CHAP. I.

The position proved by the law of Moses. That law expounded and asserted to a moral and charitable use, first by Paulus Fagius, next with other additions.

To remove therefore, if it be possible, this great and sad oppression, which through the strictness of a literal interpreting hath invaded and disturbed the dearest and most peaceable estate of household society, to the overburdening, if not the overwhelming of many christians better worth than to be deserted of the church's 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, unfitness, or contrariety of mind, arising from a cause in nature unchangeable, hindering, and ever likely to hinder, the main benefits of conjugal society, which are solace and peace; is a greater reason of divorce than natural frigidity, especially if there be no children, and that there be mutual consent."

This I gather from the law in Deut. xxiv. 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 some uncleanness in her, let him write her a bill of divorcement, and

give it in her hand, and send her out of his house,' &c. This law, if the words of Christ may be admitted into our belief, shall never while the world stands, for him be abrogated. First therefore I here set down what learned Fagius hath observed on this law; "the law of God," saith he, " permitted divorce for the help of human weakness. For every one that of necessity separates, cannot live single. That Christ denied divorce to his own, hinders not; for what is that to the unregenerate, who hath not attained such perfection? Let not the remedy be despised, which was given to weakness. And when Christ saith, who marries the divorced commits adultery, it is to be understood if he had any plot in the divorce." The rest I reserve until it be disputed, how the magistrate is to do herein. From hence we may plainly discern a twofold consideration in this law: first, the end of the law-giver, and the proper act of the law, to command or to allow something just and honest, or indifferent. Secondly, his sufferance from some accidental result of evil by this allowance, which the law cannot remedy. For if this law have no other end or act but only the allowance of sin though never to so good intention, that law is no law, but sin muffled in the robe of law, or law disguised in the loose garment of sin. Both which are too foul hypotheses, to save the phænomenon of our Saviour's answer to the Pharisees about this

matter. And I trust anon by the help of an infallible guide, to perfect such Prutenic tables, as shall mend the astronomy of our wide expositors.

The cause of divorce mentioned in the law is translated" some uncleanness," but in the Hebrew it sounds "nakedness of aught, or any real nakedness:" which by all the learned interpreters is referred to the mind as well as to the body. And what greater nakedness or unfitness of mind than that which hinders ever the solace and peaceful society of the married couple; and what hinders that more than the unitness and defectiveness of an unconjugal mind? The cause therefore of divorce expressed in the position cannot but agree with that described in the best and equallest sense of Moses's law. Which, being a matter of pure charity, is plainly moral, and more now in force than ever; therefore surely lawful. For if under the law such was God's gracious indulgence, as not to suffer the ordinance of his goodness and favour through any error to be feared and stigmatized upon his servants to their misery and thraldom; much less will he suffer it now under the covenant of grace, by abrogating his former grant of remedy and relief. But the first institution will be objected to have ordained marriage inseparable. To that a little patience until this first part have amply discoursed the grave and pious reasons of this divorcive law; and then I doubt not but with one gentle stroke to wipe away ten thousand tears out of the life of Yet thus much I shall now insist on, that

man.

whatever the institution were, it could not be so enormous, nor so rebellious against both nature and reason, as to exalt itself above the end and person for whom it was instituted.

CHAP. II.

The first reason of this law grounded on the prime reason of matrimony. That no covenant whatsoever obliges against the main end both of itself, and of the parties covenanting.

For all sense and equity reclaims, that any law or covenant, how solemn or straight soever, either between God and man, or man and man, though of God's joining, should bind against a prime and principal scope of its own institution, and of both or either party covenanting: neither can it be of force to engage a blameless creature to his own perpetual sorrow, mistaken for his expected solace, without suffering charity to step in and do a confessed good work of parting those, whom nothing holds together but this of God's joining, falsely supposed against the express end of his own ordinance. And what his chief end was of creating woman to be joined with man, his own instituting words declare, and are infallible to inform us what is marriage, and what is no marriage; unless 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, less cannot be concluded, nor is by: any learned interpreter, than that in God's intention a meet and happy conversation is the chiefest and the noblest end of marriage: for we find here no expression so necessarily implying carnal knowledge, as this prevention of loneliness to the mind and spirit of man. To this, Fagius, Calvin, Pareus, Rivetus, as willingly and largely assent as can be wished. And indeed it is a greater blessing from God, more worthy so excellent a creature as man is, and a higher end to honour and sanctify the league of marriage, whenas the solace and satisfaction of the mind is regarded and provided for before the sensitive pleasing of the body. And with all generous persons married thus it is, that where the mind and person pleases aptly, there some unaccomplishment of the body's delight may be better borne with, than when the mind hangs off in an unclosing disproportion, though the body be as it ought; for there all corporeal delight will soon become unsavoury and contemptible. And the solitariness of man, which God had namely and principally ordered to prevent by marriage, hath no remedy, but lies under a worse condition than the loneliest single life for in single life the absence and remoteness of a helper might enure him to expect his own comforts out of himself, or to seek with hope; but here the continual sight of his deluded thoughts, without cure, must needs be to him, if especially his complexion incline him to melancholy, a daily trouble and pain of loss, in some degree like that