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A70542 Two great questions determined by the principles of reason & divinity I. whether the right to succession in hæreditary kingdoms, be eternal and unalterable? Neg. : II. whether some certain politick reasons may not be sufficient grounds of divorce? Affirm. Lawrence, William, 1613 or 14-1681 or 2. 1681 (1681) Wing L692A; ESTC R19202 24,141 40

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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