or lesse from the ordinances of God and as the obiects varie as it is a more grieuous sinne whereby a man offendeth against God immediately then against man and it is a greater sinne whereby we sinne against our parents then that whereby we sinne against others On the contrarie he sinneth lesse that stealeth being compelled by hunger then he who prouoked by lust committeth adulterie with his neighbours wife a Prouerb 6.20 Also sinnes differ in degrees as to be angrie or to couet an other mans wife is a sinne but it is a greater sinne to kill or to commit adulterie b Mat. 5.21.22 27 28. Also they differ according to the varietie of circumstances and causes c Mat. 11.22 24. Moreouer the law it selfe distiguisheth the workes of the first and second table d Exod. 34.1 And Christ saith to Pilate Iohn 19.11 He that deliuered me vnto thee hath the greater sinne therefore also are they not to be punished with equall punishments How farre therefore may that diuision be admitted Not in respect of the qualitie of the sinne but in respect of the persons which sinne insomuch as they eyther beleeue or not beleeue For that is mortall sinne which maketh all who beleeue not guiltie of eternall death And such are the sinnes of all men vntill they beleeue that is vntill by faith they receiue remission of sinnes But veniall sinne is not that which doth deserue pardon but that which freely is forgiuen pardoned for Christs sake to them which beleeue such is the sin of all who truly beleeue For that which of it selfe and in it owne nature is mortall becommeth veniall in the beleeuers by the grace and mercie of God whilest it is pardoned and forgiuen them according to that Rom. 8.1 There is no condemnation to them which are in Christ Iesus for they come not into iudgement but haue passed from death to life Iohn 5.24 In a word to the elect all their sinnes euen the greatest are veniall and pardonable through Christ e Ioh 5.16 but to the reprobate no sin there is which is not mortall f Rom. 6 23 What is the third diuision Some sinne is said to be Pardonable some Vnpardonable What sinne is Pardonable Euerie sinne which is committed against the Father and the Sonne g Mat. 12.31 that is euerie transgression of Gods law which is repented of which is remitted of God if the transgressor cease to sinne and flie to Christ the Mediator otherwise not therefore it is called Pardonable from the euent not because of the nature thereof How doth remissible or pardonable sin differ from veniall sin Remissible or Pardonable is that which may be forgiuen to al that beleeue Veniall is that which is actually remitted to the beleeuer What things do oppose this doctrine 1 That distinction of the Papists of sinne into mortall and veniall which is vnproper except in the diuers respects of the elect and reprobate 2 That Paradoxe of the Stoicks who did therefore make all sinnes to be equall because sinne is that thing whatsoeuer is not lawfull We grant indeed the vnlawfulnesse to be alike in all kindes of sinne ⧠The seuenteenth Place of sinne against the holy Ghost VVhat is the sinne which cannot be pardoned IT is a kind of sinne so deadly that eternall death ensueth it without any hope of pardon or forgiuenesse or it is the sinne which is not repented of How is it called It is called the Sinne against the holy Ghost blasphemy of the holy Ghost that is against the holy Ghost a Mat 12 13 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The sinne which is vnto death b 1 Iohn 5 18 But what is this sinne That we may the better vnderstand it testimonies of Scripture are to be gathered by which we may vnderstand both what it is and what it is not First therefore commeth to our hands that saying 1. Ioh. 5.17 All vnrighteousnesse is sinne but not vnto death VVho so knoweth that his brother sinneth a sinne which is not vnto death let him aske and life shall be giuen him which sinneth not vnto death there is a sinne vnto death I say not that thou shouldest pray for it Heere sinne vnto death is distinguished from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 vnrighteousnesse which is the transgression of the whole law Hence therefore I gather that the sinne against the holy Ghost is not any transgression of the morall law neyther vniuersall nor particular eyther of ignorance or infirmitie or of malice committed against the law 2. That place of Mathew is to be remembred Mat. 12.31 Whosoeuer speaketh against the son of man it shal be forgiuen him and of Paule 1. Tim. 13. He confesseth that he was a blasphemer of Christ a persecutor a violent man but yet notwithstanding that hee obtained mercie because he did it of ignorance through vnbeleefe From whence I gather that blasphemie persecuting of Christ of his gospell which proceedeth of ignorāce is not a sin against the holy Ghost 3 Hence commeth to our consideration Peters deniall of his master who denied Christ and that when his owne conscience cried against it and with an execration a Mat. 26.69 but this was done through the horrour of the danger at hand neither did his iudgement consent with his tongue and that faith for which the Lord prayed it might not faile b Luc. 22.32 was not extinct but laboured and boyled within him otherwise he would haue ioyned himselfe to the persecutors of Christ when on the contrarie weeping bitterly he flung out of doores From whence I conclude that the deniall of Christ proceeding from infirmitie and not from a purpose to forsake Christ but so that a man may finde out some way for his own safegard is not the sinne against the holy Ghost although nothing commeth neerer it then this deniall c Marc. 3.28 Luk. 12.10 4 Let vs consider that saying of our Lord Mat 12.31 and in the verses following where he obiecteth to the Pharisees blasphemie against the holy Ghost who not