; the other , that the nature of wedlocke doth not well beare it . That Christ himselfe should not seeme to be so favorable vnto it , seemeth to be a cleere case , being well considered , for that we shall finde , that there was never any such allowed before , nor after neither : namely that for adultery men might so part with their wiues , as that therby theywere at liberty to mary others . In thenew Testamēt we never thought that we had any such liberty but only so far as these words of his would help vs. But in the old Testament we thought wee had many ; at least those two : the one in Deuteronomie ; the other , in Malachie . And therefore so long as those stood in that credit with vs , wee thought the sense of this Exception of Christ might well be , that hee allowed that liberty for adultery to all , that was allowed by Moses and Malachie , for lesser matters , to the Iewes before . And indeed that collection had beene very good , for that both Moses and Malachie also wrote those things not of their owne private motion , but as they were therein directed by Gods holy Spirit , which spake by the Prophets . But now if we finde , that these also doe faile vs , then must wee graunt , that now wee haue none : and so consequently , that , if Christ in this exceptiō hath allowed that liberty vnto vs , it is such a thing as himselfe hath only done , and not one of his Prophets before , nor Apostles since . Which thing ( for my part ) I thinke would proue a strange assertiō , that Christ in his holynesse should giue further liberty to that natural inclination of ours , then ever any other of his servants had done , before , or after . And for that matter wee neede go no further , then to themselues , that are for such divorce and marrying againe : and not vnto all them neither , for that fewer wil serue our turne . Mr Calvine therefore insteed of the rest ( and one that in weight may well stād , in matters of iudgmēt , in most of his writings , formany of them ) even in his Harmonie on the Gospels ( which was , as I noted already , some few yeares before that wee find that he had noted how that place of Deuteronomie was mistakē ) saith reasonably wel for that matter . Duobus capitibus ( saith he ) rem totam concludit : or dinem creationis debere esse instar Legis , ut vir conjugalem fidem tota vita co●at . Divortia autem esse permissa , non quod licita sint , sed quia cum praefracto & indocili populo negotium erat . that is , Hee shutteth vp ( meaning of Christ ) the whole matter in two principall points : ( one ) that the order of creation should be insteed of a law , that the husband al his life long should keepe his promise made in marriage ; ( the other ) that divorces are suffered , not as though they were lawfull , but because they had to doe with a stubborne and vntoward people . But yet more fully , on that place it selfe in Deuteronomie . In the beginning of that his Treatice , Quod ad divortia spectat , saith he , quamvis per indulgentiam concessum fuerit Iudaeis , pronunciat tamen Christus nunquam fuisse legitimum , quia primae dei institutioni , ex qua perpetua & inviolabilis petenda est regula , palàm repugnat . that is , Concerning divorce , although by sufferance it were graunted vnto the Iewes , yet Christ pronounceth , that it was never allowed vnto them as lawfull , because it doth plainely crosse the first ordinance of God , out of which the rule of our life is to bee taken , and ever inviolably to bee kept . Againe , Et certè scheda vel libellus divortij marito nonnihil asper gebat dedecoris , that is , And truely that instrument or bill of divorce did not a little discredit the husband . Lastly , even in the end , Ita admoniti fuerunt Israëlitae , quamvis impunè vxores reijcerent , licentiam tamen hanc minimè coràm Deo excusari . that is , So were the Israelites admonished that although they put away their wiues without any danger of punishment for it , to bee inflicted on them by law , yet that so to haue vsed their libertie , they could in no wise excuse vnto God. Quibus adijci potest , saith Gualter , viros saltem in speciem bonos & honestos , libellos repudij non facilè dedisse . that is , Wherevnto may bee added , that such men as but in shew ( or as they would themselues bee accounted ) were good and honest did not easily giue those bills of divorcement . By which speeches , and their hard ( but iust ) censure of divorce , it appeareth , not onely that no man of reasonable honestie did lightly vse the benefit of it : but also that it was not thought a thing lawful neither before God. And may we then thinke , that Christ would grant any such ? For if they reply that that divorce that they vsed was ofti●es for smal matters , & so not this that now is spoken of which is for adultery : true indeed that they vsed it for smal matters oftimes ( but then much rather , by al likelyhoode , for this also , seeing the iudgement of death was so little executed amōg them ) but yet that we know of none other besides ; & then , that stil it remaineth true which I said before , that if Christ allowed of such a divorce , himselfe is both the first & the last that hath done it . That the nature of wedlocke doth not wel beare it , it may appeare by that which is said before of the weak reasoning of those , that cōclude the bond of matrimony to be by adulterie broken , which is notwithstanding but the offence of the one part onlie . Concerning which , although Mr Calvine tooke not to himselfe the benefit of it , as wee saw before : yet did hee there set downe both a very good rule ; and a reason for it besides . The rule is this , Sanctius est conjugij vinculum , quàm ut hominū arbitrio vel potius libidine solvatur : that is , The bond of Marriage is a more sacred thing , than that it may be dissolved againe , when a man thinketh good , or rather when his lust doth sollicite him vnto it . His reason is , Tametsi enim mutuo consensu sese conjungunt vir et uxor , Deus tamē nodo indissolubili eos astringit , ne postea liberum sit difcedere . Additur tamen exceptio , &c. : that is , for although mā and wife doe ioine themselues togither with their owne mutual consent : yet doth God ( otherwise ) tie thē togither with such a knot , as may not bee loosed , that afterwarde they may not sunder themselues againe . But yet there is added ( saith he ) an exception , &c. : meaning this that nowe we speake of , and so himselfe doth make little vse of the benefit of that his good observation that he leaveth to vs. For howsoever men & women may of themselues ioine togither in holy wedlocke : yet when so they are coupled , thē are they also in such sort ioined togither by God himselfe , that themselues cānot breake the bond againe , as before is declared . As Mr Calvine againe saith elsewhere , Penes virum non est , matrimonium facere irritum : that is , It is not in the husbands power , to make void his matrimony : though himselfe there also , desire no farther advantage of this general rule , but only that marriage by domestical cōtention bee not dissolved : a small matter in comparison of that , which therevpon hee might iustly require . And therefore the councel that in another place he giveth , is so much the rather in this case to be regarded , for that we may haue good hope therby , that this Exceptiō of Christ wil rather sort it selfe to some other meaning , than to allow vs so strāge a liberty . Sed videant privati homines , saith he , ne sua vitia legum patrocinio tegentes , culpam eorum duplicent . Nam hic Dominus obliquè Iudaeos increpat , quasi ipsis non sufficiat impunè suam proterviam tolerari , nisi Deum iniquitatis suae authorem inscribāt : that is , But let private men take heed , that while they seek to cover their sinnes vnder the patronage of lawes , they so make not a double fault . For here the Lorde doth covertly reproue the Jewes , as though it were not sufficient for thē , to haue their naughtines ( therein ) to be without punishmēt , vnlesse they made God also to be the author of that iniquity of theirs . As Iohanan and his company , being purposed before to go downe into Egypt , yet would see if they coulde haue obtained the consent of Ieremie so to doe , that so they might seeme for to haue done it , if not with the Lords direction , yet at the least with his good leaue and licence first obtained . As Balaam also would faine haue gratified the king of Moab in that his bad suit ; but yet woulde first very gladly haue had the Lords allowance therevnto , if by any intreaty he could haue obtained it : but hee , for greedines of the reward ; and these , for the loue of their wanton pleasures . 26 What then should be the meaning of these tvvo places that now we speake of , to the end that we may the better finde , because they do something varie , therefore it is needful , that we take them severally . First therefore to begin with that in the fift chapter of S. Matthews gospell , there will it bee needeful , first to search out his meaning therein : then to answere one speciall Obiection that properly to this place appertaineth . To search out the meaning of Christ herein , we had neede to consider not onlie how we may safeliest take it : but also , what we haue to induce vs so to do . As touching the former it cannot be denied ( neither is it , that I know of , by any ) but that in that notable sermon of Christ on the Mountaine , calling his auditory from the loosenesse of those daies , among other things of that nature , he also tolde them , that whereas it had been said of old , that whosoever did put away his wife , should giue her a bill of divorcement , he now saide vnto thē , that whosoever did put away his wife except it be for fornication , should cause her to commit adulterie , & that whosoever married her that was divorced , shoulde cōmit adultery also . Which words , as it seemeth to me , we may safeliest take in this only sense , that Christ did shewe himselfe thereby , at that time to seeke no more at their hands , but only so far to restraine that liberty of divorcing their wiues , as that they did it but only for adultery : not meaning to shew that hee would allow that liberty vnto thē ; but only that now he would so far restraine it . That which we haue to induce vs herevnto , I meane , so only to take it , and not to stretch it further , resteth on two principall cōsiderations : one , certaine circumstances of this present place ; the other , such like in many other places of the Scripture besides . The circumstāces of this present place , are two : one , of the time ; the other , of the persons who were his Auditory at this present . The time was shortlie after that first he began to preach , having gathered manie of his disciples , and done such miracles , that now the people began to resort apace vnto him . At which time Christ might wel thinke good , so far to beare with their weakenes and rudenes , as not to require ( at that time ) of them , the vttermost of that which rightly he might . His Auditory consisted on two sorts : the common multitude ; and those his disciples that then were . The cōmon multitude we may very wel thinke to haue beene so rude then , that wel his wisdome might so farre forbeare them . The disciples were of the common sort before , & but lately come to Christ : and so consequently not vnlikely to bee almost as ignorant yet , as they were before ; and almost as much wedded vnto such libertie , as in the loosenes of that time had growne vp among them , as the residue for the most part were . His Auditorie therefore consisting of such , it is no absurd thing to conceiue , that hee meant hereby to presse them no farther than so , and not to grant as allowed vnto thē , whatsoever now hee thought good , to leaue out of the bounds , that so he named . As , whē men are disposed sometime to take in some part of their land that lyeth towards the land of others , though vpon some speciall consideration they set not out their ●ense so far as they might , yet doth not that by and by import , that they abādon the rest , or leaue it to others . For in such case they may so take in that which in such sort they compasse about with their ●ense , that neverthelesse they doe not meane to disclaime in the other neither . So in this , Christ may in such sort restraine that loosnesse of theirs , within those boūds that there hee set downe : that neverthelesse there may bee much without them also , that hee will not allow vnto thē . And the rule is good , that wee take good heed , how we doe gather any thing that is not said , out of that which is at any time said vnto vs. For , seeing it pleaseth God , not only to lead those , that seeke vnto him for the same , to all the parts of such holynesse and righteousnesse as is accepted with him , but sometimes also , in an easier course to deale with the common sort , and so to restraine some things vnto them , that neverthelesse he leaveth them further libertie out of the restraint , then hee can like of that they shall vse : it may very well bee , that Christ did not meane hereby to teach the vttermost perfection in that matter ; but onely as Civile Magistrates doe , restraining such things as they hope they may obtaine , winking at others , and altogether passing over thē in silence , if they feare that they can do no good therein . And seeing it is graunted of all , that that presupposed law of Moses was political , what letteth but that this ofChrist may be so too ? Zegedinus , one of those that is for divorce and marrying againe , doth plainely say it , though vnto another ende . Potest , saith he , & hoc responderi , dictum Christi de repudio , ad legem judicialem pertinere : quae pro ratione temporis , loci , personarum , seu subditorum mutari , aut saltem mitigari potest . that is , This also ( saith hee ) may be answered , that that speech of Christ which is of divorce , belongeth to the Iudiciall law : which , according as the time , place , and persons shall require may be either cleane chāged ; or , at least , made more easie to beare . And then , if we may take it to appertaine vnto the Iudicialls , and to bee politicall ( as no doubt it is the fairest , in that sense that before I noted , neither can there be any thing of moment , I am fully persuaded , brought against it ) first Musculus , another of them , plainely faith , Civiles leges multa non bona permittunt , propter subditorum malitiam , ne status publicus perturbetur : againe , nec omnia mala vetant , nec omnia bona praecipiunt . that is , Civill lawes allow of many things that are not good , because of the vntowardnesse of the people , least otherwise that publike estate should bee hurt thereby . And those lawes doe neither forbid all things that are ill , nor giue in charge all things that are good . Master Calvine also , another of them , Perperam , saith hee , sumebant piè sanctéque vivendi regulam ex jure civili . Nam leges politicae interdum ad hominum mores flectuntur : Deus verò , legem spiritualem ferendo , non respexit quid homines possint , sed quid debeant . that is , They did il to take the rule of holy and godly life out of the Civill law ( meaning the Iudicialls of Moses . ) For politicall lawes are sometimes framed to the waies or maners of men : but God in giuing forth the spirituall law , did not respect what men are able to doe , but what men ought to doe . Againe , Magistratus multa quae non probabit , cogetur tamen ferre : quia nunquam ita praeclare agetur cum genere humano ut cohibeantur omnia vitia . Est quidem hoc optandum , ut nullum vitium toleretur : sed videndum quid fieri possit . that is , The Magistrate shall be compelled to suffer many things which he cannot allow : because it wil never goe so well with mankind that all sin may bee restrained . It is indeed to be wished , that no sinne at all were suffered among vs : but we must consider , what we may bee able to doe . And therefore as Musculus saith againe , of that praesupposed Law of Moses , that Christ did teach , that it was not giue● to any such ende , ut quod in se illicitum , coram Deo reddat licitum , that is , To make that lawfull before God , that is vnlawfull in it selfe : even so , not only wee may safely take this exception of Christ ; but also it will soone be found , as I doe take it , to bee the most approued sense that any way else we are able to finde , if indifferently we consider thereof as we ought to doe . In many other such like places of Scripture besides , we may so plainely find such sparing of the rude and ignorant people to be of God , as that it need not to be thought any derogation to the glorie of Christ , if so be wee take that onely to bee his meaning therein ▪ and first , in the old Testament ; then , in the new . In the old Testament wee finde such like dealing in two speciall Prophets : Moses the one ; and Elizeus , or Elisha the other . Moses , so soone as ever he found , that God had put on him some special glorie , that the people were not able to behold his countenance for the brightnesse or shining of it , by and by put a vail on his face while he was with the people : which notwithstanding hee did put off againe , when hee talked with God. Afterward , when hee gaue them lawes , and was not ignorant of their greate loosnesse in many of their waies , and namely in taking more wiues then one , and in divorcing such as they had , albeit he knew them wel enough , and spake of them too : yet did hee make no law against them , nor so much as reproue them neither . Elizeus also , when his new convert Naaman did seeke to haue the Prophets approbation , that he might ( in one case ) a little halt betwixt God and Baal ( at least , as it seemeth that his wordes did therevnto tend ) the Prophet did nothing at all reproue him , but after the vsuall maner did bid him farewell . In the new Testament we haue the like , not only in divers of his servāts : but also , in the Master himselfe . In his servants wee haue such things , both in divers of them severally : and in the whole body of the chiefe of them all , iointly together . Of those that are severall , first we haue that faithfull one that came before him , vtterly denying ( for the peoples weaknesse , whom hee found to bee ready to haue him in over great admiration ) that hee was Elias : which notwitstanding in two severall places Christ doth as plainely ascribe vnto him . An other that followed , being in hand to speak of Melchisedek , and then remembring that such things as were to be spoken of him , were many of them hard to be vttered , and withall that those to whom hee should vtter them , were of a dul & hard vnderstanding , doth suddainly breake off the course of his speech , even in respect of that weaknes of theirs because yet they were not capable of so high points of doctrine as those . In the whole body of the chiefe of them all iointly together ( I meane the Apostles and many other of the faithfull assembled together , in a Councell at Ierusalem , about the schisme that a little before sprang vp at Antioche ) we haue an example of wonderfull bearing with the peoples weaknesse , prescribing in a manner nothing else vnto them , but onely that which tended therevnto , and that not only in forbidding vnto them , but such meates as had before beene offered to idols ( which notwithstanding may well be eaten but when offense thereat may be taken ) and therewithall both blood and strangled ( both which were but ceremoniall , & by the death of Christ , with the rest of that kinde cried down alreadie , though the time seru'd not thē by & by to proceed for the funeral of thē , or to haue their dead carkasies vnto the graue : ) but also , in setting downe fornication ( by the reason of the great loosenes of the people therin ) yet in like degree with those others , which notwithstanding is a great deale more odious by manie degrees . So much were they led by the Spirit of God to beare with the weaknes of the people then : so carefully they covered the brightnes of their faces , least it shoulde dazle ( if not cleane put out ) the weake sighted eies of the ignorant people . In the Master of al , how oft do we finde , that hee forbiddeth , not only a others , but his b disciples too , and the c best of thē al , not to be so much as acknown of divers things of special importance , vntil they shoulde bee farther strengthened therein ? not that those things might not be by them declared , but that hee woulde haue them somewhat strōger , before they should meddle with them . How plainely doth himselfe likewise tel them , that hee had many things to speake vnto them , but that they were not able then to beare thē ? & for that cause ( as then ) he did not trouble thē any farther with thē . How quietlie also doth hee put vp that dogged waywardnes of the elder brother , only for that his father was so good to the younger , when he so little deserved the same , that sweete ( but foolish ) conceipt of him , that thought he had so fully kept al those commandements of God : that frowarde wrāgling of those , that though they had their ful due , yet were they not well , only because others had as much as they : that vnseasonable & strāge ambitiō of those two Apostles , and , the repining of the rest against thē ? Al which , though of divers kindes , yet evē by it also , do so much the more plainely declare , that the infirmity or weakenes of man is alwaies almost very favourably regarded , not only of good men , but also of God. That one obiection that properly to this place appertaineth , is , that in this place Christ was in hand to commend vnto them a more strict observation of the lawes of God , than the better sort of them ( in common account ) had inured themselues vnto , or thought they needed to haue done : and then , that it should seeme thereby , that taking the Exception in that sense that they would haue it in , and themselues vsing that liberty of it ; they shoulde therein doe nothing against the rule of godlines , no , not only when it is but easily or with great liberty delivered vnto vs , but when it is in strictest manner exacted of vs. Howbeit whosoever advisedly shal consider of the place it selfe , may plainely see that it doth not afford any such argument , because we may see , that it was not the meaning of Christ to teach the vttermost of perfection in those matters that he spake of , but onlie to cal them on much farther therein , than they thought anie need to require , or at least that they in their waies regarded . This may sufficiently appeare , in those other examples , that there he bringeth : whereof some there be that goe before this that now we speake of ; & others , that follow . Those that goe before , are two : one , Thou shalt not kil , the other thou shalt not cōmit adultery . In both which hee discovereth much more than they in that loose time regarded , but nothing so much as those lawes require of vs. For in the former hee speaketh but of certaine other branches that are likewi●e forbidden ; and nothing at al of any of those that are required , which notwithstanding are both many , and of special importance besides : and in the latter he speaketh but of one braunch only , and omitteth many others , as farre from the common loosenes of mē , as that which he nameth ( and some of them further ) and all those that are required . Those that follow are some of them in this fift chapter : and some in the next . In this fift Chapter there are three : one , of a severall kinde by it selfe ; the other two , being both in a manner , of one kinde . That which is of a severall kinde by it selfe is that of Not swearing : wherein hee forbiddeth divers other branches also that are forbidden ; but yet leaveth many others of those , and all on the other side that are required , vntouched likewise . In those two others that are in a manner of one kinde , hee doth but reforme their bad misconstruing of two special places : one , that because Magistrates were appointed & allowed to inflict the like punishment on the offendor , as hee in the way of private wrath or revenge had inflicted on an other , as eie for eie , and tooth for tooth , therevpon they gathered , that so far they might in their private quarrels prosecute their own revēging desire , or at least that they might lawfully craue so much of the Magistrate , though but to satisfie their owne desire ; the other ( not altogither vnlike to the maine point that now we speak of ) that because the letter of the law did require their loue but vnto their neighbours , they thought therefore that they were allowed to hate their enimies . Those that follow in the next chapter , are other three likewise : one of them respecting some part of our duty towards mē , which is doing of our almes ; the others some part of our duty to God , which are Praier , and Fasting . In the first and last of which both he rebuketh the ostentation of it , and teacheth them how to behaue themselues for that matter : and in the middlemost he rebuketh but it againe , and vaine babling withal ; and then teacheth them , both how to pray , and to remember , that so oft as they seeke forgiuenes of God , they also forgiue such trespasses as others do vnto them . Thā the which it is sufficiently known vnto al , that there be in every of them many things else , that the rule of godlines , as it is set downe in the word of God , doth also require : and then , there is nothing in this to the contrary , but that , although Christ cal them here to greater godlines , yet may such as put awaie their wiues and marrie againe ( though it were for adulterie ) account that they may well enough bee great sinners therein . 27 In that other of the 19 of Matthew we are to go thus farre also , both to search out the sense and meaning of those words of his there : and then to see , what reasons we haue for to induce vs so to take them . As touching the sense of those his words , it seemeth to be , not so much to teach any point of doctrine , as to elude that subtle practice of the adversarie , and withal to stop their mouthes . The reasons that we haue to induce vs so to take it , are divers : first because the authority , or iudgement of others doth so direct vs ; then also , for that the circumstances of the Text it selfe doe altogither seeme to leane that way also . Concerning the iudgment of others , Saint Ierome is reasonable plaine therein , Igitur Dominus , saith hee , sic responsionē temperat , vt decipulam cor um transeat : Scripturam sanctam adducens in testimonium , & naturalem legem primámque Dei sententiam secundae opponens : quae non voluntate Dei , sed peccantium necessitate concessa est . that is , Therefore the Lord doth so temper his answere , as best may serue to escape the pitfall that they made for him : bringing in the holy Scripture , and the law of nature to cōfirm the same : and setting the first sentence of God against the second , which it pleased God to afford them , yet not so much standing with his owne good liking , as yeelding therein vnto the necessitie of those that are so carried away with sin . Wherein that he speaketh of a second sentence of God , against which he saith that Christ opposeth the first , it seemeth thereby that as yet hee had not espyed that the Originall was not so : which notwithstanding if he had better regarded , he might soone haue found ; and then being in a good way already , in that hee had noted that Christs purpose was to avoid their deceits , he might haue giuen a fuller answere , if better hee had followed on that course whereinto hee was so farre entred . Musculus likewise Quoniam autem quaerebant nō discendi , sed tentandi gratia &c. videamus quomodo respondeat : hoc est , quomodo sapientia Dei laqueor tentatorum Pharisaeorum evadat . that is , Seeing they came not to learne , but to tempt him , let vs see how hee doth answere them : that is , how the wisdome of God avoideth the snares of the tempting Pharises . And so , in effect , Mr Calvine too , though in fewer words . Christus , saith he , apt a responsione falsam invidiā diluit : that is , Christ , by a fit answer wipeth away that evil opinion , that they by their cunning would gladly haue brought to passe to haue conceiued of him . The circumstances of the Text that seeme to leane that way also , are of two sorts : one , that many besides haue noted ; & two others , that I haue not yet found to be noted by any . That which many haue noted , is , that the Pharises indeed , did not at this time come to learne any doctrine of him concerning the matter that they thē did propound vnto him : but only to tempt him , and to entangle him to some inconvenience , as to disgrace him vnto the people ; or to accuse him vnto the Elders . And then , comming in such sort vnto him , we haue therin cause enough to take heed that wee doe not account , that in such case needs it must be that Christ would giue forth any part of that which should bee an ordinarie doctrine in the Church : but rather , that hee would frame them some such answere , as might be meetest for them , to requite them in their iniquitie . Which that we may the better conceiue , and resolue our selues accordingly therein , it shall be good a little to consider what wee haue in the Scripture to induce vs therevnto , either of testimonies , that witnes the same : or else of examples , that so God hath dealt with others already . For testimonie hereof it may suffice that Christ is so plainely said to be a Stone to stūble at , even to both the houses of Israel , and that to the ruine and overthrow of so many as do not beleeue , or rest not in the word that he hath spoken : and that the Prophet is as plainely willed to infatuate the hearts of the people , to stop vp their ears and to shut vp their eies ; least they should see with their eies , and heare with their eares , and vnderstand with their hearts , and should be converted & he should heale them . Examples are many : but fewe will serue . In the old Testament it is cleere , that when , even the Elders came to the Prophet , not in so good manner as they should , they were not vouchsafed any good answere : and when those Captaines with their Fifties in like sort came vnto another , they receiued an heavier iudgement , though so they were sent by the King their Master . In the new Testamēt we haue some likewise , that are of such severity , in matter somewhat further off : and some of like severity too , in matters that are of the same kinde that now wee are in . In matters somewhat further off , not only Christ did vse to speake in Parables vnto the Iewes , and himselfe gaue in the reason , because it was not given vnto thē , to know those things , that did appertaine to the kingdome of heaven : but even the Apostle S. Peter also strooke downe with suddaine death , both a man and his wife , that came with a contribution vnto them , though not in such sort as they ought to haue done . In matters that are of the same kind that now we speake off , we shall need ( I trust ) no more , but only to note , how Christ himselfe directed his answers in such like cases ; and namely , when either they tempted him : or whenas he questioning with them , they would not acknowledge the truth when they saw it . Of their tempting of him , we need go no further , but only to these two : the one , of Tribute , the other , of the woman taken in adultery . In that of tribute it is plaine , that they went about to entangle him in his speech , as himself also did tell them , and reproue them for it . Wherevpon in such sort he framed his speech , as was sufficient , both to cleere himselfe , and to put them to silence : but yet not so full , for the doctrine therevnto appertaining . For though it be most true , that there he deliuereth that wee must giue vnto Caesar , the things that are Caesars , and vnto God the things that are Gods : yet both the doctrine is but generall , not shewing , whether that which they spake of be due or not ; and that which might seeme to be brought in by him to conclude it , served rather to stop their mouthes then that they and others should thence haue gathered , that the Prince hauing set his stāp on the coine , it is as thence forward made his so absolutely therby , that none others can haue any property in it . In that other , of the woman taken in adulterie , as there also they came to tempt him , so they were accordingly served : first vouchsafing them no answere at all , but otherwise so imploying himselfe , as if he would by his doings teach thē , that it were as good to doe nothing , as to giue any good answere to them that came so vnto him ; and , when that would not serue , but that still they vrged him to haue his answer ( because they thought they had him now on their hip ) then giving such an answere vnto them as choked thē all , and made them to bee glad to get them away . When he likewise did on a time so question with them , that they could not but see the truth , & yet when they saw it , would not acknowledge it ( which was to shew by what authoritie he did those things among them ; which they pretēded they would faine know of him ) as then they plainely bewraied themselues that they came to entangle him , and not to learn of him ; so he likewise dealt accordingly with them , confounding them first in their owne devise , & thē denying to giue vnto them any further answere . Those other two that I haue not yet found to be noted by others , do the one of them appertaine to this present time : the other , to a time that followed a little after . That which belongeth to this present time , is to note , in what sense the Disciples tooke it . For if the disciples then did not so vnderstand Christ , as though he had by those wordes of his allowed the liberty of putting away our wiues for adulterie , and to marry againe : then , of the two , I thinke that we also may safeliest take it , that hee graunted , no such allowance indeede . And that they did not so take it , but rather , that they might not part with their wiues in that case neither , and much lesse marrie againe , it may seeme by this , that they accounted thēselues to be so much streightned thereby , that therevpon they plainely said , that if the matter were so betwixt man and wife , then were it good not to marrie at al. For presupposing that they were none of the loosest sort for such matters , but that a reasonable liberty might content them , it wil so fal out , that if they had takē tho●e words of Christ in that sense that these would haue them , they would then never haue accounted themselues to be straightned thereby . For such as were of anie reasonable moderation , even among the prophaner sort , did yet account it liberty enough to be allowed , for adulterie to put away their wiues , and to marry againe : & we may wel perswade our selues , that the Apostles were thē also much better than those : and therfore that if they had so vnderstoode Christ , they would not then haue conceived such hardnesse as they did in the married estate . And then , if the Apostles did so take the words of Christ , as altogither forbidding divorce and marrying againe , yea though it were for adultery also , even that only consideration may wel weigh with vs to conceiue better liking of that sense likewise , if it shoulde not over-rule vs rather . That which belongeth to the time that followed a little after , is , that when the Disciples , by occasiō as it seemeth , of this his speech vnto the Pharises , did aske him againe , concerning this matter , he then left out ( vnto them ) the Exception that he had vsed before , & plainely tolde them , that whosoever should put away his wife , and marrie an other ( not vsing the Exception of adulterie to these now , as he did to the Pharises before ) he shoulde commit adultery against her , and so shoulde the wife likewise , if shee should deale so with her husband . Wherein I note a manifest difference , in those to whom he hath spokē in these two places : the former being the tempting Pharises ; the others being his owne Disciples , and inquiring ( as it seemeth , in that they were so troubled before ) for their own better learning . Of which differēce we need not to doubt , but that Christ might wel take occasion , so far to varie in his speeches vnto them , as in those two places we see that he doth . And if now the question should be , out of whether of these two answers of Christ , it were safest for vs to take our direction in all such cases , mee thinke , there should be no question of it , but that this his answere vnto his disciples apart by themselues , should be more likely to giue the sense to the other , than thence to borrow a sense for it selfe . 28 The doubts that I speake of , that seeme to bee strong against the sense of these two places that nowe I haue gathered , are especially two : one , the Exception that is vsed in both ; the other , that the Apostle , allowing either partie in some cases to marry againe before the death of the other , may seeme much rather to allow of this . Concerning the Exception that is vsed in both , we are to note that first if we take it in that sense which I haue already given it , then do themselues perceiue , that it doth helpe thē nothing at al : but then , that they on the other side may probably challendge , to haue such a sense allowed vnto it , as wil somewhat favor them herein . If we take it in that sense which I haue already given it , thēselues do then willingly yeeld that it helpeth them nothing at al , for that so in the former he doth but beare with the rudenes or weaknes of them : & in the latter , vouchsafeth to giue them no better answere , because then they came not to learne , but only to tempt him , or to disgrace him vnto the people . And then , allowing this sense to rest vpon it , wee haue no hardnesse but only in this , how to reconcile that kinde of speech to stande with the sense that nowe wee speake of . Which in my minde may easily be done , if we note , that the Scripture according to the aforesaid rule of S. Basile , when it speaketh of two things , as some way opposite the one to the other , doth oftentimes so deny the one of thē , that neverthelesse it doth not thereby grant vs the other : as many Examples doe witnes vnto vs , both in the Olde Testament , and in the New. In the Olde Testament ( among others ) we haue one that concerneth Princes only : and more that concerne all others generally . That which concerneth Princes onely , is , that their King is so plainely forbidden to take vnto him manie wiues , and to gather him much silver and golde . Where it is plaine , that both those are so forbidden to Princes , that they are not allowed to others . Of those that concerne al others generally , I haue noted a couple : one , that forbiddeth vsurie ; the other , that forbiddeth to marry two sisters . That which forbiddeth vsurie , is , that they were so plainely forbidden to lende their mony on vsurie to their brethren : wherevpon it had been an hard collectiō thence to haue gathered , that to straungers they might , had they not had the same liberty in plaine tearmes allowed vnto them , as we see that it was in the next verse after ; but yet in such sort ( wee are to gather ) as otherwise was not against the law of God. For there are wee thus to distinguish , that in that place which concerneth their brethren , they were vtterly forbidden to take any vsury ; or any māner of advantage whatsoever : and in that other that concerneth strangers , that they were forbidden but only that which was vnlawfull or ill : & not such as was not against the rule of Charity . The like whereof wee haue before , Deut. 15. of which Lyranus noteth wel , saying , Concessit dare ad usuram extraneis , ne fratres gravarent . Sicut ergo , qui non dat ad usuram nec extraneo , nec propinquo , facit magis secundum intentionem Mosis : ita ille qui docet uxorem non dimittendam , non dicit contra ejus intentionem , sed magis supplet & perficit illius legis datae imperfectionem . That is , Hee granted them liberty to lend vpon vsury vnto straungers , that they should not be grievous vnto their brethren . As therefore he that lendeth not forth his money to any vsurie at all , neither to the stranger , nor to his neighbor , doth better follow the intention or minde of Moses : so hee that teacheth , that a man may not ( for any case ) put awaie his wife , he speaketh not contrary to his meaning , but rather accomplisheth & supplieth the imperfection of that law given . ( Not seeing then , that Moses had in plaine words allowed that vnto them , which now we see , he did not , as before is declared . ) But in this liberty that is so plainely giuen vnto them , of lending on vsury vnto strangers , wee may well take good instruction vnto the matter that wee haue in hand . For as they , though they had that liberty graunted vnto thē , yet because it was otherwise so plainely forbidden , should therefore in that case diligently inquire , what kinde ; of vsurie it was that was so farre allowed vnto them , or in what measure it was permitted ; and not ( at adventure ) rush at any : even so in this likewise , seeing divorce is a thing so contrary to all Scripture generally , if in this case we thinke that it is permitted , yet were it the duty of al that would take to themselues that liberty , first to make diligent inquierie , how farre that liberty of theirs might be extended , not crossing any other word of God thereby ; and not so resolutely to determine , that supposing such a liberty is graunted , they therevpon cōclude withal , that there is nothing against the course that they haue taken , to obtaine to themselues the inioying of it . In that which forbiddeth the marriage of two sisters whe are not only to consider of the place it selfe : but also of Mr Bezaes iudgement thereon . The place it selfe is , that every one is forbidden , during his wiues life , to marry her sister also : a place so taken by the generall assent of all , that although it seeme to forbid it , but only during his wiues life ; yet that no man thereon may gather , that it is allowed for any man so to marry , after his wiues death neither . But now if we looke somewhat further into it , we may finde that ( in the iudgement of some , and those none of the meanest ) the sister that there is spoken of , is not meant of a naturall sister ( that being in effect , and by the like forbidden before ) but of any other woman ; as , when a man hath one wife already , yet to take another vnto her : as indeed those words in the Hebrew it selfe are divers times elsewhere so vsed ( as they also haue noted ) and divers other good reasons there are why rather wee should so take them . And then whereas the Turkes ( and such other libertines of that kind ) are wont to reason , that to haue more wines then one , is no where forbidden by the word of God in the old Testament ( and the new they doe not much regard ) and so take vnto themselues the freer liberty that way to offend , if now the iudgement of these ( being more then any of the rest that I knowe of , haue found ) may be of force to weaken that resolute negatiue of theirs ( not indeed gainsaid much by others heretofore : ) what letteth , but that these also , if the exception that now wee speake of , may haue in the iudgement of some of the learned another sense , may well doubt of so resolute conclusion , as they make therevpon , and so consequently not thinke their libertie so cleere now , as they haue presumed before that it was ? Mr Bezaes iudgement on this place I haue rather noted , for that if he would afford vs , but the same indifferencie or measure in the matter of divorce and marrying againe ( that now wee speake of ) as he doth in this , the matter in question would soone grow to an end betwixt vs. For himselfe doth call this kinde of speech an exception also , and giveth so good an answere vnto it , as our selues would desire no better for that other Exception in the speech of Christ that now wee speake of . For moving the question , Cur igitur inquies , saith he , in alta lege additur exceptio , illa vivente , nisi ut intelligamus , una demum sorore mortua , alteram ducere fas esse . that is , Why then ( will you say ) saith he , in that other law is this Exception added , while shee liuèth , but that wee may so take it , that when one sister is dead , then may we lawfully marry another , his answere is this : Respondet Basilius eadem illa epistola , non temerè ex eo quod scriptum est , colligendum esse quod scriptum non est . that is , Basil answereth in the same epistle ( he meaneth in his Epistle ad Diodorum which he cited a little before ) that out of that which is written wee must take heed , how wee gather any thing that is not written . And then himselfe also addeth his owne approbation therevnto saying , Et sanè it a est quoties saltem id quod consequi videtur , vel absurdum est , vel alio loco , siue expressè sive tacitè damnatum . that is , And truly so it is , so oft at least , as that which seemeth to follow thereon , is either absurd , or , by some other place besides , either expresly , or by implication condemned . Examples wherof he bringeth a couple : one , out of the last ; another out of the first Chapters of the Gospell by S. Matthew . Promittit Dominus , saith he , se Ecclesiae suae affuturum , quamdiu seculum hoc perstiterit : an inde colliges , vel desinente mundo abfuturum illum à suis , vel illud frustrà adiectum fuisse ? Non cognovit Iosephus Mariam quamdiu praegnans fuit : an ideo efficitur , vel illam postea fuisse à viro cognitam , vel illud frustrà expressum fuisse ab Evangelista ? that is , The Lord promiseth that hee will bee with his Church so longe as the world standeth : may a man gather thereon , either , that when the world shall haue an end , he wil thē absent himselfe from them ; or else , that that ( limitation ) was added in vaine ? Ioseph had no carnall knowledge of the blessed Virgin , so long as shee was with child ; doth it therefore follow , that either afterward hee had such knowledge of her ; or else , that that ( limitation ) was to no purpose set downe by the Evangelist ? In which iudgement of his we haue divers things ( me thinke ) right worthy the marking : some directly appertaining vnto the matter wee haue in hand ; and one other besides , out of which wee may take some benefit also to that purpose , though it ly so farre of from the same , that few there bee that would so apply it . Those that doe directly appertaine vnto the matter that we haue in hand , are , the rule that he bringeth out of Basil : and his owne approbation of it . The rule that hee bringeth out of Basil is such , as that if hee will afford it in this cause so far vnto vs , as in that other he taketh it vnto himselfe , we may account our selues so fensed with it , for the matter that now we speake of , as that neither himself , nor any other shall easily bee able to bring any thing of force against vs. In those words of Christ let them take heed , how they gather out of that which is spoken , that which is not , and then I trust that in the matter our contention also will soone be ended . That which is spoken , is plaine , that no man may put away his wife , vnlesse it bee for adultery : but that for adultery a man may doe it , though they thinke that to be plainely implied ; yet vnles that also , be either there , or somewhere else plainely said , let it then stand as not said as yet , and then let them withall take heed , how they gather it out of the other . In his approbation of it we see that he doth not onely in plaine tearmes approue it : but also doth adde some examples vnto it . If we goe no further but only to the words of his approbation , we may see that as he alloweth of the rule generally : so doth hee account it more strongly to hold whēsoever it is either absurd , or against some other Scripture , that should be gathered therevpon . If it be good generally , even that only , I trust , will yeeld as much as wee shall need . If it be stronger in those two cases , then howsoever it may be , that very few can account it a thing absurd , that for adultery a man should be allowed to put away his wife and to marry another : yet if they will put it to the triall of other Scripture , I trust themselues wil not deny , but that they haue none other for it ; and that wee doe charge them , there is much against it . His examples doe altogether stand with vs , and are very strong against them , to bring them vnto a better iudgemēt in those matters : and , howsoever the former of them is without exception ( for the matter that now I am to deliver ) yet for the other , I thinke they may not deny , but that to let goe the limitation in the latter of them , were not of so hard a consequence in the Church of God , as so farre to enlarge the Exception that now wee speake of . That one thing that lieth somewhat farther off , and yet is such , as out of which we may take some benefit also to this that I speake of , is , that notwithstanding M. Beza did ( by this occasion ) so specially looke into this place that nowe wee are in ( I meane Lev. 18 : 18. ) yet did hee never finde that , which before I shewed Tremel●ius and Iunins both , to haue noted thereon . Of set purpose he disputeth it to and fro : and vseth the authorities of S. Basil , Rabbie Solomon , S. Augustine , and Mr Calvine therein ; and conferreth it with some other Scriptures besides . And yet ( being a good linguist himselfe ) he looked not so far into the proprietie & vse of the tongue for that point , but that hee let a good part of his matter to slip him therein , which otherwise he would haue bin loath to haue missed . Wherein although hee may well bee excused , for that all generally ( for any thing that yet I haue found to the contrary ) were wont so to take it , and to make no question of it : yet thus much may we gather , to the purpose that now we haue in hand that if wee find , that in this God hath imparted to these a greater light in the Original , then to many others besides : then may it be so in that other place also that before wee had out of Deuteronomie , whereon was laid a great part of the foundation it selfe of that opinion . But if these had published that iudgement of theirs before ( as it may seem that they had , or thereabout ; for they published the second part of the Bible but 3. yeeres after this book of Mr Bezaes ) thenwas the oversight therein so much the more vnhappy , for that then there was come abroad good meanes to amend it . In the new Testament we may bee the shorter , because that M. Beza himselfe hath alleaged a couple of good importance to that end if they bee considered , and we will lay but two more vnto them : one , of another speech of Christ ; the other , out of the Apostle S. Paul. That other of Christ , is , of not comming thence , vntil the vttermost farthing be paid . That of the Apostles is , that a Bishop must be the husband of one wife . In both which we may see , that something is in such sort to be denied , as that the opposite is not to be accoūted thereby to be grāted : in the former , that the cōming out thēce is not so denied til then , that it may be thought to bee affirmed , that thē it shouldbe ; in the latter , that it is not so denied to a Bishop , to haue mo wiues thē one , that it is allowed to others to haue . So in this it may be likewise , that it is not so denied to any to put away their wiues , vnles it be for adulterie , that thereby it is granted vnto them that so they may ; but that herein also he doth so deny the one , that yet he granteth not the other , especially when as no where else we haue any Scripture for it : but much , that ( even thēselues do grant ) hath a great shew to be against it ; and we nothing doubt , but that it is against it in deed . 29 If they will challenge the benefit of the other , than we are againe to note , both how farre it is , that the Exception that nowe wee speake of may stretch to their helpe and then , what themselues must yeeld too withal , if so they wil take it . How far it is that it may stretch to their helpe , may soone be said : namely , no more but only this , that in some case it were not ill , or at least might be tolerated , that for adulterie the party innocent might breake of and marry againe . For though he meant in that Exception to grant that libertie , yet his words doe not driue vs , that we should so take it generally : but wil hold thēselues contented or answered , if some cases there bee , in which for adulterie it may be permitted . For though the residue of the proposition be a general Negatiue ; yet the Exceptiō is neither general , nor negatiue neither ; but particular , and affirmatiue too . And thē the rule is good , that is vsed by divers of the learned , for the better quieting and establishing of mens mindes in the truth of the doctrine , that concerneth things indifferent : namely , that howsoever , whē the general propositiō is Prohibitorie or forbidding , all the species or the speciall branches of it , are also forbidden , yet if generally it be commanded or required , thē the several branches thereof ( at least many of them ) may bee indifferent , and are according to the circumstances therevnto appertaining , to be adiudged . As in the Commaundements , they all forbid , but only two of them , the fourth and the fift . In those eight therefore that do forbid , there is no special branch to them appertaining that can be indifferent , but is cleerely vnlawful ( no braunch I meane , of that part of it that is Prohibitorie : for every of them doth imply the commanding part withal ; as those two likewise that first command , do also imply that which forbiddeth ; ) as also in those two that Commaund there be many branches which may be indifferent , till some such circumstances shal be added therevnto , as shall cast the ballance the one way or other . For examples sake , the first commandement forbidding vs to haue any other to be our God saue the Lord alone , leaveth not one of them to stande indifferent ( in such respect vnto vs ) but altogither , forbidden vnto vs : but the fourth , that requireth to keepe holy the Saboth day , leaveth divers of those braunches that belonge thervnto meerely indifferent , vntil , by farther order taken , it bee more specially set downe , in what sort it must bee kept holy . And so consequently , so long as no farther order was specially taken , a mā that were careful not to trāsgresse against the same , had no way at al , but to make farther inquierie , in what manner he should keepe it holy : & then to follow the rule prescribed . And so in this , seeing there is nothing said but generally , that for adultery a mā may put away his wife and marrie againe ( for that sense now for the time , for reasonings sake , wee are to admit ) therefore whosoever would bee loath to offend therin , he had neede more specially to inquire , in what case , & in what manner , it might be done for adultery also . For hee that saith , that for it , it may be done , doth not say that in al cases , and howsoever it may be done , so that once the occasion of adultery be therevnto given : but as he granteth that in such case there is a farther libertie than in many others , so doth he likewise by the same though closely , yet necessarily require , that if himselfe do not more speciallie declare what it is , then that there be farther inquirie after it . And then in this case , though the meaning of Christ in that Exception had beene , not to deny , but that for adultery such liberty might bee allowed , yet might no man in his owne private case presume any farther thereon , than elsewhere in the word of God , he should finde the same warranted vnto him : & there is none of those that follow it ( if themselues be honest , and haue any iudgement ) but that do adde such limitation & cōditions vnto it ( as partly we saw before ) as we may safely gather thereby , that they do not account it allowed indifferently , or , at large vnto all . So that , though this sense were allowed vnto them , so farre as the words themselues should require : yet so also were it like to fall out , that very few of them should be able , to shrowde themselues vnder any iust protection of them . 30 Which that they may the better perceaue , nowe are they to be put in minde of the other : namely , what it is wherevnto themselues are to yeeld , if they would haue any benefit of this latter sense of the Exception . And that may they plainely perceiue to require these two things : first , that they bee not too hasty to take vnto themselues that libertie , but that seriouslie they advise them selues vvhat they doe therein ; and , when they are advised of it , how far then they are to forbeare it . That they bee not then to hastie to take that liberty , but that well they advise themselues what they doe therein , as themselues may see that they ought so to doe : so haue they good provocation vnto it . Themselues may see that they ought so to doe , even by the nature of the thing that they haue in hand . For being so doubtfull as it is , being by many of the learned , so plainely and resolutely gainesaid , even cōmon sense will in such case teach any , that they ought to take good heed to their doings , and not at adventure to intrude themselues into that , which as yet they finde not to befall vnto them . The provocation that they haue therevnto , is in such examples as of that matter wee haue : and in the experience that wee haue likewise of the great displeasure of God to divers of those , that haue neglected that point of duty . The examples that we haue are many , but few will serue to shew vs the way that in such case we are to follow : even David alone , if we heed him well ; but we will adde some others vnto him besides . With David it was an vsuall thing , in matters of difficultie , not to medle at all , neither one way nor other , vntill hee had first sought to the Lorde , and thence had taken his direction : and that not only in the time of his trouble ; but also , whē he was to enter into the possession of his Kingdome . In the time of his trouble we haue good instruction of this kinde in his example , first in helping certaine others : then in recovering a losse of his owne . Those others were the inhabitants of Keilah , whome the Philistines at that time beseiged . Whereof when tidings were brought vnto him hee first inquired of the Lord , whether hee should goe to help them or not , though it seemeth that himselfe would otherwise very gladly haue done it : and , when his company did cast some doubt of peril therein , hee then inquired of the Lord againe , before he would proceed therein . In Keilah likewise , when he had delivered the Cittie , and in reason might thinke , that now among them he might account himselfe reasonable safe : yet , vpon some doubt that himselfe conceiued , that as then hee saw a storme to bee growing , he would not rest on his owne reason and good deserts therein ; but inquired of the Lord againe , and so escaped a speciall danger . That losse of his owne that he was to recover , was , that whilst hee and the companie atattended Achish King of Gath , to haue gone with him to battaile against Israel ( a very great oversight in him ) his owne Cittie Ziklag that the King had giuen him to soiourne in , was by the Ama lakites takē in his absence , their wiues and children , and all that was therein taken away , and the Cittie it selfe consumed with fire . Whereat his company were so greeved at their returne ( for they went not forward in that voiage , but were discharged and sent home againe , God providing much better for him ) that when they found what losse they had therein , especially of their wiues & children , they were so impatiently greeved therewith , that they thought to haue stoned David their Captaine , as thē they were inraged against him . He therevpon againe inquired of the Lord , whether it would please him , that hee might bee avenged on those that had done him this wrong , & recover the pray againe or not : not resting on those perturbations , that the indignitie of that fact had kindled in himselfe and his men : but seeking vnto the Lord therein , and taking all his direction thence . Whē he was to enter into the possessiō of his kingdome , he observed ( a wonder to see ) the selfe same course . In so much , that when the kingdome was fallen vnto him by the death of Saul : yet did he not presently hasten vnto it ; but first enquired of the Lord , whether hee should make hi● entrie vnto it or not . And whē the Lord had resolued him for that matter , and had given him leaue to goe and make his entrie vnto it , hee rested not there , leauing the rest to his owne affections or choice : but inquired further also , to what part of the kingdome hee should make his first repaire , and where hee shoulde begin his kingdome . And yet he was before anointed by Samuel the Prophet ( and that by the commandement of God himselfe ) to succeed Saul in the kingdome : and then presently therevpon in token of it , and to enable him therevnto , hee was endued with a speciall gift of the Spirit . Shortly after which , it pleased God to worke mightily by him in the overthrow of Goliah , & therewithall putting to flight the whole armie of the Philistines : and thereby not only to bring him vnto the knowledge of the people ; but also into speciall great honour among them . When therevpon Saul began to conceiue hatred against him , and egerly to pursue vpon him to haue his life , he plainly found that God had preserued him stil , and oftentimes in wonderful manner : and had giuen him withall many secret friendes with whom he did soiourne when hee was chaced to and fro ; of whom hee might well haue conceiued opinion , that seeing they stuck so farre vnto him in his adversitie , they would now vndoubtedly haue knowne him in that his entrie into prosperity . In which case , even in the most moderate ( that for the most part are among vs ) flesh and blood would soone haue beene doing : insomuch that few there are , that would not haue resolued in thēselues to haue made no further question , for matters of lesse importance then it . Those others that I thought good to adde vnto David , are these two : the Queen of the South ; and Iehosaphat . The former of which had divers hard questions , & was wise her selfe besides ; but yet she would not rest in her selfe , nor in any of her owne sages neither , but came vnto Salomon to be resolued . The latter was so carefull of this point also in an expedition against the Syrians , that even in those affaires hee craued , that first hee might inquire of the Lord , before they did set in hande therewith , & , though thē he had enough of Achabs Prophets , and all those agreeing in one , yet all those contented not him , till he had that one Prophet of the Lord that yet was left , that by him also they might inquire of the matter they had in hand . What experience wee haue of the great displeasure of God against those that neglect this point of their duty , is so plaine a thing in it selfe , that we need not to stand vpon it , it doth so plainely of it selfe appeare , as in many others , so namely in his iudgement against those two sons of Aaron , & in David too ; but especially in one of his iudgements against king Saul . For howsoever the former were strange : yet was the last strangest of all . Those two sonnes of Aaron that now we speake of were Nadab and Abihu , who were then but newly entred into their office , and so not exercised therein before : and yet because that therein , they offended ( not by doing any thing against that which was prescribed , but only for not inquiring of a matter that was not givē them in charge , and which in reason they might haue thought it had not beene a matter of any such moment ) they were both on the suddain destroied with fire . Whervpon that Moses doth charge them , that therein they did not sanctify the Lord , and that this iudgement did for that cause so fall vpon them , it may teach vs likewise , that it is over prophane dealing with God , and very dangerous vnto our selues , if wee doe not inquire of all such things as concerne our duty to him , if otherwise they be not made plaine vnto vs. David was about to bring home the Ark of the Lord , which was little regarded in the daies of Saul , and to that end had gathered vnto him a great assembly , that so it might the better bee done : and yet because they did not wel heed , in what maner they did it , the Lord with a suddaine and fearefull stroake , dasht all that whole solemnitie of it . But the iudgement of Saul is , as I take it the strangest of al , for that he was reiected for being king , for no other cause , then ( according to the iudgement of some of the best , & as the Text it selfe doth seeme to import ) but only for that he medled too soone , and did not awaite the Prophets cōming , who was first to shew him what he should doe . For besides that this matter was ( at least as the case stood then ) a matter of State ( wherein it it is commonly thought that Princes may least haue regard to their Prophets ) Saul was before , by the Prophet himselfe annointed vnto it , cōfirmed also by divers signes ; him●elfe indued with a speciall gift of the holy Spirit likewise , wherby he was also inabled to prophesie ; afterward chosen by lot in a speciall assembly of the estates ; shortly after commended vnto the people by a victorie that hee had against the anointed , and therevpon by the whole armie acknowledged , being thē aboue three hundred thousand : hauing nowe also tarried the time appointed , in a maner , even to the full , if not to the vttermost of it ( for it is said that he taried on Samuel seauen daies , according to the time that he appointed ) & last of all being so strōgly vrged as he was to hastē so much as he did , his enimies lying so neere vnto him , and his men for feare dropping away so fast as they did , that vnlesse he had then addressed himselfe vnto his busines , hee was in danger to haue had none to haue tarried with him . Whereas therefore wee haue on the one side so good examples , that lead vs to so carefull inquirie first , before we presume to determin whē so ever the matter is any thing doubtfull ; and on the other , so fearefull iudgements withall , on so many of those that haue neglected this point of duty : it may not iustly be doubted of any , but that hardly hee should bee able to discharge that point of duty to God , i● in such sort hee should take the benefit of that Exception vnto him , as a sufficient warrant in that case to marry againe ; though there were no more in it thē this , that as yet it is not resolved , but is plainely in question , even among the learned themselues . 31 When therefore they condescended to this , that they must be better advised of it , to the end they may the better see how to determine , namely , how far they are to forbeare it , so far as I see , they need goe no further , to find that they are not in such sort to take it , then only vnto these two points : first whether it may not well bee doubted , that they haue not some Scripture against it ; then , if they had not , whether yet itwere not inconvenient . That it may well be doubted , that they haue some Scripture against it ( and that in large and plentifull measure ) I accoūt it to be so plaine in it selfe that I doe not thinke it needful to go any further , but only in breefe and short manner to point vnto it : and that , not onely , when regard is had to those places , that directly treate of that matter that is in question , and so are held by very many , as learned & godly as any others ; but also , if recourse be had to some other places , which are more generall , and yet may specially bee applied to this likewise . Those that directly treate of the matter that is in question , and so are held by very many , as learned and godly as any others , are such as either set downe the nature of marriage , as God ordained the same at the first : or else do teach vs the nature of it , after that once it is so ordained . Those that set downe the nature of marriage , as God ordained the same at the first , are of two sorts : whereof one onely is the Originall ; the others , are references therevnto . That which is the originall , is that knowne place in the second of Genesis , how God cast Adam a sleepe , tooke a rib out of his side , made a woman thereof , brought her to Man , and so ioined them both together . Of whome it doth immediatly follow , that shee was bone of his bones , and flesh of his flesh : and that , in respect of that so neere a coniunction ( in that she was taken out of man , & to him delivered by God himselfe ) a man should leaue Father and Mother , and cleaue to his wife ; and that they two should become one flesh . Those others that are references therevnto , are divers , as namely that of Christ , wherin he repeateth the same againe , and then addeth therevnto , whom God hath coupled together ; let no man put a sunder ; and divers others elsewhere besides , which wee need not here to reckō . Those that teach vs the nature of wedlock ( I meane for this matter ) after that once it is ordained , are divers likewise : as namely , when the Apostle teacheth , that the woman , so long as her husband liueth , is tied vnto him &c ; and elsewhere likewise , that the wife may not depart from her husband , &c , nor the husband put away his wife . Which also wee neede not to gather together , for that there is no body that doth bring any of them against the doctrine that herein we are to set downe : but shun them rather , as altogether going against them ; or , otherwise , when they are pressed with them , then secke to qualifie them so well as they can . Those that ( in this respect ) are but generall , and yet may specially herevnto bee applied , are divers : some that concerne one point of our duty towards God ; others , that concerne certaine duties of ours towards our neighbour . Those which concern one point of our duty towards God , are al such as reach vs a patiently to beare the crosse that he layeth on vs. Those that concern certaine duties of ours towards our neighbour , are of two sorts , some that teach vs , that wee be ready to b forgiue him his offences to vs ; others that call vpon vs to c bring on ( so well as we can ) to all Christian integrity , those whome God hath to our charge committed . Having therefore these Scriptures against them , and divers others such like as these , I see not how they can avoid it , but that they are hereby forbidden in such sense to take that Exception vnto them . For they both are one flesh , even in the neerest society of al coupled together by God himselfe : , and therefore not to bee sundred by any , the wife to keepe to her husband so long as shee liveth , and the husband not to put away his wife . If by our vnadvisednesse before , or negligence after , or howsoever else , it so fall out , that herein God hath laid a crosse vpon vs , what better service can wee in such case doe vnto him , then truly , and quietly to beare it , til he be disposed to ease vs of it ? If therein there bee offences committed against vs , we knowe who it is that hath forbidden vs al revenge , and hath willed vs freely to pardon . If we haue an vntoward peece in our handes , to make any good workmanship of , yet if we doe our best indeavor , hee will hold vs excused ; but not if wee cast it out of our hands : and the worse that any such is , the more doth every such party need , that the other should deale accordingly with it , and the more worke may the other see , that God hath laid him forth therein . So if we cast our eies vnto these either such as I haue thus breefly remembred , or any others that are of that nature we are so far from finding any sufficient warrant at all , to that presupposed liberty of these wātons of ours , in such sense to take this exception we speak of , that we rather are flatly beaten , not only from hope of finding any helpe in these , but also , even from all expectation of it any where else . 