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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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 .