onely despised Christ and his Gospell but also said that Christ cast out diuels by Beelzabub the prince of the diuels when as notwithhāding they knew Christ by the Prophets his owne doctrine and miracles and were not ignorant that those works of Christ were done by the power of the holy Ghost Hence therefore I gather by the place a concreto that the matter or generall difference of sinne against the holy Ghost is To denie Christ being knowne and his holy Gospell and against a mans owne knowledge and conscience to ascribe to Sathan that worke which is proper to the holy Ghost And this is one manner and one kinde of sinne against the holy Ghost which was the Pharisees sinne Such is theirs who haue knowne the truth haue neuerthelesse not submitted themselues to the truth but reuile and slaunder the truth calling it hereticall erroneous and diabolicall Lastly consider we of
wiues for the hardnesse of your hearts but it was not so from the beginning c Mat. 19.8 Heb. 9.10 And thus we see that Moses Law is worne out with a large measure of the Spirit of Grace graunted vnto vs by the Gospell Although some euen amongst vs also who beare the name of Christians Mat. 9.8.9 are as hard harted as the Iewes were to their good wiues May lawfull mariage then be broken It may both by the Law of Diuorcement in Deut. 24.1 and by the wordes of Christ Math. 19.8.9 who maketh two sorts the one lawfull the other vnlawfull VVhat are the causes why it may be broken 〈…〉 pell Although some euen amongst vs also Mat 9 8 9 who beare the name of Christians are as hard hearted as the Iewes were to their good wiues May lawfull mariage then be separated It may from bed board both by the Law of Diuorcement in Deut. 24.1 and by the words of Christ Math. 19.8.9 who maketh two sorts the one lawfull the other vnlawfull What are the causes why it may be separated Christ nameth onely one Math. 5.23 19.9 to wit Adulterie VVhat is Adulterie Mat. 5.32 19 9 When eyther of the maried couple hath wittingly and willingly to doe with a third maried or vnmaried For adulterie is not as some Iurists say only violating the maried bed of another but any dishonest coupling whatsoeuer Therefore Christ in the afore mentioned places vseth not the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 by which word al vnlawful coupling whatsoeuer is signified Yet some are of minde that by a metonymie they are all sins equall to or greater than adulterie which are included as Sodomie c. as for lesser sinnes they are excluded Is separation or Diuorcement to be vsed in all cases of adultery In some cases it seemeth that it is not to be granted 1 If he that seeketh diuorce be guiltie himselfe of the same sin For in that wherein thou condemnest another thou iudgest thy selfe f Rom 2 1 2 If the husband prostitute his wife hee may not exclude her for an adulteresse being himselfe authour of the crime 3 If he haue companied with her after he vnderstood of her adulterie for that is counted for a reconcilement Or else if he haue forgiuen her and receiued her againe to fauour for heerein the innocent partie seemeth to haue renounced his right 4 If it haue beene committed of ignorance mistaking a stranger for her owne husband Is the innocent partie bound to produce the offender Yea if the fault be publike to the end that the innocent may auoid infamie and to be accounted his wiues baud For Chrysostome saith He patroniseth filthinesse who concealeth his wiues sinne and least iniury be offered vnto the lawfully begotten children May the innocent receiue the offending partie repenting vnto fauour againe Yea but yet a man must be left vnto his owne conscience and not compelled to receiue her against his will Whereas Christ names adulterie to be the onely cause of diuorce a Mat. 5 3â— 19.9 how shall we reconcile Paule who doth alow diuorce for desertion b 1. Cor. 7.15 Christ speaketh of making diuorce or of him that putteth away vniustly touching whom he was asked the question onely but Paule speaketh of the patient or him that is forsaken vniustly who being asked if the vnbeleeuer should forsake the beleeuer whether that the beleeuer were so bound vnto the other that he might not matie againe he answereth If the vnbeleeuer depart the partie forsaken is free from that bond hauing first vsed all meanes to recâ—ll the vnbeleeuer vnto her former dutie Againe thus Christ speaketh of Diuorce making Paule of Diuorce suffering for desertion Christ speaketh as Augustine witnesseth of mariage betweene equals c Lib. 1. c. 2. de adult coniugiis but Paul of maried persons dissenting in religion For wheras he saith Be not vnequally yoaked with Infidels d 2 Cor. 6 14 hee forbiddeth it not as if being contracted it were to be made void but hee doth disswaded it as ioyned with scandall and dangerous VVhat kind of Desertion meaneth Paule Such as wherein vnbeleeuers depart from their faithfull yoakfellowes through hatred of true religion but yet he maketh not the departers vnbeleef the cause of diuorce as it was vnder the law e Ezra 9 1 10.17 before the couenant of the gospell But the Apostle willeth that if the vnbeleeuer wil dwel with the beleeuer it should be endured but he maketh only the vnbeleeuers vniust departure the cause of diuorce Hereof some great diuines do vnderstand by infidelitie any malitious vniust or obstinate departure according to that of the Apostle f 1. Tim. 5 8. 