32 That if there were no Scripture against it , yet that it were not convenient for vs , I take it to bee , though disputed by some , yet so generally graunted almost by all , that whatsoever inward conceipts divers may nourish ( for the common corruption of nature in vs , worketh , in that kind , strong & strange fancies in many ) yet outwardly , very few , or none of them all , will seeme to deny it . But then the truth is , that they pretend to haue this meaning withall , that thereby they would occasion the Magistrate to punish that sinne by death , so to make an end of this questiō betwixt vs : or else , that on him should rest the blame of such inconvenience . First therefore it shal be good to consider , how inconvenient the thing it selfe would be among vs : then , how little cause there is , vnder such pretense , so far to take that liberty vnto them . How inconvenient a thing it would be with vs , may soone appeare , first in respect of the Publike cause of all : then in respect of certaine private persons besides . In respect of the publike cause of all , it would be an incōvenient thing with vs , partly for that we haue already taken other order amōg vs : but especialy , for the disorder that would come in vpon vs thereby . The other order that wee haue already taken among vs , is that part of the forme of our solēnization of marriage , whereby each partie is directed to take the other for better , for worse : which being the generall act of vs all , alloweth no particular persons so farre to breake it , or to call it in question , but that it concludeth such doing to be more , thē any such may well set abroach among vs. The disorder that would come in vpō vs thereby is , that it would open too wide a gap to al discontēted couples , to breake of , and to marry againe to their better liking ( so long as we should haue no stronger restraint of that sinne among vs ) and rather to commit the sin it selfe , being so easily punished with vs as it is , then otherwise to liue all their whole life in so great dislike . Those private persons , in whose respect it were inconvenient also , are , themselues , and others . Themselues cannot liue therein , but at the least in doubtfull estate , not onely before men , but also before God : or rather , as notorious sinners , in the iudgement both of the most and the best . Those others are of two sorts : some , that are blemished ; others , that are incumbred thereby . Those that are blemished thereby , are both those second wiues of theirs , and the children that by them they haue : the former of them being accounted no wiues but only adulteresses by law ; and their children illegitimate also . Those that are incumbred thereby , are partly those to whome their lands or goods should of right descend , who by such dealing should haue their right very much incumbred : but especially , those discontented couples that before we spake of , who by a few such examples would be so tempted to doe the like , that hardly would they bee able to walke vprightly therein . How little cause there is , vnder pretense of that ordinance of God , to the childrē of Israel , that the Magistrats there were appointed to punish adulterie with death , to defend their owne vsurpation of that liberty , as though thereby they might driue the Magistrate to take that order here also , or else himselfe to beare the blame of it may sufficiently appeare in this , that themselues cannot but knowe , both that as yet wee haue not that law among vs : and that there is no greate likelyhood neither , that ever wee shall hereafter haue it . If as yet wee haue it not , then must wee needs forbeare that liberty that now wee speake of , or else quickly bring all ( for those matters ) to greate confusion . That wee are not likely hereafter to haue it neither ; it resteth on two principall groundes : one , the vnwillingnesse of all men generally to yeeld therevnto , though otherwise wee were never so free vnto it ; the other , that wee are already intangled by one certaine let that is in the way . If all men generally bee so vnwilling to yeeld therevnto , though otherwise we were never so free vnto it ( as most men will not sticke to acknowledge ; and may appeare in the Israelites also , in that though it were so specially inioined to them , yet doe we not reade , that I remember , that ever it was put in execution among them ) then , though the Prince himselfe would bee willing , yet in what part of the world should wee find a people , that ( the most parte of them : for such must they be , that any where lightly are allowed to make a law ) would be ready to ioine with him therein ? That other let wherewith we are already intangled , is the liberty that we take to our selues ( and haue in some cases established the same by law among vs ) of marrying children , especially Wards , & of making other disorderly matches in disparitie of yeeres , or condition , for landes or goods . Al which , so long as they stād ( & they are not likely yet to fall ) are likely enough , so to intreat for their owne estate therein , that it is not likely that the other shall ever get in any foote among vs. If then it be not likely , that ever wee shall haue any such law , then the same reason that doth teach vs to forbeare that praesupposed liberty of ours vntil we haue such law established , should teach vs likewise , altogether to forbeare the desire of helping our selues thereby , when as wee are likely , never to haue it ( in any good manner ) allowed vnto vs. And then , what else maie we thinke that perswasion to be , but a special fetch of Sathan , to bring in some special confusion , & to work much mischiefe among vs ? And if there bee so great inconveniencie hanging thereon , not only the wise of the world do resolutely determine , that of two evils , the lesser is rather to suffer a mischiefe in some few particulars , than while they seek to relieue them , thereby to bring in an inconvenience to all : but even the Apostle also hath plainely tolde vs , that though things may bee lawfull , yet if they be not expedient or profitable , in that case also they are not to be attempted by vs ; and besides hath given in himselfe an example of it . As Christ also ( no doubt ) himselfe , by the selfsame rule , governed himselfe in many of his speeches and actions : and in effect prescribed the same vnto others . In which respect Abrahā did wel , to refuse that great bootie ( even the spoile of all those cities , which for Lots sake he had recovered , and nowby the law of armes was his ) even onlie for that hee woulde not haue the inhabitants of those parts to take occasion to thinke that their substance had made him rich : beeing carefull to reserue the glory thereof , onlie to God , by whose onlie blessing indeede it was , that he was growne so mighty among them . Wherin also it is good to note , that in so doing hee pleased God so marvelous well , that by and by hee appeared vnto him , promising safetie from al his enimies ( belike , especially in respect of those foure kings , whō now hee had so netled ) and to be vnto him besides ( in respect of the bootie , that in such respect he had refused ) an exceeding great rewarde . David also in that respect did wel to refuse the water that was brought vnto him from the wel that was by Bethlehem , vnderstanding that three of his Captaines had put themselues in so verie great danger for it : though otherwise he was verie thirstie , and longed more for it than for others . Far vnlike therein to Cleopatra that daintie & wanton queene of Egypt , who ( like vnto her selfe therein ) to satisfie her owne inordinate lust , did not sticke at once to sup of , in one draught , a iewel of inestimable price : of fifty thousand pounds , as some did valew it ; but , of six hundred thousand , as others esteemed it . And even so these wantōs of ours , for a litle beastly pleasure of their own for a time , little regard what infinit hurt they do vnto others , by the example that they do giue them . So that , although the exceptiō might haue such sense , as to import , that in some case it might so be : yet , both we must needs be wel advised of it ; & we must take heed that we never do it , either whē those aforesaid Scriptures may not wel beare it , or so oft as there is anie so greate inconvenience that hangeth thereon . 33 Concerning that of the Apostle , who in some cases alloweth either of the parties ( not onlie the man , but also the woman ) to marrie againe , & therfore may seeme so much the rather to allow of this , we are first to cōsider onlie of so much of it , as belongeth to this that now wee speake of : then , of somewhat els besides , that commeth in by occasion of it . That which belongeth to this that now we speake of , resteth but in these two points : one , the Obiection that is gathered thereon ; the other , the answere that may be given it . The Obiection that is gathered theron , is this : that seeing the Apostle doth so plainely allowe ( in case of infidelitie ) that if the partie that doth not beleeue , wil forsake the partie beleeving , that in such things a brother or sister is not in bondage , or , must of necessitie be forced , to liue without the help of wedlock , therefore if in this the bond of matrimonie may bee so broken , that the party forsaken may marry againe , it should seeme to be much more likely , that by adultery the bond should be much rather broken . For answere wherevnto , I thinke we need no more but this , that there is not the like reason in the one , as in the other : whether wee respect the offense that is committed , or the inconvenience that redoundeth vnto the other thereby . The offense that is committed , is adultery , a very foul and great sinne , both odious to God , and exceeding grievous to man , even intolerable almost vnto many : in that forsaking that the Apostle speaketh of , an vtter breaking óf of the knot of wedlock that was betwixt them , so far as in that partie doth lie . The former of which sometimes proceedeth but of infirmitie : the latter of them , is an hatred to Religion it selfe . Though therefore the Apostle allow the forsaken partie to marry againe , especially , when it is for hatred of the Truth , and where the other hath broken of already from the bond that was betwixt them : yet it may be , he would not allow ( or at least it cānot hence be gathered , that he would allow ) of marrying againe , where the party offending hath but only sinned against that holy ordinance , and therein was not purposed , nor yet is , to breake of from the other , and when that sinne ( it may bee ) was done by infirmitie also , and much provoked by some inordinate dealing of the other . The inconvenience that redoundeth vnto the other partie thereby , is by such forsaking much greater ( in this kind ) then is that other of committing adulterie . For by such forsaking it commeth to passe , that the partie forsaken is altogether deprived , not onely of a comfortable fruition of the good things of wedlocke , but also of the things themselues : of that needfull preservation from sin ; of children likewise , and mutuall help . But it is not so by adulterie , for that the innocent partie , notwithstanding it , may haue all those of the offendor in some tolerable measure , though not in so good , and comfortable maner , as were expedient : he may haue that needfull help to preserue him from sinne , and to accomplish divers of his affaires ; and propagation of children likewise . If hee cannot take the benefit of anie such helpe of the other that hath beene so vnfaithfull vnto him , that is like enough to proceede but only of such perturbation of mind as some way casteth how to reveng , or cannot yet digest so great a displeasure done vnto him : which , indeed , is iustly deserved by the offendour ; but not iustly entertained by the innocent partie , for that he which hath forgiven vs more , hath willed vs also , for his sake to forgiue . And therefore such perturbation is to be remoued or at least bridled : & not any cōceipt thereon to be nourished , that now there can no such help be had of the partie offending . His children ( I graunt ) may be somewhat doubtful , whether they be his or not : but that is so general a case withall , that mē must rather hold themselues contented with that general determination of law that by marriage doth make them theirs , ( which also is their own act too ) then suffer themselues to be so carried away from the opinion that they are theirs , by such suspition as il likelyhoods may easily breed . Else , if any will needs be so peremptorie , let them first shew , that their own discent is vtterly void of all suspition of any such blemish , before they deale so strictly with others . Albeit therefore the Apostle allow of marrying againe , to such as vtterly are deprived of all such good things as by marriage God ordained for men : yet is there no reason , why any mā should therevpon gather , that the like liberty were likewise to be graunted to those that may haue the vse of those things in some tolerable measure , but so far as their owne troubled affections doe hinder them of it . That other thing that belongeth not vnto this that now we speake of , but ariseth by occasion of it , is that hence it seemeth to me we may haue a special good light , whereby we may see how to determin of one other point , that in all ages hath much troubled the learned , and yet doth : namely , for what causes divorce may be had , & marrying againe thereon allowed . For many there are ( and those of special account withal ) that allow of no divorce , but onlie for adulterie ( and thinke that those that go any farther , do make themselues wiser than their Master ) nor of marrying againe , but onlie in that of adulterie , and in this of being forsaken : others againe , that allow both of divorce and marrying therevpon for divers other causes besides . In which extending of that libertie , there are of those that professe and teach the Gospel , that maie wel be doubted to go over far : as on the other side the Papists generally are for divorce so very liberall , that they without questiō stand in great need to be better shod for their so far over-reaching therein . But of this matter I meane not to treate : which would be sufficient it selfe to occupie another Treatice much greater then this . The thing that now I meane to deliver , is no more but this , that whereas the Apostle doth so plainely insinuate that the party that is in such sort forsaken may marrie againe , and then doeth not altogether relie on that case neither , but taketh in some other withall , hence , it seemeth , may best be decided , in what cases it may be permitted to marry again : so that the rule be not in this point exceeded , to graunt it to such , as haue such vse of marriage already as need requireth . For we doe not here finde that the Apostle doth allow it to any , but only to such as otherwise were altogether deprived of it : and though hee take in such like withall , yet must we therein haue a good eie vnto the originall or patterne giuen , and not account any like vnto it , but only wherein the one of the parties is as much otherwise deprived of the vse or benefit of marriage , as in the case that the Apostle himselfe hath put . For howsoever divers such there may bee , or at least some few , wherein it may be allowed to marry againe : yet certaine it is , that hauing none other Scripture for it but this we haue then no warrant at all to goe any further , or to extend that liberty to any other besides whatsoever . 34 But as touching the main , if now we gather the cheefest and principall points together , of all that hetherto hath beene said , what haue wee ( to speake of ) but only the opinion of divers of the learned that way inclining ? For the truth of the matter or any certaintie whereon to ground , what haue we else , but only a brittle shew of certaine places of Scripture , which for a while may seeme to be for vs : but so soone as ever they are examined , either plainely they turne to the contrarie side , or at least assure vs , that for any certaintie of that point of doctrine , for which we haue such recourse vnto them , get it where we can besides , but in them shall we never haue it . We hoped that Moses and Malachie too , would haue holpen vs THE TABLE OF METHOD : WHICH SHEWETH , HOW the whole Treatise proceedeth ; and where every member thereof doth lie . That such as are f●r Divorce on adultery and marrying againe haue two sorts of places which seeme to be for them , but yet are not ( in deed ) being better examined : of which The first sort is of those which doe chiefly respect Divercing from those wiues that we haue wherein First , those places themselues are set downe . Sect 2. Then it is declared , how weakly that perswasion is grounded thereon : and therein First , how ready divers are to rest vpon them , without any farther enquirie . Sect. 3. Then , how little ground worke they haue , even in their leaders so to doe First , because they are so much crossed by others . Sect. 4. Then in that which themselues haue set downe for that matter , and therein , First , so much as respecteth their owne iudgement therein . In which First what themselues doe bring vs , which Either tendeth to this end , to shew vs how hardly and doubtfully they are resolved . Sect. 5. Or els are some such other things besides , as may be some warning vnto vs to take good heede to their iudgement therein ▪ least otherwise we be deceived thereby , viz. First , such Reasons as they bring in fo● themselues , why so they determine . Sect. 6. Thē , what Protestatiōs they haue besides , ( beli●e to qualifie the hardnes of their iudgment therei● . ) Then what we are to thinke thereof , namely that where such things goe withall , there is no likelyhoode to finde anie certainety of Doctrine whereon to builde . Sect. 8. Then , the rest due , which most respecteth those places thē selues that they vse for it . Wherein First it is briefly declared ▪ that those places doe little helpe them , and that they doe plainely mistake those two that seemed to be strongest for them Sect. 9. Then , that same mistaking of theirs is more largely prosecuted , and in this order , First , by examining of those Places , whether they be mistakē , or not and to that end , First , how they take them , Sect. 10. Then , that so taking them ( it may well be ) they do mistake them and First that of Deut●ronomy , Sect. 11 , Th●n , that of Mal●chie also . Sect. 12 , Then , what we are to gather thereon Sect. 13. The other of those , that withall respect marrying againe : and therein First what consideratiōs we haue that may induce vs to thinke that in th●se also they haue little helpe ; which are , First , the iudgement of others , wherewith they are so much crossed . Sect. 14. Then , their owne defectiue handling hereof : and therein , First , how farre we may chardge them therewith . Sect 15 , Then wherin those defects of theirs doe lie : namely First , in weake Reasoning : of which their Reasons , Some there are , that depend on the things thervnto appertaining , and those Either the same that are in question : and then , Such as are of the substance of them . Sect. 16. Or such as are but accidenta●y therevnto . Sect. 17. Or those that are of such a kinde , or so neere vnto them , as that out of them they drawe certaine reasons also ▪ Sect. 18. Others , on the authority or testimony of others First ▪ of God , Either mistaking his worde therein . Sect. 19. Or els gathering amisse thereon , and therein , First , of Erasmus ▪ Sect. 20. Then of Beza also . Sect. 21. Then , of men Sect. 22. Then , in divers Inconvenient and hard speeches : to be found , First , in Erasmus . Sect. 23. Then , in certaine others of them . Sect 24. Then the places themselues examined : & therein First , to set downe the meaning of them , viz. First , that that is not the meaning of them , which they would haue . Sect. ●5 . Then , what is the meaning of them , namely , Sect●6 ●6 . Then , that other in the nineteenth of the 〈◊〉 Sect 27. Then , to answer certain doubts that may seeme to be strong against it , which are 2. First , the Exception that is vsed in both , which ( it is shewed ) will not helpe them . And First , that it is cleere in that sense that we do giue it . Sect. 18. Then also , even in that sense wherein they would haue it ; and therein , First , how farre it yeeldeth to them ; namely , but thus farre , that in some cas● it might so be . Sect. 29. Then how farre they must yeeld vnto it again which ●● , First , to be well advised , and to take heed what they do therein . Sect. 30. Then , that they doe nothing Neither against any other Scriptures , which they haue stronge against them . Sect. 31. Nor against Conveniency neither , which in that case they cannot av●●de . Sect. 32. Then , that the Apostle , permitting the faithfull ( by an infidell forsaken ) to marry againe , doth nothing warrant this ●either . Sect. 33. well , for divorce we had certaine others besides : but wee made most reckoning of these . Now we see , that not only those others , but even these also do giue vs over , and refuse to yeeld vs any help therein . Which divorce had they graunted vnto vs , wee had made no doubt at all , but they had in like sort allowed to marry againe : but now finding them so strong in the former ; wee haue at all no hope of the latter . Even Christ also , we thought , did make no stay , not only at divorce ( so it were for adulterie : ) but , in that case also , not at marrying againe . But now wee see not , with what face wee may looke for any such liberty at his hands , when as we doubt it would fall out indeed , that if he should graunt so much vnto vs , hee should graunt vs more therein , then ever any other of his servants did , before , or since . Whereas therefore , his words may indeed haue another meaning , and such as agreeth with much other Scripture , wee doe not see , but that well , may wee doubt , that such sence as agreeth with much other Scripture , is a great deale more likely to bee his meaning , than that which standeth alone by it selfe , and hath nothing else in all the Bible neither in the old Testament , nor in the new , that accordeth with it . Being thus strongly held of by the Scriptures , or rather cleane abandoned by them , when therevpon we returne againe ( as passing loath to be cleane put downe in this , if any way we might see how to help it ) to that sorie helpe that remaineth , the iudgement of certaine of the learned , before remembred , to consider somewhat better of them , an● to see if we haue not some further helpe in them , than yet wee conceiued ( being so many as they are , and many of them so resolute in it , and in all their writings generally of so special account amōg vs ) there finde wee first , that they all mistooke the Text it selfe , out of which the first and principall part of all their opiniō should haue derived the warrāt that they thought it to haue : and that divers of the chiefest of them , haue themselues so acknowledged since . If we looke somewhat further into them , then doe we in like sort finde , not only that therein they goe against the vniversall opinion of all others therein ( that long hath stood in the Church of Christ , even frō the beginning , for the only truth of that point of doctrine ) and against the practice in gouernmēt of this Church of ours , and of all others almost besides : but also , that themselues giue vs in so weake reasons why they thought good to side themselues to that opinion , & such Protestations withall , the better to obtaine to be excused for that they goe so farre therein ; and when they are in the matter it selfe , so many of their proofes for that they affirme so very slender , and so inconveniēt speeches withall ( boading such impatiencie , that they may seeme to arise of the weaknesse of the cause it selfe ) that if wee well advise our selues what comfort it is that there wee haue gotten , wee hardly finde any thing throughout the whole that will afford vs any one peece of warrant , to entertaine any such conceit , for never so smal a portion of time , or to giue it so much as one nights lodging . The remaine then wil be none other but this , that our selues are carried so strongly away , with our owne vnbridled affections ( with an hote desire , either of change , or of revenge and sometime with both ) that it was an easie matter , for parcialitie and error in others , to settle vs in that conceit , we being loath ( for feare of disturbing our peace therein ) to fall to any iust examining of them . God giue vs grace that howsoever in all things we daily offend , by our common infirmitie , and great corruption that yet abideth ; yet we may so far abandon all fleshly lusts , that thereby wee grow not to bee so foule staines in the Church of God , nor so perilous examples to others : especially those , that haue an vnfained care to serue him indeed , or , no more but professe the truth of the Gospell . FINIS . AN OTHER NOTE FOR THE Reader . THis former Treatice being thus finished , yet is there one thing more ( gentle Reader ) that farther I am by late occasion , to impart vnto thee : nothing at all appertaining to the matter before ; but only for that it lighteth on the time of the publishing of it . The matter is no more , but this . I haue already divers times heard , that certaine of the favorites of R. P. ( the supposed Author of the Resolution ) would not beleeue that I had made any answere vnto him for such matters , as hee , in the preface of his second edition of the same ( which was , 1585 ) had charged me withall . And for these , I contented me selfe to let thē vnderstand , that I had answered him many yeeres before : as it is knowne wel enough I had done ( so far as an whole Impression might serue to witnes it ) now about twentie yeeres since . But now of late I perceiue , that himselfe also doth not take with his Answere , or will not be acknowne of it : & this doe I gather , for that nowe ( a fewe daies since ) I finde , that having set forth that Book again , but about two yeeres past ( namely , 1607 ) and having altered it againe from that it was before ( but the first , it may be , will ever proue the best ) he nevertheles chargeth me a fresh , with many of those stale matters , answered so manie yeeres past already ; but maketh no mention of that mine Answere . Seeing therfore I came to the knowledge hereof , when this other was yet vnder the Presse , I thought it good herewithall to wish this to be marked , that seeing that answer of mine was given forth and published , in the yeere of our Lord 1589 ; & that since I never heard any thing frō him of the same , & that now he wrāgleth a fresh about some of those his stale matters again , and so grosly ( though warily enough on his own behalfe ) dissembleth mine Answere to them and the rest : that all good & orderly dealing ( of such a kind ) was thē somwhat far to seeke in him . I make no doubt , but that there ( in that mine Answere ) he noted much more to be obiected , than any way hee was able well to answere ( especially , the great vncleannes of all that crew generally ; their bad dealing with the Fathers ; and so many slips of his owne withall : ) and that therefore he would rather see , if , for a flourish , he could not cull out something of his former matters to gibe at againe , to be in lew or steed of some iust Reply , so long expected . But plaine dealing is ever the meetest for all those that stand for the truth and so base shifting , much more sutable to the desperate weaknesse of the cause that he hath in hand . And if any man shall lay therevnto his bold promise of those other two parts , of that which now he calleth his Directorie , & therein how many yeeres he hath beene hammering about it , & yet could never get out of the first part neither , and the seconde time made it worse than before ( even in the iudgement of his owne favourits : ) the lesse that this third time also he hath nowe againe answered their expectation , the more may such a man see , what hope he may nourish in himselfe , as touching those others . But me selfe conceived long since ( and so did reasonable plainely tell him ) that it was not in him to doe , as then he did beare the world in hand : namely , to frame such other two parts , as should be of that argument , and yet sutable to that , which hee had elsewhere borrowed to the first part of it . An other there is , one Radford by name , a fowle of that feather , who in certaine discourses of his of other matters , published in the yeere 1599 , hath beene something chattering against me likewise , in the quarrell of his fellow R. P. before : & yet none otherwise but like to himselfe . Of whō notwithstanding I haue alreadie said something ▪ somewhat more specially , in a larger Discourse of mine , which now ( God willing ) next vnto this , & so but a few daies hence , I trust , is to come to the Presse : and so saie I no more of that matter now . Yet that no man deceiue his expectation therein , both it is but towardes the end of that larger Treatice : and , as hee , in those his other discourses doth no more , but as it were , by the way , take his pleasure on me ; so I likewise , following the suit , or , in such like manner , doe giue him his answere . So now againe ( gentle Reader ) I commend thee to God. Oxford , Iune , 22. 1610. EDM. BVNNY . THE ALPHABET TABLE : WHEREIN , not only the principall Matters , but also the Scriptures themselues , and the other Authorities do come in , in Alphabet order . A Abraham see Better course . Abuses not the thing it selfe to be abolished , Sect. 7. Adulterie , whether it dissolue the bonde of Matrimony , Sect. 16. that so it doth , pl●inly set downe , by Erasmus , Museulus , Martyr , Calvin , Gualter , & Beza Ib. but yet that in some cases though it may be , those nevertheles a●e very rare . Sect 21. whether the Magistrate ought to punish with death . Sect. 24. See , Marrying againe . To be wel Adv●sed before we seeke to be divorced thereon , for that it is at least much to be doubted , that the Scripture is much against it , both such as do●h more specially treat of that matter ; and such as doth it but generally , Sect. 31. An Aim , for what things divorce may be , Sect. 3. Allegations : see Excusable . Allowed , see Lawful . Ambrose , see Origen . Amending his former reading : see Calvin . Amis , see Gathered . Iohannes Andrea , that the bond of marriage may bee oth●rwise dissolved , Sect. 18 , Himselfe also , Panormitanus & Hostiensis , very little for them , Sect. 22. Angels , what time they were created , not certainely knowne , Sect. 8. Angrie . see Divorce . An●ichrist ; what t●me he should come , not so wel knowne of old , Sect. 8. Apostle , see disorderly ; Erasmus ; Obiection and Ods. Archbishop ; see Edw Le. S. Augustine , acknowledged by Erasmus not to be of his minde , Sect. 4 , Much against the opinion of marrying againe after divorce Sect. 21. Againe see Bond , and Wonder . Authoritie , see Divorce . B Bad men , see Testimonies . Balaam , see Divorce . Ballance , see Scales . Ban● , see Bond. S. Basil , Rule , Sect 28. liked and vsed by M. Beza , Ibid. Be●ter course propoūded in the examples of Abraham and David , Sect. 32. M. Beza , how he doth moderate himselfe in the matter , S. 7. His better ei● to the Original , S. 11. His Bo●ke De Lege Dei , c. 11. How he also reasoneth for dissolving of marriage on such inconvenience as doth follow disorderlie marriage , S. 17 Very resolute , as having expresse matter for him , yet knowing that the same very matter lieth in question , S. 2● . What himselfe hath found , either to builde his own opiniō vpon , or to defend the same against others . Ibid. Obiections by himselfe acknowledged . Ibid. Giving over the course that Erasmus tooke before . Ibid. Out of the Apostle S. Paule how he defendeth himselfe for his opinion . Ibid. His iudgement of marrying two sisters more specially considered , S 28. His iudgement in an other case , somewhat strangely agreeing with his opiniō for divorce and marrying againe . Ibid Himselfe bringeth examples of S. Basils Rule . Ibid. Againe , see Adulterie ; S. Basils Rule ; Deut. 24. De Lege . Dei ; Erasmus ; Ierome ; Innocent ; and Speeches of theirs . Bishops , see Constitutions , and Rome . Bond , Fowre severall bonds wherewith those that marrie are bound , so that though some breake , yet the whole is not dissolved , S 16. That it may be dissolved divers waies , to be the opinion , of Hostiensis , Augustine , Pope Lion and Pope Zachary , S. 18. That if the Magistrate the adulteres to li●e , yet that the husband may account himselfe to be rid of the bond of wedlo●ke , a perilous point , S. 21. The bond of mariage not relying on the parties only but on God too : and as it is of God , that it cannot be dissolved , S 25. Again , see Adultery ; Lands , and Io. And●ea . Borne-with , or spared : see Weaknes . Bucer , see Ierome . C M. Calvin , his better cie to the Original , S. 11. and so amending his former reading . Ibid On that place of Malachie . S. 12. Neere to the point , yet not lighting on it . S. 16. Againe see Adulterie ; Came to tempt ; Deut. 24. Divorce , Mal. 2. Meaning , & Politicall . Order for Ceremonies : see divorce . Chemnizi●● : see Deut. 24. Chiefe : see Places . Civil : see Pol●ticall . Christ , not likely to bee so favourable to such divorce . S. 25. That if he should allow it , he were the first and last in all the Bible that so should doe , Ibid. And so , though wee made no doubt therein of him before , yet now ( for that matter ) to giue vs over ▪ S. 34. See also , Divorce ; Erasmus , & Liberty . True Christians , see Lawes . Chrysostome , not in , that cou●se with Erasmus S. 4. Circumstance : see farther Iniquitie . Circumstances , one of the time , another of the persons , to shew that sense of theirs not to be the meaning . S. 26. One such circumstance noted before , as that the Pha●ises came not to learne , but to tempt . S. 27 ▪ Another , not noted by others , how the Disciples tooke it . Ibid. Not medling with all their Collections of this kind , but only with such , as themselues did chiefly meane vnto this . S. 20. Commaunding : see Forbidding . Conception of the blessed Virgin : see Divorce . The Conclusion . S. 34. Their Conclusions to be but weake . S. 9. So readie Consent of many others to that opinion , whence it may be . S. 21. Certaine Considerations much against thē . S. 14. Constitutions of Bishops much against Erasmus . S. 4. Coupled , see put asunder . Corrupt ▪ see Interpretations . Course : see better ; and Beza . Cumbersome , see Way . D. DAvid ▪ see better course , Death ▪ s●e Adultery . Decretall ; see Constitutions , Their Defense but weake , and how ●o . S 20. and see Erasmus . Deus 24 . 1●4 Of divorcing ( as it is conceived ) of such as they like not . S 2. In what sense taken by Erasmus , Musculus , Martyr , Calvin , Gualter , Chemnizius , Beza and Zegedinus . S. 10. See also , Hardnesse ; Politicall ; Probabilitie ; and Translation . Such Scriptures as Directly treate of it : see Advised . Disciples , see Circumstances . Discontentment after ●see Erasmus . Discovered , see Weaknesse , Disorder , see Inconvenient . Disorderly marriages diversly made . S. 17. A weake kind of reasoning on disorderly marrying , divorce to be allowed , and to marry againe , yet by Erasmus vsed . Ib. By him also conceived , that the Apostle would in such case allow it . Ibid. By whom such marriages are wont to be contriued , S. 20. See also , Erasmus , and Inconveniences . Disorders before : see Erasmus . Dispensation . see Interpretation . Displeasure : see Divorce . Dissolu● the bond : see Adulterie , Bond , Inconvenient , and Martyr . Dissolued : see Bonds , Dissoluing mariage : see Beza ; & Erasmus . Distempered : see Inconvenient . Divers places , strong against that opinion , not medled withall , S. 20. Divorce held , in a maner , by all . S. 1. Noted , that the Lord doth hate it . S. 12 Tolerated , not allowed . Ib. An vnlike thing that Christ should teach both it , and therevpon to mary againe . S. 13. Liberty therevnto over soone taken hold on , when first they doe not finde it to be cleerely allowed . S , 17. Both it , and marrying againe thereon , pleaded for , on the order that the Apostles tooke for Ceremonies , and making of Bishops , and afterward on determining of Transubstantiation , the proceeding of the holy Ghost , the conception of the blessed virgin , and the substance of the holy Ghost . S. 18. Pleaded for likewise on many particulars o● that Sermō of Christ on the mountaine , as of Swearing , being Angry , Reproaching , Presuming , Lawing , Revenging , Resisting evill , on that it is commanded to loue our enemies , to doe good to those that doe il to vs , and to pray for those that cu●se vs , S. 18. I● , and marrying againe theron , conceived to be some spec●all perfection Ibid That it was permitted , but only for the hardnes of their heartes , to be more thē may be gathered by sense of nature . S 19. That wee need it as much as they , and therefore should haue it as much as they . Ibid. It not to be made by the parties themselues , but by such as are in authoritie . S , ●0 . Vrged for many more causes ther●for● adulterie ▪ Ibid. By the free leage of it , eight husbands , in fiue yeeres . Ib. That vpon divorce for adultery a man may put away his wife , to be the thing that doth lie in question betwixt vs. S , 21 , Of our kinde of divorce how faulty they doe account it to be . S. 21. Marrying againe hereon misliked by M. Calvine Sec. 25. A reproach to the parttie that takeththe advantage of it . S. 23. Never any good or honest mā ( though but in a second or third degree ) thought to haue done it . Ib. The nature of wedlock not to beare it . Ibid. To account that lawfully they doe it , to bee little better then to make God the author of their villaine . Ib. Those that are such , to be like vnto Iohanan , and Balaam . Ib ▪ To be conceiued ( as it may seeme ) to bee a matter of speciall godlinesse S 26. Nothing at all for it , but that which cā little availe it , S. 34. See also , Aim ; Bond ; Christ , twice ; Erasmus , Husband , Lyranus , Marrying againe ; Speeches , Vnlawfull ; & warrant . To bee iustly Doubted , that there is Scripture against it . S. 31. Doubtfull speeches how ill to build vpon . S. 8 , yet see excusable . For doubtfull cases , see Examples and iudgements , E. ECclesiasticus , 25.35 36. of a disobedient woman . S. 2 To loue our Enimies : see divorce . One farther Enquirie ( as touching , divorce ) what it was , that Christ said vnto them , S. 27. Euthimius Zigabenus . S. 1 , v. 1 , Erasmus his opinion how farre crossed by others . S. 4 How he prote●teth , S. 7. What indifferencie he offereth Ibid. p , 31. For that opinion of his reproued by Natalis Bedda . S , 16. Himselfe doth better interpret one of those his venterous speeches , but yet is little followed therein by others of his opinion . Ibid. How hee reasoneth for the dissolving or breach of marriage , on such inconveniences as doe follow disorderly marriages S. 17 How hee reasoneth on certaine places of the word of God. S. 19. Of that companie , but only himselfe and M. Beza called to triall . S. 20. That he resteth on ▪ Mat. 5 , 31 32 , & 19.8 , 9. to haue his opinion thence S. 20. The places vsed for his defence not only those o● Christ , but some of the Apostle also . ●b . Somewhat disposed to ride , it seemeth . Ib vrging divorce for so many causes as hee doth hee h●th al men almost against him , Ib. How for hi● defense he gathere●h of the Apostle Ibid. His owne be●p●s how weake they are . S. 22. Of certaine disorders going before , and certaine discontentments after . S. 23. Certain wondersin those speeches that hee hath of the Scriptures . Ib. No more Fa●hers ligh● f●und by the forraine patrons of that opinion then himselfe had first a leaued but one of our owne to haue gon much ●arther in , and in kind ( though defectiue too ) more commendably al●o Ib See likewise , Adulterie , Bedd● ; Deut. ●4 . Disorderly ; Divorce , Hardnesse ●f hart . Lawfull ; twice , E●w . Le , Mal. 2.16 Marry againe , Obi●ction , Reasons , Speeche● , and weaknesse More Examples then are alleaged . Sect. 20 , That such things haue sometimes bin done hee bringeth in two poore examples S. 22. Divers others to iustifie or make good the Rule of S. Basil : as of many wiues & much treasure , of vserie , and of marrying two sisters ▪ S , ●● . Others likewise to shew , how carefully in doubtfull cases , the Lord is first to be sought vnto . S. 30. See also Testimonies . The Exception , in some sort , waived . Sect. 20. This i● ▪ though they had it in their owne sense , yet that in som● cases might be , it would be for them , and not so generally as they would haue it . S , 29. The●efore that in that case also , they be very warie , S. 30 See also Obiections . Excusable notwithstanding , even those Resolutions , Allegations , Protestations , & al sorts of their doubtful speeches , S. 8. Ezechiel , 44.22 . Priests ▪ not marrying with divorced women , S. 2. F. In the ancient Fathers but littl● for them : & that themselues doe to acknowledge . Sect. 22. See also Erasmus ▪ Favorable se● interpretation . Fearefull : see iudgements . Sōe Few of those ga●herings of theirs only noted . S. 20 Any liberty of the Flesh some taken hold on by vs S. 8 Fleshly see liberty . Generally Forbidding , and generaly commaunding or requiring , to haue a special difference betwixt thē , S. 29 In such sort to proceed or deale , but as it were a Forcible entrie : and that the adversarie much graunt vnto them whereon to proceed S 20 , The Former : see obiections . Foure ▪ see Bonds , and Places . G How far they haue Gathered amisse on those places that they haue vsed , somwhat strange to consider S 20. Such Scriptures as in that respect are but General ; see Advised Generally : see forbidden , Geneva : see Seely . A Ghesse , instead of proofe , what should be the meaning of those words of Christ. S. 21. , Also , see Beza . God see Bond. To doe Good vnto those that doe evill vnto vs : see divorce . Great ods betwixt their innocent partie , and the Apostles forsaken . S. 33. Ground : see Principle . Their Groundworke to bee so farre weake , and those words may be otherwise taken : and cleere it is that so they may . S. 20. Gualter , see ●dulterie ; Deu● 24. & Mal. 2. H Somewhat v●ged by Erasmus that where he accounteth divorce to be first permitted , it is not there added that it was but for the Hardnesse of their hearts . S. 19 And s●e Divorce Heed●o ●o be taken to that interpretation of his S. 16 and s●e Adv●sed , Examples and Exception . H●l●● ▪ see divorce , and Seely . Honest man see divorce . Hostiensis : see Ioan. Andreae and Bond. One of his helps not to stand , but that the Hos●●ensis must be no husband ▪ S. 21. Not to bee in the power of 〈◊〉 husband , ●o breake the bond of marryage with his 〈◊〉 . S. ●5 , I. 〈◊〉 , a law thereof . S 11. Much against the sense that they conceiue of Deut. 24.1.4 . Ibid. Ier. 32.1 . God ready to receiue . S. 2. S. Ierom , how he setteth , downe the Septuagint , in ●hat place of Malachie . S. 12. He and Bucer misliked by ●eza . S. 24. See Came to tempt . The Iewes , whether to bee called before the com●ing of Christ , not so certainely knowne . S. 8. Inconveniences following after disorderly mariages . ● . 17. Such as concerne the innocent par●ie . Ibid. such as concerne both parties , Ibid , Such as by disorderly mar●iage doe reach vnto others . Ibid. Such to bee taken yeed of before : and marriage not to bee for them dis●olued . Ib. Inconvenien● speeches much mingled withall , S. 15. Much found in those that opinion . S. 23. Some of them of the Scriptures . Ib. O●hers , that they talke of so many waies to dissolue marriage . S. 24. Some againe belōging to all ▪ others but to certain of them . Ib. Others ●ow the innocent partie is to deale with the offender . Ib. Though it might be done , yet that it were inconve●ient both in respect of the publike cause of all . & in ●espect of many private persons besides . S , 32. See likewise Erasmus ; and Weake reasoning . Indifferencie : see Erasmus . Things Indifferent , a Rule for them . S. 29. Innocent partie , whether bound to seeke to the Magistrate for the punishment of the offender , discoursed by Beza . S. 24. So likewise whether againe to receiue ●he offender into favour . Ibid. See also , Inconvenience , and Inconvenient . Their Innocent partie : see Od● . Innocencie , see Malice . Insufficien●ie : see weaknesse . Intemperatenesse of a widdow : see Malice . Vnwonted Interpretations , whàt is to be gathered out of them . S. 13. The interpretation to be favorable , otherwise the dispensation will be needfull . S. 20. Corrupt in●erpretation Ib See also , Heed . Iohanan . see Divorcers . Ioseph . for Marry , called in question . S. 24. Isa●0 ●0 , 1. God not divorcing his people . S. ● . Iudgements of God , divers and fearefull against those that in doubtfull cases haue neglected , first to seeke vnto him . S 30. And for iudgement , see Opinion . Iudicialls of Mo●es of what force to bind others . S. 24. Iunius : see Translation ; and Tremellius . Iustifie S Basils Rule , see Examples . Iuvenall . S. 20. K. Kemnizius : see Chemnizius , See likewise , Musculus , and speeches of others . L LAnd● of an adulterous woman , remaining with her husband and by vertue of marriage , argue the bond not to be altogether broken S. 16. The old . Lat●●●● acknowledged by Erasmus himselfe , not to to be of his minde . S. 4. Lawes , Those that be decretall , to bee against Erasmus . S. 4 , That any also are laid , not to bee needfull for true Christians , had need to be warily taken . S. 18. To be Lawfull which God alloweth , how far vrged by Erasmus . S. 19. That also sometimes to bee lawfull , which the law punisheth not . Ibid. Lawing , see Divorce . Ed. Le , about this matter vncurteously vsed by Erasmus . S. 10. Afterward Archbishop of Yorke , Ib. Leàue out , see ground . Of the more Learned , that generally they mistooke the Text whereon they builded , and that certaine of the chiefe o● them haue so acknowledged since , S. 34. Lending on vsurie , see Examples . Lev. 21.7 . A divorced woman , not meet for any Priest to marry , S. 2 , Letting loosse to fleshly Liberty , not likely to be any worke of Christ. S , 13 ▪ And for such kind of liberty , Farther see divorce , and Flesh. Like to this , see other things . Eras. how he Limiteth his iudgement of divorce . S 19 Pope Lion : see Bond , Loue , see Enimies , Lyranus such for divorce , as for vsurie , S. 28 , His iudgment for vsurie how to be applied against divorce . Ib. See divorce , M MAgistrats , see Adulterie ; Bond ; Innocent party , and P●etense , Making Bishops , see divorce , The Mallice of the Iew , & the intemperatenes of the widdow , thought by these to bee more fauoured , then the innocencie of the partie not offending . S , 18 , Mal. 2 , 16. If they hate them , to put them away S. 2. v , 7. Erasmus not noted to haue medled with it S. 10. In what sense taken by Musculus , Martyr , Calvine , & Gualter , S , 10. The place it selfe not to yeeld so much in the letter : but more in the sense , S. 12. See also , Words , Many , see wiues , Of Marriages disorderly made divers noted , S ▪ 6 , again see Bond ; disorderly , twice ; Divorce , & Inconvenience . Marry That neither the mā is pun●shed if he mary another , neither divorced women forbidden to marry both these by Erasmus pleaded , S , 19 , see also Christ & . Divorce . Marrying againe , on divorce for adultery held by many of speciall account , S. 1 , But many mo of the learned against it then with it , S , 14. such place● as seeme to be for it Ib. again , see August dovorce , 4. times & warrant , Marrying two sisters , see Beza ▪ and Examples . P , Martyr . that no men of any good sort , ever vsed divorce , S , 4. How he protesteth . S. 7. many waies to dissolv maryage . S. 4 , see also , Adultery , D●ut 24. Mal. 2. & speeches of theirs , Mat. 5.31 , 32. what wee may rather take to bee the meaning thereof . S. 26. See also , Erasmus , & Politicall . Mat , 19.3 , 9. what may seeme to bee the meaning of this S. 27. See also , Erasmus . Meaning , see Mat , 5. Circumstances , & Perfection . Not Medled with : see divers places , Medling , see collections , Misliked , see Calvin , How far they Mistake , farther declared , S , 10 , See also , Places , Moderate see Beza , Ari. Montanus , on that place of Mal. not suerving frō the wonted reading , S. 12. See also , Translation . How Musculus reasoneth on certaine authorities of the word of God , S. 19. Vrged by Musculus first , and Chemniziusafter , out of that law that a Priest might not marry a divorced woman , that it was lawful for a divorced woman to mary againe , S. 19. Againe , see Adulterie , came to tempt ; Deut 24. Malae , 2 , Meaning Obiection , Politicall , and Speaches of others . N Natalis Bedda , see Erasmus , Num. 5.13.31 ▪ A probabilitie that Deut , 24.1.4 . is not so to be taken , S. 11. O An Obiection strong against them , how Erasmus and Musculus doe answere . S. 16. In that Obiection that they gather out of the Apostle , allowing the forsaken to mary againe ( as the case may be ) the matter to bee cleere , that the case is not like : the one being altogether deprived of the benefite of mariage , but not the other , S. 33. Obiections but the same that Erasmus had gathered before , S. 21. Some out of the words of Christ , others out of the Apostle S. Paul , Ibid , Obiections a couple , the former of them , of the exception vsed therein , S. 28 , See also Beza , and opinion , Occasion of this Treatise , S , 1. Ods , see Great , Offender , see Innocent , How they gather their owne Opinion or iudgem●nt , and how they answere such obiections as stand against them , S , 20. The opinion of divers learned men that way inclining ▪ S , 34. Order , see Inconvenient , Of the ancient Fathers Origen , Tertullian , Pollentius ( by his welwillers in this cause , said to be a graue and learned man ) and Ambrose all noted to be ( at least ) inclining to this opinion of theirs , S. 22. The Originall , or Hebrew Text , against that ●ense of Deut , ●4 , 1 , 4. S. 11 , Divers Other things which they conceiue to be like vnto this , S. 18. Otherwise taken , see Groundworke , Others , see private persons . One of our Owne , see Erasmus , P. Panormitanus see Ioan. Andrez , Pard●n , see Innocent . Particulers , see divorce . Parties see Bond : Parties themselues : see Divorce , S. Paul. noted to let downe oftimes the rigor of that which Christ requireth , S. 20 Perfection to what end commended vnto vs , S ▪ 18. That Christ in that his discoursedid not mean to te●c● it , but to lead them on somewhat farther , to appear● by those exāples that there are aleaged , 526 , se divorce A Perilous point . see Bond. Persons : see Circumstances , How ready men are to sort themselues to that Persuasion . S , 3. Pharises tempting , see Circumstances , Some such Places as the learned doe not leane much vnto , S. 2. Of their first foure Places , S 9 , Much mistaken by thē . Ib. such as they thought to be strongest for them . S. 12 , Such of the old Testament as they thought to be ● most for them , first to leaue them . S ▪ 34 , See also Erasmus : Gathered , and Marrying againe , That presupposed allowance of Moses to be but P●liticall , and then that that other of Christ may be so 〈◊〉 S , 26 , If it be so then that the iudgement of Zegedinu● Musculus , and Calvin doth make for that sen●e or me●ning , Ibid. The nature and Force of those lawes that are but Political . Ib. See Meaning ▪ Pollentius , see Origen . Practise of the Iewes before : a token of no such 〈◊〉 in Deut : 24 1 , 4 S , 11. To Pray for those curse vs , see divorce ▪ The Pretense they haue of vrging the Magistrat th●● by very weake S , 32 ▪ The Principle it selfe to bee yeelded otherwise tha● they haue no ground worke for them S. 21. It to be craved . see forcible entrie , Private persons : see inconvenient . Probabilitie . in the practise of them , that Deut. 24. ● 4 ▪ is not so to be taken S 11 See Num. 5.13.31 ▪ Proceeding of the holy Ghost . see Divorce . Prohibitorie see forbidding . Proofe , see Ghesle . How it is Proved , that to be the sense of the words 〈◊〉 Christ , Sect. 21. Protest : see Martyr . Protestations , see Excusable . Prov. 8.22 . Of keeping an Adulteres , Sect. 2. Not Punished , see lawfull . R D. Rainolds , that many , and those of special accoun● though they allow of divorce for adultery , yet in 〈◊〉 wise to marry againe , Sect. 4. Rare , see Adultery Ready . see Perswasion . Reasoning , see Erasmus . Weake Reasonings , togither with inconvenient & d●stempered speeches , what they boad , Sect 15. Reasons Such a● simple arise out of the matter it self● Sect. 6. Such as they haue so to induce them . Ib. Most o● them al , set downe by Erasmus . Ib Such as stande most by comparison . Ib. Such as they haue in certaine inconveniences , are but weak , S. 17. Such as they haue on the Testimony of others : first of God , Sect. 19. then of me● See , Weakenes . Reconcile . see Innocent . Reformed Churches said to be much with those that 〈…〉 〈…〉 〈…〉 〈…〉 〈…〉 〈…〉 〈…〉 〈…〉 〈…〉 〈…〉 Erasmus . 〈…〉 Calvin for Deut. 24.1.4 See and , ● . ●a●l , 〈…〉 Indifferent . S 〈…〉 ●●●tance ▪ see Similitude 〈◊〉 of Divinity , against Erasmus , Sect. 4. 〈…〉 two sortes of places most appertaining 〈…〉 Sect 1. See , Doubted ; & Inconvenient . Of certaine Scriptures a britle shew , & denying their 〈…〉 S. 34. See also directly ; and General . 〈…〉 Meaning , and Words . The 〈◊〉 his , how they interpret that place of 〈◊〉 ●ect . 12. 〈◊〉 of Christ on the mountaine : see divorce . 〈◊〉 to the Lord : see Example ; & Iudgements . A 〈◊〉 helpe , for the matter in question , in the order 〈◊〉 the Church of Geneva , Sect. 24. 〈◊〉 of crooking to some special purpose , S. 8 〈…〉 and divers appetites , S. 3 Of the grap 〈…〉 togither , S. 16. Of one that taketh in some 〈◊〉 of his ●round , & leaveth out some part of it , S 26. Of 〈◊〉 ready & combersome way , S. 8. Of ballāce or scales , 〈◊〉 places , but two of them chiefly , that seeme to be 〈…〉 〈…〉 may in faire possibility argue an 〈…〉 〈…〉 ●o●●e wich . 〈…〉 of M. Beza for divorce : & whence 〈…〉 M. Calvin , Sect. 1● . 〈…〉 of theirs , arguing thēselues to note 〈…〉 in their opinion , S. 5. See also , doubtfull ; 〈…〉 and Inconvenient , fowre times . 〈…〉 godlines : see Divorce . 〈…〉 cleere of them : see Game to tempt . 〈…〉 see divers 〈…〉 of the holy Ghost : see Divorce . 〈…〉 put a Sunder whom God hath coupled , 〈…〉 , vn●erstand , Sect 16. 〈…〉 , how to be moderated , Sect. 33. 〈…〉 . T 〈…〉 〈…〉 they came to Tempt him , he but stā . 〈…〉 stoppeth their mouthes : so 〈…〉 and Calvin , Sect. 27. 〈…〉 〈…〉 and examples howe bad 〈…〉 with , Sect. 27. 〈…〉 〈…〉 〈…〉 the Vniversal opinion of the whole Church ; against the 〈…〉 here , bring vs but weake reasons , are faine 〈…〉 protestations withall ; and haue 〈…〉 distempered speeches besides , Sect. 34. Turne : see Circumstances . The Translation of Deut. 24 , 1.4 . amended by divers : Sect. ●1 . Transubstantiation ; see Divorce . Treatice ▪ see Occasion . Much Treasure forbidden to Princes : see Examples . Tremellius and Iunius note the better reading of that place in Mal. S 12 In Tremellius far●he● see Trāslation . Triall : see Erasmus The Truth to bee , that our selues were so impotently given to our owne af●ections , that it was an easie matter to lead vs to such opinion as wherevnto our selues inclined , Sect. 34. The Turks , whether to be called before the comming of Christ , a thing that is to vs vnknowne , Sect. 8. Two : see Places . V Fra. Vatablus in that place of Malachie , not swerving from the wonted reading , S. 12. See also , Translation . A Villanous sin : see Divorce . Vncurtiously vsed : see Edward Le. Ods of Vsury towards neighbours , and strangers , S 28. See also , Examples ; and Lyranus . The protestatiōs they Vse therein , to what end it may seeme that so they do , Sect. 7. W NOt vnlike , but there is at al no Warrant for them ( in that opinion of theirs ) in the word of God , S. 1. And a cleere matter ( it seemeth to me ) that those places yeeld them no Warrant , Sect. 13. Way see Similitude . Weake reasoning much vsed by thē Sect. 15. How weak ▪ notwithstanding they account al to be that ●s b●ought against them : & that more specially noted in one of the chie●e , S , 22. Sir also , Conclusions , Disorderly , Erasmus , Groundworke , Pretence , Reasoning , & Reasons How Weakly by S Paul he helpeth himselfe therin S , 2● Weaknes of Iudgment in some wherefore to be noted S. 1. The weaknes of those reasons of theirs , some●hing discovered , S. 18. The same againe or the insufficiencie of Erasmus his reasoning therein , in divers poi●ts noted S : 19. Weaknes of the people much borne with by many examples in the Ol● Testament , & in the new , S 26. See also ▪ Reasons . Wedlocke : see divorce . Wiue : many , forbidden to Princes : see Examples . A Wonder with him , that S. Augustine never espied so much therein , S. 21. See also Erasmus . Those Words o● Mal , 2.16 . though they should keepe their wonted reading , yet that the sense were much against them , S. 12. Z 〈◊〉 Zacha●●● see ●ond . 〈◊〉 for dissolving of marriage , many waies , S. 2● See also Deut ▪ 24 Meaning Pol●ticall ; and Speeches of 〈◊〉 Notes, typically marginal, from the original text Notes for div A17240-e200 Gen. 2.21.14 . Abraham , & Sarai Gen. 16 , ● 4. Iacob & Laban . Lea & Rachel Gen 29.27.30 . and 30 , 3 , 4 ▪ 9.10 . Deut. 24.1.4 . Mat 19 7. Mat. 10.4 . Lev. 18.18 . Lev. 1● . ●6 . Deut. 17.17 . a Gen. 26.31 . b Exod. 26.3.5 . c Ezec 19 23 & . 3.13 . d locl . 2.8 , Notes for div A17240-e1050 Sect. 1. Euthim. Zigabemu● . pag. 35. Sect. 2. What those places are , that be for divorce . Eccl. 25.35.36 . Pro. 18.22 . Lev. 21.7 . Ezec. 44.22 Isa. 50.1 . Sect. 3. Ier. 3.1 . Deut. 24.1 . Mal. 2.16 . How ready many are vnadvisedly to build thereon . Sect. 4. Those that are for divorce , and marrying againe , much crossed by others . Erasmus . In 1 Cor 7. pag. 491. Chrysostōe Old Latines Ibid. Augustine . Constitutions decretal ; & the Schooles against it . All the Latines Eccl. lawes . Divinity . P. Martyr . Sect. 67. pag. 306. D. R. Cap ● . sect . 1 , Sect. 5. Their doubtfull resolutions . Erasmus . In 1. Cor. 7. a Pag. 495. b Ibid. c Ibid. d Pag. 504. Pag. 501. Musculus . In Mat. 5. p. 112. P. Martyr . In 1. Cor. 7.1552 . & habetur in locis . com . Sect. 68. pag. 306. Sect. 56. pag. 302. Ibid. Kemnisius . Parte 2 , sess . 8. can . 7. pag. 2.87 . Ibid , p. 283. Beza . De repud , & divor . Ob. 15. pag. 111 : 112. Pag. 113. Pag. 115. Zegedinus . De coniug . & divor . Tab. 2. pag. 354. Sect. 6. Vpon how weake reasons they haue grown to this resolution . Erasmus . Pag. 504. Ibid. Pag. 505. Ibid. Ibid. Ibid. Ibid. Ibid. Ibid. Ibid. Ibid. Sect. 7. What protestations they vie withall . In praefat . pag. ulc . Ibid. In 1. Co● ▪ 7. pag. 491 Ibid. Ibid. pag. 505. P. Martyr . In 1 Cor. 7. & 7. et in Loc. com . Sect. 56. p. 302. Opusc. vol. 2. pag. 3. Ibid. Ibid. pag. 4. Sect. 8. De repud . & divort . pag. 114. How far we may gather hereon : nothing at all to their disgrace ; but only to our own better instruction . Sect. 9. Of the places themselues . The first 4. of them . The two latter . Sect. 10. How the places of Scripture were taken by them . By Erasmus when first he gaue forth his iudgement on them . In Annot. in 1. Cor. 7. pag. 503. Ibid. p. 505. Erasmus . When afterward he was impugned for it . Nat. Bedd● Tom. 9. p. 366. Ibid. pag. 775 ▪ Ed. Lee : In Apolog. sua Lovanii 4 Calend. Ian. 1519. Sect. 8. In responsione ad Annotationes Ed. Leinovas ad annot 17. Tom. 9. pa. 221. In resp . ad Epistolas Erasmi fol. 140. Sect. 10. Musculu● . P. Martyr . Calvine . Gua●ter . Mart. Chēnicius . Beza . Sect. 11. Steph. Szegedinus . That so taking thē , they did mistake thē First that place of Deuteronomie . 24 : ● ▪ 4. Per eū factū●st &c. Trem. Iunius . Num. 5 ▪ 13 ▪ ●1 . P. Martyr . Imprinted by Robert. Stephanus . 1557. F. Vatablus Ar. Montanus . Im. Tremel . Fra. Iunius . M. Calvine . In Harm . in I● . Legis . p. 364. Mr Beza . Ib. pag. 115 Ben. Ar. Mont. Lex Dei etc. Pag. 75. Fr. Vatab. Tremel . Iun. Ib. pag. 115. Sect. 12. Then that ●ther pla●e of Malachy 2 : 16. V. tab . Mont. Septuag . Trem. un . Tom , 6 ▪ fol. 13● . In Mal. 2● 16. pag 77● Sect. 13. How far this mistaking of theirs is to be vrged against thē . Sect. 14. Of those places that are for marying again that they also will help them litt●e . The iudgement of others against them Sect. 15. Their own defects such as wel may make their iudgement suspected . Sect. 16. How weakly they reason , on the things here vnto appertaining ▪ evē the same that are in question , & appertaine to the substance of them . First to take away an obiectiō Mat. 19 : 6. 1 Cor. 7. p. 499. In Mat 5. pag. 114. Then to expresse their owne meaning therein . Ibid. In Mat. 5. p. 11● . Pag. 113. Pag. 114. P Martyr also : loc . c. m. clas . 2. c. 10 sec 71. ●n Ma● 5 : 31. In Mat. 19. In Mar. 10. pag. 21. b. In lib de Repud . & divor● . pag. 110 , 111. Pag. 12. Pag 113. Pag. 116. Which iudgement of theirs is further examined , & the band of marriage further cōsidered . 4. Bands . Nat. Bedda Supputatione● Beddae . 22. Tom 9. pag 472. Sect. 17. How weakly they reason in suck things as are but accidentary . Sect. 7. Vpō abuses In 1. Cor. 7. pag. 504. Vpon incōveniences . Ibid 492. Ibid. p. 496. Ibid. p. 495. Derepu● . & divor● . pag. 113. Ibid. Sect. 18. How weakly they reason , vpon other things whēce they draw reasōs to this . As from the like . In 1. Cor. 7. pag. 494. Ibid ▪ Ibid. Ibid. p. 495. Page . 496. Pag. 497. Ib. pag. 498. Pag. 499. A● frō the lesse vnto the greater Annot. in 1. Cor. 7. pag. 502. Ib. pag. 505 Sect. 19. How weakly they reason frō the authority of ●thers ▪ & first of God First by mistaking the Text. Erasmu● ▪ Annot. in 1. Cor. 7. pag. 505. Ib. pag. 499 ●● Mat. 19. Ib. pag. 11 ▪ Exam. par . 2. in Sam. 7. pag. 285. Sense of nature aperilous giud herein . Sect. 20. Then by gathering amisse thereon : but therein only of a couple of them . Erasmus . First for his owne opiniō herein . Annot. in 1. Cor. 7. pag. 498. Pag. 499. Ib. pag. 498. Then , for his defense against others . Out of the words of Christ. Pag. 498. Ibid. Pag. 499. Ib. pag. 499. Ibid p. 500. Ibid p. 499. Out of S. Paul. Hom. 7 : 2 , 3 , 4. Ibid. p. 502. Ib. pag. 503. Ibid. p. 503. Sect. 21. M. Beza how hee likewise doth gather amisse . First in establishing his own opinion . De Repud . & divo●t . pag. 109. Mat. 5 : 31 , & 19 : 9. Deut. 24. c. Then , in answering to certai●e Obiections . Out of the words of Christ. Annot in . 1. Cor. 7. pag. 503. Out of St Paul , De Repud . & Divort. pag. 110. Exod 3 , 6. Mat. 22 : 31 , 32. Deut. 25.4 . 1. Cor. 9 : 8-11 . 1. Cor. 7 : 1● . 11 . Ibid. p. 110. Sect. 22. How weakly they reason on the authoritie of men . First , out of those that may seeme to bee with them . Annot. in . 1. Cor. 7 , pag. 492. Ib. pag. 493 ▪ Er. pag. 505 Sect. 22. D.R. Cap. 1 Ibid. c. 3. pag. 495. Ibid. Ibid. Ibid. Then out of those that are against thē , Pag. 505. Pag. 498. D.R.C. 1. Sect. 23. What inconvenient speeches they haue besides : Erasmus especially . Such as are his own , Cōcerning his iudgement herein . Anot. m. 1. Cor. 7. pag. 499. Ibid pag. 500. Cōcerning the Scripture it selfe . Pag. 505. Pag. 499. Pag. 499. Pag. 502. Pag. 503. pag. 506. Sect. 24. Such as are in the Authors whome hee alleageth . Pag , 492 , 493. D R. in all his third Chapter . Inconveniēt speeches in others . General to all . Art. 7. More speciall to certain of thē . More causes of diuorce . P. Martyr . In 1. Cor. 7. & in loc . com . clas . 2. c. 10. sect . 69. p. 306 Ibid. Sect. 70 , 71 , Zegedinus . In loc . com . p●o leg . in ●ab . 1. de divortio . In append . ad tab 1. de divortio . p. 348. Not to receiue againe the wife offending Beza . De Repud . & divo●● , p. 113.114 . Ibid. Ibid. p. 115. Sect. 25. The meaning of the places themselues : & first that such is not the meaning of them as they would haue it . For that Christ himselfe is not like to bee so favourable vnto it . In Mat. 19 , 3. I● . Harm . i● lib. Mos●s , in Praeceptum . In Marc. 10. And for that the nature of wedlock cannot wel bea● it . Harm in Mat. 5.31 . Sect. 24. In 1. Cor. 7● 11. In Mat. 19.7 . Ier. 42.20 . Sect. 26. Num. 22 , 10.19 , &c. Then what we may thinke to be their meaning indeed , and first of that in the fift of Saint Matthew . The sense of the Place first set down In loc . com . prol . pag. 347. In Mat. 5. Harm . in Mat 5.31 . Idem in Mal. 2. Exod. 34 : 29. ●5 . De●t 21 , 15.24.1 . 2. King. 51.17 . ●9 . Ioh. 1.21 . Mat. 11.14 . & 17.10.13 . Heb. 5.11 ▪ 4 ▪ Act. 15.28 , ●9 1. Cor. 8 , 1 , ● . ● a Mar. 44 , 7 , 36 , b Mat. 16.20 . c Mat. 17 , 9. Iob. 16 . 1● . Luc. 15. ●8 , 31 Luc. ●8 , 2● , 22 Mat. 20 , 12 16. Mat. 10.35.45 . Then a certaine obiection answered . Mat , 5 . 2● , 27 Mat. 5.33 . Mat. 5. ●8 . Mat. 5.43 . Mat. 6.1 . Mat. 6 , 5.16 . Sect. 27. The sense of that other , in the nineteenth of S. Matthew . 〈…〉 The iudgmēt of oth●r● In Mat. ●● . 10.9 sol , 26. In Mat. 19. p. 502. In Mat. 19 , 7. The circumstances of the Te●t it selfe . Isa. 8 : 13.15 . Luc. 2 , 31. Rom. 9.32 , 33 1 Pet. 2 : 8 , 9. Isa. 6 , 10. Ezech. 14 , 1.8 . 2. Kings . 1 , 9 ▪ 12. Mat. 13 . 11● Act. 5.1 , 10. Mat. 22.15.22 Ioh. 8.3.11 . Mat. 21 , 23.27 Mat. 19.10 . Mar. 10 , 10 12 Sect. 28. Certaine doubts answered , namely of the Exception that it will not help them , in that sense that we doe take i● in shewed by divers other places . In the olde Testament . Deut. 17.17 . Deut. 23.19 . Ib. 20. In Mat. 19. Tremel . Iun. Ib. 16. M. Bezaes iudgement herein , worth the marking . De repud . & divort . p. 79. & 80. Mat. 2● . 20 ▪ Mat. 1.25 . In the new Testament . Mat. 5.26 . 1 , Tim , 3 , 2. Sect. 29. How little the Exception doth help them , in that sense that they would haue it , A rule to iudge of things vnlawfull , and indifferent . Sect. 30. That they ought to bee well advised herein ▪ What examples they may haue , so to doe , 1 , Sam , 23 12. Ib. 16. Ib. 9.12 ▪ 1 Sam. 25.5 , 6 1. Sam. 30.7 , 8 2. Sam. 2 , 1. 1. Sam. 16.1 , 13. ● . Sam. 17.49 . ●2 , Ib. 18.6 , 7. Ib. ●8 . 8.2●.2 . 2. Sam 30 : 26 30. 1 King● . 10.1 ▪ 2. Ib. 22 : 5.7 . What wrath they may feare , if so they doe not . Lev. 10.1 , 2. ● . Sam. ● . ● . Sam. 10.8 . Ib. ● Ib. 2.7 . Ib. 6. Ib. 22.21 . Ib. 13.8 . Ib. 8 . 1● . Sect. 31. That they do nothing against other Scriptures , which in this case are strōg against them Such as directly treat of the matter in question . Gen. ● , 23. ●4 . Mar. 19.4.6 . Mar 10 , 6.9 1. Cor 6.16 . Eph 5 . 30.3● . Rom. 7 , 2.3 , ● ▪ Cor. 7 . 3● . 1. Cor. 7 , 10.11 Those that treate of it but generally Sect. 30. a Mat. 11 , 29.16.24 . b Mat. 5.39.41 , Pro. 24.29 . Mat. 18.22 . Luc. 6 . 2● . 1. Thes 5. ●5 . c Act 20. ●8 Iude 20 , 25. Heb. 10 , 25.12 13.15 . Lev 19.17 , 18. 1. Thes. 5.11.14 . Sect. 32. The Inconvenience there of to be such at that onely should stay vs How many waies it is inconvenient . No iust excuse vnto the in this that the Magistrat doth not punish adultery with death . 1. Cor 6.12 . 1. Cor. 8.13 . Gen. 14 , 22 ▪ 23 Gen 15. ● ▪ Sect. 33. 2. Sam. 23 , 25.27 . The other doubt , of the Apostles grāting of marriage to the faithfull forsaken , answered also , The eases not like , and wherein they differ . An other cōsideration out of t●e same , Sect. 34. The Conclusion . 
