if any since the dâ—ies of Luther merits to be counted the Apostle of our Church whose unwâ—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 wiâ—h reasons yet certainly the worst of my dâ—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 afâ—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 fraudâ—lent persuasion afterwards by force drew to themselvs the whole autority of determining and judging as well in matâ—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 holiâ—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
her dowry and the use of that which was call'd Donâ—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 compeâ—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 tormâ— 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 resâ—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 prâ—ble â—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 forfeâ—ted hi◠〈◊〉 in â—er sâ— forâ—ak'n For the Spirit of God speaks plainly thâ—t both man and wife hath such power over one anothers person as that they cannot deprive each other of â—iving together but by 〈◊〉 and for a time Hâ— may bâ— added that the holy Spirit grants desertion to be a cause of divorce in those answers giv'n to the Corinâ—hians concerning a brother or sister dâ—d by a â—is-beleever If he depart let him depart a brother 〈◊〉 siste◠〈◊〉 not under bondage in such cases In which words who seesâ— of that the holy Ghost openly pronoune't that the party without câ—e deserted is not bound for anothers wilfull defeâ—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 divorâ— and marry again for then that in the Coâ—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 shâ— fornication With regard to these principle let us see what our Lord answer'd to the tempting Pharises about divorce and second maâ—iage and how â—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 shâ—e who denies to be a meet help or to be so hath made her self unsit by open misdâ—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 bâ—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
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 theâ— 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 â—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 iâ— debarr'd from women while thiâ— 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 callâ—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 coÌ„plaining 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 tâ— me this remiâ—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 pâ—sse away but not a â—le from the commands of God among them who expect â—e eternal Let us therfore consiâ—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 auâ—rity of Gods Word before the opinion of Fathers and Doctors as they themselvs teach CHAP. XXV The words of our Lord aâ—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 maâ—iage after any divorce are these Mat. 5. 31 32. Iâ— 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. Hâ—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 â—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 whâ—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 mariageâ— 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 dâ—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
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 bâ— 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 whoÌ„ 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 calamitâ—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 wifeâ—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