1. Cor. 7.15 And he seemeth to vnderstand equall sins also where he saith A brother or sister is not made subiect in such things But how is the desertion vnderstood to be made malitious and stubborne If either of theÌ„ do simply depart from mutual felowship liuing together the party offending is to be compelled by Ecclesiasticall â—ensures and by ciuil punishment if need require to liue together But if the partie fly out of the countrey and being recalled by the godly Magistrate returne not at the time prefixed that is a malitious desertion and thus to reiect the authoritie of the Church and also against all conscience to breake off matrimonie hee is an infidell and a forsaker of religion as well as of his yoakfellow and then is the partie thus forsaken to be pronounced free from the bond of matrimonie What if it â—â—e not knowne in what place the partie thus departing is Heere the causes of that departure are to be enquired into that if so be the partie complaining her or himselfe to be forsaken and so seaketh to be diuorced haue beene and giuen occasion of this euil he or she must not bee heard for this were against equitie If they say they cannot containe let them accuse themselues bewaile their sin seeke him or her out whom they haue depriued themselues of by ill dealing 2. It is requisite by oath before the Magistrate if neede be to testifie that all diligence hath bin vsed for the finding of the party thus departed Lastly there must no such leaue be granted to the wife specially to mary againe who is bound to follow her husband til she haue expected his returne a yeare at the least If the party departed do returne after this then he shall be worthy of ciuill punishment in most sharpe manner VVhat is to be done vvhen the one is absent either through vvarre trauaile captiuity or other such like cause His returne is to be expected the whole time apointed by the Magistrate whether foure or seaueÌ„ yeares for he is thought probably to be dead who is absent so long or else it must appeare either by witnesses or by necessary coniectures that the party absent is dead What if he
dying What then should haue become of man in the conclusion if he had not sinned should he haue euer liued vpon earth No but he should in the end haue remoued into heauen indeed without death which is the dissolution of the soule from the body but yet not without some change such as the Apostle speaketh of 1. Cor. 15.51 shall be in the bodies of the elect who shall be then liuing in the comming of the Lord they shall remoue hence into heauen What things be contrary to this doctrine The errour of the Pelagians who affirmed that man should haue died although he had neuer sinned against those speeches Gen. 2.17 and 3.3 Rom. 5.12 and 1. Cor. 15.21 The twelfth common Place of Mariage What thinke you of Mariage is it a diuine humane or politike constitution IT is diuine 1. because it was instituted by God in Paradise a Gen. 1.27 2.15 betwixt Adam and Eue in their innocencie they then bearing the true image of God 2. Because it was a type of that truly diuine and spirituall mariage which was to be betwixt Christ and his Church b Ephes 5.23 3. Because it was ordained for the propagation of the Church and for the further helping forwards the saluation of man It is also humane or politike or as I may say of humane constitution 1. because it was instituted for the propagation of mankind and ciuill societie vpon earth for in heauen they marry not but are like the Angels of God Mat. 22.30 2. Because for the most part it dependeth vpon the honest constitutions made by man for that purpose How proue you that mariage was instituted by God Gen. 2.18 God said that is in his most wise counsel decreed and ordained it is not good for man to be alone let vs make an helper or companion of his life like vnto him and when he could finde none for Adam before him God brought vpon him a dead sleepe and whilest he was asleepe and so being brought as it were into an extasie voide of griefe and was naturally ignorant what was done took one of his ribs and thereof made woman whom he brought vnto Adam who being led by the spirit of God did prophesie saying This is bone of my bone and flesh of my flesh she shall be called Ischa that is Vira Mannesse because she was taken out of man being as it were alter-ipse a second self For this cause shall man leaue his father and mother and cleaue vnto his wife and they shall be one flesh And after the deluge God confirmed mariage and blessed it saying Increase and multiply b Gen 9.1 At length the Sonne of God himselfe restored it being somewhat decaid c Math. 19.4.5.6 honoring the same both with his presence and miraculous gift d Ioh. 2.11 c. To conclude God not onely instituted mariage but also stirreth vp mutuall loue betweene the bride and the bridegroome and furdereth mariage e Genes 24.14 50 51. Whence it followeth first that mariages are not by chance or depending on mans arbiterment onely but are fatall and gouerned by Gods prouidence Secondly that mariage is a good and a holy thing Thirdly that it is to be vndertaken in the feare of God and inuocation for his direction But are not Moses and Paul contrary one to another where it is said Gen. 2.18 It is not good for man to be alone and 1. Cor. 7.1 g Gen. 2.18 It is good for man not to touch a woman h 1. Cor. 7.1 No for that Paul speaketh first of good which is profitable and not of honestie and he doth not oppose good vnto vice or sinne but vnto inconuenient Secondly because that in Genesis is vnderstood of the species or greatest part of mankind which wold decay if it were not continued and increased by mariage neither can a man liue chastly without mariage but Paul speaketh of certaine indiuidua or persons hauing the gift so as they can liue chastly without mariage for of others he saith It is better to marrie then to burne i 1. Cor. 7.9 But tell me whether Paul speaking of a virgin 1. Cor. 7.38 k 1. Cor. 7.38 and saying He that bestoweth her not in mariage doth better do meane that virginitie deserueth more the fauour of God then mariage He speaketh onely of some outward commodities of the single life for the present necessitie that is imminent persecutions l verse 26. and