A40860	----	The famous tryal in B.R. between Thomas Neale, Esq. and the late Lady Theadosia Ivy the 4th of June, 1684, before the Right Honourable the late Lord Jeffreys, lord chief justice of England, for part of Shadwell in the county of Middlesex ... together with a pamphlet heretofore writ ... by Sir Thomas Ivy ... Mossam, Elam. 1696 Approx. 525 KB of XML-encoded text transcribed from 49 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2004-05 (EEBO-TCP Phase 1). A40860 Wing F386 ESTC R35557 15363852 ocm 15363852 103513 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A40860) Transcribed from: (Early English Books Online ; image set 103513) Images scanned from microfilm: (Early English books, 1641-1700 ; 1187:16) The famous tryal in B.R. between Thomas Neale, Esq. and the late Lady Theadosia Ivy the 4th of June, 1684, before the Right Honourable the late Lord Jeffreys, lord chief justice of England, for part of Shadwell in the county of Middlesex ... together with a pamphlet heretofore writ ... by Sir Thomas Ivy ... Mossam, Elam. Ivy, Theadosia Stepkins, Lady, d. 1694 or 5? Neale, Thomas, d. 1699? Ivie, Thomas. Alimony arraigned, or, The remonstrance and humble appeal of Thomas Ivie, Esq. England and Wales. Court of King's Bench. 95 p. in various pagings : map. s.n.], [S.l. 1696. "Elam Mossam, plaintiff; versus Dame Theodosia Ivy, defendant"--P. 1. "Mr. Neale was lessee and so now lessor of the plaintiff"--To the reader. "Alimony arraign'd, or, The remonstrance and humble appeal of Thomas Ivie, Esq." has special t.p. Reproduction of original in the British Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. 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Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Real property -- England. Divorce suits -- England. 2003-12 TCP Assigned for keying and markup 2004-02 SPi Global Keyed and coded from ProQuest page images 2004-03 Judith Siefring Sampled and proofread 2004-03 Judith Siefring Text and markup reviewed and edited 2004-04 pfs Batch review (QC) and XML conversion THE Famous Tryal in B.R. BETWEEN THOMAS NEALE , Esq AND THE Late Lady Theadosia Ivy. The 4th of Iune , 1684. BEFORE The RIGHT HONOURABLE THE Late Lord Jeffreys , Lord Chief Justice of ENGLAND , For PART of SHADWELL IN THE County of MIDDLESEX . AS ALSO The Title of the Creditors of Sir Anthony Bateman , and the Heirs of Whichcott , compared with that of the Lady Ivy to certain Lands in WAPPING . TOGETHER WITH A Pamphlet heretofore writ and set out by Sir Thomas Ivy ( her Husband ) Himself , and here now Reprinted again . In Perpetuam Rei Memoriam . Printed in the Year , 1696. TO THE READER . THE late Lady Ivy , so many Years famous for Wit , Beauty , and Cunning in Law above any , being so Unfortunate in the Year 1684. in a Tryal between Thomas Neale , Esq and her Ladyship , before the then Lord Chief Justice Ieffryes , to have the Deeds by her then produced not believed , such of her Heirs and Executors as have not renounced ( which some of them have ) the having any thing to do with her Title ( as well in Vindication of her Ladyships Honour , as of the Integrity of such Council and Attorneys , as then were imployed in the Cause , in Case they should be so again ) do give out of late , that though she and they then were so cruelly baffled , they however will try for 't again . Now for the Honour of both Judges and Jury before whom that Cause was then tryed , and for the Benefit of the Free-holders of Middlesex , whose Estates may be possibly subject to be claimed by Deeds left by her Ladyship , she having often declared she had Title to many more Houses and Lands than she in her Life time had sued for , as also for the Satisfaction of such as are in the least desirous to know the Truth of this Matter . The following Tryal is Printed , with a Map of the Land then tryed for , being about seven Acres in Shadwell , in the County of Middlesex , of which the Lady Ivy by a Verdict the Michaelmas Term before had got the Possession . The State of the Question being whither the said seven Acres was part of the ancient Inheritance of the Dean of St. Pauls , London ; to whom the said Mr. Neale was Lessee and so now the Lessor of the Plaintiff , or part of Wapping-Marsh that had been dreined by one Vanderdelf , and after sold to the Stepkinses , under whom Lady Ivy did claim : As likewise is with it reprinted Three or Four Sheets of Paper writ in the Year 1687. comparing the Lady Ivy's Title with that of the Creditors of Sir Anthony Bateman , and the Heirs of Witchcutt , for Lands in Wapping ; with a Map thereof as it now lies , most plain and exactly agreeing with the Boundaries mentioned in the old Deeds on Record , by which alone , and no other , they claim , and now are possest of the same . To which also is added a Pamphlet entituled , Allimony Arraigned , writ by Sir Thomas Ivy ( her Husband ) himself ; Reprinted herewith to make the Book sell the better , and to the longer perpetuate so true and diverting a Story . The CONTENTS . THE Dean of St. Pauls Title , from pag. 1 to pag. 4 Lady Ivies Title , from pag. 4 , to 22 Knowles Examined about finding Deeds for Lady Ivy , p. 7 Swears he found out one Deed by what was Writ on the Outside , and nothing was Writ on it . p. 8 Swears he found another Deed by seeing Marcellus Hall's Name Writ on the Outside , which Writing after appeared to be writ by Sutton , Lady Ivies Attorney , p. 9 The Survey of Stepney produced for and by Lady Ivy , but proved otherwise , p. 12 Banister , Lady Ivyes Rent-gatherer , Examined to the finding a Deed in Knowles's House , to which he had set his Hand , and swears he found it there p. 15 But it proved the Purchase Deed , and so that could not be , p. 16 Banister and Knowles swear contrary to each other , p. 17 A Commission of Sewers produced , but not by the proper Officer , p. 23 The Overshot-Mill pretended to , by Lady Ivyes own Witnesses , made appear to be a Tide-Mill , p. 26 Mrs. Barefoot , a through paced Witness , sworn , and other Witnesses of Lady Ivyes , p. 29 , to 32 The Plaintiffs Reply , p. 32 Foxes-lane proved the Boundary 'twixt the Deans Land and Wapping-Marsh , by Mar and Leyburn the Surveyers , proved 130 Acres West of Foxes-Lane , p. 37 The Forgery opened and proved by the Style of the Deeds themselves , by Styles in the Acts of Parliament , and Fines of that time , p. 38 Sir Charles Cotterell sworn , p. 39 Sir Charles tells the story of Lady Ivyes forging a Mortgage of 1500 l. from Sir William Salkeild , and how Mr. Duffett was privy to it , and how Mr. Sutton was so concern'd in it , that L.C.J. said it smelt rank of a Knave ; how Lady Ivy did relinquish this Mortgage , but afterwards writ Duffett word she would set it up again , and that he should have half of what she Recovered , p. 40 Lady Ivy frets at Sir Charles Cotterell's Evidence . p. 41 Mrs. Duffett ( Lady Salthills Daughter , and Widow to Mr. Duffett , who was reputed to forge for Lady Ivy ) being sworn , swears she saw her Husband forge several Deeds for Lady Ivy. 1st , a Bond of 1000 l. from Sir Tho. Ivy. 2d . Several Letters . 3d. She seeing him writing a Parchment , she asked him what 't was , and was answered , he was Counterfeiting one Glovers Lease , by which Lady Ivy would get many hundreds of Pounds , and that he should get 500 l. 4th the aforesaid 1500 l. Mortgage , Lady Ivy and Mr. Duffett agreed to make in my Sight , Lady Ivy directing what Ink to use to make it look Old , that Mr. Sutton was lett in when Mr. Duffett was counterfeiting for Lady Ivy ; and how they rub'd the Deeds on dirty Windows , and wore them in their Pockets , and laid them out in Balconies , and shriveled them before the Fire , or in the Sun to make them look Old , p. 41 200 l. of the Money borrowed of Sir Charles Cotterel at one time , given to Mr. Duffett , and as much to Mr. Sutton , Mrs. Eliz. Riccord Sworn , produced Lady Ivy's own Letters left with her by Mr. Duffett , to whom they were writ , in one of which she tells him , she intends to set Sir William Salthill's Mortgages on foot again ; and as her Husband promised him he should have half , and two Bottles of Ink , out of which she saw Mr. Duffett write for Lady Ivy , what he said was forged , and said , that with Ink out of these Bottles , he could make new writter . Writings look old very soon , p. 42 Here the Plaintiff ended , and then follows : Mr. Attorney General 's Arguments to palliate the Forgeries , p. 43 Mr. Sollicitor Geneneral endeavours , ( but to no purpose ) to make them not believed Forged , p. 44 Mr. Solicitor General pressing that for Evidence very hard , the Lord Chief Iustice would not admit , p. 45 Mr. Attorney and Mr. Sollicitor say all they can for Lady Ivy , p. 45 Then follows the Lord Chief Iustices Speech , wherein he incomparably Summs up the whole Evidence , p. 46 His Lordship speaks of the Forgeries , p. 52 Mr. Sutton shuffles and rouses , whereupon L. C. I. tells him , it is very Rank , I assure you , p. 54 A Verdict offered by Lady Ivy to destroy Mrs. Duffett's Testimony ; as also her Husband's Oath declared to be no Evidence . See Pag. 44. p. 54 The Verdict for the Plaintiff , and several of the Forged Deeds ordered to be left in Court , and a Prosecution for Forgery directed upon them , p. 54 Next follows the Map of Shadwell : Then the Map of the Lands in Wapping , and the Comparison 'twixt the Title of the Creditors of Sir Anthony Bateman , and Heirs of Whitchcutt , and that of the Lady Ivy , and ends with Allimony Arraigned . The Lady Ivy's Tryal , For great Part of Shadwell , in the County of Middlesex . Die Martis , 3. Junii , 1684. Ter ' Trin ' 36 Car. II. B. R. Elam Mossam , Plaintiff ; versus Dame Theodosia Ivy , Defendant . This Day this Cause came again to be tried at the Bar of the Court of King's Bench , by a Iury of the County of Middlesex ; whose Names follow : Middlesex Jury . Sir Reginald Foster , Baronet . Sir Iohn Cutler , Knight and Baronet . Sir Goddard Nelthorp , Baronet . Sir Michael Heneage , Knight . Sir William Gulston , Knight . Sir Richard Downton , Knight . Richard Reynell , Esq Ralph Bucknall , Esq Thomas Austin , Esq Ioseph Dawson , Esq Thomas Cleve , Esq Richard White , Esq Who being counted , the Record was read to them by the Clerk of the Papers in English ; and opened by Mr. Holloway , for the Plaintiff . Mr. Serj. Stringer . MAY it please your Lordship , and you Gentlemen of the Jury , I am of Council in this Case with the Plaintiff , and the Question will be whether the Lessor or the Plaintiff hath a good Title to the Tenements in Question , which are about Three or Four Hundred Tenements near Radcliffe in Shadwell Parish , and the Ground thereof is , say we , the ancient Inheritance of the Church of St. Paul's , who have had the Possession thereof for Four or Five Hundred Years . We shall prove Leases down for some Hundreds of Years , till we come to that made to the Lessor of the Plaintiff under whom we claim . We will begin with the last Lease of Dean Stillingfleet , 30. Sept. 1678. upon the surrender of the Lease made by Dean Sandcroft , now my Lord Archbishop of Canterbury . Swear Ieofrey Willan ( which was done ) it is a Church Lease , but yet he is a Witness to it . The Lease of 30. Sept. 1678. was read . Mr. Serj. Stringer . ( shewing to him another Deed. ) Did you see that Deed sealed and delivered ? Willan . Yes , Sir. An Indenture 4 tite . made the 25th . March , 1679. 31 Car. II. between Thomas Neale , Esq the Lady Gold , &c. Read. Mr. Att. Gen. We admit the Assignment . Mr. Serj. Stringer . Then we shall prove the Lands in Question were always held of the Dean of Pauls . Mr. Att. Gen. Ay do , shew that these Lands in Question were so , if you can . L. C. I. I would not interrupt you , Gentlemen , pray go your own way ; but if I mistake not , you had as good begin with 5 Ed. VI. as you did last time , as I remember , I have not indeed my Book I had then here ; I fear we have not overmuch time to waste , we shall want time at the latter end of the Cause , therefore pray come close to the Merits of the Cause . Mr. Serj. Stringer . We will shew it if they require it , they know it well enough . Mr. Att. Gen. Shew what you can . Mr. Serj. Stringer . In 5 H. VIII . the Dean of Paul's , Collett , Leases to one Iohn Hall. L. C. I. But it is 5 of Ed. VI. I ask for . Mr. Serj. Stringer . 23. Feb. 5 Ed. VI. Dean May doth make a Lease to Ioan Hall , and Marcellus Hall. Then Dean Fecknam , 10. Dec. 2 and 3 Phil. and Mar. in Consideration of a Surrender of that Lease , let ts another Lease to Marcellus Hall ; and so it continued till May 1630. and then Dean Donne made a Lease for Three Lives , and upon the Surrender of that in 1636. Dean Winnet made a Lease to Moor , and in 1640. he made another Lease to Winterburn , which was sold to Mr. Neale , and so came to the Lesser of the Plaintiff . First read this Book . Mr. Att. Gen. What Book is it , Mr. Serjeant ? L. C. I. Ay , tell us what it is ; open it before you read it . Clerk. reads . ] A Tenement with a Watermil , cum Pertinentiis — L. C. I. What is it you read there ? Mr. Serj. Stringer . It is a Book that belongs to the Dean and Chapter of St. Pauls . L. C. I. What Book is it ? How do you prove it to belong to the Dean and Chapter of Pauls ? Then Mr. Spencer was called , but could not readily come in by reason of the Crowd . Mr. Porter was sworn . Mr. Serj. Stringer . Mr. Porter , What say you to this Book ? Porter . Since the beginning of this Suit , this Book was found among the Writings of the Dean and Chapter of Pauls . Mr. Att. Gen. How long ago , Sir , upon your Oath ? Porter . About a Year ago . L. C. I. That is but a slovenly account of such a Book as this . Mr. Williams . It is plain , my Lord , it is not a new Book made on purpose : L. C. I. It is plain that in this slippery Age we live in , it is very easy to make a Book look as old as you would have it . Mr. Serj. Stringer . We will go on to the Lease made to Marcellus Hall. Then Mr. Spencer came in and was sworn . Mr. Williams . Pray , Sir , when first saw you that Book ? Spencer . Seven Years ago . Mr. Att. Gen. Where Sir ? Spencer . Among the Evidences of the Dean and Chapter of Pauls . L. C. I. What is it you would read in it ? an intire Lease , or what ? Mr. Serg. Stringer . 'T is a short Note of a Lease . Clerk. reads . ] A Tenement with a Watermil — L. C. I. See if the Book have any Title . Clerk. No , my Lord. L. C. I. Let me see it . ( Which was done ) Mr. Serj. Stringer . The 23th . Feb. 5 Ed. VI. — L. C. I. You , Spencer , Have you seen in any of the Books an Entry of any Lease made by Dean Collett . Spencer . I have not observed that I have seen any Lease of Dean Collet . L. C. I. Have you seen any Lease made by Dean Collet , in the time of Henry VIII ▪ about any of the Churches Lands ? I ask you the Question , because I observe here in this Paper in two places here is the Word , Dean Collett , writ with another Hand than that of the Book ; but Nowell is writ with the same Hand as the other . And so Nowell seems to have been put for the Maker of this Lease , as being put upon the Top ; when in Truth he was not Dean till long after . Upon your Oath , in whose Name was that Lease Lett that is here spoken of . Spencer . I know not , my Lord , that is the Book I saw then . L. C. I. Is this Lease in your Book of Leases ? Mr. Att. Gen. Pray , Gentlemen , you did produce before your Original Deed of Purchase : Where is it now ? Mr. Williams . That Book was produced and read at the first Tryal . L. C. I. What first Tryal ? not that last Term. Mr. Williams . It was in Court at that time . L. C. I. I believe not , you are mistaken in that , for I brought the Notes I took then and I find no such thing here . Mr. Att. Gen. They produce then the first Purchase of the Dean . L. C. I. Is there any Lease of Henry VIII . Time in that Book ? Spencer . I do not remember any Lease of H. VIII . Time of this Land , but I have seen that Book ever since I belonged to the Dean's Business . L. C. I. Have you not a Book of the Succession of your Deans ? When was Collet Dean ? Mr. Williams . In 1505. L. C. I. When was Nowell Dean ? Mr. Williams . in 1560. L. C. I. Then I assure you this Book is grandly suspicious . Mr. Att. Gen. They threaten us with Forgeries , and I know not what , I believe it will be found on Mr. Neale's Side . L. C. I. If in case you come and produce a Book , and you value your selves upon the Antiquity of it , as an Evidence that this Land did belong to the Dean and Chapter , and leased by them 5 H. VIII . and in that Book Nowell is written by the same Hand as the rest of the Book , as Dean then , but because you find Collet was then Dean , and Nowell not till threescore Years after , Nowel , is turned by another hand to Collet , it draws a great Suspicion certainly upon your Book , as set up for a purpose . Mr. Williams . It is true , my Lord , if we did that it were something , but we find an old Book among the Evidences of the Church , and we produce it as such ; we have not altered it , therefore it cannot be done for our purpose . L. C. I. Who knows who did it , but done it is . Mr. Att. Gen. And your Title is under the Dean and Chapter of Pauls . L. C. I. Who keeps the Evidences that belong to the Dean and Chapter of Pauls ? Spencer . They are kept in the Chapter-House . L. C. I. I am persuaded there may be an ancient Book , and this may be such an one , but it looks a little untoward in this Particular . You , Spencer , did you look upon those two particular Passages ? Spencer , No ; I did not observe it . Mr. Serj. Stringer . My Lord , our next Lease in the Book recites one made by Collett . Mr. Att. Gen. Come upon your Oath ; did not Mr. Baron , or Mr. Neale come to search in this Book ? Spencer . Yes , they did . Mr. Serj. Lutchwich . How long ago was that ? Spencer . As to Mr. Baron or Mr. Neale themselves , I did never see them come to search : But some for them have . Mr. Williams . Do you believe the Book was thus as it is now , before you came at first to it ? Mr. Serj. Lutwich . You say they did not come to search , what did they come for then , to drink ? Spencer . They have come to the Officer , Mr. Porter , but I never see them search . Mr. Williams . But I ask you again , was it so when you found it first ? Spencer . I believe it was , I know of no Alteration . Mr. Serj. Stringer . But to put it out of doubt , we have the second Lease , which does recite this Lease of Collett's . Mr. North. Nay , my Lord , we have another piece of Evidence that will fortify that Book to be true , as to the Foundation of it , that such a Lease was then made as the Book says ; for we have a kind of Particular , or Catalogue of the Evidences of the Dean and Chapter . It is an ancient Writing . And in this there is mention particularly made of a Lease made in 5 H. VIII . Pray Sir look upon that , and give an account of it . Spencer . I have seen this among the rest of the Evidences of the Dean and Chapter of Pauls . Mr. Att. Gen. How long ago ? Spencer . I cannot directly tell . Mr. Pollexfen . How long do you think , upon your Oath ? Spencer . Two Years ago . Mr. Att. Gen. That is since this Contest . L. C. I. Ay , That is a little too lately for an ancient Writing . Mr. Serj. Lutwitch . Did you see it before Mr. Neale or Mr. Baron ordered a Search there ? Spencer . I cannot say particularly I did ; I have seen this Paper — Mr. Att. Gen. Paper , Man ? it is a Parchment , pr'ythee mind what thou sayst : How long is it since you first saw that Parchment ? Spencer . I believe I have seen it this seven Years , but not that I can swear to have taken any particular Notice of it . Mr. Att. Gen. Where did you see it first , upon your Oath ? Spencer . Among the rest of the Deeds and Evidences that belong to the Dean and Chapter of Pauls . Mr. Att. Gen. Upon what Occasion did you take notice of it first ? Spencer . Upon searching among the Writings . Mr. Att. Gen. Who did search with you at that time , upon your Oath ? Spencer . Mr. Porter . L. C. I. Read it . Mr. Att. Gen. Was it delivered to Mr. Neale before it was brought hither ? Spencer . It is brought here now among the Dean's other Writings , we never use to deliver any out . Clerk. [ Reads . ] This is dated 2 Eliz. 1559. Books and other Writings appertaining Mr. Serj. Stringer . Now we will read the Lease to Marcellus Hall ; wherein this is recited to have been made . The Lease in the Book was read , dated 23. Feb. 5 Ed. VI. for Five and Forty Years , at 10 l. Rent . Mr. Serj. Stringer . Then the next Lease is in 2 & 3 Phil. & Mar. 10. Dec. 2 & 3 Phil. & Mar. from Dean Fecknam to Marcellus Hall for Ninety Years from Michaelmas before . [ Which was read . Mr. Att. Gen. There is a License to alter the Mill , which we shall prove he afterwards did . Mr. Serj. Stringer . Your Lordship observes here were Grounds and several Houses at this time lett , with the Mill , and Ponds , and Ditches to receive the Water . After this , Marcellus Hall assigned to Adrian Moor ; he in the Year 1618. deviseth it to his Wife Mary Moor ; and in 1630. she surrenders and hath a new Lease for Lives . Mr. Att. Gen. Shew your Assignments , Mr. Serjeant , from Marcellus Hall. Mr. Serj. Stringer . That we cannot do , nor need we , for we are not to derive our Title that way , but the Churches Title is ours . We will shew you Dean Donnes Lease to Mary Moor upon her Surrender . Which Lease , dated 14 May , 1630. 6 Car. I. for three Lives at 10 l. &c. was read . Mr. Serj. Stringer . Then Mary Moor , Six Years after , surrenders this Lease , and takes a new Lease for three Lives in Dean Winneff's time , at 10 l. a Year Rent , and 40 s. Increase . Which Lease dated 5. Aug. 1636. 6 Car. I. was read . Then another Lease dated 5. March , 1640. 16 Car. I. by Dean Winniff to Samuel Whitwick , and John Winterburn , at 10 l. the ancient Rent , 40 s. before increased , and 4 l. more now increased . Mr. Serj. Stringer . Thus far it stood upon Leases for Lives ; this Lease continued till 1669. till Mr. Neale bought this Land , and then he renewed it from the now Archbishop , then Dean Sancroft , who raised the Rent to 80 l. during the Life of Freak , who was the surviving Life , and to 100 l. after . Which Lease dated 12. July , 21 Car. 1669. was read . Mr. Serj. Stringer . We have brought it home now , my Lord , to the Lessor of the Plaintiff : For we have shewn this Lease was surrendered to Dean Stillingfleet , and thereupon he made the Lease to Garrard and Cratford , which we have given an account of before . And so we have shewn a Succession of Leases from the Church for 130 odd Years . L. C. I. The last Lease is at the Rent of 240 l. a Year , I think . Mr. Serj. Stringer . Yes , my Lord. Mr. Serj. Maynard . Have you done , Gentlemen ? Mr. Serj. Stringer . Yes ; we have , till you give us farther occasion , Brother . Mr. Serj. Maynard . Then , may it please your Lordship , and you Gentlemen of the Jury , I am of Counsel in this Cause for the Defendant , my Lady Ivy. The Plaintiffs have given you a sort of Evidence for a Title ; but the Truth of it is , all that they say will not make a Conclusion such as they would have from their Premises : For all that they have proved , is that the Deans of Pauls successively one after another have made Leases . They did in the beginning tell you , they had had this Land hundreds of Years : But what have they had ? and what Leases have they made ? But only a Mill , a Bakehouse , a Trough of Lead , and all Houses , Lands , Meadows , and Pastures thereto belonging . We do not deny but that they are to have a Mill ; their Leases are all so , even the new ones do mostly follow the Tract and Words that were used in Queen Mary and Henry the eighths times . But here is the truth of our Case : That the Dean and Chapter had a Mill we agree ; nay , more than that we agree that they have Eighteen Acres that lye on the North side of Ratcliff High-way , and also that they have another parcel of Land called the Lynches . That this may be understood , we now crave leave to deliver Maps to the Court and the Jury . Mr. Serj. Stringer . And we desire ours may be seen too . Mr. I. Withins . Aye , deliver in your Maps , this is the only fit place for them . Which was done on both sides . Mr. Serj. Maynard . Then , my Lord , I will go on . We agree , I say , they had a Mill which is now taken down and put in another place : We shall shew them where it did stand , and that was no part of the Land now in Question . The Jury have seen the place , and I hope have had a satisfactory view of it . There was once a Mill standing , and there was once a Pond , but that Mill and Pond doth stand elsewhere . The Land in Question we say was anciently Marsh Ground , and subject to the overflowing of the Water , and it is so to this Day . In H. VIII . time it was by one Vanderdelf , a Dutchman , drained . This by Act of Parliament Richard Hill was made Owner of and he convey'd it to Stepkin , who was the Defendants Ancestor , and whose Heir she is . And the Boundaries are set down in that , and the subsequent Conveyances , which cannot possibly stand with those that their Mill is said to stand in . We shall shew by several Records the Queen had a Title to it by a Conveyance in way of Mortgage to her , and this afterwards was conveyed back again to the Ancestor of my Lady Ivy. We yield they had a Mill , and they have increased the Rent sufficiently upon it , not to need other Mens Land. ' They have Houses built upon it , I know not indeed how much , but I think it is near 1000 l. a Year that yields to them . If then we can demonstratively shew you where our Ground is , and where theirs is , and if we affirm our Title by Records and good Conveyances , then by a Pretence to a Mill I hope they shall not grind us , or take away all our Land. Mr. Att. Gen. My Lord , and Gentlemen of the Jury , I crave leave to answer the Evidence that has been given , before I enter upon our Title . They have spent a great deal of time to derive down a Title to the Dean and Chapter of Pauls , to a Mill , a Bake-house , and some little Ground thereto belonging . And truly , as Mr. Serjeant says , no Man ever questioned the Dean and Chapter for their Mill , and Bake-house , and Leaden Trough . But the thing in Question is , seven Acres and an half of Land , which in the Memory of Man was Marsh Ground : If you observed it , Gentlemen , upon the view how it lies , you know the North Bound is the Dean's Lynches , the South Bound is the Thames Wall , the West Bound Foxes-lane , and the East Bound is the Hilly-ground that is called Cock-hill : And we say as to all this Land , it is none of the Dean and Chapter 's , nor ever did pass or was enjoy'd by this Lease , but we shall shew you it was under another Lease : I must observe that it is very strange upon their own Evidence that a Mill cum Pertinentiis should pass seven Acres of Ground ; and a Mill that was demolished so long ago as in Queen Mary's Time , for so we shall plainly shew you it was , and that these Lands containing so considerable a Revenue should not have a Survey taken of then , or a Boundary made of the Land that they might know what was theirs , and what their Neighbours . For your Lordship and the Jury may observe in all the Leases and Conveyances down to this time in Dean Collett's Lease , and onward there was nothing mentioned but a Mill with the Apurtenances , or a Tenement with the Apurtenances . But they have not one fixed Boundary of their Lands ; and really it cannot be presumed the Dean and Chapter should be so ignorant . Besides , in the ancient Lease that they produce of Ed. VI. Time there was a Covenant to pay the Quit-Rent ; as for Lands holden of the Mannor of Stepney , and we did expect that they would have brought some of the Rolls and Records of that Mannor , and out of some Survey there remaining , would have given a particular Testimony of what Lands belong to the Dean , and what doth not . But in Truth , we say this is properly Marsh-Land , for that will be your Question , Gentlemen , that you are to try , I believe , at last : Whether these seaven Acres thus bounded on Foxes-Lane West , on the Thames South , on the Hilly-way called , Cock-hill , or Mill-ditch East , and on the Dean and Chapter 's Lynches North , be Marsh-ground . The Dean and Chapter have given Evidence of some Leases which upon the Surrenders were delivered up to them , but there are none produced ; they only read the Entries in their Books . Now we shall demonstrate that this Mill of theirs was an Overshot-mill , for there is mention made of a Leaden Trough , which is the only proper Instrument of an Overshot-mill : Therefore we will first settle ( because they themselves will not ) what is theirs , and then we doubt not to give you Satisfaction that this was never any of theirss but the undoubted Inheritance of the Stepkins's , and not a Foot of it belongs to any other Man living . But further , since they will not we shall produce a piece of Evidence , which indeed we must thank Mr. Neale for ; for he blabbing it about that he had a Survey of the Mannor of Stepney which would do our work , put us upon searching there for it , and we have it here , and there you will find a particular of all the Dean's Lands , under 33 s. and 4 d. Quit-Rent : And the Particulars are thus described in that Book ( which shews that there was a Tenement that stood by the Mill , and that paid a Quit-Rent , and the other Lands came under that Quit-Rent ) Twenty Acres called Shadwell-field that lyeth on the North Side of Ratcliff High-way , known at this Day , and all this piece of Ground of Twenty Acres is built upon and improved , which was one part of the Land that came under a Quit-Rent , but not pretended to be any part of this . The next is Five Acres , called The Linches , and it appears by the Record to be but five Acres , and so it is measured now . Ratcliff High-way went on the Top of the Hill , and this is called the Lynch-way , not improved nor built upon , and is exactly abutted according to our Records , and decyphered by Acres to an Acre . Then comes the third Parcel , and that only concerns you to enquire of , whether these seven Acres and an half be parcel of that : And that is described in the Record to be a Tenement called Derrick-hills , which is a Bake-house with a Mill , and the Lead and Trough , the Appurtenances of the Mill at the Rent of 33 s. and 4 d. These are all the Parcels named of the Dean and Chapter 's Lands . And at the last Tryal when they produced the Deed of Purchase whereby this was conveyed to the Dean , which I think was in H. III. Time , it yielded but 3 l. a Year in the whole , and now in time it is come to 2000 l. a Year , without this great Gobbet , which they intend now if they can to swallow up : And now as to this Parcel all they can claim is but a Mill , and in the later Leases it is a House where the Mill stood , and that we shall shew by Records where it stood ; and it is said to be called Derrick-hills , and scituate on the East end of the Marsh now in Question . And to go a Step farther , we shall shew that this was altered in Queen Mary's Time ; for in 5 Ed. VI. the Book wherein their Lease is , makes mention of the Mill as standing ; then in 10. Dec. 2 & 3 Ph. & M. there is a kind of Mistery which we shall by our Evidence unriddle : For then though the Tenant had above Forty Years in being and to come , he must renew his Lease from Dean Fecknam at that time . Now we shall shew that the 20th of the same December , this Place where the Mill then lately stood was let to Iohn Carter , Oarmaker . There is in that place at this Day Lands and Houses , that yield the Dean and Chapter an Hundred Pounds a Year , distinct from the Linches and the North Ground of Ratcliff High-way , and that is a very good Improvement for a Mill and a Bake-house , and a Leaden Trough , and a Ditch for the Water . Now by their Lease in 1630. they recite that the Mill was not worth the keeping up , and according to the Power given them by the Lease , 2 & 3 Phil. & Mar. to pull down the Mill ; it was pull'd down , and built upon , and it came to yield them 100 l. a Year as it doth at this Day . After this we shall call Witnesses to set forth that in this Place in the East End of Cocock-hill in the Memory of Man there was found the Floor of the old Mill , and there are those living that can attest it . So we shall shew they are fishing in a wrong Pool , they have sufficient to answer their Deed of purchase ; and all the Evidence that hath been given you will appear to be only to entertain the Court with an amusing nothing , and to take up the time . But we shall go yet a Step further , and shew beyond all peradventure , that this Land in question was Marsh Ground : And the other side must admit , that if it be Marsh Ground the Dean and Chapter have nothing to do with it , never pretended to a Foot of it , nor doth any Tittle of their Evidence mention Marsh Ground . And truly we will admit it to them if it be not Marsh Ground we have nothing to do with it . So that Gentlemen , your great Question is , whether this be Marsh Ground or not ? And thereupon the main of the Question will be about the East Boundary alone , and no other : For that Wapping-marsh bounded South on the Thames , North on the Lynches , and West on St. Katherines is no Question , nor never was in all the Tryals that have been . Therefore the only point that the Evidence is to be applied unto is about the Eastern Boundary . That we lay to be Cock-hill , anciently called The Hilly-way , or Mill-bank , now Cock-hill , and in the Records of Stepney Mannor , it is called Cornhill : And it is a rising hilly Ground , it appears to be so to this Day , I appeal to the Jury who have seen it . Now that this was Marsh Ground , and the Inheritance of the Stepkins's , we shall prove by these steps . First we shall produce an Act of Parliament made in 27 Hen. VIII . wherein the Bounds appear to be plainly the same as now we say they are at this day , only now it is all built , that is all the Difference ; and the Marsh doth thereby contain 130 Acres . Now by that Act , the whole Marsh is vested as to one Moiety in Richard Hill , as Assigne , of Vanderdelf the Dutchman , who had dreined it , and for his Pains was to have one half and he agreed with Participators among whom Stepkins was one , and had 53 Acres , and particularly this Land. So that the Dean of Pauls must derive a Title from this Act , if he will have the Land. But we shall shew how they colour their Possession . Afterwards Richard Hill , II. Nov. 37 H. VIII . he doth make a Lease to the Dean and Chapters Miller , and that for Thirty Four Years , wherein you will exactly see the Boundaries of the Act are pursued . After he had leased it thus to the Dean's Miller , he passeth away the Inheritance to Thomas Stepkins , in time , 16. Apr. 6 Ed. VI. Mercellus Hall the Miller , after Stepkins had obtained the Inheritance upon Agreement between them gets a Lease from Stepkins of 128 Years of the Lands in Question , as you may see by the Bounds they are exactly the same , and this was in time 20. Apr. 6 Ed. VI. So the Miller had now Ground on both sides the way that is called Cock-hill . On the East side by Lease from Hill , on the West side by Lease from Stepkins . Then in point of time we shall come to shew the Lease made to Roper . For Marcellus Hall after he had taken this long Lease from Stepkins 30 Nov. 2 & 3 Phil. & Mar. doth demise the Land in Question to Richard Roper for Twenty Four Years : And we shall shew that in all the Queen's Time Roper was Tenant . Then Iasper Hill , who was the Heir of Richard Hill , in 12 Nov. 5 & 6 Ph. & M. by Deed and afterwards 3 Eliz. by Fine and common Recovery , conveys all these Lands particularly by Name , and releaseth them to Iohn and Macheline Stepkin , and the Heirs of Iohn , and so lodged the Inheritance in the Stepkinses , all but that which was thus out in a long Lease to Marcellus Hall. We shall prove that before Richard Hill died , he entred into a Statute to Vivold and Salvago for a great Sum of Money ; and this Statute comes to be extended 3 Eliz. and there this Land notwithstanding these Leases , are siezed and extended as Hill's Lands . We shall shew all this Land upon a Commission of Sewers had a Survey taken of it . When we have shewn all these Records , and proved that this is Marsh Ground , and not a Witness of theirs , but must acknowledge it to be Marsh Ground ; ( for that place of Foxes-Lane , was raised at least Nine Foot , and so proportionably was the rest of the Ground : And it appears at this day that upon a high Tide , all their Sellars are overflown ) I think then you will make no doubt , whether this be our Land or no ; and to proceed in this Order that I have opened , we will first shew you the Survey . There was one thing I forgot about the Eleven Acres . — Mr. Serj. Stringer . What is it you read first Sir ? L. C. I. What do you begin with Mr. Attorney ? Mr. Att. Gen. Your Lordship observes they shew a Lease from Dean Fecknam , the 10 Dec. 2 & 3. of Ph. & M. Now on the 22. Dec. in the same Year , we shall shew Marcellus Hall by Lease to Carter , butts it upon the East side of the Mill. L. C. I. I took Notes the last time of your Evidence , and it began in H. 8 . time . Mr. Att. Gen. My Lord , when we come to our Title , we shall go on in the same Method we did then ; but now we are only shewing where the Lands are . L. C. I. Go your own way . Clerk [ Reads . ] This Indenture made the 22th day of December , in the Second and Third Years of the Reigns of our Soveraign Lord and Lady Philip and Mary , by the Grace of God , King and Queen of England , Spain , France , both the Cicilies , Ierusalem , and Ireland , Defenders of the Faith ; Arch-Dukes of Austria ; Dukes of Burgundy Millain and Brabant ; Counts of Haspurg , Flanders and Tyroll ; between Marcellus Hall of Ratcliff , Miller of the one Part , and Iohn Carter of Ratcliff , Oar-maker of Stebunheath , of the other Part ; Witnesseth , That the said Marcellus Hall hath Demised , Granted , and to Farm Lett unto the said Iohn Carter , that his Wharf lying in Ratcliff , where late the Mill stood , called Ratcliff Mill , adjoyning on the West upon the East side of the Mill Ditch , alias Mill Dam , reaching from thence Eastward 30 Foot ; and from the North-east Corner of the said Mill-Dam , Southward to the River of Thames 20 Foot ; to have and to hold all and whole the said Wharf , as is before specified , with all Commodities and Profits belonging to the same , to the said Iohn Carter , to his Heirs , Executors , and Assigns , from the Feast of St. Mary the Virgin , immediately following the Date of these Presents , until the End and Term of 30 Years . L. C. I. This Lease was Read the last time . Mr. Serj. Stringer . Yes , it was so my Lord. Clerk Reads . — to be fully compleat and ended , yielding and paying therefore for the same , unto the said Marcellus Hall , his Heirs , Executors , and Assigns , Ten Shillings of lawful Money of England , yearly ; that is to say , at the Feast of the Annunciation of St. Mary the Virgin : And if it happen the said Rent to be behind and unpaid at the said Feast , in part or in all by the space of one Fortnight , and lawfully asked of the said Iohn Carter , his Executors and Assigns , then it shall be lawful to the said Marcellus Hall , his Heirs , Executors , and Assigns , to Distrain for his said Rent so being behind , and the Distress so taken , to keep until such time as the said Rent with the Arrearages be fully satisfied and paid . — L. C. I. For how many Years is that ? Mr. Att. Gen. Thirty Years . L. C. I. What is demised by this Lease ? Mr. Att. Gen. Read the particulars agen . Sir I. Trevor . My Lord , we would gladly know where they had this Lease , that so it may appear whence it came , for we know they have an excellent Art at finding out of Deeds . L. C. I. Ay , come , shew where you had it . Let me see it . Mr. Att. Gen. We did produce it at the last Tryal , and at the first too . L. C. I. But that this Jury knows nothing of , and they call for some account of it on the other side . Mr. Att. Gen. Mr. Knowles , do you know any thing of that Deed ? When did you first see it ? Mr. Williams . And where had you it ? Knowles . My Lord , I had it in a Garrot , in a kind of a Nook , about six Foot long , and three Foot and an half wide , in my own House , in the Garrot among other Writings . L. C. I. How came you to have them ? Knowles . As I was Executor to Winterburn . Mr. Powis . Pray Mr. Knowles , will you tell upon what occasion you looked there and found them ? Mr. Serj. Pemb. Ay , pray give an Account of the whole . Knowles . My Lord , upon the Second of August , 1682. was the first time I ever saw my Lady Ivy to my Knowledge ; and she was informed by one Mr. Viccarer , that I had several Writings of Winterburn's ; I told her I had so , and my Lady desired me to search among them , if there were any Writings that concerned Stepkins's Estate ; I told her it would take up a Months time to look them all over , for there was a great Quantity of them . She said , I would do her a great kindness if I would look ; I promised her I would ; and upon the Fourth of September I think I found the Deed. L. C. I. How was Winterburn concerned ? Mr. Att. Gen. They have shewn that he was owner of the Land once . Mr. Williams . Did you ever read over that Lease ? L. C. I. I ask you again how was Winterburn concerned ? Knowles . He was Partner with Wright , who sold the Estate to Mr. Neale . Mr. Soll. Gen. Wright sold to Neale , Winterburn died , and this Man was his Executor , and so he came to the Writings . Mr. Att. Gen. But pray Mr. Knowles tell us , were these Writings ever shewn to Mr. Neale ? Knowles . In the year 1669. when Mr. Neale bought this Estate of my Uncle Wright , the Writings were all to be looked over ; and upon Mr. Neale's request , all the Writings were sent to his Council , a Gentleman in Grays-Inn , one Cage , I think his Name was , or something like it ; and there they were left Three Months , and I believe in my Soul that Deed was among them . Mr. Att. Gen. Were they brought back agen ? Knowles . There were Two Hampers brought back . Mr. Att. Gen. Had you any Discourse with Mr. Neale about this Business ? Knowles . I was Arrested upon his Account in an Action of 2000 l. and he presently after came and got me off from that Action , and told me , Mr. Knowles , I am sorry you were Arrested upon my Account ; so am I too , Sir , said I ; said he , I do believe really you found that Deed ; I did so , Sir , said I ; But , says he , pray will you answer me one Question seriously ; that I will , two or three if I can Sir , said I , says he , did not my Lady Ivy or Banister foist the Deed into your House ; no , said I , for before ever I saw either of them I had seen that Deed ; then I am undone , says he . Mr. Williams . Who was by pray , when this Discourse past between you and Mr. Neale ? Knowles . There was none but he and I. Mr. Williams . It was at the Tavern ; Mr. Neale , I suppose , will not deny this . L. C. I. Will he not ? Will you take his word for it ? Knowles . I do say , I found that Deed there . L. C. I. Read it , read the Demise . But Mr. Knowles , let me ask you a Question or two ; as I understood , you said my Lady Ivy desired you to look among Winterburn's Writings , for Deeds that concern'd Stepkins's Estate ? Knowles Yes , my Lord. L. C. I. Where was that ? Knowles . That was at her House . L. C. I. And when did you find this Deed ? Knowles . I found the Deed in September , before any body came to look with me , or was in the place with me . L. C. I. Was there any body with you when you found the Deed ? Knowles . No. L. C. I. Then you found it your self . Knowles . Yes . L. C. I. Did you read it ? Knowles . I did the Outside , what was I concerned further . L. C. I. Nay , do not be angry ; when thou art most calm , thou speakest so fast , a Man can scarce understand thee ; answer my question fairly ; you say you read it , what part was it you did read ? Knowles . The Backside , the Outside . Mr. Williams . There is nothing writ upon the Outside . L. C. I. How did you gather by reading the Outside , that it concerned my Lady Ivy ? Knowles . I only read Stepkins's Name : L. C. I. Stepkins's Name you say . Knowles . What Deed do you ask me upon ? L. C. I. That Deed , the only Deed you have seen here . What is your Christian Name ? Knowles . Stephen Knowles . L. C. I. If I mistook you I beg your Pardon ; our Question is concerning this very Deed now Shewn to you . Knowles . I thought you had meant the Lease of 128 Years . L. C. I. Well then , let that pass for a mistake ; I would know of you now something concerning this Deed. Look upon it — ( which he did — ) upon your Oath when saw you that Deed first ? Knowles . I cannot say what day it was . L. C. I. But , look you , if I mistook you not , ( if I did , I ask your Pardon agen ) Did not you say , you found that very Deed among a great many other Writings of Winterburn's in a Room , so many Foot long , and so many Foot Wide , in your Garrot ? Did not you say , that in time you saw my Lady Ivy first upon the 2d of August , 82. that you found that Deed in September following ? And did not you tell us , that you did believe in your Conscience , that in the Year 1669. Mr. Neale had this Writing among others , sent to the Chamber of such a Gentleman in Grays-Inn ; that they remained there Three Months , and then were brought back again to you ; and you believe in your Conscience this was one of them ? And did not you say , when I asked you , how you came to know this belonged to my Lady Ivy ; you said , because my Lady Ivy had spoke to you to look if there was any thing belonging to Stepkins , and you read the Outside of the Deed , and found Stepkins's Name , and so you knew it to concern her ? Did not you say all this ? Knowles . I believe I did . L. C. I. Now tell me then by the Outside of that Deed , how thou can'st tell that belonged to Stepkin's , for if thou can'st , thou art more crafty than any body here I believe ? Knowles . I thought it had been the long Lease , for that has Stepkins on the Outside . L. C. I. Well , let that pass for a mistake ; we must now begin again upon a new matter : when first saw you that Deed ? Knowles . In September , 1682. L. C. I. How do you know that ? Knowles . I put my Hand to it . L. C. I. Did you read the Inside of that Deed ? Knowles . No , I did not . L. C. I. Look you then , we ask you how you came to know it was a Deed belonging to Stepkins ? Knowles . I read the Backside , and put my Hand it . L. C. I. How came you to put your Hand to this Deed as belonging to Stepkins , when you never looked into the Deed ? Knowles . When I found this Deed to have written upon it Marcellus Hall , I did believe it was something that concerned the Stepkins's . L. C. I. Let us see the Deed now — ( which was done ) — You say that was the Reason upon your Oath ? Knowles . Yes , it was . L. C. I. Then look upon it again , and do not be surprized , but let us have truth come out in God's Name . Was that the Reason ? Knowles . It was my Lord. L. C. I. I would fain see Mr. Sutton , I have a question to ask him . Mr. Att. Gen. Here he is , my Lord. L. C. I. Give Mr. Sutton his Oath — ( which was done ) — Look upon the Outside of that Deed , and upon your Oath tell us whose Hand Writing that is . Sutton . All but the word ( Lect. ) is my Hand Writing . L. C. I. Are not the words Marcellus Hall all of your Hand Writing ? Sutton . It is . L. C. I. Then how could'st thou know this to belong to the Stepkins's by the word Marcellus Hall , when you first discovered this Deed in September , 1682. and you found it by your self , and put your hand to it ; and yet that Marcellus Hall be written by Mr. Sutton , which must be after that time . Mr. Att. Gen. He says he knows it , because he put his Hand to it , I suppose he read somewhat of the Inside . L. C. I. He said the Backside , the Outside ; he did not read the Inside . Mr. Att. Gen. My Lord , I desire our Evidence may not be anticipated . L. C. I. Mr. Attorney , I would not anticipate your Evidence , but I must tell you by the way , your Evidence anticipate themselves : And this fellow Knowles , without any more adoe , has proved himself an errant notorious Knave . And if your Evidence will blunder and spoil themselves , I cannot tell how to help it . I knew , as soon as I saw the Deed , that that was Sutton's hand ; I know his hand , as well as that you are Mr. Attorney . Mr. Sol. Gen. Pray , My Lord , give me leave to ask him a question , which I hope may clear all this matter , for it is plain the Man is mistaken . L. C. I. Mistaken ? Yes , I assure you very grosly . Ask him what Questions you will ; but if he should Swear as long as Sir Iohn Falstasse fought , I would never believe a word he says . Mr. Sol. Gen. Did you look into the middle of any one of the Deeds . Knowles . Yes , I did . Mr. Sol. Gen. Can you tell which you looked into the inside of , and which you did not ? Knowles . The Lease and some others I did , but I cannot particularly tell . Mr. Sol. Gen. Then , my Lord , here is the Case : Here are multitudes of Deeds , and a Man looks on the Inside of some , and the outside of others ; is it possible for a Man to speak positively to all the particular Deeds , without being liable to mistake ? L. C. I. Mr. Sollicitor you say well , if he had said I looked upon the outside of some , and the inside of others , and where ever I saw either on the outside , or in the inside the Name of Stepkins , or Marcellus Hall ; I layd them by , and thought they might concern my Lady Ivy , that had been something . But when he comes to be asked about this particular Deed , and he upon his Oath shall declare that to be the Reason why he thought it belonged to Stepkins , because of the Name of Marcellus Hall upon the outside , and never read any part of the Inside , when Sutton swears Marcellus Hall was written by him , what would you have a Man say ? Mr. Sol. Gen. My Lord , I have but this to say ; if there were never a Deed delivered by Knowles to my Lady Ivy or Sutton where Marcellus Hall's name was written on the backside of it , but by Mr. Sutton , I confess it were a strong Objection : But where there are other Deeds , and a great many , a Man may easily be mistaken . It is impossible for any Man in a Multitude of Deeds that he finds among a great Parcel , and delivers many of them out to take it upon his Memory particularly which he looked on the inside of , and which he looked on the backside or outside of . L. C. I. Did not he give it as a particular Reason of his Knowledge , that they belonged to my Lady Ivy : For wherever he saw Marcellus Hall , or Stepkins , he thought that belonged to her . Mr. Sol. Gen. Wherever he saw those Names , that is , either in the inside or out side . L. C. I. Under Favour , Sir , he did not say so ; but positively said , he knew it by that Name . And you shall never argue me into a belief that it is impossible for a Man to give a true Reason , if he have one , for his Remembrance of a thing . Mr. Sol. Gen. I beg your pardon , my Lord , as I apprehended him , he swore he looked into the inside of some , and the outside of others , and there were a great many of them . L. C. I. And I beg your Pardon , Mr. Sollicitor , I know what he swore as well as any Body else : If indeed he had sworn cautiously and with care , it might have been taken for a slip or a mistake . Mr. Att. Gen. My Lord , we must leave it upon its own Weight ; but we are not come to our Title yet : I have the Deed in my Hand , which is a very old one , and therefore needs not such exact Proof . He is mistaken we do own it , and I must appeal to the Court whether a Man may not be mistaken in a great multitude of Deeds . L. C. I. Well , now after all this is done , let him give an account how he came to know this to belong to Stepkins , or my Lady Ivy , if he can . I speak it not to prejudice your Cause , but only to have the Truth come out . But for the Witness that swears , it may affect him I assure you . Give him the Deed , and let him look upon it — Look upon the inside , and look upon the outside too . Knowles . I believe , my Lord , upon better Consideration I have read this Deed before now . L. C. I. Very well , and yet you swore the contrary just now . Knowles . I was in amaze , my Lord. L. C. I. I am sure thou sworest wildly . Mr. Sol. Gen. Pray what Deed did you take it to be at first ? Knowles . The Lease of 128 Years . L. C. I. Pr'ythee read it now to us . Knowls . Reads — This Indenture made the 22th Day of Dec. — L. C. I. Between whom ? Knowls . Reads — Between Marcellus Hall of Ratcliff , Miller , of the one part , and Iohn Carter , Oar-maker , of the other part , witnesseth that the said Marcellus Hall hath demised , granted , and to Farm letten to the said Iohn Carter , all that Wharf lying in Ratcliff , where late a Mill stood , called Ratcliff-Mill — L. C. I. Can you say you ever read so much before ? Knowles . I believe I did . L. C. I. When was it ? Knowles . In Septemb. 1682. L. C. I. Then you read it before you shewed it to my Lady Ivy. Knowles . Yes , my Lord. L. C. I. And you found what the Contents were by Reading ? Knowles . Yes , my Lord. L. C. I. Did you read it through ? Knowles . No ; I did not I believe . L. C. I. How far do you think you read ? Knowles . As far as I have read now . L. C. I. Did you find any thing there of the Name of Stepkins ? Knowles . No , not in that I did not . L. C. I. I would desire to know of you who it was that came to my Lady Ivy to inform her you had such and such Writings ? Knowles . It was one Mr. Vicarer , about a Tryal that was to have been two or three Years ago , at the Bar of the Court of King's Bench here , but the Cause did not then go on ; after that , Mr. Vicarer did tell my Lady , that one Knowles had a great Company of Writings that were Winterburn's , and she desired him that he would please to talk with me , to see If I could do her any Kindness or Service in any of those Deeds . The first time that I saw her was the Second of August , as near as I can remember , and then I told her , I was Executor to Winterburn , and had a great many Writings ; said she , do you know the Hand of Stepkins ? if you do , and can find any Writings that relate to Stepkins you will do me a great Kindness . L. C. I. Did she name any body else to you ? Knowles . She named one Lun , and one Barker , and one Holder , and several others ; I do not remember all . L. C. I. Was there Mention made of one Collett ? Knowles . No. L. C. I. Was there of one Donne ? Knowles . Of one Lun there was . L. C. I. Of one Fecknam ? Knowles . No. L. C. I. Of one May ? Knowles . No. L. C. I. Of one Ioan Hall ? Knowles . No. L. C. I. Was there any mention made of any Hall ? Knowles . Yes there was . L. C. I. What Hall did she speak of ? Knowles . I am not certain whether any Hall was named or no. Mr. Att. Gen. He says , he is sure there was of Stephens , and several others , but not of any Hall. L. C. I. He does so , Mr. Attorney . But now I would ask him this Question ; If there were no mention of any Hall , how came you to find out that this Lease from Marcellus Hall to Carter , should affect Stepkins or my Lady Ivy. Knowles . My Lord , I will give you an account of that . L. C. I. Ay , do if you can . Knowles . This was at the first time that I saw my Lady Ivy , that this Discourse was between us ; upon another Discourse at another time , Hall was mentioned to me . L. C. I. How many Names did she tell you of at first ? Knowles . I cannot remember them all . L. C. I. He remembers as punctually as can be the Second of August to be the first time that ever he saw my Lady Ivy , and then she spoke to him of looking for Writings that concerned Stepkins , and Lun , and Barker ; and he remembers such a day , the Fourth of Sept. 1682. he found the Deeds , but he will not give any account how he came to know by Hall's Name that this belonged to Stepkins . I would fain know when you first heard of the Name of the Halls ? Knowles . It was all within a Months time . L. C. I. Who was it first spoke to you to enquire about the Halls ? Knowles . My Lady Ivy spoke to me about Hall when I gave her an account of some Deeds I had found . L. C. I. How often did you look over the Writings ? Knowles . Several times . L. C. I. The first time did you give my Lady Ivy an Account that you had found any thing ? Knowles . Yes , I gave her an Account of the Lease of 128 Years . L. C. I. Did you find nothing else but that ? Knowles . Yes . L. C. I. What did you find else ? Knowles . Several : I cannot give an account of all . L. C. I. Did you find that Lease or this Deed first ? Knowles . The Lease . L. C. I. When did you first find this Deed ? Knowles . The Fourth of September I found the Lease , and within Fourteen or Fifteen Days after I found the rest . L. C. I. How many deeds did you find out ? Knowles . Half a Score . L. C. I. Who was by when you found the Deeds the second time ? Knowles . When I had found the Lease for 128 Years , I laid it by , and looked further for other things , and found a Mortgage which concerned my self , and that made me more eager to look for what might concern me besides , that I was not so careful as I should have been of the Lease of 128 Years , but mixed it among the Writings again , but I told my Lady I had found such a Deed , and she ordered Mr. Banister to help me to find it again . L. C. I. Pr'ythee answer me once more ; Who first put you in mind of looking after the Halls ? Knowles . My Lady Ivy. L. C. I. Was any body by when she spoke to you to look after the Halls ? Knowles . Yes ; Mr. Banister was by . L. C. I. Who else ? Knowles . Several of my Ladys Servants . L. C. I. Name some of them that were by . Knowles . There was Mr. Banister's Wife and his Daughter by . L. C. I. What day was it my Lady Ivy first spoke to you to look after the Halls ? Knowles . Within a Week after I first saw her . L. C. I. Was it before you found the Lease you speak of . Knowles . Yes , it was before . L. C. I. How comes it to pass then , that you did not find it at the first looking , which was the Fourth of September , when you found that Lease you say ? Mr. Att. Gen. We mustly lay aside the Testimony of this Man. L. C. I. Ay , so you had need . Mr. Sol. Gen. Pray leave the Deed in Court , we shall have Mr. Neale too busie with it else . Mr. Att. Gen. We shall desire your Lordship to consider all the use we make of this Deed , is to prove , that the Mill was removed to another place . L. C. I. I do not know what it proves , but if you had kept your Witness Knowles in the Mill , I think you had done better than brought him hither . Mr. Att. Gen. Swear Mr. Banister and Mr. Clerk — which was done . Mr. Sol. Gen. Did you examine that with the Roll , Sir ? shewing him a Paper . Mr. Clerk. Yes , Sir , I did examine that with the Book that Mr. Northy shewed me , I think they say he is Steward of the Mannor of Stepney ; he read in the Book , and I read the Copy ; and it is a true Copy of a Survey of that Mannor taken 25 Eliz. Mr. Att. Gen. I heard say you have the Books of the Mannor here , pray let them be produced . Mr. Williams . You are merry Mr. Attorney , if it is a true Copy pray let it be read . Clerk ( Reads . ) The Dean of St. Pauls holds freely of Fee one Field , containing by estimation L. C. I. Who is Lord of the Mannor of Stepney now ? Mr. Powis . My Lady Wentworth is Lady of the Mannor . Clerk ( Reads . ) The Dean of St. Pauls holds L. C. I. This bounds it on the East on the Dean and Chapter of Pauls Lands , and so doth you no good . Mr. Williams . Let them go on , my Lord. Mr. Att. Gen. With submission these are our exact Boundaries . L. C. I. Well go on . Mr. Att. Gen. We shall go on , and with Submission these Bounds exactly agree with the Bounds that are set by the Act of Parliament for draining the Marsh. Here is nothing that we can see that they can claim but a Mill and Bake-house , and they are all bounded on the West by Wall Marsh , and the Linches are bounded in part upon the North , and in part upon the West , and there was a little part of the Marsh did run into the North Bounds . But now we shall come to our Evidence , and first we shall shew the Act of Parliament . Which being A o 22 o H. 8. was read . Mr. Att. Gen. Next we shall shew Richard Hill's Conveyance by Mortgage , to Vivold and Salvago . Which Indenture of Mortgage was read . Clerk ( Reads . ) This Indenture made the Eighth day of November , in the 32th year of our Soveraign Lord King Henry the Eighth , between Richard Hill Citizen and Mercer of London of the one party , and Anthony Vivold , and Henry Salvago , Merchants , of of the other party ; Witnesseth , That where the said Richard before time was indebted unto the said Anthony Vivold , and H. Salvago in the Sum of 560 l. of Lawful Money of England , whereof they of their free will have pardoned 280 l. The said Richard Hill by these Presents All that Moiety of Marsh Ground being 130 Acres , lying and being that is to say , from Ratcliff Mill that joins to the Hilly Linch to Ratcliff Town , on the Party of the East , to Grash Mill by the Hermitage , on the party of the West , on the High Way , leading from London to Ratcliff , on the party of the North , and on the River of Thames , on the party of the South given and assured to the said Richard Hill , by Authority of Parliament in the 27th year of the most Noble Reign to have and to hold — Mr. Att. Gen. This doth vest the Lands in question , with others in Vivold and Salvago , as a Security for their Money . Mr. Sol. Gen. Now we shall shew a Lease from Hill to Marcellus Hall. Clerk ( Reads . ) This Indenture made the Eleventh day of November , in the Thirty Seventh year of the Reign of Henry the Eighth ; between Richard Hill , Citizen and Mercer of London , of the one partie , and Marcellus Hall of Ratcliff , Miller of the other partie ; Witnesseth , That the said Richard Hill , for the sum of Six pounds of lawful Money of England , to him in hand paid , at the ensealing and delivery hereof , whereof the said Richard Hill hereby acknowledgeth himself to be fully satisfied contented and paid , and whereof he doth clearly acquit and discharge the said Marcellus Hall , his Executors and Administrators by these Presents , hath Demised , Granted , and to Farm Letten , and by these Presents doth Demise , Grant , and to Farm Lett unto the said Marcellus Hall a parcel of Marsh Ground , lying and being at the East end of the Marsh that Butts on Ratcliff Hilly Marsh Wall-bank , or Wall belonging and the Well Shadwell , containing by estimation Eleven Acres and an Half , more or less , abutting on the Thames Wall , on the party of the South , to the Lands called the Deans Linches , on the party of the North , and on the Wall that reaches from the Linches to the Island , by the Pond on the West . with all the Foreland and Soyle All which Marsh Land is in the Parish of Stebunheath To have and to hold the said Marsh Land Foreland and Soyle to the said Marcellus Hall , from the Feast of the Annunciation of St. Mary the Virgin next coming , for Thirty and Four Years — Mr. Att. Gen. This was a Lease made to their Miller , and contains Eleven Acres and half an Acre , which we shall shew is just exactly the contents of our Land. Next then we shall come to the Conveyance made to Thomas Stepkin , which will bring us to our Title . L.C.I. Read the Reservation of that Lease . Clerk ( Reads ) Yielding and paying therefore yearly , and every year unto the said Richard Hill , his Executors and Assigns , Three pounds of good and lawful Money of England , at four Terms of the year , that is to say , the Feast of the Nativity of St. Iohn the Baptist , St. Michael the Archangel , the Birth of our Lord , and the Annunciation of St. Mary the Virgin. Mr. S. Pemberton . Pray , my Lord , we desire they may give some account of this Lease where they had it , and how they came by it . M. Att. Gen. You have had it in your hands , you see what it is . Mr. S. Pemberton . Yes , and therefore we desire to know some thing about it , because we find Knowles hand to it . Mr. Att. Gen. We can give you a better account of it than you think for , but that will let you into an hours wrangle more , which is all you have to say for yourselves . We have it , disprove it . Mr. S. Pemberton . You have it we see , but remember you will give no account where you had it . But then we desire to ask Mr. Knowles a Question . Whether my Lady Ivy was with him — Mr. Att. Gen. My Lord , we desire we may go on and give our Evidence intire , they would fain break in upon us , and take up another hour in quarrelling with our Witness . When we hear them in their time offer to impeach the Validity of the Deed , then will be our time to justifie it ; and I doubt not but we shall give a satisfactory account of it . Pray will you give an account of the Deed you snap'd up the last time . L.C.I. Nay , nay , Gentlemen we cannot take up our time in your Dialogues and little heats . Do you not hinder them , and we shall see they shall not hinder you when it comes to your turn . Clerk. This Deed has been read for the Plaintiff and Defendant , and is marked so . Mr. Att. Gen. It has been twice read before . L.C.I. Well will you go Gentlemen . Mr. Sol. Gen. Then we shall shew this Deed Poll next . Clerk. This also is marked to have been read twice . ( Reads ) This is dated , 16 Apr. in the 6th year of King Edward the Sixth . To all Faithful People to whom this present Writing shall come , I Richard Hill Citizen and Mercer of London send Greeting in our Lord God Everlasting . Know ye that I the said Richard Hill , for the sum of One hundred and thirty pounds of lawful Money of England , by Thomas Stepkins , alias Stipkin , of the Parish of St. Mary Matfellen , alias Whitechappel , in the County of Middlesex Beer-brewer , unto me the said Richard Hill in hand paid , wherewith I confess my self to be well and truly satisfied . L.C.I. Upon whose account is it that my Brother Gregory comes here . Mr. S. Stringer . My Lord , Mr. Baron Gregory was desired by the Plaintiff to be here , and as soon as we come to our Reply , we shall ask him some Questions , if he please to stay , we will dispatch him so soon as we can . Mr. Att. Gen. Nay rather then trouble Mr. Baron to stay , we yield he should be Examined now . Mr. Bar. Gregory . I am not in so much hast my Lord , but I can stay a while , and not break in upon the middle of an Evidence for me . L.C.I. If you please , they consent you may be Examined , and they may be long . Mr. Bar. Gregory . I would not interrupt the course of Evidence . L.C.I. Nay we will take you at your word , but if it be long , pray remember we would have eased you , but you Complemented yourself out of it ; now you are like to abide-by it awhile , I assure you Brother . Go on . Clerk. ( Reads ) And do therefore acquit and exonerate the said Thomas Stepkin , alias Stipkin , his have given , enfeoffed , sold , granted , and by this my present writing confirmed , all those my four and twenty Acres and an half of Marsh Land , measured by the Rod or Pole , lying in Wapping Marsh Three Acres of which are lying adjoyning on the west side of the Mill that butts on the Hilly Bank , or way leading to Ratcliff Town , called Ratcliff Mill , with the Bank or Wall thereto belonging , and the Well adjoyning to the way that goeth up to the Linches called Shadwel , lying in the east end of the Marsh , and all the next piece west adjoyning to the same , containing by estimation one Acre , and the Pond and two Acres adjoyning on the west side , six Acres lying in the bottom of the Hilly Linches , adjoyning Northwest on the Wall that reaches from the Linches to the Island by the Pond . All which Eleven Acres and an half of Marsh-Land , are in the holding of Marcellus Hall Miller , and also the Bank or Wall Flood or Pond adjoyning west on the said Eleven Acres and an half ; containing by estimation of measure two Acres ; and also all that parcel late divided into two , and now or late in the Tenure of Richard Hill Butcher , containing by estimation of measure six Acres ; and also all that parcel West adjoyning to the six Acres , which I the said Richard Hill hold in my own hand ; and also that is to say , all that parcel with the Bank or Wall Island and Pond , containing by estimation of measure five Acres , which last Thirteen Acres I bought of , and had conveyed to me and my Heirs , from one Iohn St All which four and twenty Acres and an half , more or less , of Marsh Land , abutteth on the Thames Wall , on the part of the South , to the Lands of the Dean and Chapter of the Cathedral Church of St. Paul , called the Linches , on the part of the North , on the aforesaid Mill on the part of the East , and on Twenty Acres of the said Thomas Stepkin on the part of the west ; and also all the Thames Bank or Wall belonging to the said four and twenty Acres and an half of Marsh Land , which said piece or parcel of Wall , doth abut on the South-end of the said on part of the East , and on the Bank or Wall in the occupying of William Knevet , on the part of the west . All which Marsh Land Bank or Wall , are in the East end of Waping Marsh , abutting on the aforesaid Mill and Hilly Bank aforesaid , in the way leading to the Town of Ratcliff aforesaid . And which Four and twenty Acres are part and parcel of One hundred and thirty Acres which was heretofore continually for the most part overflown and drowned , with the water of the River of Thames , and all and singular Messuages , Cottages , Houses , Edifices , Orchards , Tofts Foreland and Soyl , which were the said Thomas Stepkinses before the overflowing and all and singular Messuages , Edifices , Cottages Cellars , Sollars , Orchards Woods , and Underwoods , and all other the rest of my Heriditaments whatsoever , in the Parish and Mannor of Stepney , in the County of Middlesex . Mr. Att. Gen. Now we shall produce a Lease from Stepkins to Marcellus Hall. Mr. Serj. Pembleton . I hope they will give some account of this Deed first . Mr. Att. Gen. When you say any thing against it , Mr. Serjeant , we will ; but we desire now to go on with our Evidence . Read that Deed. Clerk [ Reads . ] This has been read before , and is marked . This Indenture made the Twentieth Day of April in the Sixth Year of the Reign of our Sovereign Lord King Edward the Sixth , by the Grace of God King of England , France , and Ireland : Betwixt Thomas Stepkin , otherwise Stipkin , of the Parish of St. Mary Mackfellon in the County of Middlesex without Algate Beer Brewer , of the one part , and Marcellus Hall of Ratcliff , Miller of the other part , Witnesseth that the said Thomas Stepkin , otherwise Stipkin , for the Sum of 50 l. of lawful Money of England to the said Thomas Stepkin , otherwise Stipkin by the said Marcellus Hall at the ensealing hereof , well and truly paid and satisfied , and of the same doth clearly acquit and discharge the said Marcellus Hall his Executors , and Assignes , and every of them by these Presents hath demised , granted , betaken , and to farm letten ; and by these Presents doth demise , grant , betake , and to Farm lett unto the said Marcellus Hall , all those his Parcels of Marsh-land lying and joining on the West side of Hilly-bank , or way called Ratcliff-way and the Well adjoining to the way that goeth up to the Lynches , called Shadwell , lying in the East end of the Marsh , containing by Estimation of Measure three Acres and an half , and all the next piece West , adjoining to the same , containing by Estimation of Measure Six Acres and the Pond , and Two Acres adjoining on the West side of the Six Acres lying on the Bottom of the Hilly-Lynches adjoining North-West on the Wall , which reacheth from the Lynches to the Island by the Pond , all which eleven Acres and an half little more or less abutteth on the Thames Wall on the party of the South , to the Dean and Chapter of the Cathedral Church of St. Paul , called the Lynches on the party of the North , and on the Wall by the Pond on the party of the West , and also all the Thames Wall belonging to the said Eleven Acres and an half of Meadow or Marsh-land , which said