for that the vnmaried is more expedite and fit to teach to serue the Church to vndergo the dangers of his profession and the duties of piety with a better and freer mind m verse 32.34 and insinuateth more difficulty to be in mariage then in the single life as he speaketh concerning the maried Such shall haue trouble in the flesh n verse 28 and more distraction of thoughts and care for the things of this world o vers 33.34 and therfore that the single life is more profitable vnto him that hath the gift of continencie and lesse subiect to distractions and troubles and in this respect more blessed then mariage p verse 40. Notwithstanding the godly maried may also care for those things which belong vnto the Lord as Abraham Isaac Iacob Zacharias Iohn Baptists father and the like What is contrary to this doctrine concerning the efficient cause of Matrimonie The heresie of Montanus the Tatians Saturnians Manichees Marcionites Priscillianists Encratites who condemned mariage as the doctrine and worke of the diuell Pope Syricius differed not much from this heresie who called matrimonie vncleannesse of the flesh in which no man might please God Vnto all whom that saying of S. Paul is to be opposed 1. Tim. 4. 1. Tim. 4.1.2.3.4 Of the matter of Mariage Of how many and of what manner of persons ought Mariage to consist Of two onely one man and one woman for so saith the Lord Two shal be one flesh a Gen. 1.27 2.24 Mat. 19.5 and so many suffice for procreation of offspring But whenas the maried couples giue themselues mutually one to another they are both the second causes efficient and they also the matter of mariage What is contrary to this Polygamie not of hauing many wiues successiuely when one succeedeth another but of enioying more then one at one and the same time Gen. 4.19 which corruptiō of lawful mariage begun in Lamech of Cains race and was afterwards permitted vnto the Fathers not for wantonnesse but for increase of an holy seed both for that politick customes were at that time as also that God might thereby manifest his promise of an innumerable seede to spring of a few But Christ condemned it afterwards Mat. 19.8 5.32 saying It was not so from the beginning and declaring that who so putteth away his wife and taketh another committeth adulterie For that God being about to giue Adam a wife tooke not two or more but one ribbe out of
The other is by words de praesenti for the present as I do betroth thee to be my wife which present and actual promise is called simple absolute consent although the mariage be not yet celebrated Thus she is accounted betrothed named a wife VVho so defileth anothers mans betrothed wife or spouse let him be stoned to death for he hath huÌ„bled his neighbours wife b Deut. 22.23 And Iacob speaking of Rachel who was only betrothed vnto him Giue me my wife c Gen. 29.21 The Angel saith vnto Ioseph Fear not to take Mary thy wife d Mat. 1.20 when she was but betrothed vnto him but she that was betrothed was now by determination accounted a wife vnlesse some thing fell out which might frustrate the contract Is the bond alike in both contracts No for in the contracts de futuro indeed touching the promise and to free the faith plighted they may be admonished but they can not be coÌ„pelled especially if they bring probable reasons why they wil change But the coÌ„tracts de praesenti induce an effectual obligation which ought not to be dissolued by mutuall conseÌ„t for it is a truly ratified mariage e Math. 19.6 although not wholy consuÌ„mated without adding the duties of mariage Also contracts de futuro if they be confirmed with copulation following ought to be ratified VVhy are contracts instituted and why is there a certaine time obserued betweene it and the celebration of mariage There are diuers causes first that the bridegroome and bride may first consent in minde before they coÌ„ioyne in body or as Austine saith lest the husband easily obtaining make light account of that which he longed for being deferred SecoÌ„dly that in the mean time the coÌ„tracts may be published in the Church to the end that if any iust cause ly hid for which the mariage beguÌ„ may not be coÌ„summated it may be manifested in due time Thirdly naturall honestie that meÌ„ might not presently after the contract be caried violently like beasts with the sway of their sensuall desires Which three causes appeare in the contract of Ioseph and Marie a Mat. 1.18 Deut. 21.12 Which is the other degree of mariage The consummation which is done by consecrating or blessing and by celebration of the mariage What is consecration of mariage It is a holy actioÌ„ wherein the bride groome bride being brought into the church before the congregation are taught by the minister touching the institutioÌ„ ends of mariage there expresly witnes their conseÌ„t either by signes if they be duÌ„b or deaf or by words if they can speake For the Canons say that mariage is of no force except consent be declared by words so iâ— their mariage publikly confirmed and they themselues consecrated vnto God by prayer From whence is this custome taken From the example of God himselfe who as soone as he had giueÌ„ Adam a wise blessed them like a Minister in these words Increase and multiplyb Also from a general rule which commandeth That all things be done in the Church decently and in good order c 1. Cor. 14 40. Further it maketh for the dignitie of mariage and freeth the new maried of all ill suspition least they should be thought to liue together like harlots Lastly it cannot but be approued by God who will both be called vpon and is alwayes at hand to them that call vpon his name What is the celebration of mariage All the other whole politicke action by which the couenants of mariage are confirmed and the bride is honestly and modestly brought into the bridegromes house Ought a Christian to obserue this festiuitie and celebration Yea and that according to the custome of the country where he dwelleth and that rule which Paul commandeth Whatsoeuer things are true honest iust holy of good report c. do them d Philip. 