Piece or Parcel of Bank or Wall , doth abutt on the South End of the aforesaid Hilly-bank , or way reaching to the East side of it , which leadeth to Ratcliff Town on the party of the East , and on the Wall in the Occupation of Iohn Everard on the Party of the West , and also all the Foreland and Soyl down to the Low-Water-Mark of the River of Thames belonging to the Premises , all which in the East End of Wapping-Marsh , abutting on the aforesaid Mill , and the Mill Hilly-bank or way leading as aforesaid in the Parish and Mannor of Stebunheath , otherwise Stepney , in the County of Middlesex , and now in the holding of the said Marcellus Hall , to have and to hold all the said Parcels of Marsh-land , Foreland , and Soyle and every part and Parcel thereof to the said Marcellus Hall his Executors , and Assignes , from the Feast of the Annunciation of St. Mary the Virgin before the Date hereof , to the End and Term of One Hundred Twenty and Eight Years , thence next ensuing , yielding — Mr. Sol. Gen. Read the Proviso . L. C. I. Read the Reservation of the Rent . Clerk reads . Yielding and paying therefore yearly for the same , to the said Thomas Stepkins his Heirs , and Assignes one Pepper Corn at the Feast of the Annunciation — Mr. Sol. Gen. Now read the Proviso . Clerk Reads . And the said Marcellus Hall for himself , his Executors , Assignes , Covenanteth and granteth to and with the said Thomas Stepkins , his Heirs and Assignes ; that he the said Marcellus Hall , his Executors and Assignes shall and will bear all manner of Charges — And it is further covenanted , granted , and agreed between the said Parties , that it shall not be lawful for the said Marcellus Hall , his Executors or Assignes , to alienate or assigne this present Term of Years , or any part thereof , without the special License or Consent of the said Thomas Stepkins his Heirs and Assignes — Mr. Williams . Pray , my Lord , will you give me leave to ask a Question of Mr. Banister ? Mr. Att. Gen. My Lord , he has not been examined yet , they cannot , under Favour , ask him any Questions . Mr. Williams . You have sworn him , and so he is under an Oath , and we may doubtless examine him as your Witness to this Deed that you have read . Is that your Name , Sir ? Shewing him the Deed of 16 Apr. Banister . This is my Name written by my own Hand . Mr. Williams . When did you write your Hand there , Mr. Banister ? Banister . The 16th of April , 1682. Mr. Williams . Pray , Sir , look upon it again . Banister . This is my hand , and I writ it my self when the Deed was found , I writ a Paper of such Deeds as were found at the same Instant of time . Mr. Williams . And you writ it when you found it ? Banister . I writ that Name at that Instant of Time. Mr. S. Pemberton . When was it do you say ? Banister . The 16th of Sept. 1682. Mr. Williams . Are you sure of it ? Banister . Yes ; I am sure of it . Mr. S. Pemberton . Just now it was April . Banister . It was in September , 1682. I writ this Paper at the same time . L. C. I. Where did you write this Name to this Deed ? Banister . At Mr. Knowles's House . L. C. I. When was the first time that you saw that Deed ? Banister . The very same Day that I writ my Name and this Paper . L. C. I. Did he find the Deed or you ? Let me see it . which was done . Banister . He had found that Deed before , but had mislaid it , and desired my Assistance to find it again . L. C. I. Where did you find it ? Banister . In a Garret in Mr. Knowles's House . Mr. Sol. Gen. Were there not a great many Deeds there ? Banister . Yes ; there were a great many . L. C. I. Pr'y thee look upon it again , and consider what thou sayst . Banister . This is my Name . L. C. I. Very well ; and how came thy Name there ? Banister . This is the very Deed I looked upon at that Time. L. C. I. Where did you first see that Deed ? Banister . I was at the finding of it in a Garret at Mr. Knowles's House . L. C. I. That was in Sept. 1682. you say . Banister . Yes , in Sept. 1682. I never saw it before . L. C. I. Pray who are Parties to that deed ? Mr. Williams . My Lord , it is the Purchase of the Inheritance . L. C. I. It is so , and how should that come to be in the Possession of Knowles ? Banister . I never saw it before that time . L. C. I. Read it again . Clerk. [ Reads . ] — This is dated the 16th of April in the Sixth Year of Edward the Sixth . To all faithful — Mr. Sol. Gen. Certainly , my Lord , he is under a Mistake . L. C. I. Ay , so he is sure enough , but a very foul one upon my Word : But let us see if we can bring him out of it . Mr. Banister , let me ask you a Question . Banister . Yes , my Lord , if you please . L. C. I. Then pray mind what I say , and consider of it . The 16th of September , 1682. was the time that you went on purpose to look for Deeds at Mr. Knowles's House ? Banister . I was there on the 7th Day of September , and that was the first Day that ever I came into Mr. Knowles's House in my Life . L. C. I. There were some Deeds , it seems , that Mr. Knowles had found before . Banister . So Mr. Knowles said . L. C. I. What became of those Deeds he had found before ? Banister . As he told me , he had mislaid them . L. C. I. And when did you come to have an account that he had found those Deeds first ? Banister . It was after I had paid him 3 l. For Water . L. C. I. When was the first time that he spoke of it ? Banister . It was the Fifth or Fourth of September . L.C.I. And when did you first go thither ? Banister . On the 7th of September he desired me to come and help him and assist him in finding out the Deeds that he had mislaid . L.C.I. What do you know of this Deed ? Banister . We found one Deed — L.C.I. Look upon that Carefully , is that your Hand ? Banister . That is my Hand . L.C.I. Do you remember when you put your Hand to that Deed ? Banister . The Paper I have in my Hand was written at the same time . L.C.I. Look upon that Paper , and consider it well , and now tell us whether you found that Deed first , or Mr. Knowles . Banister . Mr. Knowles . L.C.I. Now look upon it , and look upon it carefully , when was it ? Banister . This Deed came into my Hands the same day that I writ this Note . Mr. Att. Gen. My Lord , we desire we may go on with our Evidence , and not have them break in upon us to examine any such thing till their time comes ; if they have any thing to object against our Witnesses , let them take their time . Mr. S. Pemberton . Mr. Attorney , we are very regular sure in what we do ; you produce a Deed , and we desire an account how you came by that Deed , and finding Mr. Banister's Name , who is your Witness , and sworn by you , we would know of him what he knows of it . L.C.I. Aye , ay let Truth come out in God's Name . Look upon it Mr. Banister once more . What say you to it ? Banister . This is the same Deed and my Hand . L.C.I. Upon your Oath , Sir , when did you first see that Deed ? Banister . This Deed I saw the 7th of September , 1682. L.C.I. Where ? Banister . In the Garret at Mr. Knowles's House . L.C.I. Did you find it first , or Mr. Knowles ? Banister . I cannot tell , it may be I might . L.C.I. Are you sure you then put your Name to that Deed ? Banister . I did put my hand upon this same Deed the 7th of September , 1682. L.C.I. Pr'ythee look upon it again , and look very carefully upon it . Which he did for a good while together . L.C.I. Now look upon your Note again . Mr. Att. Gen. Pray do so , and peruse it carefully , and see whether that Deed be in your Note . L. C. I. Nay , good Mr. Attorney , let us have no Directions . What say you ? Banister . I set my Hand to several Deeds that I found there , to some Writings , on the 7th of September , and to others on the 16th . L. C. I. Now tell us which of them it was that thou didst put thy Hand upon this Deed. Banister . I believe it might be the Seventh . L. C. I. Didst thou not see that Deed before the Seventh of September , 1682. upon thy Oath ? Banister . No , Never . L. C. I. Who was with you when you first found that Deed ? Mr. Att. Gen. Pray , my Lord , let this Note be read , and that will clear all . L. C. I. No , by no means , Mr. Attorney , he may make use of what Notes he pleases , to refresh his own Memory ; but we will never support or prop up a Perjury at that rate , I assure you , by a Note . Was Mr. Knowles with you when you found that Deed ? Banister . He was . L. C. I. Do you take it upon your Oath that that Deed was found the Seventh of September , 1682. in the Garret at Mr. Knowles's House ? Banister . I cannot tell which of the two , it was the Seventh or the Sixteenth . L. C. I. Was it one of the two , upon your Oath ? Banister . It was one of the two . L. C. I. Now call Mr. Knowles again . Mr. Williams . There he is , my Lord , if your Lordship please to look upon the Deed — Knowles's Name was to it likewise , but scraped out . L. C. I. Well , we will ask him about it . But Mr. Banister positively swears he was at the finding of this Deed. What say you Knowles ? Knowles . I know nothing of it , my Name is not to it . Mr. Williams . Was your Name ever to it , or not ? Knowles . No , never . Mr. Dobbins . But it was to it at the Tryal in Michaelmas Term. L. C. I. Did you set your Name to all the Deeds you found in the Garret ? Knowles . Yes , I did . L. C. I. Upon your Oath , Banister , did you set your Name to any Deeds that he did not , that were found there ? Banister . I believe I might do so , I would not swear punctually to it . L. C. I. Was he with you ? Banister . He was with me in the very same Chamber . Knowles . I do not know that ever I put my Hand to that Deed in my Life . L. C. I. Did you ever see that Deed ? Knowles . I cannot say I did , I remember nothing of it . L. C. I. I ask you once again , when you found this Deed was he with you ? Banister . Yes , Sir. L. C. I. You , Knowles , did you ever trust him to look and search any Deeds in your Garret , but when you were by your self ? Knowles . No , my Lord. L. C. I. Then I would ask you upon your Oath , because you are the Persons that had these Deeds in your Custody , was there any Deeds delivered out of your Hand that you did not set your Hand to ? Knowles . I believe there was never an one . L. C. I. How came this Deed which he swears was found there , not to have your Hand to it ? Knowles . I do not know that ever I saw it . Mr. Att. Gen. Did Mr. Knowles say he was looking for Deeds of his own concern when he found the first Deed ? Banister . He did say he had looked before , and had found some of these Deeds , and then mislaid them , and desired my Assistance to find them again . L. C. I. What did he say to you at first ? Banister . He said he had been spoken unto by my Lady Ivy , to look for deeds that might concern her Ancestors , and he had found some ; but finding some also that concerned himself , he had mislaid my Ladys , and desired me to help him to find them again . L. C. I. What Imployment have you under my Lady Ivy ? Banister . I am her Rent-gatherer . L. C. I. Her Bayliff I suppose : But now you speak of what my Lady Ivy desired of Knowles , I would ask you a Question , lest it slip out of my Memory . Were you present at any time when my Lady Ivy spoke to Mr. Knowles to look after any Deeds ? Banister . Yes I was . L. C. I. Pray tell us whose Deeds she desired him to look ? Banister . The Deeds he said he had mislaid . L. C. I. What were they ? Banister . The Deed of Richard Hill , and the Deeds belonging to Stepney and Shadwel . L. C. I. What Names did she mention to him , that she would have looked after ? Banister . She did mention some . L. C. I. Upon your Oath did she mention any Deeds made by Dr. Donne Dean of St. Paul ? Banister . No. L. C. I. By one May Dean of St. Pauls . Banister . No. L. C. I. Was one Lun named ? Banister . No. L. C. I. Or one Holder ? Banister . Not that I know of . L. C. I. Did she mention one Ioan Hall ? Banister . I do not know that my Lady Ivy gave particular order for any of these Names . L. C. I. Did she upon your Oath name Marcellus Hall to you ? Banister . No , my Lord. L. C. I. Upon your Oath Knowles , was not he by when my Lady named Marcellus Hall to you ? Knowles . He was , my Lord. Banister . I did not hear my Lady name that Name at all . L. C. I. No , he heard her give Order for no particular Deeds , neither for Holder , nor Lunne , nor Marcellus Hall , but only concerning Stepney and Shadwell . Sir Edw. Herbert . Banister , Did he say he had before found them and mislaid them ? Banister . Yes . Mr. Att. Gen. Upon your Oath what Deed do you take that to be , which is produced ? Mr. Powis . Can you read it , yea or no ? L. C. I. Mr. Powis , Do you think my Lady Ivy sent Banister to look after Deeds that could not read ? that were very pretty . Mr. Att. Gen. What Deed do you take it to be ? Mr. Sol. Gen. Let me ask you one Question , Mr. Banister , Did you ever set your hand to any Deeds that were not found at Mr. Knowles's ? Banister . Yes , I have . Mr. Lutwich . Upon what occasion did you put your hand to them ? Banister . Because they were ancient Deeds , and I was to look out where the Lands were that they did concern . Mr. Att. Gen. Pray now answer my Question , look upon it , and tell me what Deed do you take it to be ? Banister . It is a Deed of Sale to Stepkins . L. C. I. It is so , you are in the right of it ; and now upon your Oath , where did you find that Deed of Sale ? Banister . My hand is to it , and this is one of the Deeds , I take it to be so , that was found in the Garret at Mr. Knowles's House . L. C. I. He has said so I know not how often . Mr. Att. Gen. He is not himself . L. C. I. How can I help that Mr. Attorney ? but what he says is plain . Mr. Sol. Gen. Pray read over the Note you have in your hand to yourself , and remember all the Deeds that are particularly therein contained . L. C. I. Let him read his Note , ( which he did ) and now ask him what you will. Mr. Att. Gen. Is there any Deed of the Sixteenth of April , 6 Edw. 6. from Hill to Stepkins in that Note . L. C. I. That is no fair Question Mr. Attorney . Mr. Att. Gen. With your favour my Lord , I conceive it is , for that will make it plain that he is mistaken . L. C. I. I believe he is ; but with your favour , it is not a fair Question , you are only to ask him , whether that Deed given in Evidence be there ? Mr. Sol. Gen. I would ask him one short question , my Lord , and I think it is a fair one . L. C. I. Ay in Gods name ask what fair questions you will , but no leading ones . Mr. Sol. Gen. Your Witness is drunk Madam . — to my Lady Ivy. Mr. S. Lutwich . My Lord , he does not understand what he says , that is plain . L. C. I. Brother , all Knaves are Fools in one kind too . Mr. Sol. Gen. Have you read the date of that Deed ? Banister . Yes . Mr. Att. Gen. My Lord , if you please , we will go on with our other Evidence a while , and let him recollect himself and consider of it . L. C. I. With all my heart , but I think the more he considers , the worse he is , and so he will be to the end of the Chapter . Mr. Att. Gen. They have called to us , my Lord , for an account of this Deed , we shall now prove that Mr. Neale knew of this Deed before . Swear Mr. Butler , ( which was done . L. C. I. What is your Name ? Butler . William Butler . Mr Att. Gen. Pray Sir will you tell the Court and the Jury , what Discourse you had with Mr. Neale , and what he said about a Deed , and when . Butler . I never saw the Lease , but as I was here at the last Tryal , when there was a Verdict for this Estate to be my Lady Ivy's , and afterwards the 22 of December last , I had an opportunity of being with Mr. Neale , he being with Mr. Brian my Ladies Husband since dead , at the Kings head Tavern , with whom I had some business . Mr. Brian was there first ( I suppose it was by appointment they met ) and in half an hour Mr. Neale came up stairs ; after they had changed two or three Complements , they came to talk about meeting at Mr. Attorney Generals Chamber in the Temple , to Treat about their Controversie . Says Mr. Neale , let there be a Forfeiture upon it of 50 l. to be paid by him that faills . No , says Mr. Brian I will make no forfeiture , but I will certainly meet there . Says Mr. Neale again , and I question not but to give such satisfaction as whereby to convince you and my Lady , that this is not her Estate . I should be glad to hear that , says Mr. Brian , why I hope you do not think the Deeds are Forged ? No , says Mr. Neale , I do not think they are forged . Mr. Knowles offered me a long time ago , to shew me that Deed , and I might have had it in my possession , but I would not ; for if I had , I should have been the aptest man in the world to burn it . This is all I can say . L. C. I. And what is this to the purpose Gentlemen , alack a day this is very thin . A slight Discourse in a Tavern ; how can any answer be given to such an Evidence , tho' indeed it does not need any ; pray let not our time be taken up with such trifling stories of a cock and a bull . Go on to that which is material . Mr. Att. Gen. Now we shall produce a Lease from Marcellus Hall , to one Roper , of part of this Eleven Acres and an half . Clerk reads . This Indenture made the 13 day of November , in the 2d and 3d years of the Reigns of our Soveraign Lord and Lady Philip and Mary , by the Grace of God King and Queen of England , Spain , France , both the Sicilies , Ierusalem , and Ireland , Defenders of the Faith , Arch-Dukes of Austria , Dukes of Burgundy , Millain and Brabant , Countess of Hasburg , Flanders and Tyrole , between Marcellus Hall of Radcliff Miller , of the one party , and Richard Roper Citizen and Salter of London , of the other party , witnesseth , That the said Marcellus Hall for the sum of Six pounds of good and lawful Money of England , to him by the said Richard Roper in hand paid , whereof the said Marcellus Hall clearly acquitteth and dischargeth the said Richard Roper , his Executors and Assigns , and every of them by these presents , hath granted , demised , and to farm letten , and by these presents granteth , demiseth , and to farm letteth , to the said Richard Roper , a parcel of Marsh Ground lying and being in Waping Marsh , at the East end of the Marsh , beginning at the west side of the Well , which lyeth by the way that leadeth up to the Linches , called Shadwel , measured by a strait line from the Linches , by the west side of the Well to the Thames Wall , and reaching West to the way that leadeth up into Radcliff high way , containing by estimation of Measure Seven Acres , little more or less , and the Pond , all which Marsh Land abutteth North upon the Linches of the Deart and Chapter of the Cathedral Church of St. Paul , and South upon the Thames Wall ; and also all the Thames Wall belonging to the Seven Acres , with the Forland and Soyl down to the Low Water Mark of the River of Thames . All which Marsh Lands are lying in the Parish and Mannor of Stebunhith , alias Stepney , in the County of Middlesex . To have and to hold the said parcel of Marsh Ground , Wall , Fore-Land and Soyl , with the appurtenances , to the said Richard Roper , his Executors , and Assigns , from the Feast of the Annunciation of our blessed Lady St Mary the Virgin next coming , unto the end and term of Four and twenty years from thence next ensuing , and fully to be compleated and ended , yielding and paying therefore yearly , during the said Term , to the said Marcellus Hall , his Executors and Assigns , Three pounds of good and lawful money of England , at Four Terms of the year . — L. C. I. What date is that Deed of ? Clerk. The 13 th of November , in the 2 d and 3 d. years of King Philip and Queen Mary . Mr. Att. Gen. Now we shall read Stepkinses's Licence to Hall , to alien his Term. Clerk. ( Reads ) To all manner of People to whom this present writing shall come , I Thomas Stepkins , alias Stipkins , of the Parish of Stebunhith , alias Stepney , in the County of Middlesex Beer Brewer , send Greeting in our Lord God Everlasting . Whereas I the said Thomas Stepkins in the 16 th of April , in the sixth year of Edward the sixth , have betaken Eleven Acres and an half of Marsh Land with all the Bank with the Foreland and Soyl down to the Low water mark of the River of Thames that he should not alien or assign the said Lease or Term of years , without the special license or consent Now know ye , That I the said Thomas Stepkins , for divers good causes give Leave and License to the said Marcellus Hall , to the Right Worshipful Mr Dean of the Cathedral Church of St. Paul with the Wall , Foreland , or Soyl under such Covenants , as is reserved and contained — Mr. Williams . I would ask Mr. Banister something about this Deed , look upon it Sir. Mr. Att. Gen. We have not done with him yet . Pray take that Deed out of his hand . Mr. S. Pemberton . You will let him give some account of it first Mr. Attorney . Mr. Att. Gen. You would sain confound him . Mr. S. Pemberton . He is confounded enough already . Mr. Sol. Gen. Now Mr. Banister you have considered of it , pray once more look upon the Deed again — ( which he did ) — Was that Deed one that you signed then or no ? Banister . This is my name , but I cannot find the Date of this Deed in my paper . I cannot tell now whether it be one I found then or no. Mr. Sol. Gen. Did you set your hand to any Deeds that were found there , which you did not set down in your paper . Banister . No , not that I know of , I do not know I did . L. C. I. Prithee where didst thou set thy hand to that Deed. Banister . I set my hand to the Deeds that were found there at the House . L. C. I. Did you set your hand to none else but what were found there ? Banister . I have set my hand to divers Deeds beside , but they are none of those Deeds that are in my paper . L. C. I. Where did you set your hand to any Deeds besides ? Banister . To divers Deeds I have set my hand at home . L. C. I. Have you to any relating to the Lands in question ? Banister . I do not know that I have set my hand to any Deeds relating to the Lands in question , but at Mr. Knowles's . L. C. I. To what purpose did you set your Hand and Name to the Deeds you found at Knowles's . Banister . To the same intent to testifie that I was at the finding of them . L. C. I. To what end did you set your Hand to any other Deeds . Banister . To the intent that I knew better where the Lands did lye then she did , and when my Lady found any Deeds , I set my Hand to them , and then found the places where the Lands lay . L. C. I. Thou hast had a fair time to consider of that Deed , canst thou see here to what place that Deed relates by this mark . Banister . I cannot find the date of the Deed in my paper . L. C. I. But where do you think you did put your name to that Deed ? Banister . I cannot tell whether I did it at that time or no , but this is my Name . L. C. I. I know thy Name is there man , I read it two hours ago , but did you put your hand to that as one of the Deeds that you found in September , 1682. when you were at Mr. Knowles's or not ? Banister . I cannot tell . L. C. I. Dost thou believe thou didst not ? Banister . I cannot tell . Banister . I cannot tell . L. C. I. Canst thou tell the reason why thou didst set thy hand to it ? Banister . Certainly because I was at the finding of it , I know no otherwise . Mr. S. Pemberton . Now pray look upon this Deed — ( shewing him another ) — and see whether that be your Name or not . Banister . Yes , my Lord , I will. Mr. S. Pemberton . Is that your Name . Banister . Yes it is , this is one of the Deeds that was found at Mr. Knowles's . Mr. S. Pemberton . You said so as to the other too . Mr. Att. Gen. But he was not so positive in it . Banister . This is Rat-eaten , and so I know it again , and there is a Rat-eaten Deed set down in my paper . L. C. I. Lethim be as positive as he will , he has been forsworn five times . Mr. Sol. Gen. He was confounded with a mistake of the Deeds , he having set his hand to so many . L. C. I. They are Perjured both of them plainly , that is the truth of the matter . Mr. Att. Gen. I hope the folly of our Witnesses in such Circumstances , shall not rob us of our own Land , and that it appears to be plainly . L. C. I. God forbid but you should have your own Land , but by the grace of God , if I can help it , you shall never have a foot of Land by Forswearing and Perjury . Mr. Williams . When did you find that Deed ? Banister . The 16 th of September . Mr. Williams . Where ? Banister . In the Garret at Mr. Knowles's . Mr. Williams . Are you sure of it ? Banister . Yes , I am sure of that Deed , because it is Rat-eaten . Mr. Williams . Knowles , Pray do you look upon it , what say you to that Deed ? Knowles . This is my hand , and this is one of the Deeds that was found there at that time . Mr. Williams . Pray read the Date of that Deed there . Clerk. ( Reads . ) This Indenture made the Thirteenth day of November , in the 2 d. and 3 d. Years of Philip and Mary . Mr. S. Pemberton . That is a Deed from Marcellus Hall to Roper ; how should that come to be at Knowles's ? L. C. I. They have sworn it . Mr. Att. Gen. They go about to blemish our Deeds by the Folly of our Witnesses , which we cannot help . We however leave the Deeds to the Jury , and let them see if those Seals and other things look like counterfeit . L. C. I. Well , go on , the Jury will have the Deeds with them . Mr. Att. Gen. My Lord , we did before produce a Conveyance from Richard Hill to Stepkins . It rested not there , that Conveyance had no legal Execution , thereupon there was a Fine and Recovery by the Heir of Hill , and what was the Occasion of that will appear by the Deed. Clerk. [ Reads . ] This Indenture made the Twelfth day of November , in the First and Sixth Years of the Reigns of our Sovereign Lord and Lady , Philip and Mary , by the Grace of God King and Queen of England , Spain , France , both the Sicilies , Ierusalem and Ireland , Defenders of the Faith ; Archdukes of Austria , Dukes of Burgundy , Millain , and Brabant , Counties of Haspurg , Flanders , and Tyrol : Between Iasper Hill , Son and Heir of Richard Hill , late Citizen and Mercer of London of the one Party ; and Macheline Stepkins late Wife and Executrix of the last Will and Testament of Thomas Stepkin and Iohn Stepkin , Son and Heir apparent of the said Thomas of the other Party , witnesseth , that whereas the said Richard Hill , Father of the said Iasper amounting in the whole to the Summ of 2000 by the said Macheline And where variance concerning all that Parcel of Marsh-Land unto St. Katherines , which the said Richard Hill bought of Cornelius Vanderdelf for the assuring all that Wapping-Marsh the said Richard Hill stands Bound in an Obligation of which Condition that he should make by a certain Day , a good , sure , sufficient indefeasible of and in all those Parcels of Marsh-land lying in Wapping-marsh , that is to say , all that with Six Acres of Marsh , now in the Tenure or Occupation of one Knevett , or his Assignes and all those lying in the East and in the Tenure of one Miller , that is to say , all the Bank containing by estimation three Acres and an half , and all those next adjoining , by Measure six Acres or more and two Acres by Estimation of Measure , lying in the Bottom of the Lynches , and reacheth from the Lynches to the Island by the Pond ; and also all that Parcel divided into twain six Acres , and also that holds in his own Hands , that is to say , all that Parcel with the Island and Pond , containing by Estimation of Measure five Acres and of , and in all those Parcels lying on the West side of the Pond containing in the whole sixteen Acres by Measure , all which said 16 Acres to Gravel-Lane , the said Richard Hill had in his own Occupation reaching to Gravel-Lane , sometime plowed and sown by one Richard Clayton , and now in the Occupation of one Cooper , Butcher , and lying on the East side of Gravel-lane towards London Fields which was conveyed to him from one Richard Tyrrell , and also all that Marsh in the Tenure of one Clayton , Butcher one William Cound , Butcher , seventeen Acres and of Edward Ash , four Acres , and also all the Lands , Tenements , Rents , Houses , Ponds , Fishings , Mills to the Low Water-mark of the River of Thames , and all Trees For the appeasing all Variances and Suits , the said Parties to this Indenture have fully condescended and agreed in Form following ; that is to say , the said Iasper Hill , for the Sum of 1200 l. of lawful Money of England , in which he acknowledgeth himself to be truly indebted to the said Marcheline and Iohn Stepkin , doth give , grant , bargain , sell to the said Marcheline and Iohn Stepkin all the said Marsh-ground lying in Wapping-marsh , with all manner of Lands , Tenements Forelands , Ways , Trees to the Low Water-mark with the Appurtenances lying and being in without or elsewhere within the Parishes their Heirs and Assignes for ever , all the Right , Title together with all Evidences and Writings discharged of all former Charges , Incumberances by the said Iasper Hill — Mr. Att. Gen. Next we shall shew that Marcellus Hall , that had this long Lease , and had demised the seven Acres down from Shadwell to Roper , doth on the 14th of Nov. in the 5th and 6th Years of Phil. and Mary , surrender the remaining four Acres to Thomas Stepkin , and then we shall shew it was demised to Fox , who was the first Builder , and made Foxes-lane . Mr. Sol. Gen. Your Lordship doth observe that the License was to assigne the whole eleven Acres and an Half , but he did assigne but seven . Clerk. [ Reads . ] This is dated in the 14th of November in the 5th and 6th Years of King Philip and Queen Mary . To all to whom this present Writing shall come ; I Marcellus Hall of Ratcliff , Miller , send greeting in our Lord God Everlasting . Whereas Thomas Stepkins hath by his Indenture dated the 20th Day of April , in the 6th Year of King Edward VI. lett to me the said Marcellus Hall on the West side with the Thames Wall thereto belonging , with the Foreland and Soyle for One Hundred and Twenty and Eight Years ; Know ye , that I the said Marcellus Hall , for the Sum of 30 l. of good and lawful Money of England in hand paid have by these Presents remised , released , and absolutely confirmed to the said Iohn Stepkin , his Heirs , Executors and Assignes , all such Estate , Right , Title , Interest , Term of Years , Estate , Property , Claim and Demand , which I , or any Person to my Use , have , or ought to have , or at any time shall to have in , or to four Acres of Marsh-Ground abutting East on the Green Bank , or Way through , Six Acres leading up to Ratcliff-Way , which Way adjoineth to the West side of the Lands in the occupying of Roper , which said Lands was made over with the Leave and License of the said Thomas Stepkins , to the Right Worshipful for the Term of Ninety Three Years ; and West on the Field in the occupying of Iohn North on the Lynches , and South of in or to the Thames Wall abutting East , on the South-West Way , as aforesaid down to the Low Water-mark of the River of Thames So that neither I , my Executors , or Assignes any Right , Claim , Demand or any part thereof but from all shall be utterly excluded and debarred for Ever — Mr. Att. Gen. Here is a Fine levied , Quin ' Trin ' 3 Eliz. they had best ask where that was found too : Is not that forged ? The Fine was read . Mr. Sol. Gen. Here is a Recovery also , and a Deed to lead the Uses . In which Recovery the Tenants vouch Iasper Hill , who voucheth over the common Vouchee . The Recovery was read . L. C. I. Read your Deed to lead the Uses . Clerk. Reads . ] This Indenture made the 12th Day of May , in the 4th Year of the Reign of our Sovereign Lady Elizabeth , by the Grace of God , Queen of England , France and Ireland ; Defender of the Faith , &c. Between Marcheline Stepkin of the one Party ; and Edward Buggin Where it was concluded , fully condescended and agreed between the Parties to this Indenture , that they the said Edward Buggin should in the Term of the Holy Trinity recover to them by Writ of Entry sur Disseisin in le Post , to be had against the said Macheline and Iohn , before the Queen's Majesty , Justices of the Common Pleas at Westminster , for that time , being according to the Use of former Recoveries One Hundred Acres of fresh Marsh , within the Parishes , Towns , Fields And it was fully agreed between the said Parties , that the said Recovery should be to the Uses Mr. Williams . Mr. Banister , Pray , Sir , look upon this Deed , and see whether your Name be to that Deed or no. [ Shewing him the Surrender of Hall. Banister . This is my Name . Mr. Williams . Was Mr. Knowles's Hand to that Deed ? Banister . I cannot tell . M.S. Pemberton . Did not he and you put your Hands together to it ? Banister . I did not make it , I did not forge it . M.S. Pemberton . No , I do not think you did , you have not Brains to do it . Mr. Williams . Where did you find that Deed ? Mr. S. Pemberton . How came you to put your Hand to it ? L. C. I. Is it one of the Deeds of Purchase ? Mr. S. Pemberton . Yes , it is , and therefore we would know since Knowles's Name is to it , how it came there . L.C.I. Is it the Surrender made by Marcellus Hall to Iohn Stepkin ? Mr. Williams . Yes , my Lord it is . L.C.I. Let me see it . — His Name I believe has been there . Mr. Williams . Do you know any thing of the rasing of it out ? Banister . No not I. Mr. Williams . You Knowles were you at the finding of that Deed ? Knowles . I set my Hand to none but what I found . L.C.I. But what do you say to that Deed ? Knowles . I do not remember this Deed at all , I cannot say any thing to it . L.C.I. Was your Name to it ? Knowles . Here is my Name , but I do not know who put it there . L.C.I. Is that your Writing Banister . Banister . That on the back side is . Mr. Williams . Look into your Note , that you may not outrun yourself . Why did you set your Hand to it ? Banister . I suppose it was one of the Deeds found there . Mr. Williams . How should it come there , it belonged to the Purchasor . Mr. Att. Gen. Now we shall go to matter of Record again . Richard Hill it seems before the Lease made to Marcellus Hall , entred into a Recognizance in 4 Eliz. this is extended , and that will shew it to be Richard Hills's Estate . Mr. Powis . Can you object any Forgery of Records , pray . Mr. Sol. Gen. Pray Sir look upon that ( to the Witness ) where did you Examine that ? Witness . I examined this at the Rolls . Mr. Williams . Is it a true Copy upon your Oath ? Witness . It is . L.C.I. Read it . Clerk. This is Tested at Westminster 17 Ian. 4 Eliz. And here is an Inquisition taken the 6 th of April in the same year . Mr. Att. Gen. We will read that part of the Inquisition that concerns our Question , for the East bound is only in question now . ( It was read . ) Mr. Att. Gen. Was this produced at the former Tryal , the first Tryal . Sutton . No , I think not in Michaelmas Term. Mr. Sol. Gen. Then we shall shew an Inquisition upon a Commission of Sewers . Mr. Att. Gen. The Land in question is every foot of it in the Marsh , and that they must acknowledge they have no Title to it . Mr. Williams . This is an Inquisition which they produce taken before a Commission of Sewers . I desire to know how that comes to lye in a private Hand , for it is the original Inquisition , and ought to remain with the Officer . Mr. Att. Gen. The whole Interest of the Marsh was ours , therefore it might well be left with us . Mr. S. Pemberton . Under favour , good Mr. Attorney , such things should be kept by the Clerk to the Commissioners . Mr. Att. Gen. How many Tryals has this been produced at ? Mr. S. Pemberton . With submission my Lord , this that they produce being an Original , may very well come under great suspicion , in regard it ought to be brought in by the Officer , in whose Custody it ought to remain . Mr. Williams . It is not a thing of bare Interest between Party and Party , but a thing that concerns the Publick , and therefore should be brought in the Officers Custody . L. C. I. Read it de bene esse , let us see what it is . Mr. Att. Gen. My Lord , I would ask Mr. Sutton , was not this produced and read before the the Trial in Michaelmas Term last ? Sutton . It was produced in Court Twelve years ago . Mr. Sol. Gen. Was it allowed as Evidence ? Sutton . Yes , constantly . Mr. Att. Gen. Pray read it . Mr. Williams . Pray who has had it in keeping all this while ? Sutton . My Lady Ivy brought it to me among her Writings at first . L.C.I. Read it . Clerk. The Verdict and Presentment of us the Jurors , as well of all Defects , Annoyances , within the Limits or Bounds of Wapping , and Wapping Marsh , from Grash Mill to the Mill at Ratcliff , that is to say , the 20 th of December , Anno Dom. 1572. and in the 14 th year of the Queens Majesties Reign that now is . The Names of the Free-holders within Wapping Marsh , and the Number of Acres contained within the same Marsh , with all the Names of the Occupiers thereof . First Iohn Stepkin Gent. Freeholder , for a parcel containing Twenty two Acres , in the Tenure of Richard Ew Benedict Gent. Mr. Att. Gen. You may skip over a great deal , and read only that which conduce to the Question . Clerk. No one can read it very well I think . ( Reads ) On the west side of Gravel-lane , containing 68 Acres . — Is that it ? Mr. Att. Gen. No , go to the East side . Clerk. ( Reads ) — Freeholders , one parcel containing Ten Acres , in the Tenure of Iohn Hodges and Iohn Gee , Iohn Stepkin . Gent. Two Parcels containing 20 Acres in the Tenure of Iohn Cooper , and Iohn Harding , Iohn Stepkin , Gent. One Parcel containing Four Acres , in the Tenure of Iohn Stepkin . One Parcel Containing Twelve Acres , in the Tenure of Iohn Roger Iames , Freeholder . Two Parcels containing Six Acres , Robert Hemmings , and Iohn Stepkin . One Parcel containing One Acre and an half , Richard Roper . One Parcel containing Six Acres in the Tenure of Rechard Roper . All which Parcels be on the East Part of Gravel-lane , containing Sixty Acres — Then here is somewhat interlined and struck out again . Mr. Williams . This doth not concern the Church . Mr. Att. Gen. No more it doth not , as you say , indeed , for they cannot claim any of the Marsh. Now we shall shew a Warrant Three Years after , from the Commissioners to survey . Clerk. [ Reads . ] — This is dated the 18th of Iuly , in the 17th Year of the most prosperous Reign of our Sovereign Lady Elizabeth , by the Grace of God — &c. And it is directed , To our well-beloved John Stepkin and John Osborn , Surveyors . Whereas , The Queen's Majesty by a Commission of Sewers , bearing Date the 23th Day of April , in the Year of her Reign , hath authorized us to survey and view from Buttolphs-Wharf by St. Katharines , near the Tower of London unto Ratcliff-mill not only to consider of the Decays and Ruines of the same ; but also to take order for the speedy repairing as to our Discretions shall seem good We therefore sufficiently informed of your Wisdom and Discretion , appoint you Surveyors willing and commanding you by vertue of the said Commission to see whether the Work be accomplished according to such Ordinances and Decrees as we have appointed , and from time to time shall make and appoint , and to see who we have made Expenditor for such Sums of Money for the Payment of Workmen may by your Warrant be disbursed and payed accordingly ; and further , we give you Power and Authority to give to provide for a competent and Salary at reasonable Prices , all Workmen ▪ Boats , Lighters , Carts , Carriages , Trees , Pales as to your good Discretion shall seem meet ; and for your so doing , this shall be your sufficient Warrant . Mr. Att. Gen. We shall now go a Step farther , as I opened in the beginning , and shew that this was mortgaged by Stepkins to the Queen , and a fine was levied upon that Mortgage . Clerk. Reads . This Indenture made the 4th Day of Iune in the 15th Year of the Reign of our Sovereign Lady Elizabeth , &c. Between the Right Honourable Sir William Cecil , Knight ; Lord Burleigh , and Lord High Treasurer of England ; the Right Honourable and one of her Highness's most Honourable privy Council ; Sir Gilbert Gerard , Knight ; her Majesty's Attorney General , for and on the Behalf of the Queen's Majesty and to her use of the one Party , and Iohn Stepkin Whereas William Pat one of the Tellers at and upon the Determination of his Account made and ended at the 25th Day of December is indebted in the Summ of 7928 l. 7 s. and 11 d. ob . And whereas our said Sovereign Lady the Queen the 16th Day of Iune in the 9th Year of her Reign , hath commanded the said Sir Will. Cecil Sir Gilbert Gerard , and Sir Thomas Bromley to take order from time to time with so many of the Debts owing , or that after should be owing and for the sure Payment and Contentation of the said Summ of 7928 l. 7 s. 11 d. ob . Covenanteth with them the said that he the said Iohn Stepkin his Heirs , Executors shall and will not only saisfie and pay the said Summ into the Receipt aforesaid but also for the better Settlement shall and will make and cause to be made by one Fine in good Form of Law of , and in one Close within the Parish Mannor of Yewel ; and one great Garden And of , and in one Tenement with the Appurtenances in now in the occupation of Iohn Stout ; and 19 Acres of Meadow in Wapping-marsh , Parcel of the said Mannor Richard Roper . Mr. Attorn . Gen. Where is the Copy of the Fine ? Sutton . Here. Clerk [ Reads . ] This is the Final Concord , &c. Mens . Mich. 14 Eliz. Mr. Sol. Gen. This was afterwards regranted from the Crown , and there is the Regrant . Which being under the great Seal , and Tested 6 Iulii Anno 7. Iacobi Rex was read . Mr. Att. Gen. Part of this Marsh was by our Ancestor conveyed to one East . L. C. I. Ay , I have the Note of such a Conveyance , in my Notes of the last Tryal . Mr. Att. Gen. Mr. Sutton , is that a true Copy ? Sutton . Yes , it is . Mr. Williams . A Copy of what ? where did you examine it Sir ? Sutton . At the Roles-Chappel . Mr. Att. Gen. It is a Deed enrolled , and I hope you do not think the Record is forged , Mr. Williams . Mr. Williams . I know not what you forge or do not forge ; pray read it , let us see what it is . The Copy of a Deed enroled , dated 27 July , 3 Eliz. was read . L. C. I. Then the next thing that you produced was a Bond dated the 25th of Ianuary , 4 Eliz. wherein Stepkins was bound to Spinola , who was Administrator of Vivold and Salvago , upon the Recognizance of Hill to them . Mr. Att. Gen. We did so , my Lord ; but that we cannot now readily find , I think : here however is Spinola's Discharge . Clerk. This is Signed by me Benedict Spinola , and Dated the 25th of Feb. 1561. Mr. Att. Gen. Here is the Bond , read the Condition of it , though it is not material . L. C. I. That is true ; But it was read the last time , I find by my Notes . Clerk. This is a Bond of 300 l. The Condition of this Obligation is such , that whereas one Recognizance made and entered into by Richard Hill 3 Dec. in the 32th Year of the late King Henry VIII . taken and acknowledged — Mr. Att. Gen. There is enough , for it makes not at all to the purpose , but to confirm the Belief of our Purchase . Here is also Iasper Hill's Receipt of the Purchase Money . Clerk Reads . This is dated the 28th of Ianuary , in the 13th Year of Queen Elizabeth . Be it known unto all Men by these Presents , that I Iasper Hill of Wormley have had before the ensealing hereof , of Macheline and Iohn Stepkins for the discharge of a certain Statute the full Summ of 1338 l. of lawful Money of England , in full Satisfaction and Payment of all such Purchase Moneys . Mr. Att. Gen. Then the 16th of Aug. 13 Iacobi , Fox , conveyed to Iohn Stepkins ; but that is left at home . L. C. I. Well , then there is an End of that , what do you do next ? Mr. Att. Gen. We have done with our Evidence by Deeds and by Records , and now we shall come to our Evidence by Witnesses , Viva Voce . And first we shall begin with Mr. Knowles , who will will prove the Value of the Land by the Rents , and particularly what the Rents are of Derrick-Hills . L. C. I. Prove what you will. Mr. Att. Gen. Mr. Knowles , have you received the Dean's Rents ? Knowles . For the use of Mr. Neale I have . Mr. Att. Gen. What are the Rents of the East side of Cock-Hill ? Knowles . About 100 l. a Year . Mr. Sol. Gen. What are they ? Knowles . Houses . Mr. Att. Gen. All Houses ? Knowles . Some Houses , some Ground Rents . Mr. Att. Gen. What is the Rack Rent ? Knowles . About 100 l. Year . Mr. Williams . Which Houses do you speak of , Mr. Knowles ? Knowles . On the East side of Cock-hill . Mr. Att. Gen. Do you know the Lynches ? Knowles . Yes , I do . Mr. Att. Gen. Who receives the Rents of that Ground ? Knowles . Mr. Neale did . Mr. Att. Gen. Have you received the Rents of the Twenty Acres ? Knowles . Yes ; for Mr. Neale I have . Mr. Att. Gen. These Three together , what are they all ? Knowles . About 2000 l. a Year . Mr. Att. Gen. All this the Church of Pauls has besides the Lands in Question . Mr. Williams . You say that part is worth 100 l. a Year . Knowles . Yes . Mr. S. Stringer . How much Land might it contain ? Knowles . It is a matter of the length of the Hall. L. C. I. And how broad is it ? Knowles . Not very broad . Mr. Att. Gen. Now then to come to the Lands in Question . Do you know Marriners-street ? Knowles . Yes . Mr. Att. Gen. Who is in Possession of that , and receives the Rents of it ? Knowles . Mr. Neale . Mr. Att. Gen. What say you to Griffins-Alley ? Knowles . Some of it is in Mortgage ; Mr. Babington had it , but for Mr. Neale's Use. Mr. Att. Gen. What say you to the Water-house ? Knowles . That Mr. Neale himself has . Mr. Att. Gen. These are the things in Question . Do you know that which is called New ? Knowles . That is Mr. Neale's too . Mr. Sol. Gen. Our Lease of 128 Years expired but in the Year 1680. and we could not come at it till then : and we had it not till 1682. and that answereth their Possession . Mr. Att. Gen. Now we shall call our Witnesses to prove it Marsh-Ground . Swear Thomas Hughes — [ Which was done . ] — Do you know Wapping-Marsh ? Hughes . Yes . Mr. Sol. Gen. Do you know the Houses in Question ? Hughes . Which Houses ? Mr. Sol. Gen. The Houses now in Suit for ? Hughes . Yes , I do . Mr. Att. Gen. How long have you known them ? Hughes . There was no Houses when I knew it first . Mr. Att. Gen. Do you know Cock-hill ? Hughes . Yes . Mr. Att. Gen. Do you know Foxes-lane ? Hughes , Yes ; I did know it before it was built . Mr. Att. Gen. Did you know the Houses that lay on the East side of Foxes-lane ? Hughes . What Houses there ? Mr. Att. Gen. Did you know any Houses there formerly ? Hughes . I know not what you mean. Mr. Att. Gen. I ask you again , do you know Foxes-lane ? Hughes . Yes , it was a Bank before it was built . Mr. Powis . Do you know the Lynches ? Mr. Att. Gen. Nay , let us ask but one at once , pray . I will ask you a plain Question ; Did you know the Marsh before it was built upon ? Hughes . Yes , Sir , that I did . Mr. Att. Gen. How far did the Marsh-Ground go ? Hughes . To Cock-hill Eastward , as far as the broad Bridge ; Westward as far as Foxes-lane . Mr. Att. Gen. Was that all Marsh-Ground ? Hughes . The River of Thames did flow round about it , and there were Boggs , Trees and Bushes , and such things . Mr. S. Lutwich . Did you know the place where Ratcliff-Mill stood ? Hughes . According to report I did . Mr. S. Lutwich . Ay , where was that ? Hughes . Just at Bell-wharf . Mr. S. Lutwich . Upon which side of Cock-hill ? Hewes . In Shadwell-Hamlet . Mr. At. Gen. That is right . Mr. Powis . Was that like the other end of the Marsh ? Hughes . The River came in there wholly . Mr. S. Lutwich . At high Flood doth the Water come in there at this time ? Hughes . It did at every Tide high and low formerly , now it is dam'd up . L. C. I. Did the Tide come up to that you call Foxes-lane ? Hughes . Yes . L. C. I. Then that makes an end of the Question : it cannot be as you say . Mr. Att. Gen. How so , my Lord ? L. C. I. How could it be an overshot Mill ? how could the Mill be turned but with the Tide ? Mr. Att. Gen. Their Evidence makes it appear such by the Leaden Trough , which is an Instrument belonging only to an Over-shot Mill. L. C. I. Tell not me of the Leaden Trough , Mr. Attorney ; look you upon the Survey you produced , and take Notice of the last Paragraph , and there you will find the Words Prox ' adjacent ' cuidam Tenemento , &c. What make you of that ? Mr. Att. Gen. Pray , my Lord , let it be read . L. C. I. I will in the mean time ask your Witness a Question . Friend , thou seemest to be a Man that understands something . Thou sayst Foxes-Idne was a Bank before it was built , and the Tide before that time came up to that Bank , both high and low . Now suppose there had been a Mill in that Ground , how should it have been driven ? Hughes . I will tell your Honour ; my Lord , by Report , and I suppose it may be true ; the Mill stood all the Tide of Flood , and when the Flood was at High-Water , there was a Dam which kept it in , and it went out again at Ebb-Tide , and so the Mill was drove . L. C. I. There is your Overshot Mill gone then , Mr. Atorney . Mr. Att. Gen. If ever Seven or Eight Acres of Gound can be the Appurtenances of a Mill , I should much wonder . L. C. I. Mr Attorney , I can tell you of a Mill over against this Place , which I my self , and we all can remember . All the Estate about it was in the Traps Family , he was a Gentleman of our House ; all the Water that drives that Mill , and two or three Mills that serve that side of the River , is taken in as the Tide comes in , and is pent in as he says by a Dam , and when they open that , the Mill turns back again . For I would sain have all these things that seem to be dark cleared by the way as they go . I will suppose all the Records you have read to be right , and that it is called Ratcliff-Mill , and then there is the Mill-bank , and the Hilly-bank , and the Hilly-way ; it is plain then there was a Mill-bank , or a Hilly-bank , or whatever you call it . It so falls out that the thing now in Question is made plain upon your own Evidence , there was really Ponds , and Gutters , and those things that were to satisfie the Mill : This Mill comes to be plucked down , and the Ponds and all the Sleuces come now to be built upon : This is not like your Marsh Ground that is on the Western part of the Bank , but it is Parcel of Mere or Marsh , as the Pond and the rest stifled up by those things , that till such time as the Mill was taken away were Receptacles for to pen up the Water that came in with the Tide . What is the meaning of those Words in the Survey that I spoke of before , and the several Tenements and Orchards , and Ponds , and Sewers , &c. and all those things . Would you have it that this should all point to the Scite of the Mill , as though all the Boundaries should extend to the East end of the Mill ? Mr. S. Stringer . That was the Reason why I asked but now how big the whole was . L. C. I. And will what you would have , Mr. Attorney , a Ditch or two ever answer the Words in the Survey ? Mr. Att. Gen. Nor will all their Words amount to divers Closes of Ground , as this must make in the whole . Mr. Sol. Gen. Their Twenty Acres elsewhere ; answers all they can claim . L. C. I. But this you yourself say , is the Derrick-hills , in the Survey ; and you do take it as soon as the Mill was pulled down in one place , it was set up in another . Mr. Att. Gen. After he had taken our long Lease he erected one , we say , upon our Ground for he had pulled down the old Mill , and lett that to Carter . Mr. Sol. Gen. My Lord , it is plain that the old Mill and the new Mill were not upon the same Ground from Carter's Lease . L. C. I. Mr. Sollicitor , You indeed agree among your selves that it is plain , but alas the Fact is quite contrary . Mr. S. Maynard . My Lord , we do make our Argument for the Defendants Title as your Lordship does apprehend it . The Boundaries towards the East is made the Mill and Ratcliff-Town . This place that contains Seven Acres , though it had Passages for the Water , is not the Mill , and it can never be , that so much Ground can be reckoned to be Lands belonging to the Mill : It is the Mill it self that is the East bound . L. C. I. No , it is the Mill and the Mill Bank , Brother . Mr. S. Maynard . With Submission , my Lord , it is Ratcliff-Mill . L. C. I. Is there no Mill-Bank in any of the Deeds ? Mr. S. Maynard . Not that I remember . L. C. I. At the Peril of my Discretion be that , Brother . Mr. S. Maynard . Take it to be so as your Lordship says , that there is mention of a Mill-Bank , that cannot lye East , for it lyeth in a little Pond — L. C. I. Good Brother let us not puzzle that which is as plain as that the Sun shines . The controversy is about all the West part of Foxes-lane . Mr. Att. Gen. No , it is the East bound that we contend for . L. C. I. Mr. Attorney , if you will mistake the Point I cannot help it , I assure you I do not . Pray take notice of it , it is called 130 Acres in your Act of Parliament . Mr. Att. Gen. Yes , my Lord , 130 Acres . L. C. I. Now then the East of your Land by your own shewing is Mill-Bank ; the East of Mill-Bank is the Mill , whereas the West part is St. Katherines , so all your Deeds and Records say but the East part of the Land is Mill-Bank . Mr. S. Maynard . No , my Lord , Ratcliff-Mill . L. C. I. But I say , ay , Brother . Then how broad doth Foxes-lane extend ? Mr. Att. Gen. 'T is reckoned 30 Foot in Carter's Lease , I think . L. C. I. That is a Lease that I perceive there is some controversy about , therefore I do not so much mind that : It is a Perch of Land I think in some of your Evidences . Mr. Att. Gen. Where Foxes-lane is , is the four Acres that were surrender'd , now that being the West-bound of the eleven Acres , where then are the other seven ? L. C. I. Read the Deed Poll again , the particulars and Bounds only . Clerk [ Reads . ] All those my four and twenty Acres and an half — Mr. Att. Gen. The East Bound your Lordship sees is the Mill : Now your Lordship makes an Objection , that if it were as we say , an Overshot Mill , it could not have been driven — L. C. I. Do not , pray , make any silly Objection for me , and then think to answer it . I tell you I do say , that it is impossible there could be any Mill there , but a Tide-Mill : The thing is as plain , Mr. Att. as any thing in the World can be Go on with your Evidence . Mr. Sol. Gen. Pray swear Iohn Somerly — [ Which was done ] — How long have . you known the Place in Question ? Somerly . I have known it about 27 or 28 Years . Mr. Att. Gen. Do you know where the Mill stood , or was reported to stand . Somerly . I know where it was reported to stand , but I never knew the Mill my self , it was demolished before my time . Mr. Att. Gen. Where was it reported to stand ? Somerley . As it was reported , it stood about half the length of the Hall off the Bank , rather leaning to the River of Thames than the High-way . Mr. Att. Gen. Where was the way to the Mill ? Somerley . At Cock-hill . L. C. I. That your own Evidence say , was on the West side of the Mill. Mr. Att. Gen. Did you know Shadwell ? Somerly . I know that that is called Shadwell . Do you mean the Well ? Mr. Att. Gen. Yes ; how far is the Well from Cock-hill ? Somerley . Half the length of the Hall. Mr. Williams . How far is it East of Foxes-lane ? Somerley . Truly I cannot well tell . L. C. I. The Question is , whether that be the Well that is mentioned in the Evidences ? Somerley . I never knew any other Well ; I pay'd for filling of it up . Mr. Williams . What was it ? was it not a Pond formerly ? Somerley . It was a Well . Mr. Att. Gen. What was it called ? Somerley . Shadwell it was called , I knew no other Name it had ; and that Well was wharfed about , and there was a Piece of Wood about Six Foot long put into it , and it was on the hide of the Hill , a Cooper had it in his Possession , and he used to put his Hoops into it — Mr. Att. Gen. Do you remember the Ditch that ran under the Lynches ? Somerley . I remember their was a Ditch that run along way , there were three or four Bridges over it . Mr. Williams . Was that a wide Ditch ? Somerley . It had Planks to go over , and it was a deep Ditch . Mr. Att. Gen. When you knew it did Cattle feed there ? Somerley . Not in my time . Mr. Sol. Gen. When you first knew that Well was it reputed an ancient Well ? Somerley . I knew it not till I came to buy it . Mr. Att. Gen. What do you know of the raising of Foxes-lane ? Somerley . I lived there 26 Years ago , and in the time since I lived in it , it is raised the Length of my Stick and more : For when the Tyde came in strong , it used to drive Stones and Planks in at the Windows . There was a Waterhouse erected upon Wapping-Wall , and they went to lay Pipes along the Street , but they could not lay them there , for they found great Pieces of Timber , and other things in the Ground that hindered it , and upon that they raised the Ground . Mr. Williams . Was not there a Dam made at the End of Foxes-lane to keep out the Tide ? Somerley . I never knew of any . L. C. I. Was not Foxes-lane reputed an ancient way ? Somerley . I suppose they were continually paving it to raise it higher and higher . Mr. Att. Gen. When you knew it first was it higher than the Marsh ? Somerley . It was all built when I came thither . It is 6 Yards higher at one End than the other . Mr. Att. Gen. Swear Iohn Holmes — [ Which was done . ] — Do you know the Houses in Question , between Foxes-lane and Cock-hill ? Holmes . Yes . Mr. Att. Gen. How long have you known it ? Holmes . I have known the Place a matter of 28 Years , or more . Mr. Att. Gen. Did you know it before it was built ? Holmes . No ; I did not take notice of it , to say notice . Mr. Att. Gen. Do you know that place that is called Shadwell ? Holmes . No. Mr. Sol. Gen. What do you know of the raising of Foxes-lane ? Holmes . I never did know of raising the Lane. Mr. Att. Gen. Not at all ? L. C. I. Was it not all the time you knew it a common Passage ? Holmes . Yes ; a common High-way . L. C. I. Shew , if you can , that there was any High-way from North to South , but Foxes-lane . Mr. Att. Gen. Do you know Cock-hill ? Holmes . That is quite off from it . L. C. I. Let me ask you a Question . Suppose you were to go for the purpose from Shadwell down to the River of Thames , would you go to Cock-hill or Foxes-lane ? Holmes . If I had occasion to go down to Pelican-stairs , then I would go to Foxes-lane ; but if I were to go to Bell-wharf , I would go to Cock-hill . L. C. I. That is quite another way . Mr. Sol. Gen. It is Southward of Cock-hill where the Mill stood . Mr. Att. Gen. That adjoined just upon the way . Mr. Sol. Gen. Doth not Cock-hill lead to the Thames ? Holmes . Cock-hill is the first beginning of the going down to Bell-wharf . Mr. Sol. Gen. Swear Eleanor Barefoot , and Mary Day . [ Eleanor Barefoot was sworn . ] Do you know Foxes-lane ? Barefoot . Yes , I know it very well . Mr. Att. Gen. How long have you known it ? Barefoot . Threescore and almost Six Years . Mr. Att. Gen. Then you knew it before it was built ? Barefoot . Yes . Mr. Att. Gen. Did you know the old Mill ? Barefoot . Who , Sir ? Mr. Att. Gen. Do you remember who first built there ? Barefoot . I cannot tell . Mr. Att. Gen. Pray , when you knew it first , what was it , and whose ? Barefoot . It was Marsh-ground from Cock-hill to Fenners-field it was counted and known to be Mr. Stepkin's , he was a great Free-holder , and owner of all the Ground up to East-Smithfield . L. C. I. How ? Why is not the Lynches between Cock-hill and St. Katherines ? Barefoot . The upper Ground was only belonging to the Dean of St. Pauls . L. C. I. Do you remember that which is now called Foxes-lane ? Barefoot . Yes . L. C. I. Was it a Lane at that time ? Barefoot . Yes , it was . Mr. Att. Gen. Do you remember how the Water came in there ? Barefoot . Yes . Mr. Att. Gen. Did it come up to the Bank ? Barefoot . At high Tides it came over , that so that none could pass . L. C. I. But at common Tides ? Barefoot . It came at common Tides , till it was raised . L. C. I. But it was an usual passage for Carts and Carriages ? Barefoot . Yes . Mr. Att. Gen. How was the Mill driven that was there ? Barefoot . There was a Mill in my time , that went with the Tide , and all the Water that came down from that Mill , came into a Pond , and so to the Mill-dam , and so drove this Mill. L. C. I. Which Mill dost thou speak of ? Didst thou know Ratcliff-Mill ? Mr. Att. Gen. Did you know Cock-hill-Mill ? Barefoot . Yes ; that I speak of . L. C. I. And how was it driven dost thou say ? Barefoot . It was driven by the Water that came from the River in a Sluce . L. C. I. It came out of the Thames ? Barefoot . Yes ; with the Tide . L. C. I. How did it run ? Barefoot . It had a great huge Sluce . Mr. Williams . Was that in the Lynch Ditch , or otherway ? Barefoot . It ran into a Pond . Mr. Att. Gen. Where did that Pond stand ? Barefoot . In New-Gravel-lane . Mr. Att. Gen. Where was the Head of the Pond ? Barefoot . It went out with the Tide . Mr. Williams . Where ? Barefoot . Between the Street and the Mill. Mr. Att. Gen. How near was the Pond to Foxes-lane ? Barefoot . A Quarter of a Mile off . Mr. Williams . West of Foxes-lane ? Barefoot . Yes . Mr. Att. Gen. Do you know Green-bank ? Barefoot . Yes . Mr. Att. Gen. How far is that from Foxes-Lane ? Barefoot . Half a Mile off . Mr. Att. Gen. Did you know the Well called Shadwell ? Barefoot . Yes , I did . Mr. Sol. Gen. On which side of Foxes-lane did Shadwell stand ? Barefoot . It was between the Mill and Broad-bridge ; Eastward of Broad-bridge . Mr. Att. Gen. How far was it from the Mill ? Barefoot . A pretty way . Mr. Att. Gen. How far do you think ? Barefoot . About 40 or 60 Foot : The Well was between the Mill I say , and Broad-bridge , Foxes-lane stood West . L. C. I. When you knew Foxes-lane first , what was it between the Lynches on the North , and the Thames on the South ? Barefoot . a Place for Carts and Horses to go . Mr. Att. Gen. And you say it was all Marsh-ground from Cock-hill to St. Katherines . Barefoot . Yes , it was all alow Ground . Mr. Att. Gen. Whose Ground was it counted to be ? Barefoot . Mr. Stepkins's . Mr. Att. Gen. Had the Dean ever any thing to do there ? Barefoot . The upper Ground was the Dean of Paul's , but the lower Ground was Mr. Stepkins's . Mr. Williams . Was there a Bridge over the Lynch Ditch at the end of Foxes-lane . Barefoot . There was a Bridge and a Cart way . L. C. I. Do you know it was Marsh-ground on the East side of Foxes-lane ? did it ever lie under Water ? Barefoot . At high Tides and such as that it was overflowed . L. C. I. But at common Tides did it use to go over Foxes-lane ? Barefoot . I cannot tell that truly , it is now raised very high , it was much lower ; but I am sure the Tide sometimes came beyond . Mr. Att. Gen. When the Water was in the great Pond , did not it come by the Lynch Ditch . Barefoot . It came out of the Thames . L. C. I. Do you remember any way that led up to the Lynches by the Well ? Barefoot . The Lynches did not belong to Mr. Stepkins ; there was the Mill. L. C. I. But answer me , was there any way that went up to the Lynches by the Well ? Barefoot . There was no Passage to go through , but at Foxes-lane . Mr. Att. Gen. Was there not a Way at Cock-hill ? L. C. I. That is farther East than the Mill. Mr. Att. Gen. Shadwell is the Bounds of our Land. L. C. I. But where is that ? that is the Question , Mr. Attorney . I remember what the Woman said indeed the last time , if there were as many Wells as there were Pains in the Glass Window here , that was the Right Well . But that will not decide the Controversy . Mr. Att. Gen. Swear Austin Cope . — [ Which was done . ] — Do you know Cock-hill ? Cope . Yes , I do . Mr. Att. Gen. Did you not know a Mill that was at Ratcliff ? Cope . There was one at Bell-wharf . L. C. I. How long ago is it that you remember it ? Cope . Threescore Years ago . L. C. I. How was that Mill driven ? Cope . With the Tide . Mr. Att. Gen. Where did the Tide come in ? Cope . At Frying-pan-stairs . Mr. Att. Gen. Whither did it go ? Cope . It went into the Dam , and so drove the Mill. There was an Iron Mill built by one White Twenty Years after . L. C. I. How far did the Tide go up from Ratcliff-Mill Westward ? Mr. Att. Gen. As near as you can remember , what was it that stopped the Tide ? L. C. I. Ay , how far did the Tide go before it stopped ? Cope . Almost as far as New-Gravel-lane . L. C. I. Did the Tide come up as far as Foxes-lane ? Cope . It slowed over at some Tides . L. C. I. What did it at usual and common and ordinary Tides ? Cope . It never came so high . Mr. Att. Gen. How high did it come then ? Cope . Hard by it came . Mr. Att. Gen. How near ? Cope . Within Forty Foot upon reasonable Tides . Mr. Att. Gen. And did that help to turn this Mill ? Cope . Yes ; it went to the Dam , and so it drove it . L. C. I. Where was your way from North to South ? Cope . At Foxes-lane . Mr. Att. Gen. Was there a Bridge there , over which the Carts went into the Lane , under which the Water did run ? Cope . Yes ; there was . L. C. I. What is it that lies beyond the Mill ? Cope . Ratcliff-Town . L. C. I. Which was further Eastward , Cock-hill or the Mill ? Cope . Cock-hill . L. C. I. So it is by your own Map ; and then where can the Mill-bank be but Foxes-lane ? Mr. Att. Gen. Shad-well is our Bounds . L. C. I. Robin Hood upon Greendale stood , therefore this must be your Land : That is all the Argument I can make of it . Your Boundaries do make it as plain as the Nose in a Man's Face . Mr. Att. Gen. Swear Mr. Holwell — [ Which was done . ] — How long have you known this Place , the Lands in Question ? Holwell . Not above a Year . L. C. I. He is your Surveyor , I think . Mr. Att. Gen. He is so , my Lord. Pray you Cope , which way did the Water go ? Cope . Westward . L. C. I. But which way did you use to go to the River from the Lynches ? Cope . We sometimes went the lower way , and sometimes the higher way . L. C. I. Which was the higher way ? Cope . Ratcliff-highway . L. C. I. And which was the lower way ? Cope . Through Wapping and Shadwell : Shadwell is the lower way . L. C. I. Thou talkest of the Noth-West Way ; but if you were to go directly from North to South , which way would you have gone ? Cope . Down Cock-hill , or down Broad-bridge . L. C. I. Where is that ? Cope . Beyond Cock-hill . L. C. I. Whereabouts is it ? Cope . Within a little of Foxes-lane . L. C. I. When you went down Cock-hill upon which Hand did you leave the Mill ? Cope . If I went the lower way , I left the Mill on the Left Hand . L. C. I. But when you went the higher way down Cock-hill ? Cope . Then we left the Mill behind us . L. C. I. What doest thou mean by behind thee ? Cope . I left it North. L. C. I. That could never be , Man. Mr. Att. Gen. Yes , my Lord , he is right . L. C. I. But I say he is not right , Mr. Attorney , for Cock-hill is North of the Mill. Mr. Att. Gen. Cope , do you know Foxes-lane ? Cope . Yes , very well . Mr. Att. Gen. Is it raised ? Cope . Yes ; Eight or Nine Foot. Mr. Att. Gen. What was the Reason of its being raised ? Cope . It was not fitting for Carts to go over . L. C. I. Why so ? Cope . The Water came upon it . Mr. Att. Gen. And then to come to the Admeasurement , taking in the Place in question it makes just 130 Acres , which is our Number and no more . L. C. I. Then you will leave the Dean nothing . Mr. Att. Gen. Yes , he has 2000 l. a Year . L. C. I. Where ? Mr. Att. Gen. In the East beyond this Place . L. C. I. Why , would you have any of the Land that belongs to the Mill ? Mr. Att. Gen. we claim this as Marsh-Land ; which they have nothing to do with , and the Number of Acres will not be answered without it . Mr. Holwell , have you admeasured the Marsh ? Holwell . Yes ; I have , Sir. Mr. Att. Gen. From whence did you begin ? Holwell . From Hermitage-Dock . Mr. Att. Gen. Within what Bounds ? Holwell . That which they call the Lynches and the Marsh to St. Katherines from the Well . Mr. Att. Gen. And how much doth it make ? Holwell . Besides the Well and the Lynches , I find it something above 130 Acres . L. C. I. Somewhat above , how much Pr'ythee ? Holwell . Not an Acre above . Mr. Williams . Pray , Sir , how many Acres lies East of Gravel-lane ? Holwell . Besides the Well and the Lynches I can find but Fifty Acres and an half . L. C. I. Where did you reckon up the whole ? Mr. Att. Gen. To make up the 130 Acres , he took in the Mill and all . L. C. I. That is very well . Mr. Att. Gen. Why , my Lord , it is no more than 130 Acres , and so much we must have . L. C. I. Look into the Survey that you produced , and see what that says , besides all — Mr. Att. Gen. Those lye eastward of the Mill. L. C. I. Pray did you measure the Wall ? Halwell . Wapping Wall is 20 Acres . Mr. Att. Gen. If they will consent , the Jury shall have the Survey with them . Mr. Williams . With all our Hearts , let them have it . L. C. I. Gentlemen , both sides consent , you shall have the Survey with you ; but without that Consent you could not have had it , it not being under Seal . Mr. Att. Gen. Then we desire our last Verdict may be read . Mr. Sutton , was it a Verdict upon full Evidence ? Sutton . Yes , Sir. Mr. Att. Gen. How many Hours did it last ? Sutton . Five or Six . Mr. Att. Gen. Was there a View in it ? Sutton . There was so . L. C. I. Read it — [ Which was done . ] — Mr. Holwell , how much pray , is the Land between Foxes-lane and the Mill ? Holwell . Below the Lynches I find it to be Seven Acres and an half . L. C. I. Can you expect then that all those Words of Gardens , Orchards , &c. should be answered under seven Acres and an half . Besides , the first and ancient Reservation of Rent was 10 l. a Year , after it was increased to 16 l. a Year , and it doth appear the Mill turned to so little Account that it was pulled down , and so the Land was to answer the Rent , which for a ground-rent upon a Church-Lease in those Days was very great . Have you done now ? Mr. Att. Gen. We have done for the present , my Lord. L. C. I. What say you to it then for the Plaintiff , Gentlemen ? Mr. S. Stringer . May it please your Lordship , and you Gentlemen of the Jury ; If we should give no further Evidence at all than what we have already given : But leave it upon this , I dare affirm it plainly appears that they have no Title at all to this Land. As to their last piece of Evidence I would first give an answer to that , and that is their Verdict ; and that which I would observe upon it , and say to it , is this ; it was a Verdict obtained upon forged Deeds . Deeds found , as is pretended , and as you have heard from their two special Witnesses , in a very extraordinary manner found in a Garret . But by what Art prepared , and that they are forged I question not but we shall give you Satisfaction . But besides , as to their Admeasurement , it seems as they would have it 130 Acres is the Question about the extent of the Marsh. So much they claim , and we shall bring two Surveyors that will give you an account upon their Oaths , that between Foxes-lane , which we say is the West Boundary of our Land , and the East of theirs , and Hermitage-Dock , where the Marsh ends , there is above 130 Acres , and so they do not want their Number . For all the Evidence that they have given out of Records , we agree them to be as they say , and by that Agreement shall do our selves no harm at all ; for they all do confirm our Assertion : They place the Eastern Bound of the Marsh at Ratcliff-Town ; now at Foxes-lane doth Ratcliff-Town begin . The Art has been to confound the Cause by puzling Boundaries , when it is a plain apparent mistake they run upon , and indeed I may very well say , a wilful one too . They would have us confine all to a Mill and a little Ditch , when they are at least seven Acres always enjoyed with it , and all called the Mill , which had a Pond , Gardens , Orchards , Tenements , &c. And now there are very large Drains necessarily made , to keep the Water from annoying the Inhabitants , and to carry it away . But for a further Evidence of our Title , we shall first prove that upon a Bill exhibited in the Exchequer by Mr. Attorney General against Stepkins their Ancestor , to know what Incroachments had been made , what belonged to the Dean of Pauls , and what to Mr. Stepkins , are fully set out . There it is proved that the Bounds of the Marsh were Wapping-wall , alias Foxes-lane . The Marsh was continually overflown with Water , but now in our Ground there was a great many Ditches and places to keep the Water for the Service of the Mill. When we come to build upon our Ground , which was 15 Iacobi ( then it began ) then he brought an Action and did pretend that we did incroach the Wall somewhat into the Marsh , there we had a Verdict upon a View , and after a Non-suit upon full Evidence . There was likewise a Bill exhibited in Chancery against Stepkins the Father , wherein the Bounds are set forth , and he in his Answer particularly enumerates the Boundaries . And it has been constantly the Reputation of the Place , that this was the Dean's Lands , surveyed as the Deans Lands , sold in the late Times of Usurpation as the Dean's Lands . The first thing , my Lord , which they produced , and that we did then , and do now controvert is Carter's Lease ; this , they say , was found in the Garret , and they bring two Witnesses for it : But how they have behaved themselves , what confusion there is in their Evidence , you see — L. C. I. Brother Stringer , if you have any Evidence to give , pray give that first , and leave your Remarks till the last , you shall then say what you will , but first give your Evidence . Mr. S. Stringer . My Lord , we shall pursue your Direction : We say , upon Foxes Building , Stepkins surmising that the Wall belonged to him , comes and brings an Action of Ejectment against Foxes Tenants for this Wall , and upon Tryal the Verdict went against him . Then there was another Action brought , and he was Nonsuit upon that . Afterwards there was a Bill preferred against him , and in his answer he confesseth that his Wall Marsh bounded upon Foxes-lane . Here are the Bill and Answer . Which were read . As likewise Copies of two Records , one in the Common Pleas ; the other in the King's Bench. Hill. 12 Jacobi Ejectment ; George Boswell , Plaintiff ; against Tho. Fox , Defendant ; Not-guilty pleaded , a Verdict for the Defendant . Mich. 14 Jacobi Ejectment ; William Sorrel , Plaintiff ; against Tho. Fox ; Not-guilty pleaded , and the Plaintiff became Nonsuit . Sir Iohn Trevor . My Lord , we have this further Piece of Evidence ; we have here a Lease made by Stepkins of seven Acres of Land , Westward of Foxes-lane , which divides the Marsh from the Mill-Ditches , and there is a Covenant that if he recover any part of Wall , Marsh-Wall , the Tenant shall have the Advantage of it , and increase his Rent . Which Lease bearing date , 16 Aug. 13 Jac. Anno Dom. 1615. was read . Mr. Williams . This was in time between the Nonsuit and Verdict . Mr. S. Stringer . My Lord , as I did open it , there was an Information exhibited by Mr. Attorney Gen. Noy , 7 Car. I. against our Tenants and theirs , and upon that Information there were Examinations of Witnesses , and all the Bounds of both Parties particularly set out , which make it all as plain and clear as can be . This cannot be set up to serve a Turn , it was in 7 Car. I. so long ago , and when that shews the Wall to be the Inheritance of the Dean of Pauls , it answers all their pretence of a Lease — L. C. I. Look you Brother , that cannot be given in Evidence , and I will tell you why , if it were an Information against Stepkins himself , he being the Party under whom they claim , no doubt it were Evidence . But it is against the Tenants of the one , and the Tenants of the other ; who only could support their own Tenancies , but they could not know their Landlords particular Titles , and then this cannot be Evidence to bind their Inheritance . Mr. S. Stringer . We submit it to you , my Lord. Then we shall offer you a Survey . In the Year 1649. this was exposed to Sale as Church Lands , and a Survey taken and found to be the Inheritance of the Church of Pauls , and as such sold for 9500 l. and enjoyed by the Purchasors till the Restoration . Mr. Williams . Yes , and to that very Person sold from whom they say they had these Leases , which they have produced . That is to Winterburn , whose Executor Knowles was , as he says ; and if he had such a Lease , which had then been forty Years in being , would he have given so much Money or ventured to purchase it as the Inheritance of the Church . Mr. S. Stringer . Here is the Survey then taken . Mr. Att. Gen. We oppose the reading of your Survey , because it had not any Authority to warrant it . L. C. I. Nay , Mr. Attorney , though there was no sufficient Authority , yet such things have always been allowed as Evidence . You cannot but remember it was done in the Case of Finsbury-Rotten row , as they called it White-cross-street . Mr. Att. Gen. Then let them read the Commission it was made upon . Mr. S. Pemberton . We have none ; there were many things done then of this Nature , without Commission under Seal . L. C. I. Ay , they did them by Orders from Committees . Read it . It was read , dated Dec. An. 1649. Mr. S. Stringer . Now we will shew the Deeds of Purchase , which was by Deed inrolled . Dated 22 Nov. An. 1650. for 9540 l. Mr. S. Stringer . My Lord , because they pretend this to be an Overshot-Mill , as they call it ; though it be plain it could not be by the Place ; yet we have three Tide Millers that we would trouble you with a little , but first here are some others , Bland , Marr , and Leburn , who will give an account of it — [ They were sworn . ] — Bland , do you know the Houses in Question ? Bland . Yes . Mr. Williams . How long have you known them ? Bland . Thirty Years . Mr. S. Pemberton . Pray what is the common Reputation whose the Lands were ? Bland . It was always taken to be the Dean's Lands . Mr. Williams . Who were the Tenants ? Bland . Mr. Whitwick and Mr. Winterburn . L. C. I. Pr'ythee canst thou tell what was taken to be the East Boundary of Wapping Marsh ? Bland . Foxes-lane . L. C. I. Was that the Reputation upon your Oath , in all your time ? Bland . Yes ; ever since I knew it . Mr. Williams . Bland , pray do you know the Pond ? Bland . The Ponds were filled up , but there were Ditches in my time . L. C. I. How near were the Ditches to Foxes-lane ? Bland . Within Ten Foot. Mr. Williams . What was the use of those Ditches ? Bland . The Water came in at Bell-wharf and filled up the Ditches with the Tide , and so it went back again . Mr. S. Stringer . Can you tell who purchased these Lands of the State in the late times ? Bland . Whitwick and Winterburn . Sir Iohn Trevor . Swear William Kemp and Curtlett . Which was done . Mr. Williams . Hark you , Mr. Curtlet , we would ask you a Question . My Lord , your Lordship observes there is a Well called Shadwell , that is at the East end of their Marsh. We shall shew where that Well is : There was a Well very lately just by Wall-Marsh , hard by the place where the Church is now built , which was called Shadwell , and from which the Church has its Name . Curtlett , do you know Foxes-lane ? Curtlett . Yes , I do . Mr. Williams . How long have you known it ? Curtlett . I have known it Sixty Years . Mr. Williams . When you first knew it , whose Land was it ? Curtlett . I am ignorant of the original Title , or the derivative Title , I know not whose it was or is . Mr. S. Pemberton . But whose was it reputed to be , that we mean ? Curtlett . Sometimes it was reputed Mrs. Moors , sometimes Winterburns , sometimes ones , sometimes anothers . Mr. Williams . Do you remember the Mill that was in this Ground in Question ? Curtlett . Yes , very well . Mr. Williams . How was that Mill driven ? Curtlett . The Water came in at Bell-wharf , Eastward , out of the Thames into the Pond , and so run beyond Broad-bridge , and vented it self into divers Ditches , and when the Tide went out , it returned back again , and imployed the Mill. Mr. Williams . How far went the Ditches ? Curtlett . Some of them to Foxes-lane , and one principal Ditch turned up half way the Lane , that People were forced to have Boards and Planks to go over it . L. C. I. The Thing is very plain , had it been as they say , an Overshot mill , this Provision that was made of Water for it , for ought I see , would have drowned all the Ground round about it . Curtlett . When I was a Boy we used to swim in that Place that was near Shadwell , in the Eady , there I have seen the Water as it went out , and the Mill wrought with it as it went back again . L. C. I. Was there not a way when you knew it first from North to South ? Curtlett . I cannot well tell . Mr. Att. Gen. Was there not a way from Ratcliff-high-way at Cock-hill to the River of Thames ? Curtlett . There was a common way for Carts and Horses down to the Ballast-wharf , and there was a great vacant Place — Mr. Att. Gen. Pray let me ask you , Did you ever hear these Lands reputed to be Stepkin's when you knew them first ? Curtlett . We have heard talk of that Gentleman . Mr. Att. Gen. How long ago ? Curtlett . I have not heard of him this Tweny Years . Mr. Att. Gen. Have you above Twenty Years ago ? Curtlett . If I did hear of him , I do not believe then it was in his Possession ; I cannot tell whose Title is best : You have , I suppose , both of you better Witnesses than I ; Conveyances and Deeds . Mr. Att. Gen. He is a wise Witness , he will not swear whose it is . L. C. I. He is so , Mr. Attorney ; I wish yours were so too . Mr. Williams . Pray what was it beyond Shadwell , and how near was Shadwell to Marsh-Wall ? Curtlett . Shadwell was on the further side near Foxes-lane . Mr. Williams . To the East or West of Foxes-lane ? Curtlett . To the West . Mr. Williams . Did you know the Well that is called Shadwell ? Curtlett . I know there was such a small Spring . L. C. I. Did it lie East of Foxes lane or West do you say ? Curtlett . West it lay . Mr. Williams . Pray did the place where you used to swim come up as far as the Wall ? Curtlett . Oh , no. L. C. I. I believe that was within the Thames only . Mr. Williams . How near have you swom to Foxes-lane ? Curtlett . It was in the Thames in an Eddy , there the Water went underneath the Mill. Mr. Att. Gen. In whose Ground was that Well that you call Shadwell ? Curtlett . I cannot tell in whose Ground it was . Mr. Att. Gen. Was it in the Lynches , or in the Marsh Ground upon your Oath ? Curtlett . I cannot tell indeed whose Ground it was in . Mr. Att. Gen. Did it rise very high ? Curtlett . It was out of the high Ground where the Church is built . Mr. S. Lutwich . Did you ever hear of any Well but what lay between Foxes-lane and the Mill ? Curtlett . Sir , I can only give an account where that Well lies that was called Shadwell , where the Church is now . Mr. Att. Gen. How many Wells have you known ? Curtlett . None but that , Sir. L. C. I. He does not know as many as there are Pains of Glass in the Window , Mr. Attorney . Mr. Williams . And this , he says , lay West of Foxes-lane , and there is your Shadwell-Bounds for you . Mr. Att. Gen. I ask you again , that Spring which you mentioned , did it lye in the Dean and Chapters Lynches , or no ? Curtlett . I tell you I know not whose the Ground was ; the Church stands there now . Mr. S. Lutwich . Did it lie in upper Shadwell ? L. C. I. He answers as plain as any Man can ; it was where the Church now is . Mr. Williams . Where is Kemp ? Do you know the Houses in Question ? Kemp. The Houses in Shadwell I do know , between Bell-wharf and Foxes-lane ; I knew them before they were Built as there are now ; there were some small Houses built here and there all along . There was a Pond and Ditches to receive the Water of the Tide : but at Broad-bridge especially there were Houses along to the Northward , among the rest , Mr. Craven's House who had a large Orchard and Garden . L. C. I. Where was that ? Kemp. Eastward of Foxes-lane , and several other Houses there were . Mr. Williams . Whose Inheritance was it ? Kemp. Mrs. Moor was my Master's Landlady , and Shadwell was reputed her Land and Ground . Mr. Williams . She was Lessee under the Church . Mr. S. Pemberton . Did you know the Cutts and Ditches in that Ground ? Kemp. Yes , Sir. Mr. S. Pemberton . How far went they Westward ? Kemp. The Ditch ran all in one till it came to Broad-bridge where it parted to the Northward and the Westward . L. C. I. How near Foxes-lane ? Kemp. Within a Dozen or Twenty Yards of Foxes-lane . Mr. Att. Gen. What sort of Ground was it ? was it not Marsh-Ground ? Kemp. A Man that built Boats in Winter time , put his Shallops into the Pond , otherwise it was very good Ground to the Northward , there were very many good Houses built and since Mr. Neale had to do with Shadwell , they have built in Mr. Cravens , and built a Water-house and two other Houses there . L. C. I. Read the Survey again that mentions Craven's House there . Which was done . Kemp. That was bending Northward that way . Mr. Williams . It is part of the seven Acres now in Question . L. C. I. Do not you contend for the Brew-house ? Mr. Att. Gen. for the Water-house we do . L. C. I. Is not the Water-house built upon part of Craven's Ground ? Kemp. Yes , my Lord ; it is . Mr. Williams . When did you know this first ? Kemp. Fifty Years ago . Mr. Williams . was this Ground Orchards or Gardens then ? Kemp. Several places of it were Gardens and Orchards ; some Places had Houses , chiefly to the Northward , some good Houses and Orchards , especially Mr. Craven's . Mr. Att. Gen. Do you speak of the Hilly or the Low Ground ? Kemp. The Middle Ground , chiefly that that lay Northward . Mr. Att. Gen. Did you know the Lynches , the Hilly Ground ? Kemp. Up higher to Ratcliff-high-way I did . Mr. Att. Gen. Did you know the Ditch that came under the bottom of the Lynches ? Kemp. The Stream did run in several Places , but the Ground was good Ground Northward specially . Mr. Att. Gen. were there any Houses built on the South side of that Ditch ? Kemp. There were a great many built between the Ditch and the Thames , between Bell-wharf and Foxes-lane . Mr. Att. Gen. What , Fifty Years ago ? L. C. I. Your own Survey says so . Mr. Williams . Call Daniel Hams : — Swear him . — [ Which was done . ] — Do you know the Mill and Lands in Question ? Hams . I knew it when it was a Mill. L. C. I. How long is it since you first knew it ? Hams . Forty Years . L. C. I. Pr'ythee what a kind of Mill was it ? Hams . A Ground-shot-Mill , she took in Water at Bell-warf , and it ran towards the West to Foxes-lane , in several Branches and Ditches . L. C. I. How ! A Ground-shot-mill sayst thou ? why these Gentlemen say it was an Over-shot-mill . Hams . My Lord , It could be no Over-shot-mill , for the Water will not rise high enough to drive such a Mill ; it ran in several Ditches to preserve it from rising to overflow the Ground . Besides , my Father , who was a Mill-wright himself , told me he had known it Threescore Years , and knew it always a Ground-shot-mill : He told me of all the Mill , about London , what they were . Mr. Att. Gen. Pray how old was your Father when he told you so ? Hams . He had known them he said , Sixty Years , and he has been dead Twenty Years . Mr. Att. Gen. Why the Mill was removed . he could not know it so long . L. C. I. I know no Proof of it but your Deeds . Hams . My Lord , there it was , he said . Mr. Att. Gen. Was there not a Pond and Ditches ? Hams . There must be Ditches to receive the Water as it came in , but still the more the Tide came in that fill'd up the Ponds , and as it went back again , it drove the Mill. Mr. Williams . What Prosession are you of Pray ? Hams . I am a Mill-wright . Mr. Att. Gen. Pray do they make use of a Trough in such a Mill. Hams . They do for an Over-shot-mill . Mr. Att. Gen. Here is a Trough of Lead in their Lease . Do not they in an Under-shot-Mill . Hams . No , if it be by the Tide a Ground-shot-mill , there is no necessity of a Trough . Mr. Williams . We have a great many Witnesses to this Point . Swear Grindy — [ Which was done ] — Are you a Mill-wright ? Grindy . I am only a Miller . Mr. Williams . Did you know the Mill in Question ? Grindy . I cannot remember it , Sir. L. C. I. How long have you known the Place ? Grindy . Thirty or Forty Years : But I had no acquaintance with that Mill they speak of ; But I know it is impossible for any Over-shot-mill to be there : For I keep part of a Tide-mill my self , and have done so this Forty Years , and I know the Water must rise at least Ten , Twelve , or Fourteen Foot higher than it needs in a Tide-mill . For we take in our Water as the Tide comes in , and we have a pair of Gates that are hung with Hinges at the Top , which open as the Tide comes in , but the Water as it goeth out , shuts it again , and that keeps the Water to stand three or four Hours in some Mills , and then we have only Gutts that belong to the Wheel , and then we draw up the Gates the Water goes out . We have no Water that comes above the Shaft , which is half the Heighth of the Wheell , which is Sixteen Foot high . To talk of an Over-shot-mill the Water must rise so high as to go over the whole Marsh. L. C. I. And must drown all the Town and Country too . It is plainly so , Mr. Attorney , talk as long as you will. Mr. Att. Gen. Friend , I ask you but one short , plain Question : I would know , can they use a Leaden Trough with those Tide-mills , as you call them ? Grindy . We can use none , nor do we make any such thing . Mr. Att. Gen. Would not the Springs in the Lynches , carry an Over-shot-mill ? Grindy . Sir , I have seen the Place all about many times , and I will lay any Man 20 l. to 20 s. that all the Springs thereabouts shall not Produce a quarter enough Water . Mr. Williams . Where is George Care ? Swear him — [ Which done . ] — Do you know Foxes-lane ? Care. Very well . Mr. Williams . How long have you known it ? Care. Eight and Fifty Years . Mr. Williams . Did you know Shadwell , the Well so called ? Care. That I did , Sir. Mr. Williams . Where stood it pray ? Care. At the upper End of Foxes-lane as we go Westward , and just at the side of the Church-yard , there is one now and brick'd over Head , where they used to fetch Water : I never knew any other . Mr. Williams . Was that called Shadwell ? Care. I never knew any other but what I tell you of . Mr. S. Stringer . Pray what was usually taken to be the East-bound of Wapping-Marsh ? Care. The West side of Foxes-lane was called Marsh-Wall , or Wall Marsh , and that was the Boundary to Stepkins's Lands , and Eastward was always the Lands of the Dean of Pauls , and I have known it this Eight and Fifty Years ; Nay , I was the first that ever built an House in Foxes lane . Mr. Att. Gen. Do you know the Lynches , or the High-Ground Northward ? Care. I know it not by that Name . Mr. Att. Gen. This Well you speak of , did it not rise out of that Ground ? Care. It was by the Church-yard that is now . Mr. Att. Gen. You have that the Inheritance of it . Mr. Williams . Sir , we hope we shall not need to be taught which is our Inheritance . Where is Mr. Mar. We shall now my Lord answer the Admeasurement made by her Surveyor Holwell Pray will you Mr. Marr , tell the Court how many Acres it is . Marr. The Land which is counted Wapping-Marsh , which is bounded on Foxes-lane East , on the Dean's Land West , upon Grash-Mill , Well-close , Nightinghal lane , &c. if we take it to the upper Ground , doth contain 130 Acres , but take in that which is in Question too , and it makes 141 Acres . Mr. Williams . Did you measure it too Mr. Leyburn . Leyburn . I did so too , Sir , and it is as he says . L. C. I. How much is it ? Leyburn . I took the whole from St. Katharines to Foxes-lane , and it makes 130 Acres besides the Upland and Foreland , and the like between Grash-mill and Wall-marsh-wall : It is at least so much ; it is , I think somewhat more , the Ditches being undetermined . L. C. I. Well , what is it all this while you keep my Brother Gregory for ? Mr. Williams . If your Lordship please , we have only a short Question to ask Mr. Baron Gregory ; if he please to be sworn — [ Which was done . ] — Where is Mr. Knowles ? Sir , you were pleased to say that the Writings were carried to Mr. Neale's Council in Grays-Inn , and that that Writing was among them . Knowles . They wereso , and I believe it was among them . Mr. Williams . My Lord , Mr. Baron Gregory had the Perusal of these Writings . L. C. I. But , Mr. Williams , my Brother Gregory was not named to be the Counsellor in Grays-Inn . Knowles . No , one Gage , or some such Name . L. C. I. I suppose it was to Mr. Cage's Chamber , that married Okey's Widow . M. S. Stringer . I believe it was , and I am sorry we have kept Mr. Baron Gregory so long . Knowles . Pray did you know they were with Mr. Baron Gregory ? L. C. I. Did you know they were with my Brother Gregory ? Knowles . No , my Lord , that I remember . L. C. I. Well Brother , we cannot help your staying now , but remember you had an Offer made you at first , and you are punished for refusing it . Go on Brother Stringer . Mr. S. Pemberton . My Lord , that which we were surprized with the last Trial , was the Newness of these Deeds to us . It look'd to us to be so strange a thing , so amazing a thing to us , that we knew not how to give an answer to it . We have since considered of these things , and your Lordship doth see what account they themselves have given of them . And what an improbability it is that these Deeds should be found , as they say . Here was a Possession which we have proved under the Dean of Pauls Lease for so long , this they would strip us of these Deeds that they have trumped up . It made us look into it more warily , and we cannot conceive it probable , or any thing likely , that the Deed of Purchase whereby this Land is pretended to be purchased into the Family of the Stepkins's , should be found in the Hands of the Dean of Pauls Lessee , who likewise purchas'd it of the State , as the Inheritance of the Dean of Pauls . How could the Deed of Purchase from Hill be in our Lessees House . Mr. Att. Gen. It was not , that is a mistake . Mr. S. Pemberton . Good Mr. Attorney , do not interrupt me . We must rely upon it that they swore it the last time , and that the Deed of Inheritance made four days before our Deed , on purpose to warrant the Trick . Here is likewise a Surrender made between Hall and Stepkins produced . How the Deans Lessees should come to have that Deed of Surrender ? But to satisfie your Lordship in this matter , We shall give a Full and a Fair Evidence , that these Deeds are forged . Mr. Bradbury . My Lord , we have had a violent suspicion , that these Deeds were forged . But we suspect it now no longer , for we have detected it , and will shew as palpable self-evident Forgery upon the Face of these Deeds as ever was . I desire to see the Deed of the 13th of November , in the 2d and 3d years of Philip and Mary from Marcellus Hall to Roper : and that of the 22th of December , in the same years , from Marcellus Hall to Carter , I desire to see too . Your Lordship sees the use of these Deeds . The one is grafted upon our Lease from Dean Fecknam , where it is recited , that the Mill is demolished , and a new one erected in another place ( says their Deed , ) and upon that they set up the Notion of an Overshot-Mill , and all the puzling Matter brought into this Cause . But I dare undertake to prove them plainly forged . Mr. Attorney . That is an undertaking indeed . Mr. Bradbury . It is an undertaking indeed to detect the Defendants Articles , but I will venture upon it , and shall demonstrate it so evidently , that Mr. Attorney himself shall be convinced they are forged . Mr. Att. Gen. Come on , let us see this Demonstration . Mr. Bradbury . The Deeds have brought that Evidence upon their own Faces , that is 1000 Witnesses . Mr. Williams . Prithee open the Exception . Mr. Bradbury . If your Lordship please to look upon them , the Stile of the King and Queen in both run thus . The one is , This Indenture made the thirteenth day of November , in the Second and Third Years of the Reigns of our Soveraign Lord and Lady Philip and Mary , by the Grace of God King and Queen of England , Spain , France , both Cicilies , Ierusalem , and Ireland , Defenders of the Faith , Arch Dukes of Austria , Dukes of Burgundy , Millain and Brabant , Counties of Hasburg , Flanders and Tyroll . The other is , This Indenture made the 22th day of December in the same Year . Now in November and December 2 and 3 of Philip and Mary it was impossible for any man in the World to draw a Deed in this Form that those two Writings are — Mr. Att. Gen. Is that your Demonstration ? L. C. I. Pray let him go on , methinks it is very ingenious . Mr. Bradbury . My Lord , I had the hint from my Lord Coke in his first Institutes , not as to this particular Stile , for I know he is mistaken there , but for the detecting of Forgeries in general . L. C. I. It is very well , pray go on . Mr. Bradbury . My Lord , at that time King Philip and Queen Mary were among other Stiles , stiled King and Queen of Naples , Princes of Spain and Sicily ; they never were called King and Queen of Spain and both the Cicilies then . And lastly , Burgundy was never put before Millain . Now to prove all this , that I say I have here all the Records of that time , which will prove their Stile to be otherwise . First , We shall shew the Acts of Parliament of that time . The sitting began the 21th of October , in that Year which was before their Deeds , and ended the 9th of December after . We shall first read the Titles of the Acts of Parliament , and you will find them just as I have opened them . Read the Statute Book . Clerk ( Reads ) . Acts made at a Parliament begun and holden at Westminster , the one and twentieth day of October , in the Second and Third Years of the Reign of our most gracious Soveraign Lord and Lady Philip and Mary , by the Grace of God King and Queen of England , France , Naples , Ierusalem and Ireland , Defenders of the Faith , Princes of Spain and Sicily , Arch Dukes of Austria , Dukes of Millain , Burgundy and Brabant , Counties of Haspurg , Flanders and Tyroll , and there continued and kept until the Dissolution of the same , being the ninth day of December then next ensuing . M. Bradbury . Here in the Acts made by the Publick Council of the Kingdom the Style is in the ancient manner . And your Lordships observes these no small differences . Here first Spain is left out in the enumeration of the Kingdoms , and so Sicily and Naples is instead of them . In the Deeds Spain is put in before France , and the Sicilies made a Kingdom too . Secondly , Here in the Style of the Act they are called but Princes of Spain and Sicily , that in the Deeds is quite left out . And then in the Acts of Parliament , Millain is put before Burgundy , in the Deeds , Burgundy before Millain . And how this great alteration of the Style should come to be put in a Millers Lease , is strange . We have next an account of all the Fines of Hillary Term , which was the Term next following ; for their first Deed happens to be in Michaelmas Term , and then the Parliament sate too . Many of which were read . Mr. Bradbury . Here are likewise the Fines of Easter Term following , which shew that still the Old Style continued in all the publick Records . And if we could as easily have brought all the Enrolments of Deeds that would prove the same . The Fines of Easter Term read . Mr. Bradbury . Now , my Lord , we shall shew when the Style turn'd , that was in Trinity Term after . The Fines read . Mr. Bradbury . But I cannot see how these Deeds could be truly made at that time when they stand single , and none like them can be shewn , except they come from the same Forge that these do . I cannot believe the Miller alone , or he that drew his Leases for him , could so long before prophecy what manner of Style should hereafter be used . Mr. Williams . Your Lordship has heard our Deed of the 10th of December , in the same Year , read already , but we having here the Leiger Book of the Church of St. Pauls , which cannot be made for a Turn , but was written at that time ; we desire the Style may be read there — [ Which was done . ] — But to go a little further to satisfie your Lordship that they are very likely to be forged , We shall give some evidence that this is not an unusual thing with some People concerned in this Cause . The Witnesses will name them to you , and give you an account of it . Swear this Lady and Sir Charles Cotterel . [ Which was done . ] L. C. I. Well , what is it you call these Persons to . Sir Iohn Trevor . To speak plain , my Lord , we call them to give an account of my Lady Ivies forging a Mortgage from one Sir William Salkhill for 1500 l. of a House in St. Martins Lane , to which forgery Mr. Duffet , that Ladies Husband was privy , and what benefit he should have by it you will hear . Sir Charles Cotterel pray will you tell what you know of my Lady Ivie in this matter . Sir Charles Cotterell . My Lord , that which I have to say is this ; My Lord , I am Tenant to my Lady Salkhill , Sir William Salkhill's Widow , in a House in St. Martins Lane , and was so to her Husband a year and a half before he died . The House hath been built backward , and the Garden side they kept to themselves ; But all the House that was first built , I took , and have it still . My Lord , my Lady Ivy did come to the House about three months before Sir William died , parting from her Husband Sir Thomas Ivy , she came thither as a Refuge , where she had been before , and was received very kindly . He died , as I said , about three months after , and my Lady then desired to know how accounts stood between Sir William and her about monies he had lent her , and supplied her with . And upon the Account she appeared to owe Sir William 96 l. she then took 4 l. more out of my Lady Salthills mony , and told her , now Madam , I owe you 100 l. She had been entertained as a Guest there without paying any thing for it , and at his death she continued with my Lady Salthill three quarters of a year after . And being there ( as she pretended ) in great kindness to me , she persuaded my Lady and me , that the Lease of my Ladies House should be turned over to me in trust for a Debt of fourscore pounds that was owing to me by Sir William Salkhill . Said I to my Lady Salkhill , Madam I am in no doubt of my mony , I pay as much Rent as this in a Year and more , I can pay my self that way , pary let not me meddle with any such thing , Mr. Duffett will be persuaded I intend to cheat them if I should . But still my Lady Ivy was at it , and prevailed upon my Lady Salkhill to press me to it . At last upon their importunity , said I , if it be necessary for my Ladies service , let it be done what you think fit . She therefore gave direction to Mr. Sutton , and he come to me , and I directed him to draw a Writing to turn over the House to me as a security . He asked me how much my Debt was ; Fourscore Pounds said I. Said he , I should see my Lord of Salisbury's Lease , to my Lady , for he must take some things out of it to draw this by . He did see it , and took as much by Note out of it as he thought fit , to make the other by . Then a Writing was drawn , this was in Iune 1670 , or 1671. I am not certain particularly which , but she brings this Writing , and my Lady Salthill signed it by her desire , and my Lady Ivy , and Mr. Sutton were both Witnesses to it . About a year after I heard that she set on foot a Mortgage of her own upon this House from Sir William Salthill . I wondred at it , because when the Account was made up she appeared to be in Sir William's Debt ; and I told those that told me of it , I would believe it when I did see it . I was then informed the Writing was at Malmesbury . She after went out of Town , and comes back again in a little while , and this Writing , as I heard , was shewn to several persons of my acquaintance that came to me and told me they had seen it , but said I so have not I , but when I see it I will believe it . At last Serjeant West , who was a Relation of mine , I married his Aunt , one day brought over this Writing to me , and told me he had got this Writing at last , and leave from my Lady Ivy to let me see it . I looked upon it , and there I did see at the bottom , where the Seal was , William Salkhill , and then I turned to look upon the Witnesses names . No , says he , you must not see that , who are Witnesses to the Deed , for my Lady Ivy made me promise , before she let me have it to shew you , that you should not see the Witnesses names . Then said I again , I have seen enough to give me satisfaction : I was a little the more confirmed that the thing was not a reality but fiction , and so I told him . My Lady saw that would not pass , she offered , provided Mrs. Duffet , my Ladies Daughter , might have the advantage of the House to release the matter . L. C. I. Pray Sir , for how much was the pretended Mortgage . Sir Charles Cotterel . For 1500 l. that Sir William Salkhill owed her , which I thought somewhat strange , seeing , as I said , she owed Sir William so much at his Death . At last I came to produce my Writing , ( for she told me I might give Mrs. Duffett a Right to the House . ) Now I had not read over the Writing made to me , but now when I came to look upon it , instead of a Mortgage for securing my Debt , mine was a Deed of Sale from my Lady Salkhill , whereby the House and the Lease from my Lord of Salisbury were sold me for fourscore pound , at which I was a little amazed . My Lady then was pleased to say I was a Cheat , tho' I had no hand in it , nor indeed would have had any thing at all done but upon my Lady Ivy's importunity and my Lady Salkhills , I gave direction only for a Mortgage . L. C. I. What was it that Sutton took out of my Lord of Salisbury's Lease ? Sir Charles Cotterel . He was to take Notes to draw a Mortgage of that Lease by . L. C. I. He got the Notes , tho' for ought I perceive , to draw another Mortgage by . A very Trick , it smells rank of the Knave . Mr. S. Stringer . Pray Sir Charles did you ever pay any Mony by my Ladies Order . Sir Charles Cotterell . I did lend my Lady Ivy 50 l. she being in distress for mony , afterwards it was made up an 100 l. About February 7 ● . it was made up 1250 l. and by agreement among them my Lady Ivy did relinquish that said Mortgage she had thus set on foot , and there was a Deed Tripartite made between me of the first , my Lady Ivy of the second part , and some Trustees for Mrs. Duffett of the third part , whereby the Revertion was given to Mrs. Duffett , and my Lady confirmed it , and gave my Lady Salkhill a Bond of 1000 l. in which Colonel Gravener was bound for her , that she should not trouble my Lady about the House ; yet notwithstanding she did afterwards write to Mr. Duffett , as I have heard , that she would set it on foot again , and she should have half of what she recovered . L. C. I. The Inheritance of the House it seems is in my Lord of Salisbury . Sir Charles Cotterell . Yes , my Lord. Sir William Salkhill had the original Lease from my Lord of Salisbury . L. C. I. What direction did you give Sutton about it ? Sir Charles Cotterell . To make a Mortgage only to secure fourscore pound . L. C. I. And what did he make ? Sir Charles Cotterell . An absolute Deed of Sale. L. C. I. Was there no Proviso in it to be void upon payment of mony ? Sir Charles Cotterell . No nothing but an Actual Sale for so much mony . L. C. I. You say my Lady Ivy afterwards did relinquish her pretended Mortgage , pray had she nothing for it . Sir Charles Cotterel . Nothing that I know of , she joyned in that Deed Tripartite . Mr. Williams . What should dispose her to give Mrs. Duffett 1500 l. if it were really owing her . L. C. I. Is that Mortgage here among your Writings Mr. Attorney ? Lady Ivy. Indeed , my Lord , I would have brought it if they had given the least notice of what they now talk of . Mr. Att. Gen. Sir Charles Cotterell , Do you know that my Lady Ivy forged that Deed ? Sir Charles Cotterell . Not I , but it did appear to me to be no-true Deed upon what I found and knew . Lady Ivy. You must give an account for what you have said here — L. C. I. Nay , Madam , pray do not be in a passion : he has sworn what he has said here . Lady Ivy. If he doth swear it , he is forsworn . L. C. I. Nay , Madam , you must be more moderate in the Court. Mr. Williams . My Lady thinks she has occasion to be angry , but it may be we shall give her more exercise for her Passion before we have done . Pray swear that Lady , Mrs. Duffett . Will you acquaint my Lord and the Jury what you know has been done by my Lady Ivy , or by her direction , in making and altering of Deeds . Mrs. Duffett . My Lord , I did see Mr. Duffett Forge and Counterfeit several Deeds for my Lady Ivy. L. C. I. Do you hear what she says , Mr. Attorney ? Mr. Att. Gen. Yes , my Lord , we shall give an account of her anon . L. C. I. Truly I hope I mistook her , and did not hear right what she said . Pray Mrs. speak it over again , and consider well what you say . Mrs. Duffett . I say , my Lord , I did see Mr. Duffett Forge and Counterfeit several Deeds for my Lady Ivy. The first thing that I do remember was in the Tryal between her Husband and she Mr. Duffett did by her Order counterfeit a Bond from him to some third Person for 1000 l. and several Letters pretended to be written from Sir Thomas to my Lady Ivy , were counterfeit . The next thing that I remember ; Mr. Duffett was writing upon a Parchment : I asked him what he was writing ? He answered me , he was counterfeiting one Glovers Lease , by which my Lady would get many hundreds of Pounds , and for which he should have 500 l. I desired him to consider what he did , for before that time he had been accounted a very honest man. Some time after that my Lady Ivy did upon a Pique to my Mother , my Lady Salthill , set a-foot a Mortgage she pretended to have of the House in St. Martins lane for 1500 l. from my Father . She did once tell me she had such a Mortgage , as she pretended real , but that it was drowned in a Trunk of Writings coming from Malmesbury . Said I , my Mother and Sir Charles Cotterell will not believe it if you do not let them see it . I am satisfied as to my concern in it , and would not have you proceed in it , for she pretended she did it for my advantage . But afterwards Mr. Duffett and she did agree to make a Writing , in my sight , of a Mortgage . L. C. I. Was my Lady Ivy by when the Writing was made as you say . Mrs. Duffett . She was by , giving him order how to make it , and what Ink he should use to make it look old , and they forced me to make the Ink , and to fetch Saffron to put in it to make it look old . Mr. S. Stringer . Now will be the time to shew my Ladies Letters . L. C. I. Mrs. I would ask you one Question by the way , whether while these things were doing at any time , any body did come in and give you any Interruption ? Mrs. Duffett . My Lord , Mr. Duffett and my Lady made me oftentimes stand at the Door ( for we were but Lodgers ) that no one might come and disturb them , and I never remember any that came in thither but one Mr. Sutton an Attorney , my Lady's Attorney . L. C. I. Did he see any of this done ? Mrs. Duffet . I cannot say he helped to do any thing , for when he came in they sometimes sent me out to see that no Body should come upon them ; and so what he did I cannot say . But he was let in when Mr. Duffett was counterfeiting for my Lady Ivy. L. C. I. When was this , about what time ? Mrs. Duffett . Of the Day , my Lord. L. C. I. No , how long ago is it ? Mrs. Duffett . It might be about 70 , or 71. L. C. I. You are my Lady Salkhills Daughter , I think , and married Duffett . Mrs. Duffett . I did so , my Lord , I am her Daughter . Mr. S. Stringer . Pray what did they do to the Deeds they made to make them look like ancient true Deeds ? Mrs. Duffett . For the making of the Outsides look Old and Dirty , they used to rub them on Windows that were very Dusty , and wear them in their Pockets to crease them , for some weeks together , according as they intended to make use of them . Mr. Att. Gen. My Lord , as it happens we have that Deed she talks of , called Glovers Lease , here . L. C. I. Ay , I suppose you have such a Deed ; it is a Famous Deed in Westminster Hall. Mr. Att. Gen. Here it is , we desire she may look upon it . [ Which she did . ] Mrs. Duffett . As for this Deed , I cannot swear this is the Deed , there have been so many made by them . But he did counterfeit a Deed that he told me was one Glovers Lease . Mr. Williams . Mrs. you were going on to tell how they did use their Deeds they made . Pray tell us how they used to lay them in the Balcony's , and all you know of the Art. L. C. I. Ay , how was it ? Mrs. Duffett . When they had been rubbed upon the Window to make them look Dirty , and they were to pass for Deeds of a great many years standing , it was used to lay them in a Balcony , or any open place for the Rain to come upon them and Wet them , and then the next Sunshine-day they were exposed to the Sun , or a Fire made to dry them hastily , that they might be shrivelled . L. C. I. Is your Husband dead or alive ? Mrs. Duffett . Dead Sir. Mr. Att. Gen. How long has he been dead ? Mrs. Duffet . I was not at his Death with him , he died beyond Sea. L. C. I. Was your Husband alive when Mr. Iohnson's business was ? Mrs. Duffett . Yes , he was . L. C. I. Yes , I know he was in Court , tho' I asked the Question , I remember all that business . Mrs. Duffett . I was subpoena'd in at that time , but my Lady Ivy would not let me swear . L. C. I. Pray Mrs. what had your Husband for his pains ? Mr. Williams . Had he any share of the mony lent by Sir Charles Cotterell ? Mrs. Duffett . My Lady Ivy gave him in my sight 200 l. of Sir Charles Cotterell's mony . Mr. Williams . Do you know any body else that had any of that mony ? Mrs. Duffet . The Attorney had 200 l. of the same mony too . L. C. I. What Attorny do you mean ? Mrs. Duffett . Mr. Sutton . L. C. I. Had he so , how come he to deserve it ? Mr. Dobbins . Pray , Madam , what do you know of counterfeiting any Seals ? Mrs. Duffett . Mr. Duffett once had the Impression of a Seal in his Hand , which he said he was going to one Mr. Dryden to have it counterfeited , but I do not remember what the Seal was . Mr. Williams . When the Deeds were written , how did he use to put the names to them ? Mrs. Duffett . I have seen my Lady her self write some great Letters of the Names first upon other Papers , which Mr Duffett could not so well hit , and he has writ the rest . Mr. Williams . Can you tell the Names ? Mrs. Duffett . Truly I do not remember what Names . Mr. Williams . We have another Witness who will give you an account of some Letters of my Ladies , which we shall desire to be read . Swear Mrs. Elizabeth Rycaut . [ Which was done . ] Mr. Att. Gen. She talks of Glovers Lease — L. C. I. She says she doth not know whether that be the Deed , there were so many forged , Mr. Attorney . But she swears thus , my Husband did forge a Writing he called Glovers Lease . Mrs. Duffett . She had two or three Mortgages forfeited . Mr. Williams . Come Mrs. where had you these Letters ? Mrs. Rycott . I had these Letters from Mr. Duffett . Mr. Williams . Pray where had you these Bottles ? Mrs. Rycott . This is the Ink I saw Mr. Duffett write for my Lady Ivy with , at Mrs. Lee's House at the Table in the Kitchin. L. C. I. Who did he write for ? Mrs. Rycott . For my Lady Ivy , I did not know what they were that were-written , but he said they were forged ; and with Ink out of these Bottles he said he could make new written Writings look like Old ones very soon . Mr. Williams . Did you ever speak with my Lady Ivy ; do you know her Hand ? Mrs. Rycott . I do not know these Letters to be her Hand , but Mr. Duffett gave me them as her Letters . Mr. Williams . Sir Charles Cotterell , pray will you look upon them ; you know my Lady Ivy's Hand . Sir Charles Cotterell . I do so — they are all of a Hand , and I think they are my Ladies ; I believe it truly . Clerk. ( Reads ) This is signed T. I. All the Letters were read . Mr. Williams . Your Lordship sees one of these Letters tells Mr. Duffett she intends to set Sir William Salkills Mortgage on foot , and should have half what she recovered . If it were a true Mortgage , why should she give him half ? L. C. I. They were very great together , that is plain , they were very Familiar . What were Mr. Duffett's Merits towards my Lady I cannot tell . Will you go on ? it is late . Mr. Williams . This is all we shall offer at present , till we have Occasion further from them . L. C. I. Well , what say you to this , Mr. Attorney ? Mr. Att. Gen. If they have done — L. C. I. They have they say . Mr. Att. Gen. Then may it please your Lordship , and you , Gentlemen of the Jury , I shall begin to answer their Evidence about the First . They have produced some Argumentative Evidence out of many Records to convict our Deeds of Forgery . In truth , if they had not brag'd of this very thing , it had been a shrewd Objection , because we could not have been prepared to have given an answer to what we could not have foreseen , we should have been accused of . But upon their Boasts they have put us upon the search as well as they , and we can give as good an Account of it . They tell you they had their Hint from my Lord Coke , but that hint has lead them into a great Error , for he is mistaken himself in the Computation of this Time , as he is in a great many other things . Mr. Bradbury . I know he is mistaken , but I depend not upon his Remarks of that time . I said only I had the general Hint about detecting Forgeries from thence . Mr. Att. Gen. But yet for all your Confidence of the Demonstration , your Foundation fails : For , My Lord , to settle the Fact , we shall shew that the King of Spain , Charles V , who was likewise Emperor , resigned his Crown the 25th of October , in the 2d and 3d Years of Philip and Mary . It is true , the Parliament Rolls , in the Title of them relating to the first Day of the Session , there the Style that was used at first , could not be altered . But the Fact of their being the King and Queen of Spain , was so notorious to all the World , that we shall shew you in Multitudes of the Rolls of that Year the Style was in our Deeds ; so that the Use might be various , but that will not prove our Deeds forged . It may be the Courts of Law might not take notice of it , as to alter the Style till Trinity Term , though we have not searched so far among them , but the common Conveyances which are upon Record in the Rolls , there it is altered . And as to the time of their becoming King and Queen of Spain , we have an History that tells you the very Day when the King resigned , which was the 25th of October . L. C. I. I tell you , Gentlemen , methinks Mr. Attorney has been very fortunate to Day in giving very satisfactory Answers to two Objections : First , they would quite destroy Mr. Neale's Title to this Land , by a piece of Evidence that they had never had but that Mr. Neale had bragged of it , and that was the Survey which with much Confidence of the Victory was produced , and yet , when it was so to me , it seemed the stabbingest Enemy the Defendants cause had , but that you are to have with you , and must Judge upon it . Now he tells you again , Mr. Neale has been a Blab of his Tongue , and could not keep the Secret to himself , but must brag that the Deeds were forged , for the Style of the Queen's Reign is changed ; and by this bragging they have smoked the Business , and can shew Records for it . But now instead of Records , the Upshot is a little lousy History : Can that be an answer to those great Numbers of Records brought by the other side ? Is a printed History , written by I know not who , an Evidence in a Court of Law ? Mr. Att. Gen. My Lord , besides that , which we must submit to your Judgment , whether upon such a point of Fact in a foreign Country to be done such a Day , a Foreigners History not printed for this purpose , shall be a sort of Evidence , but I say , besides that , here is a Gentleman , Mr. Clerk , that searched the Roll , and he will tell you what they are in this point . Mr. Clark. I did search in the Rolls , and find many in that Year like these . And my Lord Coke is utterly mistaken , he says it was not altered till the 4th and 5th Years of Phil. and Mary . L. C. I. I care not what my Lord Coke says , but what the Records say , let us see them . Mr. Clerk. I saw a great many in that Year . L. C. I. Lord , Gentlemen , what do you make of us , to keep us here with I do not know what : Mr. Attorney he tells us that Mr. Neale was so great a Block-head to brag of this , and so we were prepared for an Answer ; but all the Answer is , my Lord Coke is mistaken , and there are many Records , but we have none of them , Praemoniti , Praemuniti . If he did brag so , and you knew it , and would not bring Records to wipe off the Objection , it is ten times worse than if it had been answered only with the unexpectedness of it . Mr. Bradbury . My Lord , I dare affirm that there are none of the Rolls of that Year so , till after Easter-Term — L. C. I. Lord , Sir , you must be cackling too ; we told you , your Objection was very ingenious , but that must not make you troublesom , you cannot lay an Egg , but you must be cackling over it . The Objection is now upon them , let them answer it if they can . Have you any of the Records here ? Mr. Sol. Gen. We have not , it seems , my Lord. L. C. I. Then this must pass unanswered , and must be left to the Jury . Mr. Sol. Gen. But , my Lord , they have gone a little farther in this Case , and indeed farther than becomes them I think , to lay Aspersions upon my Lady Ivy , as if she were frequently guilty of Forgery . And for that Sir Charles Cotterel swears that she did pretend she had a mortgage of a House in St. Martins-lane for 1500 l. and this Mortgage he says he was told of by some that did see it , whereupon he did likewise desire to see it , and without seeing of it , he declared he would never be satisfied of the Reality of the thing , and thereupon Mr. Serjeant West brought it him , and he saw it , but was not permitted to see the Witnesses Names , and thereupon he was more dissatisfied than before about it . But if Sir Charles Cotterel had given any the least Intimation of such a thing , now we would have gratified them with a sight of it in Court , where he should have had his full view , for my Lady has it still , and it is a true Mortgage , and for a real Consideration . But he says this is released , and she did that as is supposed to suppress any Inquiry after it . But with Reverence to Sir Charles Cotterell , the Fact is otherwise . My Lady Salthill pretended to a Debt from my Lady Ivy for Nine Years Diet for Four Persons , and the Reckoning being made according to my Lady Ivy's Quality , was made so high , that it paid off the Mortgage : But he has the Deed still — L. C. I. But what say you to the Deed of Sale , and my Friend Sutton's Notes out of the Lease ; and the Debt of 96 l. and 4 l. but a little before acknowledged by my Lady Ivy — Mr. Sol. Gen. My Lord , in answer to that we say , he has been pleased to give it a great deal of Garniture , and as he is Master of the Ceremonies to adorn the Story with abundance of Flourishes of his own Kindness and Interests — L. C. I. Mr. Solicitor , you are not to judge of that whether it be Flourish only or Substance , the Court and the Jury are the Judges of that , and truly I think it very material to the Cause . I assure you I do let the Dirt be taken off as it can , it sticks very much , I must speak my mind . Mr. Sol. Gen. When I am over-ruled I acquiesce in the Judgment of the Court. L. C. I. Pray , Sir , apply your self to answer the Evidence . Mr. Sol. Gen. So I do , my Lord , as well as I can . The next Witness is this Gentlewoman , Mrs. Duffet ; she swears that she saw her Husband , Mr. Duffett , counterfeit many Deeds , she does not particularize them : And here have been likewise several Letters read , that did import a Transaction and Correspondence between my Lady Ivy and him . L. C. I. Pray , Mr. Sollicitor , remember she swears she saw that Lease of Salthills , and that called Glover's Lease . Mr. Sol. Gen. My Lord , this Witness that swears this , is not only a Person unfit to be believed ; but is contradicted by a Record , and for that , my Lord , it stands thus : Mr. Iohnson as is well known , had his Tryal for the matter about which she now swears : For Mr. Iohnson on the behalf of Alderman Ireton , undertook to pay 500 l. to Mr. Duffett , to procure somebody to swear that the Deed called Glover's Lease to be forged . Upon this there was an Information exhibited in this Court against Mr. Iohnson , for Subornation ; and upon full Evidence Iohnson was Convicted for his Endeavour . And the Record of that Conviction we have here , and desire to have produced and read . L. C. I. And I tell you , Mr. Solicitor , that is no Evidence in this Case . Mr. Sol. Gen. Why , pray , good my Lord ? Did not they here just now swear her ? L. C. I. But the Information put in by Mr. Attorney Noy , pray remember , was not suffered to be read , because not against any of the Parties , but third Persons . Mr. Sol. Gen. But pray , my Lord , give me leave to apply it to the Objection here made in our Case to the Credit of our Deeds . They say it is suspicious , because my Lady Ivy used to forge Deeds , and particularly Duffett they say , did once forge for her Glover's Lease . Now to answer that , we come to shew that my Lady Ivy did not forge Glover's Lease , but there was indeed an Art used to persuade Duffett to swear it forged , when indeed it was not , for which Trick , Iohnson , that was the Agent or Instrument , was convicted , and that Conviction is , I think , a good Evidence that it was not forged . L. C. I. None in the World , Mr. Sollicitor , and that from the very Evidence that has been given in this Cause this Day : For it is plain , if you will believe this Woman ( and I yet see no cause to the contrary ) that she was coming into the Court to have sworn the Truth , which would have perhaps cleared Iohnson , but my Lady Ivy would needs keep her away . Now if Duffett were so great a Rogue as to forge , he would not stick to swear to protect that Forgery ; and then how easy a thing was it , had Iohnson been the greatest Saint in the World , to have got him convicted upon what Duffett came to swear against him , though had she come then in , Duffett would have appeared one not at all fit to be credited . Mr. Sol. Gen. My Lord , I have then one thing more to offer , I cannot tell indeed whether it be material , for it seems I have been so unhappy as to offer some things that have not been though material — L. C. I. You have so indeed , Mr. Solicitor , I must speak the Truth , there have been several things offered as Evidence , which in another cause and Place would not I am sure have been offered . Mr. Sol. Gen. My Lord , I submit what I offer for my Client to the Judgment of the Court. But that which I would say now is this : We have here the Husband's Oath concerning this matter , that this Woman who now takes upon her to swear these Forgeries and things , told him she could have 500 l. if she would swear against my Lady Ivy. L. C. I. Is that Evidence against the Wife ? Mr. Sollicitor . He is now dead it seems , but here is his Oath . L. C. I. Pray consider with your self , could the Husband have been a Witness against the Wife about what she told him upon an Information for that Offence of Subornation . Mr. Sol. Gen. No , my Lord , I think not . L. C. I. Could the Wife be an Evidence against the Husband for the Forgery ? Mr. Sol. Gen. No , my Lord , she could not ; and yet she swears it upon him here . L. C. I. That is not against him , Man , he is out of the Case , but against my Lady Ivy ; and how can the Oath of the Husband be Evidence here . Mr. Att. Gen. Cryer , call Mr. Gibson to give an account of this Gentlewoman . Mr. Sol. Gen. Suppose my Lord , that both Husband and Wife were brought as Evidence against my Lady Ivy , were that good ? L. C. I. Certainly that were very good . Mr. Sol. Gen. Why then my Lord , one of them says , that she saw such and such things done by Lady Ivy , and by him for her ; and the other says , such things were not done , but she confessed she could have 500 l. to swear they were done : Shall not this Evidence be admitted to contradict the other ? L. C. I. Why , good Lord , Gentlemen , is the Philosophy of this so witty , that it need be so confidently urged ? is it good Logick , that because they both were good Witnesses against my Lady Ivy , therefore either of them is a good Witness against the other ? Shall the Husband's Oath be read against the Wife to fix a Crime upon her ? Sure you do not intend this should pass for Argument , but to spend time . Cryer . Here is Gibson now , Sir. Mr. Att. Gen. Swear him . [ Which was done . ] Mr. Sol. Gen. We are not , now my Lord , examining what Duffett swore about Forgery or not Forgery ; but is not this Confession of hers an Argument against the Credit of her Testimony , who now says she saw my Lady Ivy do so and so , when she has confessed she could have Money to swear against my Lady Ivy. L. C. I. But , Mr. Sollicitor , if you will not apprehend the Question I cannot help it : is it not the Husband that swears against the Wife ? Mr. Att. Gen. Do you know that Gentlewoman there , Gibson ? Gibson . I have heard of her . L. C. I. Nay , be not angry , Mr. Solicitor , for if you be we cannot help that neither . The Law is the Law for you as well as me . Mr. Sol. Gen. My Lord , I must take the Rule from you now . L. G. I. And so you shall , Sir , from the Court , as long as I sit here ; and so shall every body else , by the Grace of God. I assure you I care not whether it please or displease : we must not have our time taken up with impertinent things , for I must say there have been as many offered in this Cause to day , as ever were in any Cause that ever I heard , and if all be not as some will have it , then they must be in Passion presently . The Court gives all due Respects , and expects them . Mr. Att. Gen. Have you any acquaintance with that Woman ? Gibson . I have seen her a great while ago . Mr. Att. Gen. What do you know of her ? what Reputation is she of ? Gibson . I know nothing of her Reputation ; I know she was Mr. Duffett's Wife . L. C. I. And so do we , she tells us so : What then ? Gibson . I have seen her abed with Mr. Frogmorton , and she told me she had then a Frog in her Belly . Mr. Williams . It seems then by having this Gentleman so ready , they were aware of this too : I suppose Mr. Neale brag'd of this too , or else the guilty Conscience put them upon preparing for it . But yet I think they do us no great harm by it . Mr. Att. Gen. You will give our Evidence an Answer I suppose by and by : But we will go on to the rest of yours . As to the Bill and Answer in the Year 1629. In that of Iohn Stepkins , it is said , he makes the Bounds Eastward to be Foxes-lane : But it is plain , he that gives in that Answer was not acquainted with the Transactions of the Estate before his own time . And if you consider the time of that Answer , there was near Fourscore Years then past since the Lease made , and so long it had been out of the Family rendering a Pepper-corn Rent , and so the profitable Interest was only the Four Acres surrendered to him by the Tenant , before the Licence to Alien . And it appears not that he had any Notice of the Reversion . But I observe in the Answer there is one Passage remarkable : That there was a way time out of Mind that did part his Land and that which was reputed the Dean and Chapters Land. Now that doth not tie it up to make Foxes-lane that same way ; but only says generally there was an old way which must be understood of the way down from Cock-hill to Bell-wharf : So that I take it that is no conclusion upon us . Nor upon the same Ground is that Lease made 13 Iacobi by Iohn Stepkins , where he abutts his Land upon that Wall which is called Wall-marsh-wall , and covenants to have the Rent increased , if any thing beyond that be recovered . For there was near Threescore Years to come then of this Lease , and he had no pretence of Title to contest it at that time , and so the Verdicts are all answered that way , the Lease expired not till the Year 1680. Mr. Sol. Gen. Then , my Lord , for the Survey that they produce of the late times by Order of the Committee of Parliament for Sale of Church-lands ; how that should give a Title , I do not understand . It is the first time I ever heard of a Particular of Dean and Chapters Lands to be an Evidence , when at that time there was no Dean and Chapter . But that which is a clear Answer to it is this ; Winterburn , who had the Lease from the Church did also claim under Marcellus Hall , who had a Lease for Ninety Years : That in time expired in the Year 1640. That Interest being then determined he gets these put into the Survey ( which it was his interest to do ) as the Inheritance of the Church , which would gain him a Fee Simple upon his Purchase , he concealing the long Lease , and they being so long in Possession , whereas otherwise he could only have an Estate for Years : and it appears all the Deeds were in his Custody at that time ; For the other Witnesses that speak to the Wall that we must leave to the Juries Consideration upon the Ballance of the Evidence : For , with Submission , my Lord , taking the Evidence as it stands together , if that Lease of Marcellus Hall be a good Lease , these several Conveyances we produce are supported and do explain that : He surrenders four Acres , which are the Lands that are afterwards conveyed to Fox , which is mentioned in the deed of his Surrender to be the Green Hilly Bank , and that was the Boundary of the four Acres , but what becomes of the other seven Acres and an half , they have given no account of it hitherto . But surely , my Lord , upon that first Survey , I take it , there is a strong Evidence concurring with our Assertion , for that saith , the South Boundary of the Dean's Lynches is Wall Marsh , now then , if there be seven Acres to go forward from thence , that just reacheth up to Cock-hill . And all the other Bounds plainly concur with ours ; and upon the perusal of the Survey which it is consented to on both sides , the Jury shall have with them , I believe they will be satisfied our Bounds and that agree . Upon the whole Evidence I submit it for the Defendant . We have done , my Lord. Mr. Att. Gen. Only I would ask Mr. Sutton a Question ; whether the Bill and Answer now given in Evidence , were not given in in Evidence at the last Tryal . Sutton . Yes , it was . Mr. Att. Gen. And yet the Verdict went for us then , as I hope it will now . L. C. I. Have you all done , Gentlemen ? Will you say any thing for the Plaintiff ? Mr. Williams . No my Lord , we leave it to your Lordship and the Jury . L. C. I. Then Gentlemen of the Jury , This Evidence has been very long ; I think the Tryal has held us as long as any Cause that ever happened in Westminster-Hall of this Nature ; I mean , except one , this many Years . I think we met with but one in all our Books , that held near so long : That indeed was rather something longer , the famous Cause of Colt in this Court , but besides that , I never heard of a Cause of this length before . But , Gentlemen , it is a Cause of Value , and a Cause of great Weight and Consideration ; it hath depended in the Evidence of it upon abundance of Circumstances , so that it may be impossible for me to remember all the Evidence that has been given . But as neat as I can I will give you what Assistance I am able , in recollecting what has been said on both sides . Some of you I have observed have taken Notes , and that will save me and you some trouble ; I will give you a Scheme fairly of that which is the Question . And it will be very much more ease to you , because you have had a View of the Matter , than can be thought I can make it by any Direction of mine . The Question in short is , Whether seven Acres and an half of Land , now built upon to a very great value , as the Witnesses say 2000 l. a year , lying on the East-side of the Lane that is called by the name of Fox's Lane , betwixt that and the Mill , called Ratcliff Mill , be part of the Marsh that formerly belonged to the Family of the Stepkins's ; or whether or no that be not part of the Dean and Chapter of Pauls Inheritance . If it belong to the Dean and Chapter of Pauls , then the Issue is with the Lessor of the Plaintiff ; but if it be the Inheritance of the Stepkins's , and part of the Marsh-land , and was so according to the ancient boundaries , then the Issue is with the Defendant . The Plaintiff comes and shews for his Title . First , That this was all along enjoyed under the Church of Pauls Leases . Knowles who formerly did receive the Rents of the very thing in Question till ( 77 ) before this Question , says , in his Testimony , he received them in the Right , and on the behalf of Mr. Neal , who claims by Lease from the Dean of St. Pauls . That is not sufficient to maintain his Title , but they come and shew the Original , and in point of time 5 H. 8. they say that one Dean Collett made a Lease of the Lands in Question for 45 years . And to prove this , a Book is produced to you , wherein there is a short Entry made which takes no notice at all of any thing more , but that there was such a Lease of a Mill in Shadwell with the appurtenances . But upon their producing that Writing , it is found to be a Paper Writing , and there was an Objection , and a material one , made upon the Face of the Thing it self . For there were two places that seemed to be suspicious as made directly to humour an Evidence of such a Lease in 5 H. 8. having Dr. Collett's name inserted , who hapned to be Dean of Pauls at that time : Whereas Nowell was originally the Name that was set there , with the same hand that the other part of the Writing was . Thereupon it came to be enquired into , how it came to pass that Nowels Name was struck out and Collets put in . That seemed to insinuate , as if this was contrived on purpose to shoar up an Evidence , and humour the time . For it could not be imagined , that Nowell should come to be Dean when that Lease was made , who was not Dean till so long after , in Queen Elizabeths time as I take it . Now had this Objection met with this Book alone , it would have made the Evidence Lame , and they would have been thought to have set an ill Leg forwards . But to take off that , they come after and shew a Parchment Scrole , which takes notice likewise of such a Lease : And their Officer Spencer says he had seen that Scrole many years , and so it could not be a new thing for this purpose . It is an old Rental , or some such thing , in time in some short time after , where is mention made of a Lease by Dean Collett , 5 H. 8. for 45 Years , which humours the time exactly , and supports the Credit of the other Evidence . This is that they give as an Answer to that Objection . It might be a mistake as to the Name , but this will shew that it was not a contrived matter for this purpose . The next Peice of Evidence they go to is 5 Ed. 6. and for that time they come and produce Leases , those that are at least in Law evidences of Leases , and those are the Church Books , Ancient Books that have been always read and allowed for Evidence . And thereby they shew that one Dr. May , then Dean of St. Pauls , viz. 23 Feb. 5 Ed. 6. did let the Lands in Question to Ioan Hall and Marcellus Hall , and he let it as the Dean and Chapter of Paul's Lands for 45 years at the Rent of 10 l. a year . Then they tell you in the 2d and 3d of Phil. and Mar. 10 December , one Deane Fecknam takes notice of the former Leases , and lets it to Marcellus Hall ; and that is for 90 years , wherein there is the Old Rent taken notice of , and some Increase made : And there is in that Lease a Covenant to repair the Mill , and that has given a Rise to something that makes part of the present Question , which they that are for the Defendant call a License to remove the Mill. You Gentlemen will have the Deeds with you , and are to judge of them . The Leases from 5 H. 8. to this Dean Fecknam , are only Leases made for years , and by reason of these Leases for Years , and the long Lease which they pretend to , the Defendants Counsel insist upon it , that they could not be let in to controvert the Plaintiffs Title , for the last Lease for 128 years from Stepkins to Hall , expired in time but in the Year 1680. Now say the Plaintiffs Counsel ( and they produce that which is very material in the Case ) 5 Aug. 1636. This was then let to one Mary More , the Relict of one Adrian More , formerly the Assignee of the Lease that came from Dean Fecknam to Marcellus Hall. And there instead of continuing it a Lease for Years , he lets to Mary Moor , in consideration of the former Leases , and turns it into an Estate for three Lives . So far then was the Dean of Pauls from apprehending himself to be but Lessee for Years , that he takes upon him to create Freeholds , which only he that has the Inheritance can do . They go on further , and tell you , That in 1640. the same Dean of St. Pauls , she having sold her Interest to one Whitwick and Winterburn , there is a new Estate made to them for three Lives . These continue in Possession under that Lease , till Mr. Neal purchased in their Interest ; and his Grace of Canterbury , then Dean Sandcroft , he made another Lease to the said Mr. Neal for three Lives , and there is a great Increase of Rent , 80 l. during the Life of one of the former Surviving Lives , and then to 100 l. Then comes the Lease made to the now Lessors of the Plaintiff by this Reverend Divine that is here , now Dr. Stillingfleet , the present Dean of St. Pauls at yearly 240 l. And this is the substance of the Evidence first given by the Plaintiff : For his Title which is underneath that last Lease of Dean Stillingfleet , which they say is a good Title ; and in case it doth appear that the Lands are the Inheritance of the Dean of Pauls , ' it is not controverted by the Defendants , but that the Plaintiff must have a Verdict for him . But say they which are for the Defendants , this is not their Inheritance , but the Defendants ; and to prove their Objection , they produce abundance of Deeds , of which , as well as I can , I will give you a punctual and particular account . For with all the faith and fidelity I can , I will give you the Substance of what has been said on both sides . First , It is not to be doubted , for it is beyond all Contradiction plain , there were 130 Acres of Marsh-land , Lands covered with Water , which one Vander-Delf , a Dutchman , undertook to Drain , and had an Act of Parliament made Anno 27 H. 8. to encourage him for his endeavours to drain it , giving him the one half . That Act of Parliament is produced , and it is there said to be 130 Acres . Now you are to take notice of the boundaries of this Marsh-land , as making the state of this Question . The Act of Parliament bounds the Marsh upon the Hermitage , or such a Mill , called Grash-Mill , upon the West . It is bounded on the High-way , leading to Ratcliff , on the North , which is called Ratcliff High-way to this day ; it is bounded to the River of Thames on the South , and it is bounded upon the Town of Ratcliff towards the East . Afterwards in H. 8 ths time comes in Richard Hill , who was owner of some part of this Marsh ( Vander-Delfs moiety ) and he in time 32 H. 8. became indebted to one Salvago and another , and there he comes and acknowledges a Statute to them for their Debt . And because I would have you have all things before your view that were done at one time ) in the same Year there is a Mortgage made of the Lands of Richard Hill ( among which they for the Defendant apprehend are comprized the Lands in Question ( as Marsh-land ) to Salvago for the payment of their mony : ) and in that Mortgage the same words are made use of for the boundaries , as are in the Draining Act. This to derive their Title , they produce to shew , that there was such an Ownership , and such a Mortgage . Then they tell you that 37 H. 8. the same Richard Hill , he goes and divides some part of these Lands , that is to say Eleaven Acres and a half , and that he conveys away by Lease for 34 years to Marcellus Hall , whom I name the more particularly , because it is a Name that has been much canvassed , and gives a Countenance to the Title on both sides . Now in that Deed whereby this is thus conveyed to Marcellus Hall , there is no notice taken particularly of the Eastern boundary to be the Mill , or the Mill-bank , or the Hilly-bank . Now say they , the Mill was just upon the Point , hard by that place that is called now by the name of Cockhill , and so that Boundary doth take in the thing in Question , the seven Acres and an half , because that Deed takes notice of the Mill Hilly-bank or Way . In the next place they offer you this for Evidence , that in 6 Ed. 6. the same Richard Hill for 130 l. sells his Land to Thomas Stepkins . And when it comes to convey the Inheritance to him , it is laid to be under the same boundaries , as are mentioned there bounded on the Hilly-bank or Mill-bank Eastward . Now , say they , that sheweth plainly , that still the Mill was the thing that was intended to the Boundary ; and there being seven Acres and an half of Land between the Mill and the Western bounds , those seven Acres cannot be construed to extend to a Mill with the Appurtenances , but rather it is to bound upon the Mill and include the Lands , then to have the Lands go with the Mill. They proceed further and say , that Tomas Stepkins the same Year did for 50 l. let this to Marcellus Hall , for 128 years at a Pepper-corn Rent , which Lease expired but in 1680. and till now we could not come to litigate that Matter , because he had made such a Lease . But then I am to take notice by the Way , and so must you into the Bargain ; there is another boundary made there , abutting on the Well there , called Shadwell , and the way leading from Shadwell to the Lynches . After this they come to tell you further , that Marcellus Hall 22 December , 2 and 3. Phil. and Mar. let a Lease to Carter , and that was for 20 Years . Now you are to take notice that in this Lease of Carters , there is notice taken of a Mill , and about an Acre of Land thereto belonging , very carefully put in . And that say , they sheweth that your Boundary could not extend to so much as seven Acres . And to back that Evidence , they shew you a certain Survey , taken in Queen Elizabeth's time , concerning the Mannor of Stepney , which you are by consent to have with you , and you will do well to consider it well in your Perusal of it . And now comes the main Deed. Say the Defendants Counsel , it falls out that you are but Lessee under Marcellus Hall , who was Lessee under us , and was obliged in a particular Covenant , that he should not let any part of this Land without the License of our Ancestor Stepkins , who made him such a long Lease . But it hapned he had a mind to let some part of this Land to the Dean of Pauls , from whom he had a Lease of the Mill. And accordingly he had a License from Stepkins so to do , which , say they , is the reason why they come to lay claim to our Land. This they take notice to be in time , 16 Nov. 2 and 3 Phil. and Mar. When I must tell you by the Way , that the first Lease pretended by them to be made to Marcellus Hall , is the long one , 6 Ed. 6. by Thomas Stepkins ; so that Marcellus Hall came to be Lessee under the Dean and Chapter , before he had any Authority or Interest from Stepkins , nay before he had any Lease from Hill. Mr. Att. Gen. My Lord , if your Lordship pleases to remember , Marcellus Hall did take first by Lease from Richard Hill in 37 H. 8. L. C. I. Pardon me , Mr. Attorney , I did not Misrepeat it ; I say he first had a Lease from the Dean and Chapter . M. Att. Gen. That was of the Mill only — L. C. I. That is contented , and the very gist of the Question , Mr. Attorney , how much is comprehended in that Lease ? But to go on with the Defendants Evidence . Then in Novemb. 