4.8.9 Thinke you the mariage feast lawfull Yea it is vsed almost amongst all nations and also confirmed by many examples of Scripture as we reade that Laban made a great feast at the mariage of Iacob and Rachel e Gen. 29.22 and Christ both with his presence and present of 6. galons of excellent good wine confirmed this custom f Ioh. 2.1.2.7.8 But yet in such bankets we must remember that which is recorded concerning Tobias his mariage that they feasted in the feare of the Lord g Tob. 7.17 8.20 As also that at King Ashuerus his great and solemne feast such modestie and honestâ—e was obserued as that no man was compelled to drink more then himself pleased h Hest 1.8 Wherfore mariages celebrated with riot pride gluttonie drunkennes vnchast playes al kind of wantonnes are solemnized to the diuel and not vnto God these are not the least cause of euils which make mariage troblesome vnpleasant vnto many withall rob many parents of their children What is the forme of mariage A iust coniunction of one man and of one woman into one flesh for they which were two before mariage are after marrying made one flesh that is one man by the coniunction and vnion both of soule and bodie What positions do you gather out of this formall cause of mariage First that the bond of mariage is most straight far exceeding that which is betweene the parents and the children as God saith a man shall leaue his father and his mother and shall cleaue vnto his wife i Gen. 2.24 2. That it is not only most strait but indissoluble because that two are made one flesh therefore Christ saith Whom God hath ioyned together let no man separate a Math. 19.6 Thirdly that it is mutuall and reciprocall in one ouer anothers bodie for the Apostle gathereth hereout in that they are one flesh that neither of both hath power ouer their owne bodie b 1. Corin. 4.7 Fourthly an argument of mutuall loue betweene them The husband must loue his wife as his own flesh and as Christ loueth hâ—s Church c Ephes 5.28 Fiftly that there ought to be a communion of all things both spirituall and corporall betweene maried couples What and how many are the ends of mariage Three if thou respect the persons themselues first that they mutually helpe one another both in heauenly and humane things This God expressed Let vs make Adam a helper like vnto himselfe d Genes 2.20 that humane societie may be familiar and friendly yet so as that the husband may appeare to be the wiues head e 1. Corin. 11.3 The second is procreation of children which may succeed their parents both in name and goods which end the Lord hath likewise expressed Increase and multiply f Gen. 1.28 Thirdly that it may be a remedie against all wandring lusts as Paul noteth For auoiding fornication let euery one haue his owne wife and euery woman her owne husband g 1. Cor. 7.2.3 But if you respect either the church or common wealth
Diuortium Diuorce IT is called Repudium of refusall for a shamefull thing Diuortium of diuerting and going into diuers parts or as some thinke of the diuersity of minde because he that is the cause of Diuorce is of another minde now than when he married the Hebrews call it Cheritot or cutting off the Greekes dissolution 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 departing cutting off as Mat. 19.8 for it was not lawfull for the wife to depart from her husband or giue him a bill of Diuorce but for an husband separating himselfe from his wife it was lawfull to giue such a Bill ſ Mat. 5.31 19.8 Deut. 24.1.2 Mal. 2.16 Is there any difference betweene Repudium and Diuortium None at all in the Scriptures Yet Modestinus saith that Repudium is betweene the bridegroome and bride but diuorce between the husband and wife after that marriage is consummated Which distinction we will obserue and first of the first Whether is mariage to be broken off by mutuall consent as it is by consent contracted No because it is not done by humane consent onely as other contracts of humane societie but by the diuine authoritie and what God hath conioyned let no man separate t Mat. 1◠6 In what cases is Repudium vsed or spousals dissolued There are seauen such cases recorded 1 If either of them fall into infamie after the betroathing for some crime 2 If either of both fall into any grieuous infirmitie of bodie or minde such as should cause the vse of mariage to be loathsome or contagious as leprosie epilepsie palsie frensie c. And indeed it were very expedient to forbid such to marie by the Laws seeing that they doe seeme to haue single life imposed vpon them from Heauen and are depriued of power to vse mariage for who can marie with a good conscience that by mariage must needes vndoe himselfe and others and beget children to perpetuall miserie and the generall hurt of the weale publike 3 If the bridegroome commit filthinesse with any of his brides kindred that mariage shall be dissolued though the party innocent be vnwilling and the incestuous person punished 4 Malitious and daily absence but yet he that is absent against his will whilst the three publishings are performed in the Church is no forsaker 5 Apostacie from the true religion and worshippe of God 6 So great offence of the mindes of the bride bridegroome as that they cannot by any meanes be reconciled and they haue not lyen together least some hainous thing might follow of such constrained mariages yet so as that they be punished for their breaking of couenant 7 If such a maime happen in the meane time as whereby the person is become loathsome prouided that they haue not lyen