2 and 3 Phil. and Mar. is the Deed to Roper , of which I shall have occasion to say more anon . In 5 and 6 Phil. and Mar. comes Iasper Hill , the Son of Richard Hill ( the first Owner of the Land , and that entred into the Statute to Salvago , ) he makes a Conveyance to Macheline Stepkin , Thomas's his Widow and Iohn Stepkin his Heir , Mother and Son ; upon which afterwards there is a Surrender made by Marcellus Hall to Iohn Stepkins , Son and Heir of Thomas , of four Acres , which , say they , was not assigned with the other seven to the Dean of Pauls . Then in 3 Elizabeth , pursuant to the Conveyance made by Iasper Hill to the Stepkins's , there is a Fine and Recovery suffer'd , and 4 Elizabeth , a Deed to lead the Uses of that Fine which are to Iohn Stepkin , and his Mother , and the Heirs of Iohn . But still in all these Deeds and Conveyances , there is mention made of the Mill , Mill-bank , or Hilly-bank , or Hilly-way , to be the boundaries , and likewise of Shadwell . After that they produce a Bond , wherein Spinola is bound to Stepkins , to take off the Statute entred into the 32 H. 8. by Richard Hall. Then 14 Elizabeth , they produce a Commission of Sewers , where notice is taken of the several Landholders of Wapping-Marsh , who were liable to make satisfaction for any want of Repairs or defects in the Marsh. There Roper is taken notice of as a Tenant , and one Iames and Stepkins too : and they do infer from hence , that Iames and Ropers Land is part of this , and was under Stepkins , and is enjoyed to this day under the Title of the Stepkins's . They go on further , and tell you , that 15 Elizabeth , Stepkins became indebted to the Crown by taking a Tellers Debt upon him , and had a mind to secure the Debt , and therefore conveys his Land to the then Treasurer , Attorney General and Soliciter General , to secure a great Sum of Mony , and this Land they would have to pass among the Rest. Afterwards , 17 Elizabeth , the Commissioners sit again , and there is a Return made of all those that were Landholders , the same named before . Then 7 Iacobi , was there a Re-grant out of the Crown , made to Sepkins of all his Land. Wherein generally speaking the Bounds of the Land belonging to Stepkins , are called the Mill-bank , &c. This must , say they , of necessity take in the Lands in Question , otherwise it is impossible that should be the Boundary . And they make use of this further Argument ; say they , We have taken a Survey of all the Lands , those in Question and the other Marsh-lands , from Hermitage-dock , alias St. Katherines , even to this Mill ; and it doth just humour the Number of Acres in the Act for draining Wapping-marsh , that is to say , it makes just 130 Acres . All which they say plainly belongs to the Stepkins's . Thy then come to examine their Living Witnesses , and they have produced them in this Order as I name them . Their Witnesses have been as they are in my Paper . One Hughs , and Somerley , and Holmes , and Barefoot , and Cope , and Holwell . And the substance of what they say is this : The Old Woman Barefoot says , she has known the place in Question this threescore and odd Years ; she remembers well the Scituation of it , and that the Water drove another Mill first , and did not come near to Foxes-lane by a Quarter of a Mile , but run more to the North. And this Land , she says , was always reckoned to be Stepkins's , and she never knew any one have any thing to do there but they . And in as much as there was some discourse concerning a Well , she says she doth remember there was a Well between Foxes-lane and the Mill , and that was half a Mile off Foxes-lane , and was always called Shadwell . She remembers it so well , that if there were as many Wells as there are Pains in the Glass Window before you , that was the right Well , and there was no other , Well called Shadwell , but that . Then Hughs tells you , he remembred the Land before it was built upon , that at Common Ordinary Tides , the Water used to come up to Foxes-lane , and at High-tides over it ; but the Land has been raised much higher since that . Then Cope , he gives an account of his knowing it above threescore Years ago , and he in general says , he did not know how far Westward the Water went that drove the Mill ; but Foxes-lane , he says , was the way from North to South , westward of the Mill , and he knew not any way Eastward of the Mill but Foxes-lane , for Cockhill is Eastward of the Mill. And much like to this was the Testimony of the other Witnesses ; which being done , they concluded with the Evidence of the Surveyor Holwell , about the admeasurement . And this , as I remember or can collect , is the Substance of the Defendants Evidence before the Plaintiffs Reply . And then as to that which was offered by the Defendants , as Evidence of the Boundaries , the Plaintiffs give this Answer ; and it is that which will be the Pinching Question in this Cause to all Eternity ; whether or no , Mill-bank , or Mill-hill , or the Hilly-way , or whatsoever else it is called in their Old Deeds , be not that which is now called Foxes-lane . Say they , First , by your own Evidence , that same Ancient Survey that you produced , and which , by Consent , you Gentlemen of the Jury are to have with you ; there is notice taken of 130 Acres that belongs to the Marsh , there is notice taken of Lynches , as belonging to the Dean and Chapter of Pauls . But then in the last Paragraph of the Back-side of the Leaf ( so we call the second side , for distinction sake ) you will find this taken notice of ; Which said Marsh doth bound on the Lands hereafter mentioned on the East . And what are the Lands thereafter mentioned . These you will find , Item . holden by the Dean and Chapter of Pauls , one Messuage called Derrick hills , another Tenement called so and so , and several Orchards , Gardens and Ponds , &c. and a Water-mill thereunto belonging . So that there was on the East-part of the Marsh-Land , Orchards , Gardens , a Messuage , a Tenement , Waters , Ponds , Fishings , and a Mill , and several other things . Now if in case the Eastern Boundaries of the Marsh came up to the Mill you speak of , how comes it to pass , that you your self in your own Survey , make the Eastern bounds to be upon these Lands , and all these belonging to the Dean and Chapter of Pauls . And when they come to read the Particulars of what belonged to the Dean and Chapter , that Survey bounds to the Dean and Chapters Land upon the Marsh-land . You that have been upon the View may the better understand it ; and you see the Eastern part of the Mill was the Wast-ground , and made a Lane to carry down Ballast , as the Witnesses say . This doth just humour all the Old Boundaries . Nay to shew that this is really so , they say , That in time , in the Year 1615. there was an Action commenced before my Lord Chief Justice Coke , when he fate in this Court , wherein this Controversie arose . Fox , who was as well Tenant to the Dean and Chapter of Pauls , as he was to Stepkins , he comes , and he builds upon that old Wall , called Wall marsh-wall , which begot a Contest betwixt Stepkins who was the Ancestor of my Lady Ivy , and this Fox , and upon that Contest this was the Question , Whether there had been any Incroachment upon the Marsh ? Not but that the Wall was reckoned even by Stepkins , to be the Boundary , though running as Stepkins said , Twenty Foot into the East part of the Marsh ; and there Stepkins was nonsuited . Afterwards it came into the Common-Pleas , and there there was a Verdict whereby it was setled that the whole Wall belonged to the Dean and Chapter of Pauls . But afterwards Mrs. Moor , the Lessee of the Church would not be quiet with this , but exhibits a Bill against Iohn Stepkins , and others , and to settle the Boundaries , because he pretended Incroachments upon his ground . They therefore require him to ascertain the matter upon his Oath . He in his Answer confesseth he had heard of the Verdict before-mentioned , but knew nothing of it himself , but when he comes to set forth the Boundaries , he is so far from taking Notice that the Boundaries take in the Lands in question , that he tells you there was an ancient Bank which was the ordinary Bounds between his Land and the Land of the Church ; and this is a High-way , a common High-way . But it was true as he believed they had incroached , though such a Verdict and Nonsuit were obtained by them . Not that ever he pretended to any thing on the Eastern part of that Passage or Bank ( called Foxes-lane ) but he pretended to Twenty Foot on the Western Part of it as an Encroachment . They say further too , that notwithstanding all this , Iohn Stepkins was not so confident of his Title to even those Twenty Foot on the West part , but that he comes and makes a Bargain with another Man , I will lett you this East part of the Marsh-land , and if I recover any of the Wall you shall pay such a Rent for it ; but if not , you shall hold it as you did before . So jealous he was of his Title , even to that which he thought was incroached upon . And they fix it thus to humour and explain the Particulars mentioned of Orchards , Ponds , Gardens , &c. for here were a great many Sluces and Cutts for the Water to be received in , and so all may well be comprehended under the Name of a Mill with the Appurtenances , and that they say goeth a great way in the Question . You are to consider of it , Gentlemen . Then they further shew , that whereas the other side surmise the Boundary to be Shadwell which they would have to be placed a great way higher , by the place called Cock-hill ; here comes an Old Man that tells you he knew the place Sixty Years ago and above , and there was no other Well called Shadwell , but that which was where now the Church stands , and that is on the West part of Foxes-lane . Now I must tell you upon the Evidence it is pretty strong , because he gives such an account of it that it was bricked over , and a common Well to all People , which must make the thing very notorious ; and he never heard of any other Well called Shadwell . It is true there might be a Spring on the one side of this Ground in Question , and the other , you have heard the Evidence on both sides , I must leave it at large to you . Then to make the thing more plain , they offer to you that this was a Tide-mill , and not as the Defendant pretends an Overshot-mill ; and that is notoriously plain it is so , and it is against Sense it should be otherwise . Here was one that wrought at the Mill , and his Father before him Sixty Years : Nay , it appears that to have Water to drive an Overshot-Mill in that Place must drown the whole Level , because it must be raised so much higher than the Wheel ; and if so , that stands higer than the place , were it raised never so high , of late called Foxes lane . But there were Tides that came within Twenty Foot of it . And you must give me leave to tell you , I understand so much of it , that a Tide-mill is never suffered to have the Water just swim up and back again , but they have Cutts to retain the Water a while that it may go the easier off . And so the great Number and length of the Cutts , and Ponds , and Ditches here , were but only Receptacles , and Basins to receive the Tide , which did not rise ( as they tell you it should not ) above half the Wheel . The Nature of the thing it self speaks against what they would have it to be ; and to strengthen the Argument , they have called Five or Six , or more Witnesses that have known it all along so to be : And yet this I apprehend the other side take to be their most material Point to make it Marsh-ground . But the Council for the Plaintiff say this further to you ; They have a Survey taken in Oliver's Time , which they produced , but were opposed by the Council of the other side , and I must confess I did wonder to hear the Objection , that it was strange this should be surveyed as Dean and Chapters Lands , in a time when there were no Deans and Chapters ; whereas it was surveyed as that which was so , while there were such things as Deans and Chapters , and it was in order to be sold as such . And upon my Word , if the Lands of the Dean and Chapters Inheritance were no bigger than the Defendant would have them there was a good round Summ paid to the State for the Mill only , but alas , you have a Witness that tells you ( there being in the Survey mention of one Craven ) that there was a Craven on the East part of the Ground , that had a large Orchard and Garden , and Ground . And upon this Purchase made by Winterburn , who was Lessee of the Church , the Plaintiffs Council do raise a very considerable Argument that this was the Churches Inheritance : For , say they , Why should Winterburn that a Lease in being which would have continued him to be sure in Possession , and that too before all these Houses were built , ( for they talk all the fine Houses were built since the King came in ) give 9500 l. for the Inheritance under the Title of the Dean and Chapter if he knew ( as he must if he had the long Lease in his Possession ( and so Knowles swears he had ) it was not theirs , and he himself had a Lease for Thirty Years , to come under a trivial Rent of a Pepper Corn. Especially considering that those times sold lumping Penny-worths of other Peoples Lands . But then they come to the last point of Evidence , and that you must very narrowly observe and weigh . Say they because you depend so much upon Carter's Lease which takes notice of such and such Boundaries , and also that of Roper , which you pretend to be made at such a time , these we say are forged . And for it they give this Evidence . The first part is a natural legal Evidence and a proper Evidence in things of this Nature , to detect a Forgery ; an Evidence that we learn out of our Books of Law ; and it is an argumentative one . If you produce Deeds made in such a time , when say you such Titles were used , and such Prefaces made to them in their Preambles , when indeed there were no such Titles used at that time , that sheweth your Deeds are counterfeit , and Forged , and not true Deeds . And there is Digitus Dei , the Finger of God in it , that though the Design be laid deep , and the Contrivance sculk , yet Truth and Justice will appear one time or another ; and though they may put some Gull upon Justice for a while , yet it will in time be discovered to the Confusion and Shame of the Undertakers . Say they , you have taken wonderful Care to have both Deeds carry the same Flourish at the top of each of them , you call Philip and Mary King and Queen of Spain , and both Sicilies , and you put Burgundy in the Ducal Style before Millain , this is the Language of both Deeds , but that sheweth them not to be true Deeds that carrieth Forgery in the very Face of it ; for Philip and Mary never came to write themselves King and Queen of Spain and Sicily till Trinity-Term , in the Second and Third Years of their Reigns ; whereas your Deeds bear Date in November before . Till Trinity-Term Naples was a Kingdom , and they were but Princes of Spain and Sicily . And besides , they used always before that time to put Millain among the Dukedoms first before Burgundy . For Instances and Proofs of this Objection , they shew you the Titles of the Acts of Parliament in that Year , in October , November , and December ; they shew you the Fines levied in Hillary-Term , and Easter-Term , and Trinity-Term ; till which Term the Records of the Kingdom of Fines and Recoveries bore all the old Style , and so do the Conveyances enrolled and not enrolled of that time . And with great Bravery they challenge the Defendants Council to shew any one Conveyance or Record ( except those of your own making ) that is otherwise . And as a further Evidence they say ; we have some Leases entred in our Books , and so not calculated for this purpose , which have no other than the Old Style of the King and Queen . And in truth this is a material Evidence to prove these to be forged Deeds : and it is made the more material by this Circumstance which Mr. Attorney was pleased to mention , and that is the Notice they had from Mr. Neale's bragging of this very Objection to their Deeds , and yet they should not come prepared to give it an Answer . And I must deal plainly with you , that very one thing makes it an Objection of very great Weight and Moment . But still , say they , besides all this Evidence we shall go a step further , and evince the likelihood that these Deeds should be forged , for your Client , the Defendant is apt to forge Deeds . And to prove that we produce this Evidence . First of all , Sir Charles Cotterel gives you an account of a long Story which doth not only reach the Defendant , my Lady Ivy , but it looks very bad upon my Friend Sutton too , who , if Sir Charles Cotterel swears true , is a very Knave . Now Sir Charles Cotterel , though he does not swear he saw her Forge the Mortgage she pretended to from Sir William Salthill , yet he gives a shrewd Evidence to make it untowardly suspicious : For he tells you upon Sir William's Death , my Lady Ivy was so far from pretending to any Debt from Sir William , that upon Accounts stated between my Lady and her , she was indebted to Sir William 96 l. which upon her parting from her Husband , and being under great Want , Sir William had lent her , besides his relieving her otherways : And , says Sir Charles Cotterell , I was present when she took 4 l. more of my Lady Salthill's Money , and then acknowledged her self to owe my Lady 100 l. After this , my Lady Ivy , without the seeking or intreaty of Sir Charles Cotterell , comes to him , and , says she , Does not my Lady Salthill owe you Money ? Yes ; said he , she does fourscore Pound ; but I live in her House , and can soon eat it out in Rent . But , says my Lady Ivy , she has a mind you should have the House made as a Security to you . Good now how comes my Lady Ivy to be so concerned for Sir Charles Cotterell's Security , when he was not concerned for himself : Nay , and why should she be so earnest to have him have a Security upon that House , which if it were true , was Mortgaged before to her self . If her Mortgage were a true one , this Practice carrieth no great Face of Honesty or Vertue in it , I must needs say , I crave leave to make that Observation by the way . Ay , but into the Bargain , when Sir Charles Cotterell yielded to her Importunities , Mr. Sutton is the Man that must be intrusted to draw the Writing , and to that purpose must see my Lord of Salisbury's Lease , who is the Head Landlord . What needed that ? I suppose it was recited in my Lady Ivy's Mortgage before : But he must take Notes out of it , forsooth , to make over the Lease and House as a Security to Sir Charles Cotterell for 80 l. And when it is brought as such , knowing no otherwise , Sir Charles Cotterell takes it , and they two , my Lady Ivy and Sutton are Witnesses to it . What it proved afterwards you hear , an absolute Deed of Sale , and yet all this while , my Lady Ivy ( who as Sir Charles Cotterell understood it , was indebted an 100 l. to Sir William Salthill ) has a Debt of 1500 l. owing from Sir William by Mortgage to her on the same House . Sir. Charles Cotterell . My Lord , I am ready to make it all good . L. C. I. First of all , I say , it was not well done if there were such a Security for 1500 l. to persuade Sir Charles to accept the House as a Security for his Fourscore Pound , without telling him of the Prior Mortgage . Then it is strange she should acknowledge her self indebted 100 l. upon her taking the Four Pounds from my Lady Salthill , if she had so great a Summ owing her . And what a slovenly Answer is that given by the Council for my Lady Ivy , that she and others were called upon for Nine Years Diet ? Whereas Sir Charles Cotterell swears she owned her self upon the Account indebted 100 l. and there was no bartering for Diet ; but that she had gratis for Three Quarters of a Year after Sir William's Death , as she had it several times before . And now , while it is in my Memory , I would remind you of one thing more , before we come to the other Witnesses , there is a thing that to me cramps this Business very home upon my Lady Ivy : How comes it to pass my Lady Ivy should be so wonderful kind to my Lady Salthill's Daughter , as to part with 1500 l. so secured , to have the House setled upon her , without any Consideration in the World that I can hear of ? That is such a melting piece of Kindness , that they would do well to find out some Flame to authorize it . It seems upon Sir Charles Cotterel's desire to see this pretended Mortgage , and its being brought him by my Brother West , who is now dead , she was wonderful careful that he should not see the Witnesses to it , it was so precious and tender a thing : But , alas , it is all melted down and gone of a sudden without any Consideration at all whatsoever , and she can readily join with Sir Charles Cotterell to settle this upon Mrs. Duffett , the Lady Salthill's Daughter , and enter into Bond not to disturb the Enjoyment . Then there comes another Evidence , and that is the Gentlewoman , Mrs. Duffett , who it seems they would have to be a loose sort of Creature , but methinks she has a good round Oath upon her Tongue ; for she does directly swear that she was present , and saw Mr. Duffett her Husband Forge that very Mortgage Sir Charles Cotterell speaks of , that my Lady Ivy directed it , and gave her order to put Saffron in the Ink to make it look old , that she saw him writing in a Parchment , which he told her was Glover's Lease , and other things , and all for my Lady Ivy. Nay , she tells you my Lady Ivy was so extraordinary an Artist at the managing of such an Affair , that this Master-Workman , Duffett , was not so dextrous at it as she ; for he could not write the first great Letters of the Names that were to be put to the Forged Deeds , but she did that her self , and the rest he did . How far she is to be believed , I must leave to you , you hear what is objected against her about the Frog in her Belly , and I do not know what , whither that will take off the Credibility of her Testimony I leave to you . She doth give a very free and large Account how they used to order their Matters to make the Ink look Old ( as I said ) they put Saffron in it ; Then they rub'd the Outsides of the Deeds in Dirty Windows , and after that used to lay them in a Balcony for the Rain to come upon them in the Nights , and to dry them in the Sun , or by the Fire , to shrivel them up . And this she says was their Method and Process they used . All which the Plaintiffs Counsel urge to shew the Probability that these Deeds of theirs are forged . Then they tell you , which is yet somewhat more to strengthen her Evidence , there is a Woman , that tho' she speaks out of Mr. Duffett's Mouth , and that can be no Evidence against my Lady Ivy , yet says , she received from him a Parcel of Letters , which are sworn by Sir Charles Cotterell to be all of my Lady Ivies own Hand-writing , which Letters have been read to you , and they shew a great familiarity between my Lady Ivy and Mr. Duffett , a great Care and Concern for the promotion of this Duffett , the Gentlewomans Husband , and of some Deeds that were likely to be thought New and Suspected : and she tells him at the latter end of one , that she is sollicitous till the trouble be over . But she was resolved to set on foot Sir William Salthill's Mortgage , and if that thing did go well he should have half . That supports the Credibility of the Womans Testimony , but besides that there is another thing that looks very untoward , because Mrs. Duffett doth directly swear that out of the 1000 l. paid my Lady Ivy by Sir Charles Cotterell , 200 l. was paid and given to her Husband , and Mr. Sutton forsooth had 200 l. more : For what service , I wonder , must my Lady Ivy be so liberal to Mr. Sutton and Mr. Duffet ? Let Mr. Sutton shuffle and rouze himself as he pleaseth , it will stick upon him , and I must confess it looks untowardly his getting my Lord of Salisbury's Lease , to pick Notes out of it , and then to have such a Mortgage trumped up in this manner . It is very rank , I assure you . This is the Substance of the Evidence that has been offered by the Plaintiff , to prove and induce you to believe these Deeds forged . Now in Answer to this , they on the other side would offer that Sir Charles Cotterell's Evidence is a surprize upon them ; they say they have such a Writing , and such and such Deeds , Glover's Lease and Salthill's Mortgage , but they are not prepared to give such an Answer as they would have done , had they had notice . Here has been likewise great struggling and striving to have the Verdict read to overthrow Mrs. Duffetts Testimony , but that cannot be allowed to be given in Evidence between these parties . Then they would have read her Husbands Oath , he being Dead : but that is no point of Evidence at all neither ; for in case the Man were alive , it would not be Evidence what he should have heard his own Wife say . If both of them indeed had been here together , and testified against my Lady Ivy , it had been good Evidence , or they both might have testified for her . But by the Law the Husband cannot be a Witness against his Wife , nor a Wife against her Husband , to charge them with any thing Criminal , except only in Cases of High Treason . This is so known a Common Rule , that I thought it could never have born any Question or Debate . This is the Substance of the Evidence on both sides , as near as I can recollect it ; save only that which indeed I should have mentioned before the Defendant have produced an Exemplification of a Verdict obtained the last Michaelmas Term. To which they for the Plaintiff Answer , We were not prepared to answer your Deeds , which were very new , surprizing and unexpected to us : We have now given new Evidence that we never gave then , and it was a Verdict obtained by surprize : We now shew our Boundaries better than we could then , and so that they make to be the result of the whole matter . Now upon the main , after this very long Evidence , tho' the Case has been darkened as much as ever any Case could endeavoured to be , and tho' the Event of it be a matter of considerable Value , yet the Matter of Fact is as clear as the Sun at Noon-day ; and a plain point of Fact it is , and must depend upon . If we do admit all their Deeds to be good Deeds , without any consideration of the Forgery , pro or con ; yet if the Mill-Ponds , Ditches , Orchards , Gardens , &c. can be taken to be seven Acres , then the Boundaries upon the Mill or Hilly-Bank , which may well be Foxes-lane , that will answer both the Deeds of the Plaintiff and of the Defendant . And tho' never so many Houses be built upon it , it will signifie nothing in the Case . And that it is so , whereas the Defendants Surveyor swears , that 130 Acres will not be made up without the Lands in Question ; the Plaintiff has brought two Surveyors , that swear there is full 130 Acres and more without them . So you have two Surveyers on the one side , and one on the other , and you your selves have viewed it . After this long Evidence , Gentlemen , you have had as good an account of the Substance of it , as I can by my Notes and Memory recollect . If any of the Gentlemen that are of the Counsel for the Plaintiff , or for the Defendant , do think I have omitted any thing that is material on either side , they have free liberty to remind the Court of it . you are the Judges of this Fact , whether this Land do of Right belong to the Plaintiff , or to the Defendant : And I leave it to your Consideration . After which the Jury withdrew to consider of their Verdict , and the Court arose . That Evening the Jury gave in a Private Verdict before a Judge , and appearing the next Morning at the Barr , were called over , and demanded if they did abide by the Verdict they had given the Night before , to which they answered , yes ; which being declared by the Secondary to be for the Plaintiff , the Jury were discharged . Then a Motion was made by the Plaintiffs Counsel , that several Deeds produced by the Defendant , that were detected of Forgery , might be lest in Court in order to have them pursued , and convicted of the Forgery . The Court upon debate of the Matter ; and the Plaintiffs Counsel declaring they would prosecute an Information of Forgery , the Deeds of the 13th of November , and the 22th of December , 2 and 3 Phil. and Mar. were ordered to be lest with the Clerk of the Crown till further Order , and in the mean time the Plaintiff to have Copies of them from the Clerk ; and by Rule of Court a Tryal at Barr is ordered in Michaelmas Term. FINIS . The land within and belowe the Red Line , is the Land that was in 1683 Claimed by the Lady Ivy and is the Seaven Acres of Land , in which the Mill Ponds and Ditches did all over dispersed by lie , and into which the Water did every Tyde flow , and then there was kept in by the Thames or Mill Wall on the South and East Corner of it and by Wall-Marsh Wall now foxes Lane , on the West , and went out againe at the Ebb , and so did drive a ( tide ) Mill , To which with its appurtences , which must have been this Land , the Deans of St. Pauls on Record can Shew Title in fee for more then 400 years , and their Tenants all along have enjoyed it , and yet the dispute by the Lady Ivy rais'd twixt the said Dean and her self , has been whether this very ground be parcel of 130 acres drowned Land ( now called Wapping Marsh ) that drained but about 150 years since , in Henry the Eights time or not 1687. Now in Perpetuam Rei Memoriam , ( and for that Cause this is printed ) Note , THE Survey of the Mannour of Stepney , and on Record in that Court , by the Lady Ivy first ( she knowing that it would by the Dean be ) produced , taken in and about the 25th Eliz. with Reference to other Surveys , above 100 years older , sets out and describes by it self , the whole 130 Acres of Marsh , and Butts the same on the Lands of the Dean of St. Paul's , London , held of the Mannour of Stepney , towards the East , and that is on this very Land. The Act for Draining the whole 130 Acres in Henry the Eighth's time , Butts the same East on the Town of Ratcliff , which is also on this very Land ( every part of it ) Eastward of Foxes Lane , having always been reckon'd in Ratcliff , and ever so named in all Leases and Deeds , till Shadwell was by 〈◊〉 of Parliament made a Parish , distinct from the Hamlet of Ratcliff , in or about 1670. And it is to be Noted , That this Land Eastward of Foxes Lane , was also among other Surveyed , and Sold as 〈◊〉 and Chapters Land in the late Times of Rebellion , in or about 1652. and was , and is all of it , ( but just ●here the Ditches and Ponds were ) 8 or 10 foot higher than the Lands Westward of Foxes Lane , which are al●●●ed to be part of Stepkins's Lands in the Marsh. And besides this 130 Acres of Marsh , so set out as in the Survey aforesaid , the said Stepney Survey sets also out for the Dean . Shadwel-Field by estimation 20 Acres , and Bounded as it really is , and 5 Acres of Linches , Bounded just as it 〈◊〉 . And also ( this Land as it follows described ) a Tenement called Derekin , and one Tenement late Pinserus de 〈◊〉 , together with a Water-Mill , divers Tenements , Cottages , Mansion-Houses , Orchards , Gardens , Ponds , 〈◊〉 , and Pitles , all lying together , Butting South on the Thames , and on Wall , ( alias Wapping ) Marsh , in part ( Marked A in the Map ) and on the Linches in part ( Marked B ) and on Ratcliff High-way in part on the North , 〈◊〉 on Wall ( or Wapping ) Marsh on the West , and upon the Lords Waste towards the East , held of the Mannour of Stepney freely , ever since Richard the Second's time , at 33 s. 3 d. ½ per annum quit Rent , and the same is still yearly paid for it . And yet the Claim made by Lady Ivy as aforesaid , would take almost all this whole parcel away , and by that 〈◊〉 the Ground wherein these last mentioned Tenements , Orchards , Gardens , Ponds , &c. belonging to the Dean , 〈◊〉 most certainly lye , and are so exactly described in the aforesaid Survey ; and without which there could be to place there , to hold and keep Water to drive the said Mill : And for the mending that matter , the Lady Ivy's Counsel at the last Trial alledged , it had once been an Overshot-Mill , and so did not want these Ditches and Ponds , to hold and keep Water to drive it withal ; and the better to make that out , some Deeds were then given 〈◊〉 Evidence , with Stile and Titles before them , which were not in use at the time of the date of those Deeds , and so they were not believed , when produced , nor indeed is it sense in any sort to imagine that an Overshot-Mill , ( there being no Water would drive one ) could in Nature have ever been there . And yet Lady Ivy again would pretend to this Land Eastward of Foxes Lane , as parcel of Wapping Marsh , notwithstanding all this , and a Verdict against her at a Trial in 1684. before the Right Honourable George Lord Jeffreyes , Baron of Wemme , the present Lord Chancellour , then Lord Chief Justice of England , and what was 〈◊〉 said then ( and may well be so again ) against her new found Deeds , ( the finder of which , as perjured , has already been Pillory'd for it ) and notwithstanding that her Grandfather Iohn Stepkins Esq 16 Aug. 1615. did ●●mise to one Cayford the three parcels of Marsh , lying next to , and Westward of Foxes Lane ( which is held by 〈◊〉 Lease till this day ) and therein says , that it lies at the East end of Wapping Marsh , next towards Ratcliff , ●●●tting Eastward on the old Wall , which divided the same from the Mill-Ditch ( which lay just East of Foxes L●●e ) . And the Michaelmas-Term following , the said Iohn Stepkins suffered a Non-suit in the King's-Bench , after 〈◊〉 Ejectment by him brought against the Dean's Lessee , for part ( only ) of Wall-Marsh-Wall , which he said was encroched on the Marsh. And In 1617. the said Stepkins Claiming again the same thing , a Verdict on a full Hearing , and after a View , was in the Common Pleas given against him , and allowing the whole Wall to belong to the Dean of St. Paul's . And notwithstanding that her Father , Iohn Stepkins Esq ( in his Answer to a Bill preferr'd against him by the ●●●ches Lessee about 1629. then in quiet possession of Wall-Marsh-Wall , but Claiming some Houses Westward 〈◊〉 Foxes Lane , and therein setting out also the Deans Title in Fee to the Mill , with its Appurtenances in Ratcliff , 〈◊〉 to settle the Boundaries ) on his Oath , had admitted that the Dean of St. Paul's was seized in Fee of the said Water-Mill , with its Appurtenances ( which was this very Land ) and that Wall-Marsh-Wall did anciently lye between the Mill-Ditch and his Land in Wapping , and that the Lands of the Dean and Chapter are divided from 〈◊〉 Land ( and have been so time out of mind ) by a common Way or Passage , and that was Foxes Lane , which 〈◊〉 that the Marsh ( and so Stepkins's Land ) ended there , and that it was the Dean's Land that lay Eastward of Foxes Lane , &c. And also Note , The aforesaid Answer was perused and Signed by Sir Iohn Brampston deceased , Unkle and Trustee to the 〈◊〉 Stepkins , and Executor to his Father , and who had the Custody of the Writings which concerned that E●●●te , and is the pretended Witness to ( the so much talkt off ) Glovers Lease , being the Chief Deed that gives ●olour to the Lady Ivy's Title , to the Batemans and Whichcot's Land , by her gotten in Wapping , and yet never was ●●ard of , till ( wanted in ) 1675. and then luckily found , where Lost , by Lady Ivy herself . FINIS . The Lady Ivy HAving thought fit some short time before Easter-Term , 1687. to cause to be printed and published a Paper , intituled , An Abstract of the Title to the Lands in Wapping - Marsh , and other Places near adjoyning , belonging to the Mannor of Stepney or Stebonheath , called Ewell , alias Tile-house ; thereby making Title in general to more Ground ( great part of it built ) than the City of London stands upon ; but particularly to none of the Lands in question . She affirms , That the 14th of Iune 1573. 15 Eliz. Iohn Stepkins , one of her Ancestors , being indebted to the Queen as Surety for William Patent , in the 19th of Eliz. Stepkins's Lands were Extended , and that therein are exprest most of the Lands mentioned in the Extent of 4. Eliz. taken out against Richard Hill's Lands , upon a Statute entred into by him 32 Hen. 8. being 113 Acres , and particularly all the Lands now in Dispute ; which is confidently affirm'd , but very untrue : for in the Deed from Stepkins , to convey all his Lands to the Queens Trustees , and in the Extent 19 Eliz. and the Lease from the Queen to Alice Stepkins , and the Release from King Iames , 7 Iac. to Iohn Stepkins , all the particulars of Stepkins's Lands are Enumerated , and the Tenants names , whereof there was but a few Acres lying in the Marsh mention'd as convey'd to Trustees for the Queen , and fifty Acres only Extended ( being all they had ) in Wapping-Marsh at that time , but not the least part of the Lands in dispute named , they being all that time ( and long before and ever since ) in other mens possession , under whom Sir Anthony Bateman , and the Trustees for Rebecca Whichcot , purchased . And lest the World should by the said Paper be made to believe that the Lands in question were ( as part of the Land then belonging to Stepkins ) assigned to the use of the Crown , and there remained till 1609 , and so must have been Stepkins's Land at that time . The Creditors of Sir Anthony Bateman have thought fit to print so much of their Title as remains on Record , to Ten Acres of Freehold , and Twelve Acres of Copyhold Land , as have also the Heirs of Rebecca Whichcot , to above Three , and not exceeding Four Acres , all lying in Wapping-Marsh , and desire the Readers to take notice of the Boundaries in the old Deeds by which this Land is described , exactly answered by the Lands in dispute : And that several of the Sales made ( on Record ) of the Freehold , and Surrenders ( also on Record ) of the Copyhold , were made during the time that the Estate of the Stepkinses did remain in the Crown , and so cannot be reasonably thought to have been any part of that Land. The Creditors Title to Ten Acres of Freehold Land. JOhn Nelthorpe , and Elizabeth his Wife , Daughter and sole Heir of Iohn Starkey , conveys by Deed enrolled to Richard Sleford and his Heirs , all those Ten Acres of Marsh-ground , with its Appurtenances , in Wapping-Marsh in the County of Middlesex , between the Lands late of Iasper Hill , and Gravel-Lane , on every part . These Lands lye butting on one side on Gravel-Lane , and on the Copyhold late Hill's on the other , Iasper Hill being the man that last surrendred the same , even to one of the Stepkinses , but the 4th of Eliz. before , as appears by Copy of Court-Roll on Record , 5 Eliz. 1563. A Fine by Nelthorpe and his Wife , pursuant to the Deed. Richard Sleford sells the same Ten Acres to Henry Tailford , but butts it ( as it did at that time ) West on Gravel-Lane , Eastward on Glascock's , and North on Stukeley's Land. The Land late Hill's , was 23 Eliz. surrendred to Glascock , as appears by the Copy ; and that the North Buttal was on Stukeley's Land , appears by the Sale Stukeley made of Land lying North of it , 4 Iacobi enrolled . There are two Gravel-Lanes , one called Old Gravel-Lane , the other New Gravel-Lane ( between which all the Land now in question does lye ) but that Old Gravel-Lane , on which these Lands Abutt West , was the Gravel-Lane meant by these Deeds , is plain ; for that New Gravel-Lane was a Rope-Walk long since the memory of many alive , and sold by Lady Ivy her self , with the Land on each side of it , to Brian Harrison , Trustee for William Wood , by Deed enrolled , Dated the first of Iuly 1658. by the Name of Three Acres , heretofore used for a Rope-ground , and now converted into a Street called New Gravel-Lane . Henry Tailford had a Daughter who was his Heir , and married Iohn Crosse , who so became seized thereof . A Recovery per Crosse and his Wife . Crosse and his Wife levied a Fine to Bennet . Richard Bennet and Lettice his Wife , levy a Fine to Richard Glover . Richard Glover settles by his Will , these Lands , among others , on his Son Richard ; who dying about 1646. left a Son whose Name was also Richard. Richard Glover the Grandson's Conveyance enrolled , to Sir Anthony Bateman and others of the Premisses , among other things , in Trust to pay Debts ; and a Lease of five Acres , part of the Lands in question from Richard Glover , to Aaron Williams for fifty years , from 1630 at 20 l. yearly , recited in the Schedule to it , which Lease Lady Ivy purchased in 1659. for about 2000 l. and so got the possession of it . See her Answer to Sir Robert Cotton's Bill put in , in 1676. Smith , Harrington , Anthony Bateman , and Richard Glover the Grandson , levy a Fine to Tirrill and Harris , Trustees for Bateman . A Deed enrolled , reciting a Deed from the Parties to the aforesaid Fine , to Tirrill and Harris , the 20th of Iune last ; whereby Tirrill and Harris convey the said Lands to Anthony Bateman and his Heirs , who held the possession thereof , and received the Rents till he failed about 1666. and under whom Sir Robert Cotton , as Trustee for the Creditors , claims , and in Easter-Term 1686. after a full Hearing in the King's-Bench , had a Verdict for this , and the Twelve Acres Copyhold Land. Title to the Copyhold Land. EDward Ascugh and his Wife , surrender Twelve Acres in Wall and Wapping-Marsh , to Richard Hill. Copy whereby Iohn Stepkins surrenders the Twelve Acres to Iohn Harding , and recites they had been Alwine's and Gibson's , and that he had them by Grant of the Lord of the Mannor , and Release of Iasper Hill. There is not known to be any but this Twelve Acres Copyhold , in the whole Marsh. Iohn Harding surrenders to Iohn Osborne . Iohn Osborne surrenders to Richard Wotton and Robert Harrell . Iohn Osborne having forfeited for having Lett without License , the Lord of the Mannor admitted Walthal and Finch . Walthal and Finch surrender to Io. Glascock . Glascock surrenders to Tho. Cook and his Wife . Cook and his Wife surrender to Richard Glover , Citizen and Pewterer of London . Richard Glover dying , the Copyhold being Gavelkind , fell to his several Sons , who all after surrendred to Richard the Eldest ; who dying in 1646. his Son ( after admittance ) in 1647. surrendred to Robert Smith and Anthony Bateman , who was ( till he broke ) in possession , and received the Rents . Sir Robert Smith dyed 12 Iune , 21 Car. 2. so Sir Anthony was the Survivour . Sir Anthony became a Bankrupt . See the Commission . The Commissioners Assignment of the Ten Acres Freehold , and Twelve Acres Copy hold to Sir Robert Cotton , enrolled . Sir Robert Cotton admitted to the Twelve Acres Copyhold . A Verdict for Sir Robert Cotton . The Heirs of Whichcot's Title to Pruson's Island . PEter Osborne conveys the Breach , &c. to Woodshaw , by Estimation Three ( not exceeding Four ) Acres , butting East on a Sluce , South on the Thames , North on Wapping-Marsh , West on a piece of Ground next abutting and adjoyning on a certain Way or Lane there , called Gravel-Lane . Enroll'd . Iames Woodshaw conveys the same to Richard Glover . Livery and Seisin Endorsed . Richard Glover Devises , by general Words , Wapping-Land to Richard Glover his Son. Book of Wills. The said Richard Glover conveys the same to Warren and his Heirs . Enroll'd . The said Richard confirms the same to Warren . Enroll'd . Richard Glover , the Grandson , confirms the same . George Warren sells the same to Richard Lloyd and Iohn Wicken . Enroll'd . Richard Lloyd and Iohn Wicken , by Lease and Release , sell to William Crowder , Thomas Iordan , Thomas Horton , and Iohn Iolliff , Trustees for Rebecca Whichcot , late Glover's Wife . Crowder , Iorden , and Horton , Dye before 1680. Iohn Iolliff in 1680. being the surviving Trustee , and in William Iolliff his Son and Heir , the Inheritance of these Lands remains , in Trust for the Heirs of the said Rebecca Whichcot , to this Day : And , Note , The Land now called Pruson's Island , ( which Name is assuredly took from having been long in possession of one Pruson , under Glover's Title ) is above Three , and not Four Acres ; butted East on ( a place where there was ) a Sluce , South on the Thames , North on Wapping-Marsh , and West on Bridewel-Hospital-Land , heretofore a piece of Ground which butted and adjoyned upon Gravel-Lane ; and was held under Glover's Title by Mrs. Rebecca Whichcot , till outed by Lady Ivy , 1679. And if Lady Ivy can shew what Land 't is possible the Ten Acres in Wapping-Marsh should be , but the Lands in question , butting West on Gravel-Lane , and where the Twelve Acres of Copyhold in Wapping-Marsh should be , ( that was late Hill's in the 10th , and Glascock's the 23d of Eliz. ) and lying East of the last Ten Acres , but the Lands in question , and which have been always enjoyed by those the Creditors claim under , by Copy of Court-Roll , since Edward the Sixth's time , and where there should be Three , and not exceeding Four Acres , that butted East on a Sluce , South on the Thames , North on Wapping-Marsh , and West on a piece of Ground that butted on Gravel-Lane , unless the Ground now called Pruson's Island , which really does so abutt , they will then quit their Claim to these Lands , which they otherwise hope will at some time or other be allowed to be theirs . As to what Lady Ivy is pleased to say concerning the several Verdicts she has had for her Title , the Reader is hereby informed , That those Verdicts were got on producing of Deeds , which are not mentioned in her printed Paper , nor yet to be found on Record . And as to what she is pleased to suggest concerning the Conviction of her Adversaries Attorney , one Iohnson , Note , There was one Duffet , a notorious common Forger of Deeds , and an intimate Acquaintance of my Lady's : He first applied himself to Mr. Iohnson as a Witness , without Iohnson's seeking to him , and discovering his Treaty with Iohnson , drew him into a snare , being , as supposed , employed by somebody else . As for the Records and Deeds , which made up three parts of her Paper , they are most of them such as were never made use of at any Trial , and serve only for a shew , and an amusement , and when rightly considered , are nothing to the purpose at all . And that the World may also see what Title , both on Record and otherwise , the Lady Ivy has yet been pleased to produce for the Lands in question , with what may reasonably be objected against it by Arguments , only deduced from other Deeds on Records , the same is incerted here , and if any Mistake be made in 't , it is not wilfully done , and will be undoubtedly Answered by Lady Ivy's Direction , if there be any thing in it untrue , her Ladyship having already appeared twice in Print in these Matters , and thereby given occasion for the Printing of this . The Lady Ivy's Title . THat Wapping-Marsh being one Hundred and Thirty Acres drowned Land , was , for a Moiety thereof , undertaken before the 27 Hen. 8 , to be Inned and Drained by one Vanderdelfe , who sold his Moiety to one Richard Hill , on whom that Moiety was by Act of Parliament , 27 Hen. 8. setled . A Lease produced by which Richard Hill lets Sixteen Acres to one Clayton , a Butcher , for five years , lying along Gravel-Lane . A Deed whereby Richard Hill sells to Thomas Stepkins and his Heirs , for ever , Sixteen Acres in Wapping-Marsh , in the Tenure of one Clayton , and Fifteen Acres and Three Roods of Land in Wapping-Marsh , then in the possession of Richard Hill , lying by the Pond in the said Marsh , and all those his Messuages , Pond , Lands , and Soil , in the Parishes of Stepney and St. Mary Matfellon , or elsewhere in the County of Middlesex ; and were parcel of Hundred and thirty Acres , formerly drowned , but not of the Fifty three Acres that were Stepkins's before the drowning . Note , The word is Drowning , and not Draining , in the Deed. See Lady Ivy's Answer to Dr. Whichcot's Bill , 1677. A Deed whereby Jasper Hill , Son of Richard Hill , sells all his Lands about Ninty two Acres , in the Marsh , and County of Middlesex , to Machelin and John Stepkins , and their Heirs ; and is the Deed whereby Lady Ivy , in Easter-Term 1686. Claimed these Lands , without producing the foregoing Deed of the 23 d Mar. 5 Edw. 6. but in Easter and Trinity Term 1687. Lady Ivy to make Title to these Lands , produced that of the 5 th Edw. 6 th , without bringing out this at all . And that Jasper Hill by Fine and Recovery 3 Eliz. and by Deed 12 th May 4 Eliz. conveyed Twenty Acres of Land , and a Hundred Acres of Marsh in White-Chappel , Stepney , and Wapping , to Macheline and John Stepkins and their Heirs . Richard Hill , having the 3 Dec. 32 Henry the 8 th , entred into a Statute to one Vivald , and Salvago , all the Lands which he was possest of after that time , being One hundred and thirteen Acres were extended , and among them the Lands in question , and that that Extent was purchased in by Stepkins . A Presentment of Sewer's finding Twelve Acres in possession of Walthall and Woodcock , as the Freehold of Stepkins , and part of the Lands in question . John Stepkins , as Surety for William Patent , Covenanted to pay to the Queen 7928 l. 7 s. 11 d. ½ . and to secure it , levied a Fine , and conveyed an Estate to Trustees for the Queen : in which Conveyance , inter alia , is mentioned Four Acres of Meadow , with a Pond and Island , in the possession of Alice Woodcock ; which Lady Ivy's Counsel do say , is the Ground now called Pruson's Island . And the said John Stepkins at that time did give Bond to perform Covenants , which Bond being forfeited , in the 19 Eliz. the rest of his Estate was extended , and not released till 7 Jacobi , 1609. and then restored to the Stepkinses again . And Lady Ivy in her printed Paper affirms , that most of the Lands in the Extent 4 Eliz. are mentioned in this , and particularly all the Lands in dispute ; and thence would infer , that these were Stepkins's Lands at that time , and , if so , ought to be hers now . The Answer to it . THE Act of Parliament was undoubtedly so ● and only shews there was a Hundred and thirty Acres to be Drained , and that Richard Hill having purchased Vanderdelfe's interest , was to have one Moiety of it . This Lease ( if really true ) only shews that Richard Hill had Land there ; which it may be he had and probably he or his Son Iasper might after sell it to Iohn Starkey ( under whom it is claimed now ) before they sold any to Stepkins at all . This ( if true ) purports a most absolute sale of all the Lands Richard Hill had in the County of Middlesex ; and yet the said Richard Hill , the 20● Oct. 6 Edw. 6. by his last Will and Testament , settles the Lands he bought of Vanderdelfe ( of which , by the Deed , this appears to be part ) on his Son Iasper Hill , with several Remainders over in Tail , which 't is not likely he would have done , had he sold it away before ; and as a very good Argument that it was so Entailed by Richard Hill's Will , there appears on Record , a Fine and Recovery suffered by Iasper Hill ( Richard Hill's Son ) to Machelin and Iohn Stepkins , of Twenty Acres of Land , and a Hundred Acres of fresh Marsh in White-Chappel , Stepney , and Wapping , the 3d of Eliz. which had been needless had it not been so Entailed , and is an Argument that Stepkins bought nothing of Hill till that time : And yet in Trinity-Term 1684. in a Cause 'twixt the Dean of Saint Paul's , London , and Lady Ivy , about Shadwell Lands , a Deed was then given in Evidence , Dated 16 Apr. 6 Edw. 6. whereby Richard Hill sold Twenty four Acres , and all the Lands he had in Stepney and Middlesex , to Thomas Stepkins : But this Deed having had the misfortune to be markt as found , and Sworn to be so , with a long Lease of a Hundred twenty eight years , and other Deeds , among the Writings of the Churches Lessee , it was not believed then , and one of the Witnesses that swore to the so finding those Deeds , was Perjur'd upon 't , and stood in the Pillory for it ; and some of the said Deeds were then left in Court ; by Rule of which , Dated Iune 1687. upon an Information against Lady Ivy for it , a Trial is ordered next Term. Note , Lady Ivy's Wapping-Estate , came intirely into her power to sell and dispose of it in 1655. and when her Ladiship , in 1656. sold Land in Wapping to Mr. Arlibear , and in 1658. to Brian Harrison , Trustee for Mr. Wood , Copies of this Deed were given them ; by which it appears ( if they were rightly taken ) that Livery and Seisin was Endorsed on the back of that Deed the 20th of Nov. in the 5th and 6th year of Philip and Mary , and 't is notoriously known that Queen Mary died the Seventeenth of that Month , and that Queen Elizabeth was proclaimed the same day . This is not denied to be true , and is a great Argument against the Truth of the foregoing Deeds , it being not credible that this Fine was levied in pursuance of either of those Deeds , it being done so long after , and there being also a Deed by Lady Ivy's own shewing , dated the 12th of May following , 4 Eliz. to convey the Lands in that Fine comprized ; but that Deed not naming the Lands in question , was neither produced in Easter-Term 1686. nor in Easter nor Trinity-Term 1687. but was in a Trial in Trinity-Term 1684. but 't was in another cause , and the contents of it took at that time . This Extent was undoubtedly made , but affects not at all the Creditors nor Iolliff's Title , for the Ten Acres of Freehold Land that was Nelthorp's in right of his Wife , sole Heir of Iohn Starkey , in the 10 Eliz. and Pruson's Island might have been ( we do not say 't was ) Richard Hill's since the 32 Hen. 8. and yet no part of what was sold to Stepkins the 3 Eliz. and for the Twelve Acres of Copyhold , 't is plain it was Richard Hill's , and by his Son Iasper sold to Iohn Stepkins , under whom the Creditors , by uninterrupted Surrenders , all along down on Record , do make out their Title to it . It seems to be very much , and in many places razed , and not legible ; and is not produced by the hands of the proper Officer . That Iohn Stepkins , as Surety for Patent , being in Debt to the Queen , made over his Estate to Trustees for her use , and that 't was after Extended , and not released till 7 Iac. is true . But , Note , in the Conveyance to the Trustees for the use of the Queen , there is but a very few Acres mentioned as lying in Wapping-Marsh ; and in the Extent and Lease to Alice Stepkins , by the Queen , 19 Eliz. Fifty Acres in Wapping-Marsh only are mentioned , which seems to make out that Stepkins had no more there at that time ; and among those , none of the Lands now in question are any way named or described : For , as for the Four Acres of Meadow , with a Pond and Island , in the possession , at that time , of Alice Woodcock , it may , with much more of reason , be taken to be the Four Acres of Land , with the place where there was then both a Pond and Island , lying East of Pruson's Island ; whereof Three Acres was sold to Brian Harrison , Trustee for William Wood , 1658. and the rest to Mr. Arlibear in 1656. both by Deeds enrolled by Lady Ivy her self . Besides , had these Lands now in question , been then so convey'd to the use of the Queen , and extended , and so remained till 1609. 't is not to be imagined that they could during that time have been sold , as plain 't is they were on Record , by Sleford to Tailford , the 24 Eliz. and by Cross to Bennet , the 43 Eliz. of whom Richard Glover bought ; and several Surrenders were made of the Copyhold Land in that time , and particularly that to Richard Glover ( under whom the Creditors claim ) in 1603. As were also the Sales by Peter Osborne to Woodshaw , 25 Eliz. 1583. and by Iames Woodshaw to Richard Glover , 3 Iac. 1604. under which Pruson's Island was quietly enjoyed till 1679. and under which the Heirs of Rebecca now Claim . To Answer the Possession , Lady Ivy says , That 14 Eliz. 1572. John Stepkins Demised Twelve Acres and other Lands , of which these were part , with an Island and Pond , to Anthony Walthall and John Woodcock , for 62 years : And that 44 Eliz. 1602. Walthall and Woodcock mortgaged the same to Richard Glover . That Anthony Walthall and Thomas Woodcock , Son of John , surrendred and released to John Stepkins . That Richard Glover being in possession , under the Lease to Walthall and Woodcock , and one Pruson claiming some Interest under Glover , they both released to John Stepkins . John Stepkins demises the Premisses in question , inter alia , to Richard Glover for Fifty six years , at a red Rose for the first Ten years , and after that , at 20 l. yearly payable to Mr. Stepkins , his Executors , and Assigns ; and the Rent being so reserved , and not to his Heirs , the Counsel for Lady Ivy , says , It was not payable to his Heirs , and so ceased , but that 120 l. was paid for the first six years , to Lady Ivy's Father , as did appear by Whitfield her Fathers Steward's Book of Accounts , which had been produced at a former Trial , and allowed as Evidence , but was since burnt in the Fire at Wapping . Sir John Brampston swore he believed 't was his Fathers Hand that was set as a Witness to it ; and Serjeant Brampston in his Deposition taken 1675. to perpetuate his Testimony , swears so too ; and that about six or seven years before his Examination in 1675. looking among Lady Ivy's Writings , left with him by his brother Sir John , who was Executor to his Father , he did find a Deed with the Name Richard Glover set thereto as a Party , but did not then read the same , but believes the Deed on which he was examined ( being the said Fifty six years Lease ) was the same Deed he so found , and on the Suit with Bateman , did deliver many Writings and Evidences to Lady Ivy , and advised her to read them over , and that among them she told him she found this Fifty six years Lease ; and in her Answer to Sir Robert Cotton's Bill , put in against her , 1675. she also swears she so found the said Lease in May 1675. and does acknowledge in that her said Answer , that she did not know of the said Lease , nor of the Rent thereon received . And yet as A farther proof of this Lease ( it having been sometime sworn that one Duffett said , he was making a Writing he called Glover's Lease about 1671. ) Lady Ivy , to shew 't was known in 1664. and if so , could not be made in or about 1671. does produce . A Deed wherein the said Lease is recited , being a Conveyance ( executed by Sir Thomas Ivy and his Lady , of the Inheritance of five Acres of Land on which Kingstreet in Wapping is built , to Edward Burtbee and Edward Temple , in Trust to secure 800 l. to Sir Thomas Ivy , by 100 l. yearly , till Principal and Interest paid , with a Covenant to levy a Fine . And to prove this Deed , she produced Edward Burtbee himself , who swears very home to the matter , and says , he was Party to it , but the Witnesses are all dead . A Fine was levied to Burtbee and Temple , of Five Acres of Land in Stepney and Middlesex . And that under the Lease to Walthall and Woodcock for Sixty two years , and this Lease thus taken of John Stepkins by Richard Glover for Fifty six years . All the Possession of such as have claimed all along under him , has been . Several Verdicts , and in favour of the foregoing Title , are by Lady Ivy produced ; and as a very great Argument of the truth of her Deeds , is alledged the very great difficulty of making so many , as there must have been made , if any there be in her Case . If there was such a Lease as per contra made by Iohn Stepkins to Walthall and Woodcock for sixty two years , from 1572. and that the same was made over to Richard Glover in 1602. 'T is very strange , that the said Richard Glover , if he had no other Title but that Lease at that time , should presume to let Leases of Lands therein comprized , as he really did to Pruson and Watts , for Terms that would not expire till long after that Lease , ( an Enjoyment went with them ) and much stranger it is that they should accept of such Leases , and consider his Title no better , it being Building-ground on which they laid out their Estates . Besides , if Walthall and Woodcock mortgaged the same to Richard Glover in 1602. and that he was in possession of it under that Lease in 1619. as the Surrender made by Pruson and him of it , shews he was till that time , how came Anthony Walthall and Thomas Woodcock to have it to surrender or release to Iohn Stepkins , 1 Nov. 1613. which Serjeant Francis Brampston swears was the date of that Release ? And if Walthall and Woodcock had it to surrender , and did surrender it in 1613. to Iohn Stepkins , how came Glover and Pruson to have it again to surrender in 1619 ? This is very strange , if true . Note , The Release dated in 1613. was produced when the following Fifty six years Lease first was in 1675. and the other Release not till some years after , when discovered , it was that Richard Glover was possest of that Land all the time between 1613. and 1620. so that the first Release was not late enough to justifie the making of the next Lease for fifty six years . Against the probability of the truth of this Lease , Note , Likeness of Hands , and payment of Rent , no better proved than per contra , without any thing else , is but a slender Testimony to support a suspected Deed , which this may deserve to be ; for the following Reasons . 