together Hereunto adde adultery which dissolueth the bonde both of contract of matrimonie Also contracts betweene those that are vnder age or done without parents or friends authoritie or error of person or quality as Lea for Rachel or a seruant for a freeborne or by force or feare or els vnder condition onely all which may be dissolued so that there haue beene no voluntarie coupling or consent How many waies is consummated mariage broken Two 1 When that which of it selfe and by right is none is counted for none or else is ipso iure declared to be none 2 When that which was confirmed is for lawful causes broken For whas causes is mariage declared ipso iure to be none 1 When the fault is in the contract of mariage 2 When it is in the persons contracting When is the fault in the consent or contract of mariage When the contract is either filthy or vnlawful or vniust VVhen is the consent filthy 1 When it is contrarie to the lawe of God and nature and is contracted vnder the degrees of God forbidden 2 Vnlawfull when it repugneth the edicts of Godly Magistrats But yet this difference is to be noted that wicked contracts within the degrees forbidden by Gods lawe neither can nor ought to be confirmed either by humane dispensation or Ecclesiasticall benediction or carnall copulation But contracts within degrees forbidden by the Magistrate may be permitted by some dispensation where necessitie and reason requireth it VVhat contract is vniust That which is done by children that are vnder the gouernment of their Parents against their consent and authoritie iudging well and rightly which if the Parents will by no means ratifie Mat. 19.6 it ought to be none for as Christ saith That which God hath ioyned together let no man set asunder so that which man conioyneth against or besides Gods word God will haue separated What fault is that betweene the persons which maketh mariage ipso iure to be none Wheras she that was maried for a maid is found by certain testimonies to haue bin defiled for such a one ought by the law of god to be stoned to death as an adulteresse b Deut. 22.29 Caus 29. quest 1. Can 1. Wheras the Canonists say notwithstāding that fornication following mariage only hurteth 2 If either of thē hauing som natural impotēcy be vnfit for mariage or if either of thē haue concealed some defect or incurable disease which was not knowne before mariage as to be an Eunuch either by nature or other casualty Mat. 19.12 such a defect forbiddeth mariage when one erreth the other deceiueth according to that rule Errantis voluntas nulla an erring will is no will and that contract of good faith where craft hath beene cause is ipso iure none And forasmuch as God reprooueth deceipt fraud and errour he is not to be called the author of such mariages How many waies is mariage made said to be dissolued By two 1 By death as the Apostle reasoneth a 1. Cor. 7.39 Rom. 7.2.3 Mat. 22.30 against Tertullian Montanus and Hierom. And Christ teacheth that in heauen they neither marie nor giue in mariage 2 Mariage is dissolued by Diuorcement Doth it agree with Gods Lawe for a man to put away his wife Not simply for it is neither simply commaunded nor forbidden but permitted by giuing of a bill of Diuorce for hereof Moses hath a politike but not a morall law b Deut. 24.1 But the reason of this Lawe seemeth not so much to be necessary as of rash leuitie and hardnesse of heart There was indeede some reason of necessitie in respect of the wiues for it was fitter for them to be once dimitted than to be alwaies in ill handling or els in danger of life Therefore the Lord appointed for such as would not be perswaded to keepe their wiues not Diuorcement but a manner of Diuorcing to wit to giue a bill of Diuorce for the wiues safety against her husbands crueltie and that not without his owne infamie But the rashnesse of husbands exceeded which for euerie occasion sought to be diuorced and this rashnesse was to be bridled Whereupon Christ saith Moses suffered you to put away your
happen to returne againe which was thought dead The later mariage contracted by meere ignorance shal be dissolued the fault being thus fouÌ„d to haue bin eithers shal not be imputed vnto either of them Doth barrennesse breake off Matrimonie No for that defect is commonly hidden vnknowne God hath often holpen it when as it hath bin couÌ„ted desperate a. 2. Seeing that God giueth children who shutteth openeth the womb according to his own good pleasure he seemeth after a sorr to lay violent hands vpon God who reiecteth the wife giuen him by God because she beareth him no children Is diuorcement to be permitted for offences or for ciuil death as to be condemned to the Gallies or mines or banishment or els perpetuall imprisonmeÌ„t or els by reason of some disease fallen into after the consummation of mariage or for any other the like causes Herein the iudgements of Doctors do differ for some denie DiuorcemeÌ„t for any such cause because god hath said Whom god hath conioyned let no man separate b Mat. 6. but man separateth when he doth it without Gods word But God hath not granted Diuâ—rcement in his word for such causes But this question were superfluous if the magistrate did his dutie for he should cut off such offendors and so should the innocent party be prouided for Now as concerning ciuill death the Canons teach that the wife is to follow the husband either in banishment or imprisonment As touching diseases caught after lawfull mariage the rule is to be obserued Ill accidents are patiently to bee borne in mariage where there is no fault committed But yet Leprosie is wont to be reckoned amongst the causes of Diuorce for seeing there is a law concerning the Leprous that they dwel apart by themselues that it is incurable that the clean person ought not to be infected with that disease yea the law hath also a caution for the children that contagious children be not procreated of infected parents to the certaine destruction of the whole common weale it is very conuenient that the sound person be not compelled to coÌ„pany with the infected yoak-fellow Hitherto belongeth madnesse which breaketh out into manifest and incurable rage which is to be restrained with bonds least they hurt their owne children or wise or else whomsoeuer they can come by Concerning crueltie ill vsage of one toward the other Theodosius his law the Canon law also the iudgement of the best Diuines do permit in such cases after reconciliation hath bin often tryed in vaine and domesticall separation for a time diuorcement to be made least the innocent party being too much broken with griefe attempt some vnlawful thing For patience being too much hurt turneth into furie But let the innocent party c 1 Cor. 10.13 Mat. 19.8 in the meane time make account that he is called to single life in faith craue victorie of him who suffereth not his to be tempted aboue their strength Therefore as Christ accused not but excused Moses for granting Diuorcement for the hardnesse of their hearts so many at this day thinke that the Christian Magistrate is to be excused in helping by diuorcemeÌ„t those who are miserably vniustly tyrannously and cruelly oppressed for they thinke it better for them to liue apart angelically than together diuelishly but yet if both of them doe one rage against another with words or stripes they thinke separation ought so to be made so as that all hope of new mariage againe be taken from them that yet by this meanes whatsoeuer before this be admitted they may bee reconciled Cod. l. 8. de repud But our consistorie laws do very wel appoint to try al means whatsoeuer before this be admitted Wherein they agree with Iustinian who saith Euen as wee forbid the dissolution of mariage without iust cause so we desire to haue those that are oppressed with aduerse necessitie to bee freed with a necessarie though an vnhappie helpe What is to be done thinke you if either of them being become an vngodly Apostate or obstinate heretike endeuour to draw and compell the other into the same Apostacie and impietie or into any other crime Heere the Magistrate is to make diuorcement with the sword according to Gods commaundement That whosoeuer teacheth Apostasie or turning away from the Lord God he should be slaine and so euill might be taken from the midst of the people a Deut. 13 6 VVhat if the Magistrate neglect his dutie Let the Apostles precept bee of force Auoid an Hereticke after once or twice admonition b Tit. 3.16 Luke 14.26 And so also the Atheist Apostate and Blasphemer Also that of our Sauiour If any come vnto me and hateth not his father mother wife c. is not worthy of me And againe If thine eye offend thee plucke it out c Math. 5.29 And againe whosoeuer forsaketh house field or wife c. shall receiue an hundred fold d 19.29 Hath the wife the like right against her husband that he hath against her in suing for diuorcement If you respect the right which the one hath in the others bodie the bond is equall Wherefore e Cor 7 4 in an equall Obligation it is meet that the same right be granted vnto the one as to the other prouided that modestie be obserued which becommeth the woman towards her husband being agent By whome ought the diuorcement to be made By no priuate person or by the innocent partie or of their owne priuate authority for no man may bee iudge in his owne cause but by lawfull Iudges as well Ecclesiasticall as ciuill if they may be had because mariage consisteth of the Diuine f Mat. 18.15 16 17. humane law mixt not rashly but after reconcilement hath beene sought and the cause lawfully knowne and iudged by alleaging and prouing on both sides For Abrahaam did not put away Hugar vpon his owne priuate iudgement but by the manifest commandement of God g Gen. 21.12 What contrarieth this Doctrine The errour of the Romanists who affirme that there may bee a lawfull separation of mariages for the attaining of Euangelicall perfection as they call it expounding that place of Mathew amisse e Mat 19.12 For they are said to castrate themselues for the Kingdome of Heauen which abstaine from mariage and by the gift of God liue continently that they may serue God more freely as if they wanted their virill parts such as is the cutting off the foote hand and the pulling out of the eye Secondly that it may be broken for the profession of a monasticall life yea though one of the maried couple be against it and that only by the Popes authoritie 3. Lastly this is against the peruerse opinion of such which thinke that that law of Moses concerning Diuorce which is Deu. 24.2 ought now to be of force in the Church of Christ The fourteenth common place of the gouernment of the world or Gods
of God is within vs b Luk 17.21 Rom. 14.16 as also because the Gospell euen without the sacraments is the power of God to saluation to all that beleeue Rom. 1.17 as also lastly because the faithfull are neuer depriued of the matter of the Sacraments although they are constrayned to want those visible signes How doe Sacraments differ from Miraclesâ—s 1 In nature or definition For true miracles are strange works being the same thing which they shew and exhibiting the things themselues at the sight whereof the minds of men doe wonder done for the confirmation of generall doctrine to the vnbeleeuers c and bring authoritie to them that teach Now sacraments be vsuall works 1. Cor. 14.8 taken from daily vse which bring no wonder with them being one thing indeed signifying another for the confirmation of the faith of the beleeuers promise of grace 2 In time For miracles are extraordinarie which endure but for a time in the Church But Sacramentes