'T is not pretended 't was known to Lady Ivy , till found by her , when wanted in 1675. and if it had been known , What is said as an excuse why the Rent was not paid , ( being reserved to the Lessor , his Executors , and not Heirs ) is of no weight ; for it might have been helpt in Chancery . Besides , had that been the reason why the Rent was not asked nor paid : Note , Richard Glover ( who Lady Ivy goes about to prove paid the first six years Rent ) would never have paid any to her Father Iohn Stepkins , he being the Son of that Iohn Stepkins , who is supposed to have let this Lease in 1620. and died in 1624. so that way no Rent had been due at all . Richard Glover in 1616. died , and by his Will gave several of his Children 500 l. apiece , and particularly Mary ; and if the Money was not paid accordingly by Richard Glover his Son , who is supposed to have taken this Lease , he devises his Wapping Lands over to his said Children , and Mary's Portion being not paid , George Almony , her Husband , enters ; and on payment of the said 500 l. in 1624. resettles ( by Fine and Deed particularly naming these Lands ) the same on Richard Glover again ; whose thus accepting a Fine , had been a forfeiting the Lease , had he held it by one at that time . Lady Ivy's Father's and Grandfather's Wills , enumerating all their Lands to very small parcels , take no notice at all of this Lease , nor of any Land in it comprized , but only as a Boundary to their own . Note , There was a Lease lett by Richard Glover to Aaron Williams of the Five Acres , being part of the Twelve Acres of Copyhold Land , on which Kingstreet in Wapping is built , for Fifty years ( with License from the Lord of the Mannor to lett for so long ) from 1630. at 20 l. yearly Rent ; 't was a building Lease , and such part of it as Aaron Williams built not himself , he disposed of to others . And as 't is something hard to imagine that Richard Glover ( who was a man of repute ) if he had but forty six years in it in 1630. should lett it for Fifty years , so 't is very much harder to believe that Aaron Williams , ( who was a great Builder in several places ) and those under him , should accept of a Lease ( and build on it ) for a longer term than Richard Glover could have lett , had he held it by this now produced Lease for Fifty six years from 1620. which if true , could not have been but publickly known at that time ; which very Lease so lett to Aaron Williams , as aforesaid , Lady Ivy purchased in 1659. and gave about 2000 l. for it , and so got the possession of it , as she in her own Answer to Sir Robert Cotton's Bill in 1676. does confess , and is a great Argument she believed it a good Lease ; and that 20 l. yearly Rent was paid to Bateman for it , is plain , if the Answer of one Michael Oldsworth ( of whom Lady Ivy purchased the said Lease ) to a Bill put in against him by the Relations of one William Thomas ( to whom Oldsworth was Executor , and so came possest of this Lease ) for an Account of the Estate of the said William Thomas , may be believed , as it must in other cases , ( though no Evidence in this , because it being in another Cause , may not in this be read ) That in the Account says thus ; Paid Sir Anthony Bateman Arrears of Rent at Wapping , 20 l. per ann . 150 l. And the said Lady Ivy being so in possession of the Five Acres , on which Kingstreet is built , by having got Aaron Williams his Lease into her own hands , brought an Ejectment about 1675. against the Creditors of Sir Anthony Bateman , who then were possest of the other Seventeen Acres , and they claiming under a Bankrupt , who refused to assist them , and knowing not how to defend their Title , and Lady Ivy having the good Fortune to make those Deeds against which so much is said in this Paper , and especially the Fifty six years Lease from 1620. to be believed as true Deeds , she got a Verdict and Judgment then for the said Seventeen Acres about 1676. and held the same till a Verdict was given against her in Easter-Term 1686. for the whole Twenty two Acres , upon the now Creditors Title , such Evidence being then given , as made this Fifty six years Lease , and other Deeds , not believed . The Deed dated February 1664. setling the Inheritance of the Five Acres of Land , on which Kingstreet in Wapping is built , on one Edward Burtbee and Edward Temple , for the securing 800 l. by 100 l. yearly to Sir Thomas Ivy , in which the 56 years Lease is recited , seems to have been made for the sake of that very Recital , and cannot in reason be true ; for , Note , Lady Ivy having purchased Aaron Williams his Lease , as aforesaid , and that being in December 1664. mortgaged to Ioseph Sabberton and Edward Simonds for 800 l. and Sir Thomas Ivy then offering to lay down that Money , so he might have it secured him out of the said Lease , the same Lease was made over 26 Decemb. 1664. to Richard and Iohn Estcourt , and Thomas Nevil , who the 25th of February following , assigned the same to Sir Rob. Killigrew , Sir William Salkeild , and Benjamin Thornburgh , now Trustees for that purpose : But Sir Thomas not receiving the Rents , and his 800 l. remaining unpaid , and he differing with his Lady in 1671. put in a Bill against her and Serjeant Brampston , about this very business , charging the Serjeant with Confederacy with his Wife ; and setting out the whole matter of the Security made him of that Lease , complaining of the ill usage he had had , and desires relief , and yet says not one word of the Inheritance now pretended to be made over to Burtbee and Temple for him , and to which Deed he himself , 't is pretended , was Party . And Lady Ivy in her Answer to the said Bill , takes only notice of the Lease by her purchased , and so mortgaged to Sabberton and Simonds , as aforesaid , and not one word of this Inheritance-Deed : Nor does a Bill exhibited against Sir Thomas Ivy in Feb. 1669. by Sir Robert Killigrew , Sir William Salkield , and Benjamin Thornburgh , the Trustees by Lady Ivy's direction , setting out also this Security thus made of the Lease ( therein named to be made by Richard Glover to Aaron Williams for Fifty years from 1630. ) for 800 l. by 100 l. yearly to Sir Thomas Ivy , nor Sir Thomas Ivy's Answer to it , ( confessing the Security was so made to him of the Lease ) say any thing at all of this Inheritance-Deed , nor take any notice of Edward Burtbee , but as one only who being authorized by the last named Trustees , and Lady Ivy , to receive the Rents , did employ one Edward Temple , for some time , for that purpose , and that afterwards one Perrot was by Lady Ivy authorized and employed to receive those Rents . So that 't is sence to believe that Edward Burtbee and Edward Temple were no otherwise ( with the knowledge of Sir Thomas Ivy ) concern'd in this matter , but as Rent-gatherers only in manner aforesaid : and nonsence it is to imagine there could be such an Inheritance Deed made and assigned in Trust for Sir Thomas to Burtbee and Temple at that time , and no notice in that Controversie be taken of it at all , considering also that that Lease was at that time within Nine years of expiring , and also not worth any thing , had the Fifty six years Lease been true . And farther , to demonstrate that it cannot be with reason believed that the Fifty six years Lease from 1620. could be recited in a Deed made in 1664. that was perused by Serjeant Brampston , and he a Witness , and Lady Ivy a Party to it : Note , Serjeant Brampston , when examined for Lady Ivy in this Cause in 1675. to perpetuate his Testimony , being in the fourth Interrogatory asked , When and how long it was since he FIRST law the Counterpart of the Lease ( explained to be this Fifty six years Lease in the second Interrogatory ) and where and among whose Evidences , Papers , and Writings , he did FIRST see the same ; in answer deposeth , That having several Boxes and Bags of Writings to him delivered by his Brother Sir Iohn , that were in the possession of Sir Iohn Brampston his Father , at the time of his death , to be by him kept , he was desired by one Sir Charles Stepkins , about six or seven years since , to search among the said Writings for the Counterpart of a Lease made to one Bourne ; and that upon this Deponents THEN searching , he did find a Deed with the name Richard Glover , as a Party set to it ; but saith , he did not THEN read the same , and that these Bags and Boxes of Writings , he after delivered to Lady Ivy , and among them she told him she found this Lease . Now if Serjeant Brampston swears true , that the FIRST time he found ( which in common Speech is as much as to say he knew not of it before ) a Deed under Glover's hand , ( which might well be the Lease lett by Richard Glover to Aaron Williams , which Lady Ivy had purchased ) were but six or seven years before 1675. how then was it possible that it could be ( by him ) for so Burtbee swore 't was ) recited in a Deed made in 1664 ? And had it been so recited as now 't is pretended it was , in a Deed made in 1664. to which Lady Ivy was Party , it must have been known to her self ; which in her Answer to Sir Robert Cotton's Bill , she swears it was not , but that it was by her found in May 1675. in an old Bag of Writings . And Serjeant Brampstons Deposition also says , That she at that time told him that she did find it so ; so that it is not hard to believe this Deed ( never produced till Easter-Term 1686. ) was made for the purpose aforesaid , since to support the Truth of this Deed , there is nothing more than barely the Oath of one Edward Burtbee , a man well known about Town , and that he has been all along employed by the Lady Ivy ; and so not unlikely to have been in the Secret. For the Fine , if the Deed of Uses be not true , it may be of any other five Acres : But Note , 't was Levied two years after 1664. Just about the time that Sir Anthony Bateman failed , and when Lady Ivy set up to Claim the Inheritance of it , nor is without some suspicion of having been unduly levied ( it may be ) by passing the Offices without the knowledge of Sir Tho. Ivy , and Lord Chief Justice , the Roll where the Caption of it , to which the Lord Chief Justices Hand should be in the Custos Brevium Office , being lost . And if that Fine was really levied by Sir Thomas Ivy , which is still to be doubted , for the reason aforesaid , 't is not however to be wondred at much , considering that he had covenanted to do any Act with the Land in that Lease , his Lady should desire , so it might be no prejudice to the payment of his 800 l. as aforesaid . And it may be he was made believe at that time , that it was her Inheritance by being showed the Deed of the 12 Nov. 5 and 6 Ph. and Mary , which was before that time made , and if any Deed there was made to Edward Burtbee and Edward Temple to lead the use of this Fine of five Acres , 't is plain it could not be a Deed dated in February 1664. reciting this Fifty six years Lease for the reasons aforesaid ; but must have been some other Deed , after that time made , and designed as this Fine seems to have been , in future times to make out some colourable Title to the Inheritance of this five Acres of Land , which Lady Ivy held only by Aaron Williams his Lease , that expired at Lady-day 1681. And that 't was privately done , is plain : for neither the Fine nor the Deed was ever in any Trial produced , till Easter-Term 1686. All that is to be said to the Verdict is , They were given at times when the Creditors Title , and that to Pruson's Island , were not well made understood to the Court and Jury , and when Lady Ivy's Deeds were believed . As for the difficulty of making of Deeds , a great many may as well be imagined to be made , as one single Deed , where the Ingenuity of the Party concerned , and the Nature of the Title and Place afford good Materials for it . And The Reader is now desired to take Notice , That Wapping-Marsh was one Hundred and thirty Acres drowned Land in Henry the 8th's time , and undertook to be Drained by one Vanderdelfe , and so setled by Parliament , that when Drained , it should be equally divided 'twixt the Proprietors and Richard Hill , who had bought Vanderdelfe's half . And That no Division ( though undoubtedly one there was ( it may be among themselves ) made ) is now to be found on Record : And Iasper Hill , 3 Eliz. by Fine and Recovery having sold to Macheline and Iohn Stepkins , 20 Acres of Land , and 100 Acres of Marsh in Stepney ( that being the first Sale on Record . ) 'T is in the power of Lady Ivy ( as Heir of Stepkins ) to Claim any part of the Marsh by alledging , 't was part of what her Ancestors purchased ; if to answer the Possession , there can any way a Lease be set up , and by her Ladyship's luck only ; in finding old Leases , these long Disputes have been made . For the Proprietors ( no Division appearing ) being able to make no Title , unless to the Copyhold , before that purchased by Stepkins , 3 Eliz. By such Lease she may claim any parcel she will , though the Owners thereof have had it ever since the Draining thereof ; which could not be done in another place , and makes it much easier to have been done , than it can be imagined here . And to remember , That The Title by which the Creditors claim the Ten Acres of Freehold , and Twelve Acres of Copyhold Land , and whereby the Heirs of Whichcot do claim Pruson's Island , and under which those Lands were all quietly held and enjoyed , till after Sir Anthony Bateman failed , is , by Copies of Court Roll , and Deeds on Record , against the truth of which there has never yet been , nor ever can be the least sort of Pretence : And that The Title whereby Lady Ivy Claims in particular any of the aforesaid Lands , and whereby she both Got and does Hold the same , is by Deeds , not only not on Record , but most of them such , as first have been Lost , and then Found , and that are liable to more Exceptions by many , then are herein before exprest , which will be made use of against them when occasion shall serve . FINIS . Alimony Arraignd , OR THE REMONSTRANCE AND HUMBLE APPEAL OF Thomas Ivie , Esq From the High Court of CHANCERY , TO His Highness the LORD PROTECTOR of the Commonwealth of England , Scotland , and Ireland , &c. WHEREIN Are set forth the unheard-of Practices and Villanies of Lewd and Defamed Women , in Order to separate Man and Wife . LONDON , Reprinted in the Year , 1696. The Humble Appeal and Remonstrance of THOMAS IVIE , Esq To His Highness the Lord Protector , &c. HAD it not pleased the Lord to bear up my Fainting Spirit , with more than an ordinary Confidence that the Deliverance of his People was nigh at hand , and that he would put a stop to the Violent Passions of Oppressing Men , I had undoubtedly sunk under those abominable Scandals and Aspersions , which have been cast , like Dirt about the Streets , upon me , by my Wife and her Abettors . But certainly the Day of our Deliverance is already dawn'd ; and we are in some measure assur'd , that Iustice and Righteousness is already broke forth , and that the Abominations of the Wicked shall be no more clothed with Authority ; but whatsoever is a Lie shall be made manifest , and confounded . As our Eyes are therefore on the Lord , as the supreme Fountain of all Goodness , so we trust that the Declaration of his Will shall be made out by Your Highness , being chosen by Himself in an extraordinary manner , and by a wonderful Series of Providences , to this very end , to execute Righteousness and Judgment for his People that are oppressed amongst us : And that your Highness will put on Bowels of Compassion for the Afflictions of Men in Misery , who pour out their Complaints and Grievances before you . With this Confidence I appeal from the Chancery unto your Highness ( being unable to endure any longer , either the Expences or Delays of that Court ; or indeed the Justice which is there distributed . ) For besides the hazarding of that which is better than a precious Ointment , much of my Estate hath been consumed , and great Debts contracted , by reason of my attendance upon these unnatural Differences , ( which have been fomented between my self and my seduced Wife ) much of it torn away by Violence under a Pretence of Alimony for her , to whom I never denied or refused any thing whatsoever . And that which remaineth is daily so molested with Creditors , that I now may most truly take upon me the Expression of Iob , I once had Riches , but now have none : And unless it will please your Highness to afford a speedy Redress , I shall hardly enjoy long my Liberty also . I will not say any thing of those sad and dismal Thoughts which have been continually in my Mind , those hideous Temptations , which have been hourly grating and gnawing my very Soul. During this sad Condition , 't is the Voice of the Lord only can speak Peace unto my Spirit , ( whose Name be blessed for those sweet and refreshing Experiences , with which he hath supported me in this fiery Trial ) but I shall open unto your Highness , as unto a good Samaritan , the Wounds of my Body and Fortune ; ( and briefly present a Narrative of the whole Matter concerning my self , and Wife , and how it hath been transacted in the Chancery ) That so I may with the more Confidence expect a Cure proportionable to my Disease ; and that your Highness's Judgment may be as well grounded upon Knowledge , as my Suffering upon Experience . Having faithfully discharged the Trust that was reposed in me by the honourable East-India Company ( as their chief Agent at Madrassopotan , where I had not only the Command of the Persons of Thousands of People , but also the Fort of St. George , and Town of Madrassopotan ; ) And having made a thorough Reformation of the grand Abuses which had crept into those parts , to the great Injury of the Trade ; and erected them a Town by my own Pains and Industry , even out of the Sea it self , for the better Advantage and Security of it , I resolved with my self , ( though I was often perswaded by the said Company to continue longer my Charge ) to return into my Country , where I had left the near Relation of a Wife behind me : And by how much the more that Reciprocal Happiness ( which we enjoyed together ) did revive , the more enflam'd were my Desires for a Return . But I had no sooner arrived in England , but the first News almost that was brought me , was the Death of my Wife , in her very Journey to meet me . This was the first Tryal which the Lord laid upon me : But as he corrected , so he gave me Patience and Submission to his Will in it ; neither were Friends wanting to endeavour a Belief in me , that as the Lord had taken one Wife from my Bosom , so he could bestow another . After many several Days and Months thus spent in Melancholy , and willing to inure my self to the Condition I enjoyed when I left England , I was perswaded to address my self to one Mrs. Garret , a Widow , and Daughter of Mr. Stepkins , who was represented unto me to be as beautiful in Mind as in Person ; And though her Husband had left her nothing , yet was I not deterr'd by this to forbear my Sute , supposing what was wanting in Fortune , would be made up in Affection and Sweetness towards me . Hereupon , in short , about October 1649. a Marriage was had and concluded between us ; and , that I might give the best demonstration what a high value I put upon her , I setled for her Joynture 1000 l. per ann . and Covenanted with her Trustees to leave her at the time of my Death 1000 l. also in ready money . Her Father ( now taking notice of this cordial and affectionate dealing of mine with his Daughter ) made in short this Proposition unto me , That if I would give him the said Stepkins 1000 l. more , and deliver forthwith unto his said Daughter , as many Jewels as might be worth at least 1200 l. that then he would settle his Estate at Wapping ( being 240 l. per Ann. ) upon me for my life , and after my decease to my Wife ; And in case we had Issue , then to them ; and in case we had no issue , then to the Heirs general of the said Stepkins , or such as he the said Stepkins should limit and appoint . To which I returned as short an answer , and told him , I would immediately perform his demand . Whereupon I did deposite 1000 l. in money , and 1200 l. in Jewels , and all the aforesaid agreements and settlements were Indented in Parchment , and legally executed accordingly ( as may appear from the Deeds themselves , proved by two Testimonies in Chancery , to which I refer my self . ) I make no mention what Presents , nor of what value they were , ( though considerable ) I sent her before Marriage , ( because they were purely Gifts ) but the other upon the most real and highest consideration of Marriage . I suppose it 's already evident , that had I now found the affection which I promised my self , it might be very well said to be rather purchased than gained ; for although there was 240 l. per Ann. setled upon the Considerations aforesaid , yet was it a dear bargain unto me , only for my Life , to lay down for it 2200 l. Neither was I to enjoy this until the said Stepkins should decease ; which ( if the contingency of his Death , and the Interest of the Money had been considered ) 't was more than ten years purchase for one life . Nevertheless , had there been a Return but of common Gratitude , ( much less of a conjugal Affection ) I should scarcely have entertained a Thought of Penitency for so large a Joynture , which I had setled . But certainly the Anger of the Lord began now to be kindled against us , and whether 't was for her sins as well as mine own , and particularly for being instrumental to the Disheriting of the eldest Son and Heir of the said Stepkins ( who never had demerited it in the least measure from the Father ) I know not , the Lord discover it unto us both in his due time : But certain it is , that she could not long continue her self from discovering , that 't was rather my Fortune than my Person , which she had wedded ; rather embracing Advantages of expressing Kindness to others , than her Husband . Notwithstanding many of these inconveniences did I pass over ( though 't was very grievous to be thus used so soon after our Marriage , within less than six months , and still persevere ( if with Prudence I may speak it ) with more than usual fondness ) she could no sooner propose any thing , which my Purse or Industry could procure , but 't was immediately provided ; nothing which might be either for Necessity or Ornament ( though never so costly ) but she had it , though I borrowed money to provide it . I could here tell her Highness in what Plenty I maintained her , with what sums of Money in her Purse , with her Coach and Horses , Saddle-Horses , and rich Furniture , rich Cloaths , Beds , Linnen , &c. but that I should discover too much of my Folly in it , as well as her Unworthiness . But I am confident , ( and 't is proved by sufficient Witnesses in Chancery ) that in eighteen months after our Marriage , she had spent for her Accommodations above 3000 l. whereof 600 l. was in Apparel only 500 l. in ready money . But all this could not prevail , the Multiplicity of Curtesies and Endearments towards her on my part , was but the encreasing of her Frowns and Slightings towards me ; and being unsatisfied with what I voluntarily bestowed upon her , she took all opportunity ( in my absence from home ) to imbezel what goods soever she could come at ; and at one time ( when I was at the Court of Aldermen ) she took from my House 300 pounds at least of rich East-India Stuffs , and Plate . The Company she resorted unto ( were no less offensive unto me than her actions ) being either Persons of very low Condition , or Desperate Fortune , whose Necessities and Debaucheries still prompted her to further Incoveniences . It being now evident unto me , and all our Acquaintance besides , That a sudden Ruine could not but be near to our Estates , and unhappiness to our Persons , I entered upon a serious Resolution to withdraw for a while to my Country-house at Malmsbury in Wiltstire , and persuaded my Wife to a complyance herein ; This I did , that I might pay those Debts , which I had contracted by her means , and take her from the Occasions and the Persons which had enticed her to such pernicious courses . But they ( finding it their Diana should leave London , the silver Shrine would be also removed ) were too too prevalent with her to retard her Journey ; Nay , in conclusion the absolutely refused to go with me . Notwithstanding I did not forbear all the Arguments , which either Prudence or Necessity could dictate : And that I might not neglect any Motive , which I thought might conduce to this end , I gave 100 l. to two of her Familiar Acquaintance ( whom I thought most prevalent with her ) to persuade her to accompany me into the Country . But no Charms of Persuations had any Influence , nor Reason ( though very urgent and manifest ) but was slighted . Nevertheless before I went out of Town , I writ this Paper , and left it with her ; Sweet-heart , THE Reasons wherefore I am at present forced to leave London , is in regard of the following particulars . 1. Because my House , Family , Goods and Estate in the Country goeth much to Ruine , for want of my Presence . 2. Because my Engagements in London are great , viz. 1246 l. 3. Because of these great Engagements , my Credit , which hath been of value , ( but now through some Disparagements and Evil Practices , ) is lost in London , that I cannot borrow any more money to supply yours and my present wants : And now when I thought all things had been forgotten , I heard abroad by my Friends , that by certain Warrants issued out by the States for your self , and others to appear before them , that I am ashamed to walk London streets ; and I much fear , that if I continue in London , you will in short time both ruine your self and me . 4. You are so transported by the Perswasions , and Practices of your Aunt and others , that I , nor no Friend of yours , can intreat you to leave their Company and Evil Counsel , which daily breeds Debates and Strifes between us , Notwithstanding , they have been by their ill Counsel and evil Actions , the chief Occasion of all , which hath brought us to this sad Condition and Shame that we are now in : So that I may now say with Job , I had once Riches , but they are now wasted , and once I had a Wife , but now she will be no longer mine . 5. I have no Employment or Calling in London ; which disgraceful and unquiet Life is hateful unto me , and most disadvantagious ; for I find not this Town good for my health , ( by reason of my continual trouble ) my expences are insupportable : And I protest before the great God of Heaven , my only Ioy and Comfort should have been , and shall be ( if I can any way find your Affections reciprocal , and your Compliance equal ) to support your Honour and Fortune beyond my Own : But if we continue in London , I find all will be quickly confounded and destroyed . Therefore , Dear Heart , take the premisses into good , religious , and serious consideration , and go with me unto our Habitation in the Country , by which means , all things that are past will be forgotten , whereby we shall be both happy ; for my intents are only and really to make you a happy Woman : For I protest before God , when you come into the Country , I shall render my self and Estate to your Disposure , to come and go when and where you please , which shall be faithfully and lovingly performed by me , but if not ; be pleased to take this as a sad Farewel , from thy . London 17 March 1650. Most Affectionate Husband , Thomas Ivie . And immediately after my Arrival at Malmsbury , as soon as I had accommodated my House ; I sent her this Letter . Most dear Heart , YOV cannot but be sensible of my sad condition and necessity at London , by reason of my Discontents and great sums of Mony which I do owe , and have not wherewithal to satisfie my Creditors , for had I stayed longer , I must of necessity have been carryed to Prison , or at least to my Grave ; For I was so much troubled and grieved in mind as your unkindness , and want of Money , that I thought my heart would have broken ; which so transported me , that I knew not what I did when I left you : Yet notwithstanding your unkindness to me ( if you can borrow 30 l. of any Friend of ours to supply your present occasions ) I will see it satisfied ; if not , I shall willingly consent , that you pawn some of your Iewels for so much money ; and when the India ships come home ( God willing ) I shall redeem them for you again ; and when I have paid my Debts , you shall command me and my Estate , which shall be at your disposure . I should rejoyce to see you and my Father Stepkins here ; Therefore , Dear Heart , when you have a mind to come unto me , advise me , and I shall wait upon you , to bring you down ; And when you are weary of my Company and Entertainment in the Country , ( where my self , and all that I have , shall be at your Disposure ) I shall ( when you please ) return again with you to London , and ever remain Malmsbury 24 March , 1650. Your most affectionate Husband Thomas Ivie . Instead of a Complying Answer , which I expected ( for We cannot easily despair of Things We passionately desire ) I received this Summons from the Lords Commissioners of the Great Seal , to appear before them . WHereas Theodosia your Wife hath on this present day preferred her humble Petition unto us the Lords Commissioners of the Great Seal of England , thereby praying Allowance of Alimony , as by her said Petition remaining with us doth appear , we do at her instance give you Notice thereof , Requiring you hereby to make your personal appearance before Vs , on the thirteenth day of this Instant , to speak with Vs about the same . Middle Temple the 11 day of April , 1651. Richard Keeble , John Lisle . Immediately , ( laying aside all my Business ) as fast as Passions and Spurs could quicken , I repaired to the Chancery , where I found to my great astonishment ) this false and scandalous Libel , under the Title of a Petition for Alimony preferred against me . The humble Petition of Theodosia Ivie , Plaintiff , Wife of Thomas Ivie , Defendant . THat She being the Daughter of John Stepkins , Esq and married to the Defendant , who hath ( without any cause given ( him ) not only diserted her Company , but left her destitute of all manner of Means for her Livelihood and Subsistence ; And that during the time she cohabited with him , she hath not only been in great Danger of her Life , by his Cruel Vsages , and unjust contrivances , but by some means occasioned by the Defendant , she hath been very Weak and Infirm ; And hath received from him such Infirmities , ( not becoming a Husband to confer on his Wife ; ) And that by reason of his said cruelties , and the peril of receiving from him Diseases of Dangerous Consequence , she could not cohabit with him as his Wife , without eminent peril of her Life ; And the Defendant was not only departed from her , but utterly denied to allow her any convenient Support ; And that for meer necessity she had contracted some small debts ; And therefore she prayed the speedy Aid of the Court ; And that They would summon the Defendant before Them , that upon hearing her just Complaints , she might be relieved , and have such fitting Allowance by way of Alimony granted to her , as to the Court should seem meet ; And that for the present , she may have some convenient Allowance for Expences in this Suit , she being otherwise unable to proceed therein . To which ( having sought Patience from above ) I returned this Answer . That 't is true , he Married the Plaintiff , and hath ever since used her with the Respects of an affectionate Husband to a loving Wife , and neither hath , nor did intend to desert her Company , but much desires it , if he may find respectful carriage from her ; and is so far from leaving her destitute of all means , that since his Marriage , which was not then above eighteen Months , he had furnished her with Jewels and Pearl , to the value of 1200 l. besides Apparel , which cost him above 200 l. All which Pearl and Jewels she had in her Possession in March then last past , when the Defendant went to his dwelling-house in Wiltshire , at which time , he not only sollicited her to go and dwell with him , but promised her ( upon the Enjoyment of her in the Country ) to resign both himself and his Estate to her Commands and Disposal . That he hath likewise paid her Father 1000 l. for which he should have setled upon the Defendant some Estate of Inheritance for her Portion , which is all the Fortune he ever expected with her , whereof he hath not received the value of one penny . That he allowed her for Clothes , Mony , and otherwise for her use , above 800 l. And during the time he hath lived with her , he hath spent in Housholdstuff , House-rent , and House-keeping , 2870 l. so that in eighteen Months , he hath spent with her 6000 l. And this he mentions not , as if he repented of his Kindness to her , but to evidence to their Lordships that there is no just cause of Complaint against him , for not allowing her maintenance . That he never acted any thing of Danger or Cruelty , or that might occasion any infirmity to her ; nor was there ever any Disagreement , or any Cause why she should separate from him ; But her desire was to live in London , a place neither agreeable to the Defendants health , or Estate ; He having already ( by reason thereof ) contracted many Debts : And confesseth , that having ( by consent of her Father and her self ) bought an Estate in Wiltshire , situate in a healthful air , and a place of much conveniency , delight and profit ; He hath many times by Letters , in Person , and by Friends , earnestly desired her to live with him at his said House in the Country , where she shall want for nothing in his power , for her use and conveniency , and care shall be taken for her accomodation for her Journey , wherein he hopes yet to prevail , that they may mutually enjoy the Comfort of each other , which he much thirsteth after , and is not little grieved there should be any Question of it . That he took such Order ( presently after his going into the Country ) whereby the Plaintiff was supplyed with monies for her present occasions , and presumes the foul scandals suggested in the Petition ; are well known to the Plaintiff to have so little colour of Truth in them , as he hopes the same were put into the Petition , as words of Course , rathen than by her Direction : And he utterly denies the same ; and therefore he hopes , he shall not be ordered to make Allowance to the Petitioner , ( as in the Petition ) she demands . Could ever any Man suspect to be thus dealt withal by a Woman , that had plighted her faith in Marriage to one , who had setled so great a Joynture , given her so many Gifts , so much Mony , Jewels , and all other accommodations whatsoever in the greatest Plenty , for the Consideration of nothing ? Certainly amongst the Indians themselves have I not seen so great persidiousness . Now had I just Reason to suspect , 't was not only the malicious Counsels of her wicked Abettors , was the cause of her inhumanity towards me ; but that she had in her own Breast a Principle of Enmity and Dissatisfaction , even to the Relation of being my Wife . Nay seeing the Scene appears , 't is too easie to understand what Plot is laid and concluded ; If she can survive me ( which she thinks very probable ) and hath no issue of our two Bodies ( which she is resolved never to have ) by keeping her self from me , Then will she be a Fortune indeed , and her Widdowhood be worth its weight in Gold. And if in the mean time ( during my life ) she can have from the Lords Commissioners ( by way of Alimony ) 300 l. per Annum , she will think her self in a better condition , than her Father , who had but 240 l. per Annum , both for himself and his whole Family : And to prosecute the Suit , she hath 1200 l. worth of Jewels already , and 500 l. in ready Cash advanced , and her Husband much in debt , so that peradventure she may outspend him also even at Law. But to obtain this glorious design , many difficulties are to be passed through ; And though she her self hath resolved to calumniate vehemently ( presuming that somewhat will gain belief amongst many ) yet will not this be enough ; and therefore Witnesses must be prepared of as large Consciences as Foreheads : And for their better encouragement , They shall participate in the Gain and Advantage : Welcome Expressions and Opportunities to such Persons , whose defamed Lives , and necessitous Fortunes , rendred them neither in a Capacity to live , or converse with People of any Honesty or Reputation . As for her part , her Suggestions and Insinuations were high indeed ; much fear she pretended ( for had it been more than a Pretence , all had been accomplished , and my Life lost ) left she should participate of the Sins and Punishments of Sodom and Gomorrah : And as for her Body , she durst not trust that with me , left ( at any time being Morose and Cholerick ) I should injure her by Blows ; or if kind , I should infect her with unclean Diseases . To enforce these Motives upon the Minds of all People , who now took notice of these Distractions , Never was there a more exquisite Vizard of Modesty put on by a Woman : Never were Expressions of Religion more distorted to an ill end ; no Projects and Practices of Obscenity and Murder it self , were wanting to colour these malicious Devices against me : Nay , so grosly infatuated was she in her Scandal , that she represented my Person to be more like to a Monsters than a Mans. Her Abettors are not wanting in acting their parts also ; What she insinuated , they converted into Clamours ; neither stuck to depose any thing , what possible could be believed to be sworn by them , without any apparent contradiction . Having thus prepossessed the Ears of as many Persons of Quality as she could , and framed a Harmony of Testimonies ( as well as of Witnesses ) with as much Art and Cunning , as her own Wit , or her Abettors , ( or the matter it self could supply ) she took out with much eagerness a Commission out of the Court , to make what proof she could of her Petition . Notwithstanding this further Provocation also , my Lips were lock'd up with Silence , as well as my Heart with Sorrow , not retaliating Evil for Evil in the least measure ; or so much as intimating unto her , of her first Follies ( which if they were published by me ) might have raised a great Cloud upon her Reputation : Neither was I content to be totally Passive of what Injuries had passed , but was resolved not to leave any means unattempted to reclaim her from these Extravagancies . And thereupon went unto her in Person , with Mr. Escot , Serjeant Middleton , and Mr. Booth , at Mr. Zanchey's House ( he himself being present ) and with as much Rhetorick as my real Affection to her could dictate , did passionately move her to a Reconciliation , shewing what Scandal and Dishonour would follow such Differences , and promising withal , a perfect Oblivion of whatsoever had been acted against me ; And to fortifie my Arguments the better , I desired all those Gentlemen there present , to do the Office of Christian Moderators , and to endeavour to stop the Breaches between us , which were too wide already . Nevertheless , by how much the more weight she perceived in our Reasons , the more Obstinacy she discovered in her returns , utterly rejecting any Agreement , upon what Terms soever . Hereupon suspecting in her the apparent Symptoms of a sear'd Conscience ; and how that by my silence , the World began to infer a main Guilt of those Aspersions which had been divulged against me , Upon the serious Advice of my Counsel ( though I cannot but acknowledge a very great Reluctancy thereunto ) I was perswaded to examine Witnesses also , both to vindicate my own Integrity , and to discover unto the World the Grand Cheat that was contrived to gain my Estate ( which could no otherwise be accomplished ) without defaming my Person ( and if it were possible ) to take away my Life also ; which shall evidently appear anon . But before I shall give an Account of the Proofs which were made on my behalf , I shall according to her own Forwardness and Method , give your Highness a short view , what was attested for her . One swore , That he saw me squeeze her ( at eleven a Clock ) one night , as she was going down stairs . Another that she heard my Wife complain of ill usage ( but though she lived in the House with us ) never heard me give an ill word to her . Another heard her cry out , Help , Help , Murder , Murder ; and saw me take her by the Throat : Though I refer my self to my Affidavit on Oath , yet when I shall manifest it , ( That this Woman who swore this , was brought in that very night , and next morning conveyed away ) I suppose 't will be no difficult thing to perswade any one to believe , that this Creature was brought in on purpose to be a Witness against me . The Woman that swore this , was brought in that very night , on purpose to be a Witness , and the next morning went away again . One Measler ( a pretended French Physician ) swore that she was ill ; and that there was a Suspicion of Poyson ; but this was five months after she left me ; and was commonly reported to have the Pox , ( which being a Venomous Disease ) the French-man might safely Swear ( with a mental Reservation , the frequent Practice of his Country-men ) there was a Suspicion of Poyson . This is the Substance of what was sworn against me , ( and should I name the Persons of the Witnesses , ) they were more mean than their Testimonies ; The Chief of them was her Aunt Mrs. Williamson , of whom I shall say no other , but that her Way and Living is after the rate of 300 or 400 l. per annum , though it be well known , That neither her Husband , nor her self , have any Profession to live by , or any visible Estate , nor worth a Penny ; but are so nearly Poor , That he or she dares not appear in publick lest they be carried away by Bayliffs for the multitude of Debts he owes . This is that ungodly Wretch , who too visibly hath been the Ruin , both of my self and Wife , as will appear from the Depositions themselves . One Person there was produced on her behalf ( whose Name hath a Reputation in the World , viz. Sir Iohn Brampston , ) yet all that he can depose for Her , is nothing which is material , but that he never knew her defam'd , but in this Business , and that she was bred up amongst his Children ; and that he often endeavour'd a Reconciliation between us : Whether he did it , or no , I cannot affirm , but when I was told by him lately , and never heretofore , That he had a Pre-Mortgage of the Estate of 240 l. per annum ( made unto him by Stepkins ) which was settled on me for the Consideration aforesaid , I hope , that I shall not be condemn'd , as too jealous without a ground , That he is fishing for his own Interest in our troubled waters . Were there ought else considerable deposed against me , I should deal so ingenuously as to relate it , being very confident , that at the hearing of my Cause before any in Authority , there will not be wanting Agents enough for her , to lay open the worst against me . One thing therefore more ( and that which they think most considerable against me , not in order to justifie her Complaint , but to take off a Belief , from what she knew I could prove against her and her said Aunt Williamson ) was briefly this , That I endeavoured to suborn one Holdsworth ( a poor Fellow about the Town ) to swear point blank , That my Wife was a Whore , and her Aunt Williamson a Bawd. That I may be impartial in this Narration , I shall cite the very words themselves of this Deposition which are these . That in April and May was twelve-month , He ( viz. this Deponent ) came to the Defendant , ( viz. to my self ) for Money for one Nicholas ; and the Defendant said , He could prove Mrs. Williamson a Bawd , and would have had him sworn it ; and offered the Deponent Money to Swear the Plaintiff ( meaning Mrs. Ivie ) was a Whore. That he had made the Commissioners for him ; and said , That Stepkins and all his Family were Base People , and often offered him Money to Swear ; and said , he had two Witnesses more , if he would make up the third . How much Indiscretion , as well as Falshood , was in this Deponent , and both in them , who imployed this inferior Person , and who too probably practiced that infamous Act of Creating Knights of the Post ( which seems to appear , even from the Oath it self ) For certainly , had I been provided with two Witnesses ( as he said I told him ) which number the Law admits even in the highest Cases ) it had not only been an impertinent losing of my Money , but my Honesty also , to no purpose : Besides there are scarce any so Ignorant , but understand how difficult a thing it is to prove even a Whore , a Whore. 'T was against the Advice of my Council , and my own Inclination also , to examine any Witness of so mean a Quality in such Differences , ( as these are between my self and my Wife ) left the contemptibleness of the Evidence , might derogate from the Truth of the thing : Most of those ( whom I produced to give Testimony on my behalf ) were Persons of fair Estates , many hundreds per Annum , and such , who for many years past , have been Justices of the Peace in their Country , &c. But more ( of this Nature ) I omit : For ( without Doubt ) Poverty and Honesty are not inconsistent : The most precious Saints of God , are more frequently found cloath'd with Rags , than in a King's House : Iob himself was more acceptable to the Lord on the Dunghill , than in his costly Palaces : But withall there must be a Poverty in Spirit , as well as in Estate ; otherwise , they will forfeit both their Religion to God , and their Credit amongst Men : For certainly a poor Man ( being notoriously Vicious and Scandalous ) is to be reputed rather a Vermin in Nature , than a Member of Christian Society , whose Testimonies stink in their own Nostrils , and their Memory shall perish with them . That your Highness may the more knowingly judge and determine , both of this and other Proofs against me , I humbly beg leave to lay before your Highness the Manifestation of my Answer which I returned to my Wifes Petition , and what Evidences I produced to the clearing of it . 1. To the first Charge in the Petition , That I left her destitute of all manner of Livelihood and Subsistence . 'T was Deposed , ( Besides her having of 1200 l. worth of Jewels in her Custody ) That I maintained her with Meat , Drink and Cloaths , and all Conveniencies in a very plentiful high way , l. A. fol. 19. f. 40 , 47. l. 3. f. 3 , 4 , 49 That she had the Disposal of all things in his House , f. 7. That he spent twenty Shillings a day in Meat , besides Spice , Sugar , Wine , Beer , &c. fol. 8. f. 55,56,57 . That he importun'd her to go live with him in Wiltshire , l. A. f. 4. l. 13. f. 9 , 10 , 11. That she was richly cloathed , fol. 60. Had a Coach and Horse for her use . f. 67. Besides a Coach , he provided for her Journey a single Horse , worth 45 l. f. 68. and a Riding Suit worth 40 l. and a Horse-furniture worth 40 l. more . l. B. f. 68. That she absolutely refused to keep me Company into the Country , but would rather stay with her Aunt Williamson , l. C. fol. 13. That I gave 100 l. to Serjeant Middleton , the Serjeant to the Lords Commissioners , and Mr. Pauncefoot , a Clerk to several Committees , to perswade her to go with me , l. A. f. 8. That she refused notwithstanding , l. A. f. C. And for her Reception , I immediately declared in my answer , my Willingness to receive her , and cohabite with her , and provide her all Necessaries and Conveniences whatsoever . To the Objection which follows in the Petition , That my Usage was Cruel . 'T was Deposed , That I ever expressed much Love towards her , and was an Indulgent Husband , l. A. f. 18.39 . fol. 2. l. B. f. 3. f. 48. l. C. f. 10 , 12 , 19. That I ever shewed a Willingness to pleasure her in any thing , l. B. f. 63. That the squeezing her by the arms , was but the holding of her , when she attempted to run from me , intreating her with all fair words to stay , l. B. f. 82. To the third Charge , That I had given her foul Diseases , ( meaning the Pox ) 't was not only Deposed , that I was then free , but upon the Search of my Body , ( which I voluntarily did desire might be done by able and honest Physicians ) but there was not the least Sign or Symptom that I ever had that foul Disease . l. B. f. 35 , 36. l. C. f. 4. And at that time that this was reported , she her self was free from it , l. B. f. 37. And for my further Vindication herein , I beseech your Highness to read but these two Certificates under Oath of three eminent Doctors , and one Chyrurgion ; the President of the College of London , Dr. Pruican , Dr. Wedderburn , Dr. Nurse , and Mr. Boon . WE whose Names are hereunto subscribed , do certifie , That Thomas Ivie Esq ( upon a scandalous Petition exhibited against him by Theodosia his Wife ) that he had infected her with that soul Disease the Pox ( as the said Mr. Ivie informed us ) did desire us , and voluntary offer himself to be searched by us concerning the same . Whereupon , upon search , and view , had of his naked Body , we find , That Mr. Ivie is not only free from the said Disease , but so free from it , that we cannot perceive that he was ever tainted therewith . Witness our hands , London 30 May , 1651 Francis Pruiean , President of the College of Physicians in London . Thomas Nurse , M.D. Hen. Boon , Chyrurgion . WE whose Names are hereunto subscribed , do certifie , That about the Month of June last 1650. upon the scandalous report published of Thomas Ivie Esq who lately before had married Theodosia Daughter of John Stepkins Esq that he had the soul Disease of the Pox , and had given it unto his Wife , That at the request of the said Mr. Ivie , by Examinations and Answers given by him , and others having Interest , we did find that the said Mr. Ivie was clear of the same Disease , and had no Symptoms or Token thereof . Also we ( upon Examination of the said Mr. Ivie ) did find him to be clear of the said Disease at that time , Witness our hands , London 30 May , 1651. Thomas Nurse , M. D. Jo. Wedderburne , M. D. Hen. Boon , Chyrurgion . Besides all this ( that there might be nothing wanting to make out the Integrity of my Soul , and the Clearness of my Conscience , before all the World ) I did voluntarily ( for the Court compels none in these Cases to return an answer upon Oath ) make this Affidavit before a Master in Chancery , and at the next opportunity of participating of the Sacrament , immediately before I touched those Sacred Elements , did declare and avouch the Oath , which I had taken , to be unfeignedly true , without any Equivocation , or mental Reservation whatsoever ; and did thereupon print and publish it to the World , as followeth . Thomas Ivie of Malmsbury in the County of Wilts , Esquire , and Husband to Theodosia Ivie , late Widdow of George Garret deceased , and Daughter of John Stepkins Esquire , deceased , maketh Oath , &c. HAving often with Grief and Anguish of Mind , considered those many Scandals and Aspersions which have been laid upon me by my own Wife , from whom my Soul once expected as much Happiness , as could be hoped for in a Conjugal Estate ; and finding how easie the Minds of many Persons , and those of Quality too , have been , not only to give an Ear , but a Faith also , to those abominable Reports , which she and her Abertors have raised and fomented , utterly to abolish ( if in their power ) my Reputation , either as a Gentleman , or a Christian ; both which ( I trust ) have been honourably preserved with much Constancy and Fidelity amongst thousands of Persons in those places where I have had long abode ; lest I might be adjudged guilty in those things , which are only private to our selves , and which cannot admit of any Proof or Witness on either side , her personal and single Affirmation , being the only Argument to induce the World to the belief of so vile and inhumane Actions ; I have thought it most necessary , besides these Proofs which are taken in Chancery , to vindicate my Innocency , not only with a bare Negation , but with such a one as is ratified with the Solemnity of an Oath : This I do the rather , because in these unhappy Cases between the Husband and the Wife , the Answers which are returned to the Petition , are not deposed to , as in other Proceedings in Chancery , neither can I content my self to stop here , but am willing to give the highest Satisfaction that a Christian can expect on Earth , and shall therefore choose such a time as the receiving of the most precious Body and Blood of my Saviour Jesus Christ ( of which with all Humility this day , having strictly examined my own Heart , I intend to participate ) as to declare my Innocency thereupon to those principal points which are objected unto me by my Wife : Were there any other Waters of Tryal under the Gospel , as there was under the Law , I could most safely adventure the drinking of them to clear my self before the World : But this , I hope , will give a plenary Satisfaction to all Godly and Consciencious Persons , who ( if ever ) will give Credit to the words of an afflicted Spirit , will now do it , after such a solemn sort . And I do first upon my Oath say and affirm , that I have been so far from Acting and Committing that foul Sin of Sodomy upon her Body , that I never had within my Breast the least inclination or desire to so vile and abominable a thing ; neither did I ever attempt to perswade her by fair Words and Inticements , or to move her by Threats , or ever used the least force or struggling with her to compass any such Base or Heathenish Design , as the most falsly and opprobriously charged me with . And moreover , whereas on a certain night she was necessitated , in Preservation of her Life , as she had suggested to the Lords Commissioners , and several others , to leap out of the Bed from me , to cry out , Murther , Murther ; alleging , that I offered Violence unto her by pinching , beating , and striking : Now I do protest and depose before Almighty God , that this was done without any such Provocation , even in the least measure ; Nay at the same time , while she was attempting to leave my House , and running to her Fathers , I used all the friendly and kind Perswasions which I could express to detain her , and only holding her by the Arm , without the least hurt as I believe , I often repeated my hearty Solicitations unto her to remain with me : But I do really believe , upon the consideration of several Circumstances and Passages since that time , that both her Out-cry , and her Subsequent Behaviour was design'd before that night . If any thing at that time might be look'd on as a shadow to justifie her Proceedings , it was this , That a little before she leap'd out of the Bed ( amongst other Discourses ) I intimated a Dislike of her Carriage , which was observed by others , towards one who pretended to be her Physician ; This , and this only , was all the Cause and Occasion ( if this be any ) of her forsaking me at that time . And for all other times whatsoever , I do affirm upon Oath , that I never gave her the least stroak in my Life , or ever did so much as pinch her in Jest , to the best of my remembrance , or did ever directly or indirectly , let fall from my mouth any kinds of Threats whatsoever . And I do further Swear , That until such time as she exhibited that foul and scandalous Petition to the Lords Commissioners , that I lov'd her unfeignedly , respected and esteemed her above all Creatures in the World ; and as I laid down my Fortune at her feet when I first married her , so would I have laid down my Life too , for her Good and Preservation . Nay , I do allege further upon my Oath , that notwithstanding that scandalous and false Petition exhibited against me in pursuance of her malicious Designs , she had examined Witnesses to defame me ; yet out of Christian and tender Consideration of the Relation wherein I stood towards her , as a Husband , I was willing from my Heart , and did endeavour ( by the several means of Persons of Quality , allied both to my self and her ) to compose all Differences , that we might for the future Cohabit together in Peace and Content ; and not to regard any Aspersions which she and all her Witnesses , being there examined , had cast upon me , not to retaliate in the least measure , still deferring the Examination of my Witnesses against her , and attending whether it would please the Lord to give her a sight of the Error of her way , and to return her home to her Husband , who was most willing to receive her . As to that Aspersion cast upon me , That I committed Folly with her Servant Iane Gilbert , though I need not say much to it , the Maid her self , and other credible Witnesses , having clear'd me in that point , both in Court , and on her Death-bed ; and convinced the World of the horrid and unheard-of Practices of her and her Abertors , in abusing and exposing the Body of the said Iane to the View and Search of several Men , and suborning her to give in Testimony against me ; yet that the World may know the Integrity of my Soul in this also , I do further Swear , That I never entertain'd within me the least thought of corrupting her Chastity , or did ever commit any unlawful or dishonourable Action with her , from the time I knew her to this day . And lastly , Whereas I am charged by my Wife to have suborned several Witnesses against her , and particularly one Holdsworth ; I call the Lord to bear me Record in this also , and do upon my Oath affirm , That I did never directly or indirectly , procure any Witnesses against her to testifie farther than the truth of the thing , what he or she would knowingly and safely , without breach of Faith or good Conscience , Depose . True it is , that Holdsworth being imployed as a Bayliff to arrest me at the Suit of my Wifes Taylor , for a considerable Sum of Money , which she her self was indebted for , and behaving himself civilly towards me , I gave him five Shillings , and for no other end or purpose ; And upon my Oath , I protest , that I never had any such Communication or Discourse with the said Holdsworth , to any such intent or purpose , as he hath most maliciously deposed against me . Thomas Ivie . Sworn August the 4 th 1652. Thomas Benet . WE whose Names are hereunto subscribed , do Certifie that this is a true Copy of the Oath , which Mr. Thomas Ivie did take before Dr. Bener , a Master in Chancery , which also he avouched to be truth before and after his receiving of the Sacrament , which he received since his last dangerous Sickness : As witness our hands the 5th of August 1652. Nic. Bernard , Doctor of Divinity . John Baber , Doctor of Physick . Thus much ( and I think more cannot be expected or done by a Man ) was offered for my personal Vindication ; and that it may be visible unto your Highness , with what Persons I have dealt withal : I shall summarily recite the heads of those Proofs , which were made concerning this Wife who begged Alimony ; and shew your Highness the blazing Star , which enlightned her in these destructive ways to both our Ruins ( I mean her Aunt Williamson ) concerning whom 't was Sworn , That Mrs. Williamson did ever abuse Mr. Ivie , and was an Incendiary between him and his Wife , and the chief Causer and Promoter of the Differences and Breaches between them , l. A.f. C.l.f. 79. l. C.f. 18. f. 19.27,38 . That Mrs. Williamson perswaded Mrs. Ivie not to go into the Country with her Husband , l. A. f. 60 , That Mrs. Williamson several times spoke scandalous , opprobrious , and disdainful Speeches ( against Mr. Ivie ) ▪ to his Wife , l. A.f. 51. l. B.f. 12. That Mrs. Williamson said Mr. Ivie had the Pox , and had given his Wife the Pox , l. A. f.52 . l. 3. f. 13 , 14. That Mrs. Williamson reported that Mr. Ivie had bugger'd his Wife , l. A. f. 52. That Mrs. Williamson reported , that he had got Iane Gilbert ( his Wifes Servant ) with Child , ib. That Mrs. Williamson told Mr. Ivie ( who by reason of her ill name had forbid his Wife to keep her company ) that she would keep his Wife company in spight of his Teeth , l. A.f. 60. 59. That Mrs. Williamson told Mrs. Ivie , that when she was separated from her Husband , she would enforce Alimony from her Husband for her , l. A. f. 61. That Mrs. Williamson told Mrs. Ivie , that when she was separated from her Husband , they would live together , l. A.f. 62. That Mrs. Williamson brought to Mrs. Ivie a lock of Snelling's Hair , l. B. fol. 27. of which she made a Bracelet , set it with Ribbans , and wore it on her wrist , l. C.f. 29. That Mrs. Williamson bid her wear it next her heart , l. B. f 30. That Mrs. Williamson encouraged Mrs. Ivie to give her Husband base language , l. C. f. 31. and told her , she did well therein , l. C. f. 32. That Mrs Ivy relating , how She had given her Husband ill words , Mrs. Williamson run unto her , and told her 't was well done , l. C. f. 33. That Mrs. Williamson received the Goods , which were embezlled from Mr. Ivy by his Wife , l. B. f. 40. That Mrs. Williamson sollicitated Mrs. Ivy , to let Snelling lie down with her on a Bed ; ( and when she had effected it ) went out of the Chamber ; and left M. Wheatly to keep the door , l. C. f. 43 , 44 , 45. That Mrs. Williamson encouraged Mrs. Ivy , not to give any Accounts of moneys which She had received from her Husband ; Telling her , what was her Husbands , was her own , and why should she account for her own , l. cf. 58. l. A. f. 61. That Mrs. Williamson lived in a house of ill same in a little blind Alley , l. C.f. 72. That Mrs. Williamson seldom lives with her own Husband , l. C. f. 79. That Mrs. Williamson made Snelling a Favourite of Mrs. Ivies ; and that she not only perswaded Mrs. Ivy , but cry'd out unto her to lie down on the bed with the said Snelling , I. C. f. 83. That Mrs. Williamson called Mr. Ivy Clown , and Fool ; and advised Mrs. Ivy not to go with him into the Country , l. C. f. 13. And that he was an ugly fellow , l. C. f. 20. That Mrs. Williamson carried Letters for Mrs. Ivy to her Gallants , l. C. f. 16. That Mrs. Williamson said , She hated Mr. Ivies child , because 't was his , l. C. f. 21. That Mrs. Williamson brought Mr. Snelling to Mr. Ivies house , after he had forbid him , l. C. f. 21. That Mrs. Williamson ( the very next day after Mr. Ivie married his said Wife ) made horns and mouths at him behind his back , l. C. f. 21. That Mrs. Williamson reported that Mr. Ivie had a Whore , and it being replyed , that 't was hard to prove any such thing ; she answered , that she would hire a Whore to lie with him , and take him in the fact , and so obtain Alimony for Mrs. Ivie , l. C. f. 26 , 38. That when Mrs. Ivie said , she should love her Husband very well ; Mrs. Williamson replyed , that if she should love her Husband so well , they should be all undone , l. C. f. 26. That a Fortune-woman looking in Mrs. Ivies hand , and telling her , that she and her Husband should live long together , immediately thereupon Mrs. Williamson wish'd her hang'd for her news , l. C. f. 25. That Mrs Ivie telling Mrs. Williamson , that her Husband gave her so good words , that she knew not what to do , ( meaning , whether she should proceed in the plot against him ) at which Mrs. Williamson answered , Hang him Rogue , Damn him Rogue , l. A.f. 52. How horrid the actions of this Person have been , in some measure is laid open ; but how contagious the conversation ( of this monstrous and unchristian wretch ) is , will be too sadly and experimentally demonstrated by these following Depositions concerning my Wife and her self ; about whom 't was sworn . That notwithstanding the great Estate I had setled upon her , and the vast summs of money I had expended for her use and ornament , which any one would think , ( had been enough to have purchased a common Gratitude and Civility to a Husband ) she immediately after our marriage slighted me to my face , never returned , in the least measure , any reciprocal affection , l. A. f. 39. 1. That immediately after our marriage , she held correspondency with Sir William Kilegrews Son , under the name of Ornaldo , called her self Callis , l. C.f. 15. 2. That the said Killigrew confessed upon his own Oath four Letters that he had sent her , and always writ himself Ornaldo , and her Callis , Kill . own Deposit . 3. That she admitted both Sir William Killigrew and his Son her Corrivals ; and that young Killigrew threatned to kill his Father , and her Husband also , l. c.f. 15. 4. That Sir William Killigrew chid Mrs. Williamson for suffering his Son to be so familiar with Mrs. Ivie , l. C.f. 15. 5. That Mrs. Ivie ( under the name of Callis ) promised to Ornaldo a Courtesie , l. C.f. 15. 6. That Mrs. Williamson was used to carry Letters between them , l. C.f. 16. 7. That if Mr. Ivie did carry her into the Country without her consent , Ornaldo would pistol him , l. C. f. 16. 8. That she received Letters , and held Correspondency with one Mr. Snelling , whom Mr. Ivie had forbid his Wives Company and house , and forbad her likewise to receive him , l. C. f. 15. 9. That Mrs. Williamson brought in Mr. Snelling to Mr. Ivies house , ( after that he had forbad them both ) and Mrs. Ivie received them , l. C. f. 2. f. 18. l. B. 79. 10. That Mrs. Ivie went abroad after her Husband was in bed , to meet Mr. Snelling at Mrs. Williamsons house ; and both Mr. Snelling , and Mrs. Williamson brought her home to her Husbands door , which was about 12 a clock at night , l. C.f. 27. 11. That Mrs. Ivie going out of her Bed-chamber after Mr. Ivie was in bed , and being asked by him whither she was going ? replyed , that she was retiring to her devotion , but went to Mrs. Williamson , l. C. f. 25. 12. That she was with Mrs. Williamson and Snelling , ( who lay there by the name of Clerk ) a whole day , at the Sugar-Loaf in Long-Acre ( a inspected house , ) l. C.f. 11. l. C.f. 25. 13. That she was frequently conversant with Snelling , l. C.f. 74. f. 22. 14. That Mrs. Ivie met with Snelling at a Cooks house of ill Report in a blind Alley in St. Martins Lane , l. C. f 76. 15. That Mrs. Ivie lodged and abode there , out of her husbands house , many days and nights together , l. C. f. 72. 16. That she refused to return to her Husband , when he sent for her , l. C. f. 73. 17. That she being asked by her Husband at any time ( when she returned home ) where she had been , refused to answer , l. C.f. 77. 18. That Snelling had spent a 1000 l. on Mrs Ivie , and Mrs Williamson , B.f. 26. 19. That Snelling came up into Mr. Ivies Bed Chamber with a Pistol in his Pocket , and questioned him ( before his Wife ) for forbidding him his House , l. C. f. 23. That Snelling would defend her with Pen and Sword , l C. f. 23. 20. That Snelling came often to Mrs. Ivie , when her Husband was out of town , l. C. f. 22. 21. That Snelling was frequently private with her in her Bed-Chamber , l. C. f. 23. 22. That she lay out of her House , when her Husband was out of town , l. A. f. 40. 23. That when her Husband was out of Town , she made a great Feast for Mr. Snelling , Mrs Williamson , Mrs Wheatly , Mrs. Nowell ; All three notoriously known to be — l. A. f. 42. At this time the Plot for Alimony , and the practices upon Iane Gilbert ( which cost her , her life ) were in probability contrived . 24. That Mrs. Ivie sent to Lilly , who ( amongst other things ) returned this Caution to beware of two Women , describing Mrs. Williamson , and her Companion Mrs. Wheatly , l. A.f. 57. 25. That she often sent to Fortune-Tellers , and particularly to one Mrs. Nowell aforesaid ( lately Cook maid to my Lady Cunny ) l. A. f. 58. l. C. f. 33 , 34 , 35. All that she enquired of these Wizards , was to know how long I should live . 26. That when Mrs. Ivie was separated from her Husband , then she and Mrs. Williamson would live together , l. A.f. 62. 27. That Mrs. Ivie her self laid Copperis in the Window , and gave out in speeches that her Husband had laid Poyson there , l. A.f. 53. 28. That her Chirurgion , ( being asked how she did , after he had visited her , ) said that her hair came off , and shook his head ; And that he had made her an Issue , l. A.f. 62 , 63. This was above six months after she had left me . 29. That she immodestly said before two , viz. Snelling and Killigrew , that her first Husband had done the part of a man , twelve times the marriage night , But that this Husband had done but eight . 30. That she was two familiar with her own Father , his hands were seen under her Coats , l. C. f. 18. 31. That Mrs. Ivies Father was often in bed with her , l. C. f. 20. 