bee ordinarie workes which are to bee vsed vntill the ende of the world What is the end of Sacraments 1 The first and most principall which doth good vnto the consciences in respect of God that they should bee not onely figures Emblemes manifest resemblances and pictures a Gal. 3. or looking glasses and signes which should declare and as it were paint before our eyes and teach what Iesus Christ hath performed and doth performe for vs but also that they might be seales and pledges of Gods promise imbraced by faith or of the righteousnesse which is of faith or of our incorporation oâ— communion with Christ therefore they are confirmations of our faith b Rom. 6.3 Gal. 3.24 1. Corinth 10.16 As many of vs as bee baptised wee are baptised vnto his death the breade which we breake c. 2 The subordinate ends in respect of vs 1. That they might be signs of confession and badges of the profession of true religion wherby we might be discerned from other sectes as souldiers are discerned by their militarie liueries 2. That they might preserue the memorie of the benefits of Christ Ex. 12 1â— This day shall be vnto you for a remembrance And 13.9 It shall be a signe in thy hand and as a thing hanged vp for remembrance betweene thine eyes Luke 22.19 Do this in remembrance of me 3 That they might be testifycations of our thankfulnesse 4 To be admonitions of our dutie toward God when as thereby we do openly professe wee desire to be accounted among the people of God and that we desire to worship the true God alone who hath reuealed himselfe to his people as well in his vndoubted word written by his Prophets and Apostles as also by these Sacraments and doe binde our selues to him vnto the studie of obedience pietie and innonencie 5 That they might be as sinewes of publicke assemblies and of the communion of the Church lastly to be the bands of mutuall loue and concord betweene the members of the Church vnder one head Christ d Act. 10.45 1 Cor. 10.7 Eph. 4.5 Which ends are comprehended in the other part of the Couenant Which is the right vse of the Sacraments 1 That they be vsed according to the prescript rule of God without mayming or deprauing them 2 That they be vsed of those for whom they were appointed that is such as be of the household of Christ 3 For that end for which they were ordayned the which vse doth require faith in the receiuer to apprehend the thing signified that is the promise of grace and remission of sinnes otherwise the promise is vnprofitable vnlesse it be imbraced by faith Acts. 8.37 If thou beleeuest with all thnie heart thou maist be baptised Math. 3.7 Iohn baptised them confessing their sinnes What be the effects of the Sacraments The mouing or stirring of the heart to beleeue and the confirmation of faith For as the audible word entering into the cars striketh the heart euen so the Sacrament as a visible word entering into the eyes stirreth vp the heart to beleeue by the inward working of the holy Ghost whence commeth the applying of Christ and his benefits then there followeth the increase and strengthening of faith and euery day a more neare growing vp with Christ that he might liue in vs and we in him Gal. 2.20 What punishment doth remaine for contemners of the Sacraments A grieuous punishment not that God standeth vpon the ceremonies but because he would haue honour giuen to the pledges of his grace because of that great good which is reaped of them For this cause he thought to haue punished the negligence of Moses because he had omitted the circumcising of his sonne not onely by forgetfulnesse or carelesnesse but because he knew very well that it was an odious thing eyther to his wife or else to his father in law a Exod. 4.21 So amongst the Corinthians when the holy Supper was profaned the plague was spread among them because it was a monstrous sinne to make so light account of so precious a treasure b 1 Cor 11.18.30 What is contrarie to this dostrine 1 The errour of all those which eyther deuise new sacraments or else doe add or detract something from those which be instituted of God 2 The error of the Anabaptists who affirme that the sacraments are onely an outward badge of Christianitie and that they bee onely certaine remembrances excluding the true giuing and spirituall receiuing of the things signified and lastly that in the sacraments are onely contained figures and signes of the morall commaundements 3 Of the Donatists who hold that the Sacraments being administred by euill men are of no efficacie or weight 4 Of the Manichees who taught that the signes being changed the things were changed 5 Of the Ebionites who would haue the Iewish rites to bee retained with the rites of Christians 6 Of the schoolemen who taught that the Sacraments of the olde law did no more but shadow out grace but the sacraments of the new law doe conferre grace 7 Of the Papists who say 1 That the Sacraments of the new Couenant doe containe and by themselues conferre or merite grace and iustifie or pardon sinnes and sanctifie by the very deed doue yea without the good affection of the partie vsing them that is without faith 2 They appoint seauen sacraments as necessarie Baptisme Confirmation the Eucharist Penance extream vnction voluntarie Orders and Matrimonie 3 They think that by vertue of the words as by a magicall charme the natures of the things are changed and cease to be that they were before 4. In the administration of the Sacraments they vse an vnknowne tongue 5. They giue the sacraments to thinges without life 8 The errour of those who vse the name of a Testament properlye for a Sacrament whereas this word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 doth signifie the same that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is a Couenant made between them that be at ods which can