32. That she gave 100 l. to her Brother , and promised to keep his Wife , in case he would murder her Husband ; and procured from the Council of State a Pass to carry him beyond Seas , after the murder was executed . This was proved in the upper Bench the Term , before my Lord Chief Justice Roles ; and she was Bound over to the good Behaviour : The Pass was there produced , and is now in my Custody . Besides these short intimations , many foul and horrid stories ( could I have produced ) of Designs for my Destruction : but because I was not able to make out clear and evident proofs of them , I was unwilling either to trouble the Court , or disturb my own thoughts , with any thing less than Realities and Demonstrations . One History , or rather a Dismal Tragedy , acted by my Wife , Mrs. Williamson , and their conspiracy , was with all its Circumstances , so clearly delineated in the Depositions , that I should wrong my Cause , should I not relate this also : and perhaps few Romance's or Gusman himself can parallel it . It being resolved at the Feast , ( which was held at my house , when I was in the Country ) by my Wife , Mrs. Williamson , Mrs. VVheatly , and Mrs. Nowells ( being the Persons ) for whom that Treatment provided ; That though the Scandals of Sodome were sufficiently high , which had been divulged against me ; and would render me odious to the World : Yet seeing 't was but a matter of Fact between us two in private , which could not be proved more , than by her single affirmation ; and that her own Midwife ( having search'd her for that very purpose ) had so streight a Conscience , that she would not swear that my Wife had been injured in those parts ; Did thereupon conclude , that some other way must be found out , which might admit of Testimonies ; otherwise , they suspected , my Wife could hardly obtain Alimony , or procure a separation from me . Hereupon it seems , This Plot was afterwards put in execution upon Iane Gilbert : It s proved , l. C. f. 115. This Wench they picht upon to be the Instrument of their Design , because she being actually a Servant in my House , it might be thought very easie for me to find an opportunity to lie with her ; and being also of a sickly disposition , it would be no difficult thing to raise a suspition , that she might possibly be with Child , especially , being not well recovered of the Dreggs of the Small Pox , which she had had a little before . Hereupon Mrs. Williamson ( that she might the better colour her Intention privately ) carried this Maids water unto one , whom they call Trigg , a Shoo-maker ( as I have heard ) by Trade , and enquired of him , whether the Party that made this Water , were not with Child ? Trigg ( having good Instructions , and doubtless a large Fee ) Ordered Mrs. VVilliamson to bring the said Iane Gilbert unto him , and he would search her . At her return home to my Wife , there was a new consult , how they might carry the Maid to Trigg , and make her willing to be searched ? leave that to me ( said my Wife ) and immediately went unto Iane Gilbert , and said , Ienny , my Father hath sent for my Aunt VVilliamson and me to Breakfast to morrow morning , and hath commanded me to bring thee with us , because he hath provided a Dish of Milk and Eggs , that which he knows thou dost dearly love : and the maid little suspecting any mischief , couch'd under this pretended Kindness ) thank'd her Mistress ; but by reason of the many cloaths she had to steel and starch against the Morrow , ( being Sabbath-day ) was willing to be excused : Nay , Ienny , replyed my Wife , you must and shall go ; for I know my Father will be angry , if we bring you not . So a Coach being call'd , my Wife , Mrs. VVilliamson , and the Maid went to Mr. Stepkins house , but neither found him , nor the Milk and Eggs : Ah , quoth Mrs. VVilliamson , are we serv'd ●o ? we 'll make a mornings work of it , now we are out ; methinks I have a rumbling in my Guts , pray let us go to Doctor Trigg ; Agreed , said my Wife ; and as they were passing from Mr. Stepkins to Triggs house , my Wife and Mr. VVilliamson ( being very frolick ) began to jest with the said Iane Gilbert , and persuaded her to make Trigg believe , she was a new married Woman , and so that would put a Trick upon the Doctor his skill . After they were all arrived in the Doctors presence , Mrs. Williamson made a private address unto him , and pretended to have acquainted him with the pain in her Guts . But having ended her Tale in private , What think you , said she , of yonder new married Wife ? Trigg ( having felt her Pulse , and bid her spit once or twice ) told her , she was Splenetick , Like enough that , quoth Mrs. Williamson ; But is she not breeding Doctor ? Yes , I warrant you , said he ; so the wench turning about , and smiling , was bid go out by Mrs. Williamson , ( that she and her Mistress might have some private Discourse with Trigg , about the Drink which they had given her ) which she did accordingly , whilst her Mistress , Mrs. Williamson and Trigg held a long Conference together ; when this Scene was over , All returned home . About three or four days after the said Iane Gilbert , having been promised leave by my Wife to go visit her Friends in the Country , for the Recovery of her health , my Wife took her into her Chamber , and said , Ah Ienny , But I have somewhat more to tell you , and thereupon shut the Chamber door , none being present but them two , and Mrs. Williamson , ) 'T is commonly reported , Ienny , quoth my Wife , that you are with Child , and 't is my desire to have it clear'd : Tush , said Mrs. Williamson , if it be so , I warrant you 't is by the Best in the house ; ( meaning my self ) Let us know it , for we can , and will conceal it , and so dispose things , that it shall never be a discredit , or disgrace unto her ; Nay , if she will confess that she was with Child , they would provide for her ; But said they , if you will refuse to let us know it , and go into the Country , we will Report , that you are gone to take some Physick to destroy the Child . The Maid now considering what snare they had brought her into , by going to Trigg , ( as aforesaid ) being persuaded to act the part of a new married Woman , was astonished at this Surprizal , and cryed out , the Lord protect me , for I am very innocent from any such thing ; and withal my heart , said she , will I do any thing , that may give you satisfaction , or clear my self from this Scandal . Look here , saith my Wife to her , my Father hath sent me a Letter , where he says , That Doctor Trigg says that you are certainly with Child ; and if you will not confess , you must be whipped in Bridewell . As they were thus Discoursing , ( often intimating that 't was their Design to make this Maid confess her self with Child by me ) in came Mrs. Sessions , my Wives Midwife , whom she persuaded to search Iane Gilbert , which she willingly submitted unto ; and the Midwife ( in her presence ) acquitted her from being with Child . Hereupon my Wife commanding some tears from her Eyes , wept passionately ( as she seemed ) and breaking into great Passion , said , Ah Ienny , have I loved and entertained thee thus long , been as kind to thee , and as tender of thy good , as if thou went my own Child , and canst thou conceal any thing from me ? Doubtless thou art with Child ; and therefore come , put on your mask , for you shall once more to Doctor Trigg , who understands these things better than any Midwife ; and he will prove you to be with Child : And that you may not think I have any Plot upon you , ( that Objection was very strong within her ) put on your mask , ( that the Doctor may not know your face again ) and fetch your Water ; and Mrs. Sessions shall go with you . The Maid being perplexed in mind , and far from any of her Friends , knew not what to do in this condition : But being urged by her Mistress went again with the Midwife . After the Midwife had given Trigg her Water , and discourst with him privately ; he called to Iane Gilbert , and bid her go up stairs with him : But the poor Wench ( not knowing which to prefer , her Modesty or Innocency ) refused to go with him ; until at length ( being clamour'd at , and absolutely forced up to his Chamber ) she was necessitated to follow him : Where Trigg began to acquaint her , that her Mistress Mrs. Ivie , had told him , that she had been too familiar with her Master , and therefore he must search her : And did thereupon ( in a most rude and violent manner ) force his hands under her Coats , to her naked Body ; and did use her in a most abominable way , &c. And when he had effected his business , he told the Midwife that she was with Child ; though the Maid absolutely and earnestly denyed the same . Hereupon they left Trigg , and returned to my Wife , who having heard the Relation from Mrs. Sessions , what had been done ( being totally unsatisfied ) caused her to be carryed to another Physician , Dr. Hinchley , and shewed him the Water ; and desired him also to search her in like manner : But his Verdict was unlike that of the ( Mountebank ) Trigg ; for he peremptorily avouch'd she was not with Child . Notwithstanding all this could not satisfie the aim of my Wife , and Mrs. Williamson : But once more she must expose her Nakedness to the search of another Doctor , a Man-midwife , Dr. Hinton , who in like manner , as Dr. Hinchley ( notwithstanding Mrs. Williamson and my Wife did earnestly sollicite him to attest that she was with Child ) acquitted her from being with Child ; and would justifie her to be a Virgin. These two Testimonies did no way forward their Design , for by this means , all the pains in Threatnings and Persuasions , ( to acknowledge her self with Child by me ) began to undervalued , by how much the more the said Iane Gilbert had been acquitted by the two Doctors and Midwife , and accused only by that Ignorant Quack Trigg . And therefore seeing the Wench was so obstinate that she would not comply with them , ( and least at my return she might discover this unto me ) a new Project was set on foot , so to terrifie the Wench , that she might leave London immediately . And thereupon they came unto her , and told her , that Mr. Stepkins , my Wifes Father , would do her a notorious Mischief if she would not acknowledge her self with Child : Mrs. Williamson advised the Maid to go for a while into the Country , until Mr. Stepkins's anger was over . Upon this account she was sent away to her Father's House in Hertfordshire , where immediately after her arrival , she received a Letter from my Wife , that her Father Stepkins was so incensed against her , that he would not suffer her any longer to live with my Wife . Notwithstanding the great love she bore , she would not leave her destitute of a Service , but would provide a convenient Place for her . Scarce eight days had passed , but down comes Mrs. Williamson to her ( pretending she had been at Cambridge ) and came out of her way on purpose to see her ; Though 't was evident she came directly from London to the said Iane Gilbert . Insomuch that the Maid suspected some farther ill towards her ( having been formerly so abused ) but parling together about former Passages , The Maid asked Mrs. Williamson , what Ill she had deserved from her Mistress , that she should be so disgraced as she had been ; and though she found her guiltless , she should now be put away ? Well , quoth the Maid , by God's help I will be to morrow in London , and will endeavour to right my self from these Aspersions . Whereupon she found the end of Mrs. Williamson's Journey ( was to hinder the Maid from coming to London ) ( because I was the day before arrived out of the Country ) lest she should see me , and discover what had been done unto her , in order to make her confess that I lay with her , and that she was with Child by me . Mrs. Williamson now perceiving that the said Iane Gilbert was resolved to make a stir in this foul Business , returned with all speed to my Wife , and wished her to think of a way how to hinder her from speaking with me . The next day , as soon as the said Iane Gilbert came to my House , my Wife met her at the Door , and giving her many good words , perswaded her to take a Lodging near that place , ( and change her name ) and that she would pay for it . The Maid ( very much troubled at this usage ) was very pressing to know what Offence she had ever given her : Truly , quoth my Wife , Sweet Ienny , I love thee most dearly ; But the Truth of all is , my Husband and his Friends give out , that 't is unfit for me to keep a Gentlewoman to wait upon me , besides common Servants ; and that 't was their Envy towards her , and therefore she must be gone : But withal assur'd her , that she would provide a convenient place for her . My Wife now thought , that she had ( by this Trick ) made the Maid believe me to be the sole cause of her turning away , and sufficiently exasperated her against me ; yet did not despair of a Compliance from her , and therefore said , For my part , I am content you stay this night , ( that she might farther try her ) and to morrow thou shalt have another Lodging look'd out for thee . But my Wife understanding the next Morning , that I began to parle with the Maid about the passages aforesaid , ( which indeed were communicated to me in the Country ) knockt very furiously for her to come up into her Chamber ; and commanded her immediately to leave the House , and would not suffer her to speak any more to me . Whereupon she went to one Mr. Price's House , a Brother of one of her Fellow-servants , and lay there privately , ( as she thought ) but 't was made known to my Wife , who immediately sent a Maid to sound of what Temper she was , and how she stood affected towards her : And it being return'd , that she was full of Disdain and Passion , by reason of the aforesaid Practices against her ; and that she would forthwith send for her Trunks , they were immediately seized upon by my Wife , and locked up in her Closet . Notwithstanding , upon this Report , the Maid did not send , but came her self to demand her Trunks ; and I seeing of her in the House , began to ask again , why she went away , and upon what occasion that Searching of her ( by Men and Women ) were ? But her Mistress calling her Queane for acquainting me with it , and threatning to strike her for it , denied her the Trunks , and caused her forthwith to be sent away : And the very next day Mrs. Williamson and my Wife gave out in Speeches , ( amongst my Family and Neighbours ) that they had broke open the Trunks , and had found that she had been a Baggage , and a notorious Thief , and stollen her Goods . And thereupon ( the better to secure the Wench , either for complaining of these Abuses , or telling me the Truth of her Usage ) they procured a Warrant from my Lord Chief Justice Roles to apprehend the Maid for her Life , ( having charged her with Felony . ) But finding that the Maid kept in , and that by vertue of the said Warrant , they could not enter any House to take her forth , they entered into a new Project , how the Wench might be secured ( both Tongue and Person ) and also , that they might seize on her wheresoever she was . To this end Mr. Pauncefoot was look'd on as a fit Instrument ( having Relation to the Lord President Bradshaw ) and was desired to procure them a Warrant from the Council of State , upon Pretence that this poor Wench held Correspondency ( with the Enemies of the Commonwealth ) beyond Seas , and so apprehended her : By vertue of which Warrant she was seized on accordingly , and kept close Prisoner eighteen days together with great Hardships . During this Imprisonment , a Gentleman came to this Wench from my Wife , advising her to humble her self to her Mistress , and to confess her self Guilty , and much to that purpose , but she ( being Innocent ) utterly refused any such Acknowledgment . During this Imprisonment , many Petitions ( for to be heard at the Council ) did she attempt to present , but were still kept off by the means of the said Pauncefoot , neither could she ever be heard . At length my Wife and Mrs. Williamson finding nothing could prevail ( after Sorrow and Grief ( in this lamentable Condition ) had almost killed her , they had contrived a meeting for the Wench ( by the permission of her Keeper ) in Moor-fields ; where , as soon as my Wife saw her , she fell into a deep fit of Weeping to the Wench , and told her how dearly she loved her , and that she was in perfect Friendship with her , and earnestly desired that all things ( which had passed ) might be forgotten ; promising withal , ( that in a very short time ) she would abundantly express , how sensible she had been of her late Sufferings . Hereupon my Wife , without ever acquainting or procuring their Order for her Freedom , ( only giving the Messenger of the Council of State 20 l. ) caused the Maid by her own Power ( by which it seems she stood committed ) to be set at liberty . But very suddenly after Enlargement ( her Body being quite spent , and her Mind almost distracted with Grief and Melancholy ) she died ; and in her Death-bed professed solemnly ( that by reason of those Cruelties , which had been practised upon her by Mrs. Williamson and Mrs. Ivie ; and especially by the Operation of a Potion given her by them , ( which upon the words of a Dying Woman ) she believed to be Poyson ) That they had been the cause of her Death ; and that she doubted not but that the Almighty God would require her Blood at their hands . After these things were laid open to the Lords Commissioners for the Great Seal ; I little expected that Vices should be received for Reasons ; that such Abominations should have been thought worthy the Protection , not to say the Encouragement of such eminent Judges ; but with Grief of Heart , and empty Purse , may I say , that I found experimentally their Chancery rather a Court of Oppression than good Conscience ; nay , I have this peculiar in my Case ( that after all Witnesses on both sides were examined ) they never afforded me that Favour ( which they omitted to none ) as to command me and my Wife in Person to attend them , and to endeavour a Reconciliation between us . This I thought hard measure , because I was informed all others had participated of that Civility from them ; and the more hard , in regard my Wife had frequent and private Addresses unto them , and I was never admitted any . The Consideration of this not only astonished me , but gave me a strong Alarm also to be very Circumspect , lest I might have as little Justice in their Sentence , as I had savour in their Proceedings . And that on the other side , when I remembred they openly declared before my Council , that nothing should be concluded without sending for both Parties , and also their Parties ; and also their Order of the 27 of October 1651. that they had denied her any Expences of the Suit , in regard the Merits of the Cause should be speedily heard ; I could not conclude within my self , but that I should be dealt withal according to their own Rules , and Practice of all the of England ; and that a Summons ( upon a day of hearing should be first sent ) e'er any Sentence pronounced , or Decree made in the Cause . But what I often suspected , and was intimated unto me by others , I had now too much reason to believe . For after eight Months ( having all that while never received any command to wait upon their Lordships ) when all my Counsel was out of Town , Iuly 24. 1652. ( Her Counsel Mr. Vincent , and Lieut. Col. Zanchey , her Sollicitor , with a Sword by his side ) presented unto the Lords Commissioners , a final Decree ready drawn ; ( it not being first perused by Counsel of my side , as by the Rules of the Court it ought to have been ) for no less than 300 l. per Annum , ( a fair Sum , and enough to tempt a good Woman to be bad : ) The Draught of the Order is thus . Lords Commissioners . Saturday 24 of July 1652. Between Theodosia Ivie Plaintiff , and Thomas Ivie her Husband , Defendant . WHereas the Plaintiff having exhibited her Petition ( against the Defendant her Husband ) to be relieved for Alimony , unto which the Defendant having put in his Answer , divers Witnesses were examined by Commission , and others were ( by their Lordships Directions ) also examined by the Register , in the presence of Council on both sides ; And for the better clearing of the Matters , and Satisfaction of their Lordships therein , their Lordships were also pleased themselves to examine several Witnesses , viva voce ; And the Cause having taken up many days in hearing , ( after much Debate and Pains spent herein ; And upon full and deliberate hearing of what could be offered on both sides : And upon reading of the said Depositions , and of the Indenture made upon the Marriage ; whereby the Estate of the Plaintiffs Father is settled upon Sir John Brampston Kt. and William Booth Esq to the uses in the said Indenture declared : ) Their Lordships were fully satisfied , that there is good cause to give Allowance for Alimony to the Plaintiff ; And do Order , and Decree , that the Plaintiff have paid unto her the Sum of 300 l. by the year , which their Lordships intend to be had and raised out of the Plaintiffs Father's Estate , so setled in the said Trustrees , as aforesaid , until farther Order : And do therefore Order , that the said Defendant , and the said Trustees , shall authorize , or permit and suffer the Plaintiff , or whom she shall nominate and appoint , from time to time , quietly , and without Interruption , to receive the Rents and Profits of the said Lands : And the several Tenants of the Premisses are hereby ordered to pay the same accordingly , from our Lady-day last ; And the said Trustees , and the said Tenants , in so doing , are to be saved harmless by the Decree of the Court. But in case the said Lands are in a greater yearly value than the said 300 l. per Annum , And that the said Defendant shall at any time signifie so much unto their Lordships , And undertake and sufficiently secure the Payment of 300 l. per Annum , ( quarterly unto the said Plaintiff ) by equal Portions , to begin from our Lady-day last , then the said Defendant is hereby decreed to pay unto the said Plaintiff , the said yearly Sum of 300 l. accordingly , until further Order , at aforesaid : And that the said Trustees are in such Case to permit and suffer the said Defendant , and his Assigns , to receive and enjoy the Rents and Profits of the said Fathers Estate , ( any thing herein contained to the contrary in any wise notwithstanding . ) Rob. Dod , Deput . Regist. Being advertized by a Friend of these irregular Proceedings , and perceiving what a Considerable part of my Estate was aimed at , I addressed my self immediately with this Petition to the Lords Commissioners , August 19. To the Right Honourable , &c. The Humble Petition of Thomas Ivie Defendant , Husband to Theodosia Ivie , Plaintiff . Sheweth , THat several Papers have been brought to your Petitioner , intituled ●● Orders from your Lordships , but without any Subscription of the Register , or his Deputy . That at the end of one of the said Papers 't is mentioned , that unless cause ( at the next Privy Seal ) be shewn to this Court to the contrary by the Defendant , That 300 l. per Annum , therein mentioned , shall be decreed : But on what day the next Privy Seal will be , or in what place , is not expressed in the said Paper ; Neither can your Petitioner ( by all possible means and industry ) find when and where he may attend your Lordships . Insomuch , that your Petitioner hath just Ground to fear ( if any such Order be ) either he may be surprized , or a Decree might pass against him , without his Knowledge of the time , wherein he might make his just Defence , especially all his Papers being at present in the Custody of his Sollicitor , Mr. Cox , who is not in Town . In tender Consideration whereof , may it please your Honours to declare , whether any such Order was made by the Court ; and at what time and place your Lordships have or will be pleased , peremptorily to appoint , to hear the Defence of your Petitioner , who with all humility and willingness , will attend your Lordships ; Hoping by God's assistance , to give a full Demonstration of his Innocency and Integrity ; and to wipe off all the foul Aspersions whatsoever , which have been cast upon him , to ruine both his Person and Estate . And your Petitioner shall ever pray , &c. All the Return ( that I could obtain from the Lords Commissioners ) unto the said Petition , was this ; Let Mr. Ivie attend us , to shew us Cause , according to the last Order , on Tuesday next . 19th of August 1652. B. Whitlock , R. Keeble , J. Lisle . On the Tuesday following I did attend in Person , but without any Counsel ; all being in the Circuits with the Judges : And if could have found any , it had been almost impossible to have fully instructed them in the Cause , there being so many Depositions , and those of so great Length . Whereupon I renewed my humble and earnest Request unto them , with all the Vehemency I could express , That they would make no Decree , before they heard the merits of the Cause on both sides . Notwithstanding , I found 't was their Resolution to sign that Irregular Paper , and to declare before-hand , that they had found just Cause for Alimony ; The Preamble of the Decree being full of Reflections , and containing several Insinuations against me : All that they thought fit to add , was this Clause , [ Vntil further Order . ] A dear Expression in Chancery , and as costly as the other , [ Vnless he shew Cause . ] Now , and not before , was the Order ( which they commonly call the Decree , having put the Great Seal unto it ) delivered unto the Register to enter , which first ought to have been drawn by him , and then perused by Counsel on both sides . Had any one but heard , what smooth words the Lords Commissioners gave me at this time , telling me , That it should not be prejudicial unto me , and that they would hear my Counsel at any time , come when I would , and that 't was but a Temporary thing , and that they would deal tenderly with me , in so tender a Case , as between Man and Wife , one would have almost been persuaded , that it had been my duty to have given my consent also : But though there was Honey in their Mouths , yet was there too too much Gall in their Ink , and Wormwood in their Decree . Had they but considered the Deed of Covenant which ( they professed ) they had perused , 't would have appeared very evident , that there was no shadow for so great allowance , as 300 l. per Annum : When her Father himself , and my Wife also made to me a Proposition , of giving her the liberty of living where she would , and setting out for her fit allowance , they themselves did desire , no more but 120 l. per Annum Depos . l. Besides of the Articles ( in my custody ) which they caused to be drawn to the same Purpose . But I suppose the Lords Commissioners were so far from considering what they signed , that they never read the Deed , which they mention ; nay , I think , I may safely say ; They did not , or would not consider the Act it self , for Alimony . For that Act impowers them , to give only such Alimony , as is proportionable to the Fortune which the Woman brought ; and that also to be raised out of the Husbands Estate . Whereas the truth is , she hath not ( in all her Proofs ) proved , that she had been , or in probability could ever be worth a Penny to me . And as for that Estate , which the Lords Commissioners did decree unto her , 't is true , I had an equitable Title unto it ; but it really did belong to the Heir , at Law , until such time as I had performed some small Covenant . Insomuch that Mr. Stepkins , his Son and Heir , also was injured by these proceedings of the Lords Commissioners ; for which he hath often made his Complaint , as well as his just Title in Law , though to little purpose . I know full well , what shadow the Commissioners put on this dealing ; but whether it be just and righteous , I submit to your Breast , and that is thus . That although it was Convenanted , between Mr. Stepkins and my Trustees , that in case I did not perform all the Covenants ( to which I had obliged my self ) then was the said Estate of 240 l. to go to the use of the right Heirs of the said Stepkins , until such time as I should perform . By virtue of this Clause , did young Stepkins , lay claim to the said Estate . Yet say the Commissioners , that Mr. Stepkins the Father ( Who had reserved unto himself the Remainder of the said Limitation , to me and my Wife ) made a Will ; and by that Will had acquitted me from any further Performance ; insomuch that the Estate was now totally belonging unto me . This I believe my Wife told them ; and peradventure shewed them such a Will ; and this is their Ground : But by their leave , I cannot think , till such a Will be legally proved , That it can be any Ground for them , to give away the Estate in such manner , as they have ; upon a bare suggestion of one Party , for whose interest and profit it was . Certainly had they been as conscientions Judges ( as they are Judges of Conscience ) they would have first caused her to prove the said Will , ( which then had clear'd the Estate from the claim of my Brother Stepkins , and saved me the expences of some Suits in Chancery , for no other end than to get the Will produced , which to this day , I am not able to do ; Notwithstanding I have a Bill of Complaint depending before them for that purpose . ) Nevertheless all these discouragements , it pleased the Lord to give me a proportionable measure of Patience , to submit unto his correcting hand ; and in the most sore Afflictions ( which I have undergone ) he hath not with-held his loving kindnesses from me , nor the sweetness of his refreshing Spirit ; though many Oppressions and Grievances were daily multipled , and many new Suits at Law were let on foot against me by my Wives means , who now seemed justified by them ; and my self vilified and undervalued . Yet was I not clamorous at their Bar , neither was I ever admitted to any private Speeches with them : or indeed did ever seek it ( being confident ) that my cause wanted the Protection of Justice only , and not favour ; but waited , still expecting when they would put their good Promise in Execution , and send for us , and endeavour a cordial Reconciliation between us . But after two months were expired , and hearing nothing from them to that purpose ( though many several Friends of Quality had moved them thereunto ) I addressed my self with an humble Petition for a hearing . After it was read , they appointed a day ( though it was somewhat far off ) yet it did abundantly revive me , hoping that that day would be the end of my trouble ; and that then , my Reputation and Estate , might be repaired ; my Person freed from the continual molestation of Catchpoles ; And my Wife her self ( whom I had perfectly forgiven ) restored unto my Bosom . The Order which the Lords made in Answer to my Petition , was this . Saturday 29th of April , 1653. Between Theodosia Ivie , Plaintiff , Wife of Thomas Ivie , Defendant . UPon the Defendants Humble Petition , ( this day preferred to the Right Honourable the Lords Commissioners for the Great Seal of England ) shewing , That in the unhappy difference fomented by evil persons between the said Parties ; and the said Plaintiff hath petitioned their Lordships for Alimony , ( being separted from her Husband ) without his Consent ; Thereby intending to live a-part by her self ( contrary to the Marriage Stipulation ) to the destruction of the mutual happy Comfort , ( that might , and ought to be between parties so nearly joyned ) pending with Suit ; Their Lordships ( as Iudges of good Conscience ) did often move her to Conformity and Reconcilement , chiefly desired by the said Defendant , but the Plaintiff refused ; And by an Order of the 24th of Iuly last , their Lordships were pleased to appoint her 300 l. per Annum out of her Fathers Estate , until further Order ; And the said Defendant ( being daily arrested and troubled for the said Plaintiffs Debts ) cannot walk the streets , without molestation , by the Officers and Bailiffs ; It was prayed , That some day ( as soon as to their Honours shall seem meet ) may be appointed to hear the Defendants Reasons , and the merits of the Cause , why the said Order should be nulled ; To command the Defendant and his Wife to be personally before their Lordships at the same time ; so that there might be a final Conclusion of these unhappy and unnatural Differences , under which the Defendant hath long groaned , to his utter Ruine : Their Lordships do thereupon Order , that Counsel on both sides be heard in the Business the first Day of Causes in Trinity Term next . Iohn Sandford , Deput . Regist. My Hopes and Expectations being now raised from the Dust , I considered with my self , how I might represent the Case between me and my Wife , with the least prejudice to her : For upon some Debatings about the Witnesses I had examined against her , I found the Breach still made wider , by her Lawyers aggravations , than it was really in it self ; what was but a scar , they would tear open into a wound ; nay , they preferr'd a seeming Rhetorick so far before a Christianity , that rather than they would exasperate , they would speak Point Blank , to the very Papers they held in their hands . And therefore , to prevent the like Inconveniences , and aiming at a perfect Reconciliation , I drew up all ( that Counsel could be instructed in , or could offer at the Bar ) into writing , and for each Commissioner had a Paper ready to be presented ) as follows . To the Right Honourable the Lords Commissioners for the Custody of the Great Seal of England . WHereas the Daught of an Order was on Friday August the 13th made , and presented unto your Honours by the Counsel of the Plaintiff , and Mr. Zanchie her Sollicitor , not entred into the Registers Book or drawn up by him from any Notes taken in Court , or was ever perused by the Defendants Counsel before it was signed , according to the Rules of the Court ; in which Order it was mentioned , that 300 l. per Annum should be raised out of the Fathers Estate , which was setled at the Marriage upon Sir John Brampston Knight , Orlanlando Bridgman , Esq and William Booth , to uses , &c. and upon the reading of it , it was ordered by your Lordships at the same time , that unless the Defendant should shew cause at the next Privy Seal , a Decree should pass accordingly ; And whereas it was ordered by another of August the 19th , That on Tuesday following the Defendant should attend , and shew Cause why the said 300 l. per Annum should not be decreed ; May it therefore please your Honours to consider these following Considerations , which are all proved upon Oath , and good Evidence ; wherein he hopeth it is sufficiently cleared , that the Plaintiff neither ought to have any Alimony out of that which was her Fathers Estate , or out of her Husbands . Mrs. Ivie , the Wife of Thomas Ivie , suggesteth by her Petition to the Lords Commissioners , That her Husband hath deserted her , and left her no means to live ; That during her Cohabitation with him , she was in danger of her life , and became very weak , and for peril of receiving from him diseases of dangerous consequence , she cannot Cohabite with him , and prays Relief . The Question is , Whether in this Case she ought to have Alimony . In which it will be pertinent , to consider the near conjunction that is between Man and Wife , and whether they be of equal Authority , or there be a Superior , and in whom that Superiority resteth . 1. The Original female Ancestor was taken out of Man , and by the Marriage-bond were made one flesh , though several Individuals , like the Celestial Gemini , that makes but one Constellation ; but the Government was placed upon the Man by God himself , who gave the Law in Paradise , saying , Thy desire shall be to thy Husband , and he shall rule over thee , Gen. 3. v. 16. 1 Cor. 14. v. 5. 34. and by the Apostle remembred , That Women are commanded to be under obedience ; so saith the Law ; and that they submit themselves unto their own Husbands , as to the Lord that is supreme , Eph. 5. v. 22. Thus far for the Divine Law. 2. The Common Law says , That a Woman that is married , is not sui Iuris , but sub potestate Viri , hath no will but her Husbands , though she may have a Stomach ; therefore the Civil Acts she does are void in Common Law ; she can neither take nor give any thing without her Husbands consent ; She can have no reparation for any wrong done unto her Person by her self , without her Husband , and the damages that shall be recovered , shall go to the Husband and not to the Wife ; And it is further to be considered the extention of that word Potestas ; It is of a great latitude , for Soveraign Princes and Governours , though they have rule and power of the People ; Yet they cannot beat , wound , or kill the People under them , nor do any thing to their Persons corporally ; but according to their Laws , by Sentence or Judgment : But the Husband hath power of Correction upon the Body of his Wife , and Servant , according to his own Judgment , so as he doth not wound nor kill , and is not prohibited by any Law. 3. The Civil Law ( as I take it ) agrees with the Common Law ; then it must follow by necessary consequence , that a married Woman without leave cannot depart from her Husband , which she must evidence by proof , no more than a Servant from his Master , a Subject from his Soveraign into forreign parts , who by his Missives is to return upon forfeit of his Estate ; which makes good what was said before , that she is not sui Iuris , and in some sort expounds and explicates the potestatem Viri in Vxorem ; for the Master may seize and carry away his Servant , if he find him , or implead him that shall keep him , and recover damages for the time he keeps him ; so may the Husband by his Wife ; which shews the propropriety and interest which the Husband hath in his Wife , and for loss of her society and company ( though no other harm be done ) he shall recover damages against the detainer . Nay the Husband could not repudiate his Wife , but in case of Adultery , for that the Bill of divorce spoken of in the Old Law , was not given by God , but permitted by Moses , to prevent a greater mischief ; for the Iews are cruel Men to their Wives , and to prevent Vxoricidium , he gave way to it , Sed non fuit sic ab initio . The Case thus stated upon the impotencies and non-ability of the will of the Wife , and the just Rule and Power of the Husband over her Will and Person ; t is considerable , whether by Law or Reason , a Wife departing without leave , shall have allowance to live separate , which is called Alimony . Alimony is a Thing not known at the Common or Civil Law , but indulged , and brought in by the Pope and his Canons , and very much put in Use by the late High Commission and Prerogativive Court of Canterbury , wherein , upon Sentence of Separation from Bed and Board given by that Court , the Husband was enjoyned to make allowance to the Wife , and the Husband enforced to give security for the payment , and many times imprisoned upon failure of performance ; yet in those cases , both of Bonds and Imprisonments , the Husband upon Habeas Corpus returnable in the upper Bench , where by Judgment of that Court , discharged of both , if the Husband cohabit , because the Law says , Quos Deus conjunxit , nemo separet . So as without the Husbands consent no separation could be made , and if no separation , no Alimony . Nor were personal Infirmities or Diseases contracted after Marriage sufficient cause for such separation , because she may Board though not Bed with such a Husband ; but where the temper of her Husband was more severe and violent than discreet , That Court by the wisdom of prevention , which is better than the wisdom of remedies , did use , by way of caution , to take bond for the Husbands orderly usage of his Wife , to prevent the cruelty , whereof they had no Jurisdiction , but only in causes and salute Animae , and not pro reformatione Morum , which belongs to the Common Law , and where upon complaint by the Wife in that kind , the Common Law will enforce the Husband to give bond to secure both life and member of his Wife from maim and death . And certainly Reason is against it . 1. Reason commands obedience to Superiors , generally the Apostle puts it further , for Conscience sake , and disobedience is not cherished by any Reason . 2. One end of Marriage is Mutual Society and Comfort , would be avoided by the Act of the Wife , which is not to be admitted upon the petulant Allegation of difference betwixt her and her Husband upon personal Infirmities . 3. Marriage it self , and all the Laws of the Wifes subjection and capacity by so long time pronounced and received , by this means would be avoided . 4. If God himself was pleased to say , it was not good for a Man to be alone , then surely we may safely say , it is not good for a Woman to be alone ; for though they are the weaker Vessel , and have the lesser Reason , yet they have the stronger Passions , and more violent Desires , and so more subject to Temptation and Sin. 5. For the inevitable Danger of illegitimate Bastards , and Clandestine Issues ( where the Wife is separate ) who concealed it till the Husbands death , are yet inheritable to his Land ( though never begotten by him ; ) This Inconvenience sadly weighed , and how Epidemically it may run to all Families of this Nation , is of it self a sufficient convincing Reason , to bridle the rash hot appetite of inconsiderable women , and avoid all Alimony . But on the other side , if any Husband shall be so unjust to his Wife , and unkind to his own Flesh , whom he is bound by Law to maintain , as to separate from her , and will not cohabite with her , Nisi propter Adulterium , or will consent to separate , it is most reasonable he should allow her convenient maintenance ; else he should take advantage of his own wrong and humour , and Women should be in a worse case and condition than Servants , who , during their contract , must have their Wages , which between Husband and Wife ends not till death . And it is conceived the Act of Parliament , which impowreth the Lords Commissioners of the Great Seal to allow Alimony , chiefly and naturally intends Relief , where the Husband doth repudiate , and not the Wife ; the words being upon consideration as well of the Portion or Estate that hath been paid , or come to the Husband by such Wife as shall pray Relief . And therefore in this particular Case , it may be very justly insisted , even from the Sence and Letter of the Act ; as also that 't was Mrs. Ivie separated her self from her Husband , 't was not her Husband left her ; Nay , after she was gone , he used all affectionated and prudential means to bring her home to Cohabit with him , neither doth he desist in the prosecution of it , but hath several ways attempted it , even until this day , and doth still declare and protest his willingness to receive her , whensoever she will Return , and give security for his well Usage of her . That she wanted nothing before her departure , but was indeed maintained far above her quality , is most clear from the Depositions , and it is clear also from the Depositions , that there was no deserting of her by her Husband , but that her departure was absolutely upon Advice and Consideration design'd by her self and her Abettors , especially if your Lordships please to remember those unhandsome correspondencies held by her with Gentlemen under feigned names ; her frequenting and meeting them in scandalous houses in Long-Acre and other places , at unseasonable times of the Night , under the pretence of withdrawing from her Husband ( being a Bed ) to her Devotion ; Those horrid and detestable plots upon Iane Gilbert , even to the losing of her life ; Her charging her Husband with foul diseases , of which he was cleared upon Oath by the President of the College and other learned Physicians ; And also her Contrivances and Sollicitations to her Brother Iohn Stepkins to murder her Husband , which appears by the Oath of the said Stepkins . Moreover seeing that there is a Caution in the Act , that the allowance to the repudiated Wife ought to be proportionable to the Fortune she brought her Husband : May it therefore please your Honours to understand , 1. That he never received any penny Portion as yet , and hath great reasen to doubt whether ever he shall . 2. Because the Estate of her Father is at the present in the aforesaid Trustees , and not in the Defendant , nay it is so setled on them , that unless I can raise and secure 4000 l. more besides 7000 l. already laid out , they are not obliged , neither will they , nor can they convey it to the Defendant , as appears by the Indenture of Settlement . 3. In case they should convey and settle on the Defendant the said Estate , 't is only for his life , and no longer ; for which Estate , being only 240 l. per Annum , He has disbursed and laid out far more money than it is worth ; this appears from the Indenture ( viz. ) a 1000 l. to Mr. Stepkins in ready money , to free the Estate from incumbrances three years since . The Interest whereof comes to 200 l. In Jewels , Pearls , Ambergreeze , Bezoar , &c. to the value of 1200 l. There was also spent in Law to enforce the Trustees , who were kept back and hindred by Mr. Stepkins her Father , to settle the Estate according to the Covenants , and for the Fine and Recovery 200 l. more at least , which makes 2600 l. That notwithstanding all the aforesaid Sums of Money have been laid out by the Defendant , the Trustees do still refuse to convey the Estate to the Defendant , and the Plaintiffs Brother ( as Heir at Law ) hath since the Death of his Father , got the Possession of the Estate , and receives the Rents , Issues and Profits thereof : Insomuch that the Defendant hath been necessitated to expend great Sums of Money to maintain several Sutes at Law , both against the Trustees and Heir at Law , in Preservation of his Estate for Life , which he has so dearly bought as aforesaid . That by the Plaintiffs means there has been consumed and wasted of his Estate 4000 l. ( viz. ) 3000 l. since Marriage spent on her , 500 l. given in Money , 100 l. given to Gentlemen of her Familiar Acquaintance , to perswade her to go into the Country , 300 l. taken in Silks and Plate from the Defendant , whilst that he was at the Court of Aldermen : He has also contracted several great Debts to the value of 3000 l. besides 1000 l. spent in this unhappy Sute , and must therefore necessarily ( in case 300 l. per Annum be taken from him ) be cast into Prison the most part of his Life ( he having but 632 l. per Annum of his own Estate ) and that for his Life only , both to pay all his Debts aforesaid , and to live on beside . Excepting the 240 l. per Annum , which if it be recovered from the Heir of Stepkins , and recovered by the Trustees , all which will yield but a scant and bare Maintenance for himself , Wife and Family , to raise out of it 3000 l. for the Creditors , and 4000 l. more according to the Indenture of Settlement , unless the Defendant be acquitted and discharged of the said 4000 l. by the last Will and Testament of the Plaintiffs Father , in whom the remainder of the Estate was , in case the Defendant should have no Issue , or not perform the Covenants which he stands obliged to perform in the said Deed : And though the Defendant is credibly informed , that the said remainder is disposed of to the said Plaintiff , and the Defendant is also acquitted from all performance of any Covenants expressed in the said Deed of Settlement ; Yet so it is , that the Plaintiff having got Possession of the said Will , and by Combination with Sir Iohn Brampston Kr. &c. his Son , the sole Executor of it , still keeps and detains the said Will from being legally proved : Insomuch that the Defendant cannot make any Benefit of the said Estate , nor by Law enforce the Plaintiff to produce the Will ( she being his Wife . ) That this is not a bare Suggestion , I doubt not but is very evident to your Lordships , she and her Sollicitor Zanchey having often avouch'd in your Lordships presence , that both there is such a Will , and that your Lordships have seen it : This is also very well known unto her Council Mr. Maynard , who caused to be delivered unto Sir W. Row a true Copy of the said Will taken from the Original , which was long in his Custody . But such is the Plaintiffs Malice to the Defendants Person and Estate , that she still suppresses and hinders the proving of it , which is the sole cause of the Continuance of many great Sutes and vast Expences to the Defendant , both with the Heirs at Law , the Executors of the said Will , and the Trustees of the said Estate ; That both the Defendant and Plaintiff must necessarily be defeated of all Hopes of ever enjoying the Father's Estate for the future , unless the 4000 l. aforesaid be raised and disposed of , according as is limited and appointed in the Deed of Settlement , or the said Will proved , for in Default thereof , the Trusttes are obliged by the said Indenture to settle the said Estate on the Plaintiffs Father , and his Heirs for ever . And the Estate is not as yet recovered by the Defendant , but is still invested in the Trustees , ( who are no Parties to these Proceedings ) and in the Possession of the Heir at Law ; Insomuch that no Alimony , as the Defendant is advised by his Counsel , can be ordered from hence , because the Ordinance of Parliament impowereth the Lords Commissioners to allow the Maintenance out of the Husband's Estate , not out of any others whatsoever . And the Plaintiff hath or ought to have in her Custody 1200 l. worth of Jewels , which were delivered her according to the Indenture of Settlement at the Intermarriage : And in case the Defendant survive her , ought to be restored to the Defendant , who hath too great reason to suspect that they are wasted and embezelled ; and therefore the Defendant humbly beseecheth your Lordships , that instead of giving her Alimony , you will be pleased to force her to give good Security unto the Defendant , or bring the Jewels into Court , that so he may not be cheated of 1200 l. by the Plaintiff and her Abettors ; and unless your Honours yield to secure the said Jewels whilst this Cause depends before you , he doth not conceive where or how he can be redressed from any Court of England . That about the beginning of these Unhappy Differences , it was proposed both by the Plaintiff and her Father , that in case she might have her liberty to live where she would , that she would accept of 120 l. per Annum , for her Maintenance , and look on it as a very good Provision ; which accordingly was agreed upon , and drawn into Writing , and Engrossed , by and with the Consent of Sir Iohn Brampstone her Uncle , and Orlando Bridgeman Esq two of her Trustees ; her Father also promising that his Estate should be setled according to the Covenants on the Defendant , without further Sute of Law ; but the said Defendant was unwilling to Seal it , being very tender to Act any thing that might separate him from the continual Enjoyment and Society of his Wife ; so that 300 l. per Annum is more than her self , Father , Trustees and Friends , did think fitting by 180 l. per Annum . That the Petition it self is both False and Scandalous , and hath been disproved by several Witnesses ; nay the contrary also proved by Persons of Quality , that she lived very Plentifully in great abundance , rather beyond , than under her Quality in every respect , as the Defendant hopeth is most visible to your Honours . That notwithstanding such vast Sums have been expended on her by her means , and that the said Defendant is to pay to Creditors 3000 l. and to raise 4000 l. more to be secured unto the Trustees as aforesaid ; And that in case he recover the Plaintiffs Father's Estate , 't will not , with his own , make above 872 l. per Annum , out of which all these Moneys must be raised ; and in case 300 l. per Annum of this shall be taken away out of the Plaintiffs Father's Estate , which he has dearly bought , and purchased ; That 't will be impossible for the Defendant to avoid perpetual Imprisonment , but must be kept in Goal , and the Creditors Defrauded , and must there perish , and himself be cheated also of 1200 l. worth of Jewels ; yet he is most willing to receive her , and take her , again , and forget all former Passages whatsoever , that so they may be for the future lead a peaceable and godly Life together . Counsel also I did retain , very many , and great ones ; That in Case the Lords should refuse the Papers , and would not hear the Merits of the Cause in Publick , ( in regard I might not be wanting , to lose the opportunity of that Time which they had ordered for me ) I drew up also to be rendred at the same time ( that ( if it had been possible ) I might have prevented both Reading and Arguing too ) this short Petition following . Theodosia Ivie , Plaintiff , Thomas Ivie , Defendant . To the Right Honourable the Lords Commissioners for the Custody of the Great Seal of England . The Humble Petition of Thomas Ivie , Defendant . Sheweth , THat your Petitioner ( with much Horror and Amazement ) doth consider the great unhappiness of his future life , if your Lordships shall both separate him from the Society of his Wife , and take from him so great a part of his Estate , having such great debts to pay , as have been made appear to your Lordships . That he cannot Despair in the infinite Mercy of God , in whose hands are the hearts and desires of all Mankind , But that his Wife ( notwithstanding such vast sums of Money have been wasted , and such odious aspersions cast on him ) may yet return , and take Comfort from her Husband ( being passionately desirous to receive her ) if all Christian and prudent means , may be applied . That for your Petitioners part , he doth ( as in the presence of God ) forgive her from the bottom of his Soul , and is most willing to cohabit with her , so long as he liveth on Earth . That he hath often desired to express unto her , and used all the Industry ( as Man can imagine ) but once to speak with her ( even before any of her Friends , to let her know so much ) but could never obtain any such meeting from her . In Order hereunto , he very willing that a Godly and Conscientious Divine , ( may be received to live in house with your Petitioner and his Wife , ) both to exhort and instruct them in their Duties towards God , and one another ; and to perform all Gospel , and Family-Duties amongst them : for certainly the Lord will not deny a Blessing on those means which he hath ordained ; and which is unfeignedly sought after by a broken and contrite Spirit . And your Petitioner will oblige himself to allow any such Minister 50 l. per Annum , besides all other conveniences whatsoever . May it therefore please your Lordships , not to pronounce any such hard Sentence ( as Separaration ) but rather enjoyn your Petitioner and his Wife to live together ; and to appoint any honest and religious Divine to live with them , who may ever be at hand pray with them , and for them , and keep up their Spirits in Peace and Unity together . August 24th . 1652. And your Petitioner shall pray , &c. Thomas Ivie . When the Day came , and the Counsel began to speak , my hopes were quickly commanded to vanish , and the Counsel to hold their Peace ; for they suddenly declared , That they would not hear the Merits of the Cause . With much pressing , Mr. Lisle read the Petition ; And though they took evident notice of it , yet would they not return any Answer to it ; or so much as demand of my Wife , ( who stood there laughing in their Presence ) whether she would return to me , or no ; Only they were pleased to find fault with that word [ Separation , ] And told my Counsel , That they neither had , or could separate our Persons . These words they had no sooner spoke , but ( I confess ) I laid hold on ; though I had been most hardly and severely dealt withal , in the judgment of those that were present . Insomuch , That now I did despair , ever to find amongst them , and indeed , did determine to commit my Cause unto God , until ( in his due time ) he should raise up Judges in our Israel , who should execute Righteous Judgment , even upon those Judges themselves . But in the mean time , I was advised ( which was very agreeable unto my own Disposition , not to leave any thing unattempted , which might be thought advantagious to a union of Us , ) but to go personally to my Wife , and persuade her my self , to leave those Persons who aimed at both our Ruines , And to return to me , ( passionately willing to receive her . ) And if she should , ( notwithstanding ) refuse to speak , or go with me , then to demand her of those Persons who received her into their houses . Accordingly , ( taking two civil Gentlemen ) I went to her Lodging , but received a Repulse from her , instead of Compliance ; and then , seeing Mr. Williamson ( who kept the house ) I required from him the person of my Wife , who refusing her , was sued by me . And upon the Tryal before my Lord Chief Justice Roles ( a renowned Person ) had a Verdict , Judgment and Execution of 100 l. against the said Williamson , for detaining my Wife from me . Many Counsels there were to argue the Case ; and the Decree in it self ( under the Great Seal of England ) was opened , read and shewed the Jury : But my Lord Roles quickly stated the resolution of the Case in my behalf , and the Jury gave me 100 l. damages . Williamson ( now finding himself in a great Dilemma ) either to deliver up my Wife , or himself , to ruine ; and my Wife in so bad a condition , ( notwithstanding her glorious Decree ) that although she had 300 l. per Annum , yet if she could not take the liberty of her old Companions , or any new one ( wheresoever she should be entertained ) for fear of Judgment and Executions ; began to take new Counsel , how to free Mr. Williamson and her self from this bondage of living under the Roof of a Husbands House ; and the truth is , sollicited it to the purpose ( amongst her old Patrons ) the Lords Commissioners . For with all speed , Williamson prefers a Bill in Chancery to be relieved against my Execution . And after he had preferred his Bill ( though my Answer was so clear , as it could not admit of one exception ) moved for an Injunction ( after Judgment and Execution granted at Law ) and to protect him for keeping away my Wife ; which was granted in these words , ( as fully as he could desire ) being ingrossed in Parchment and sealed . THE Keepers of the Liberty of England , by Authority of Parliament ; To Thomas Ivie , Esquire , and to his Counsellors , Agents , and Sollicitors , and every of them , Greeting . It was informed in our Court of Chancery 10 November instant , in the behalf of George Williamson , Plaintiff , against you the said Thomas , that the Plaintiffs Bill is to be relieved against an Action and Iudgment , thereupon obtained against the Plaintiff , upon pretence of the said Plaintiffs detaining of your ( the said Defendants Wife ) from you ; and it appearing in a Cause of Alimony , between you , the said Defendant , and your Wife , that their Lordships decreed her Alimony , during Separation ; In which time , she ought to have a Habitation a part from you the said Defendant , as well as a separate maintenance , or else , the Decree were groundless : And we conceiving the doings of you ( the said Defendant ) to be altogether unjust , Do command and by these Presents strictly enjoyn you the above-named Thomas Ivie , and you his said Counsellors , Attorneys , Agents , Sollicitors , and every of you , under the pain of 500 l. to be levyed of your Lands , Goods and Chattels to our use , That you , and every of you , ( do from henceforth ) surcease and forbear all further Proceedings ( at the Common Law ) against the Plaintiff upon the said Action and Iudgment thereupon , until the said Cause shall be finally heard and determined before us in our said Court ; And this you , nor any of you , may omit in any wise ( under the penalty aforesaid , ) Witness , our Hands at Westminster 10 November , 1653. Vera Copia ex May. This Injunction ( being now Granted , Signed and Sealed , with the Commissioners Hands under the Great Seal of England ) is the Accomplishment of all their Designs ; and the compleating of my Misery ; though the Courts of Law , both could and have ( in some measure ) relieved me ; yet is the power of it restrained by this Injunction ; which indeed I suppose can be called nothing else , than a perfect Separation and Divorce : Whether the Chancery ( being stiled the High Court ) ever receives from any Parliaments , such an unlimited power as this ; It behoves them to make our unto your Highness . 'T is the Opinion , both of the greatest and honestest Counsel of England ; That no parallel for this Case , no President of the like Nature , is to be found on Record ; Nay , they are not backward to aver , That it is as contrary to the Word of God , the Law of the Nations , the Civil Law , the Law of our own Country , as well as the Practice of the Chancery it self . Once did that Court ( by its own Authority ) issue out a Sequestration upon a Gentlemans Estate , and it was by very many Persons admired , and murmur'd at ; but never could I hear , that they ever sequestred Women from their Husbands . Were there not a superiour Jurisdiction over this Court , ( whose Determinations seems too too Arbitrary , ) being gounded solely upon the Opinions ( not to say the Passions or Affections ) of two or three Erring men , what a miserable Bondage and Slavery were this Nation in ? What Benefit could we expect from all the good Laws of former Ages , if their power may be quell'd , or supprest at the pleasure of the Chancery ? They might have ( for ought I know ) made an Injunction also , that I should never complain ; and if I had attempted to have made known my Case , to have laid me by the heels . But blessed be the Name of our God Iehovah , whose extraordinary Providence hath been visible in this Land , that he hath raised up and setled your Highness to be next under himself the Supreme Dispenser of Justice and Righteousness to these Nations , which the Lord has happily placed under your Highness Government . By which means we have a just confidence to be assur'd , having had many Experiences already of your Highnesses singular piety and justice in those several Stations where the Lord has formerly placed you . That there shall be no more complainings made , either in our Streets , or in the very Corners of our Country , but shall be heard , and relieved , even against the Great Ones amongst us . 'T is your Highness Power therefore which I implore ; 't is only your Power can free me from those Fetters which are laid upon me by the Lords Commissioners ; only your Power that can repair me for the Injuries done , ( both to my Person and Estate , which I have undergone ) by Reason of my seduced Wife ; 'T is you alone , that can restore me the Benefit of the Law , against those that have been Incendiaries and Abettors of these unnatural differences between us : That so my Reputation ( which hath been a long time clouded ) may be made clear ; my Person ( which hath continually be molested with Carchpoles by my Wives means ) may be at length free ; And that I may be in a condition to satisfie my Creditors ( their just Debts ) whose Purses have supported me ; and that a final end may be put to these unnatural differences , concerning my Wife , as in Justice and Conscience shall seem meet unto your Highness . In order to this , I have delivr'd in my Petition , and the state of my Case , to Mr. Sadler , and Mr. Long , to be delivered unto your Highness , In these words . To the Parliament for the Commonwealth of England . The Humble Petition of Thomas Ivie , Esquire . Sheweth , THat your Petitioners Wife very suddenly after her Intermarriage with him , having got from him a Ioynture of 1000 l. per Annum , with 1000 l. in ready money to be left her at the time of his death , and 1200 l. in Iewels , 600 l. worth of Cloaths , 500 l. in ready money , and accommodation to the value of 3000 l. in less than in 18 months time , ( and all this without one Penny Portion with her ) hath not only deserted his Company , but hath preferr'd a Scandalous Petition to the Lords Commissioners for the Great Seal against him , yet nothing material proved . That by these unnatural Courses , she hath caused him to spend 3000 l. in this and Twelve other Suits at Law ; by which means aforesaid , your Petitioner is become indebted at this present time 3000 l. more at least . That he hath often tendred unto the said Commissioners his Willingness to receive her , and to give any security which they can require , to use her with all loving Respects becoming a good Husband . Notwithstanding the said Commissioners have allowed her 300 l. per Annum Alimony ; and refused to hear the Merits of the Cause , though they had ordered it under their hands ; and have also granted an Injunction to protect such ( who keep the Person of his Wife from him ) contrary to Law. Insomuch , that your Petitioner hath no Remedy left in Law or Equity . ( All which may more clearly appear by the State of his Case and Narrative hereunto annexed . ) May it therefore please your Honours to commisserate his sad Condition ; and ( in regard she obstinately refuseth to Cohabit with him in the Quality of a Wife ) to vacate the said Order of 300 l. per Annum ; and to null the said Joynture of 1000 l. per Annum , and 1000 l. in ready money ; and to enforce her to return the 1200 l. in Jewels , whereby your Petitioner may be inabled to satisfie his Creditors their just Debts ; and that Reparation and Satisfaction may be made , both to his Reputation and Estate , as shall seem meet to your Honours Wisdoms and Justice . And your Petitioner , &c. To the Parliament for the Common-wealth of England . The State of the Case of Thomas Ivie , Esquire . THat Mr. Ivie , about October 1649. took to Wife Theodosia Garret , Widow , Daughter of Iohn Stepkins , Esq on whom , by reason of the great affection , which he bore unto her , he setled 1000 l. per Annum , Ioynture , and gave also security to leave 1000 l. in ready money at the time of his death , and this without any consideration of a Portion from her Father , or any Estate left her by her former Husband , who not only left her without a Joynture , but in debt also . That the said Stepkins perceiving how really Mr. Ivie stood affected to his said Daughter , and with what chearfulness and willingness he was resolved to settle all his Estate for the good and preferment of his said Daughter ; was content , that if Mr. Ivie would free his the said Stepkins Estate , which was 240 l. per Annum then encumbred with several Debts , or pay a 1000 l. towards the same , and deliver into the hands of the said Daughter 1200 l. in Jewels , that then it should be setled on Mr. Ivie for his Life , and afterwards to the use of his Daughter for her Life ; And in case , he had no Issue by her , then to the Heirs general of the said Stepkins , or such as the said Stepkins should limit and appoint . Whereupon Mr. Ivie did deliver unto the said Theodosia , rich Jewels , to the value of 1200 l. in ready mony to the said Stepkins , to free his Estate accordingly . That Mr. Ivie then expected a reciprocal return of his affection , which he had so cordially demonstrated : But when the said 1000 l. was paid , and a firm and legal settlement of the Joynture made , and the Jewels delivered to his said Wife , He found great reason to suspect , that 't was rather his Fortune than himself , which she had wedded : For she not only sought all means to avoid his Company , but chose out those as she thought might be most offensive to him , and such ( whom by reason of the scandal they lay under ) he had prohibited her to converse with . Notwithstanding , seeing it was the pleasure of the Lord to unite them in so near a union ; Mr. Ivie was resolved not to leave any fair and honest motives ( either of Purse or Persuasion ) unattempted , which might encline her affection towards him ; and in order hereunto ( there was nothing which she ever proposed , which might be for her content ) that he did deny unto her : And in less than fourteen Months , she expended in Apparel , 600 l. in ready mony 500 l. and for other Accommodations about 2800 l. besides the 1200 l. in Jewels , and 1000 l. in mony aforesaid ; which amounts to 6100 l. Nay , the Gifts were so great he bestowed on her , That he supposeth , she was even ashamed to request any more from him . Nevertheless she , by the evil Counsel of her Confederates ( while he was at the Court of Aldermen ) did convey out of his House , Plate , and rich East-india Stuffs , to the value of 300 l. and divers other goods , which were by her and her Confederates carried away and imbezeled . That Mr. Ivie now finding his own Estate , as well as his Wives Affection , too too visibly declining ; and that nothing could attend such an unhappy condition , but Ruine and Dishonour ; to prevent both , persuaded his said Wife to retire with him for a while to his Estate in the Country ; thinking thereby to to take her off from the Temptations of those seducing Persons , who engaged her in such pernicious courses . But instead of a compliance , he found a greater Obstinacy than ever ; neither could her own Friends , ( who then persuaded her to leave the City for a while ) prevail with her . And that there might be no industry wanting to persuade her , he gave 100 l. to two persons of her familiar Acquaintance , to be urgent and sollicitous to endeavour the Accomplishment of his desire . But by the Practises of the said Confederates , she was seduced to the preferring of a vile , scandalous , and false Petition to the Lords Commissioners against Mr. Ivie for obtaining Alimony ; but not one syllable of her suggestions proved against him : Nay , the contrary proved by Mr. Ivie , by the several Testimonies of many Persons of good Quality and Reputation , as appears by the Depositions themselves , besides his own Oath , which he made in answer to the scandalous aspersions cast upon him . Notwithstanding this Vindication , after two years dependance in the Chancery , and the Expences of almost 3000 l. in this unnatural , and twelve other Suits at Law , ( which were commenc'd against him , by the means of this Suit ) she obtained from the Lords Commissioners an Order in private for 300 l. per Ann. Alimony . ( Notwithstanding Mr. Ivie was always ready to receive her , and use her in all Respects according to her Quality neither , Mr. Ivie ) nor his Counsel being present . Notwithstanding they declared , That they would send for Mr. Ivie , before they would give Judgment in the Case ; But never as yet did , nor ever yet heard the Merits of the Cause ; which ( in respect of the proceedings ) was contrary to the Rules of the Court ; and in respect of the Allowance ( in case Mr. Ivie had been guilty of the Complaint ) contrary to the Act of Parliament . Having thus Affliction added to Affliction , and being in Debt by the means of his said Wife above 3000 l. And having not wherewithal to sell to pay his Creditors , ( And in regard the Reversion of his Estate is setled on his said Wife ) he attended almost a year upon the Lords Commissioners for his Relief , that they would be pleased but to grant him a fair hearing upon the Merits of the Cause , in the presence of both parties , with their Counsel ; which was by their Order accordingly granted , and a Day by them appointed . But when the Day came , and Mr. Ivie had retained to his great charge , many great Counsel , the Lords Commissioners absolutely refused to hear the said Cause ; which hath exposed the said Mr. Ivie and his Wife to all manner of Temptations , and their Persons and Estates to utter Ruine . And although at the same time Mr. Ivie did Request the said Lords Commissioners to recommend any godly Minister , whom they themselves should choose to live in house with him and his Wife ( as an Expedient to a Peace and Reconciliation between them ) for which he obliged himself to allow any such Minister 50 l. per Annum , besides all other fitting Accommodations whatsoever ; yet was this Proposal slighted by them , and laughed at by his said Wife , even in the presence of their Lordships . And since that time Mr. Ivie having sued those ( who received her , and denyed her unto him ) and obtained by just proceedings in Law , a Judgment and Execution against such Persons , the Lords Commissioners have notwithstanding granted their Injunction for their Protection . Insomuch , that they have now effected an absolute Separation ; which is contrary to the Law of the Nation , and the Act of Parliament for Alimony it self ; which was declared by my Lord Chief Justice Roles upon Reading the Decree for Alimony . FINIS . Notes, typically marginal, from the original text Notes for div A40860-e72140 27 Iuly , 10 Eliz . 1568. Note . 12 Oct. 24 Eliz . 1582. Note . Note . 34 & 35 Eliz. Trin. 43 Eliz. 1601. Hill. 9 Iac. 1611. 5 Aug. 13 Iac. 1615. 14 Aug. 1647. Trin. Term. 1656. 15 Iuly 1656. 5 Ed. 6. 1551. 5 Eliz. 1563. Note . 13 Eliz. 1571. 18 Eliz. 1576. 20 Eliz. 1578. 23 Eliz. 1581. 26 Eliz. 1584. 1 Iac. 1603. 1616. 27 Nov. 25 Car. 2. 13 May , 26 C. 2. Easter-Term , 1686. 25 Eliz. 1583. 20 M. 3 Iac. 1604. 1616. 26 Mar. 1646. 28 Mar. 1646. 16 May 1646. 19 Mar. 1646. 24 Apr. 1649. 25 Apr. 1649. 2. Edw. 6. 23 March 5 Edw. 6. 12 Nov. 5 & 6 Phil. & Mar. 〈…〉 〈…〉 〈…〉 〈…〉 6 Novemb. 13 Nov. 1 Novemb. 1613. 8 Septemb. 1619. 5 August . 1620.