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
upon Matthew Chap. 5. 19. I heer insert it from p. 46. Since wee have need of civil laws and the power of punishing it will be wisest not to contemn those giv'n by Moses but seriously rather to consider what the meaning of God was in them what he cheifly requir'd and how much it might be to the good of every Nation if they would borrow thence thir manner of governing the Common-wealth yet freely all things and with the Spirit of Christ For what Solon or Plato or Aristotle what Lawyers or Caesars could make better laws then God And it is no light argument that many Magistrates at this day doe not anough acknowledge the kingdom of Christ though they would seem most Christian in that they govern thir States by laws so divers from those of Moses The 18 Chap. I only mention as determining a thing not heer in question that mariage without consent of parents ought not to be held good yet with this qualification fit to be known That if parents admit not the honest desires of thir children but shall persist to abuse the power they have over them they are to be mollifi'd by admonitions entreaties and persuasions first of thir freinds and kindred next of the Church Elders Whom if still the hard parents refuse to hear then ought the Magistrate to interpose his power left any by the evil minde of thir parents be detain'd from mariage longer then is meet or fore't to an unworthy match in which case the Roman laws also provided Gâ—de nupt. l. 11. 13. 26. CHAP. XIX Whether it may be permitted to revoke the promise of mariage HEer ariseth another question concerning Contracts when they ought to be unchangeable for religious Emperours decreâ—'d that the contract was not indissoluble until the spouse were brought home and the solemnities perform'd They thought it a thing unworthy of divine and human equitie and the due consideration of mans infirmitie in deliberating and determining when space is giv'n to renounce other contracts of much lesse moment which are not yet confirm'd before the Magistrate to deny that to the most waighty contract of marriage which requires the greatest care and consultation Yet left such a covenant should be brok'n for no just cause and to the injury of that person to whom mariage was promis'd they decreed a fine that he who deni'd mariage to whom he had promis'd and for some cause not approv'd by the Judges should pay the double of that pledge which was giv'n at making sure or as much as the Judge should pronounce might satisfie the dammage or the hinderance of either parsie It beeing most certain that ofttimes after contract just and honest causes of departing from promise come to be known and found out it cannot be other then the duty of pious Princes to give men the sâ—me liberty of unpromising in these cases as pious Emperours granted especially where there is only a promise and not carnal knowledge And as there is no true mariage between them who agree not in true consent of mind so it will be the part of godly Magistrates to procure that no matrimony be among thir Subjects but what is knit with love and consent And though your Majesty be not bound to th imperial laws yet it is the duty of a Christian King to embrace and follow what ever he knows to be anywhere piously and justly constituted and to be honest just and well-pleasing to his people But why in Gods law and the examples of his Saints nothing heerof is read no marvell seeing his ancient people had power yea a precept that who so could not bend hismind to the true love of his wife should give her a bill of divorce and send her from him though after carnal knowledge and long dwelling together This is anough to authorize agâ—dly Prince in that indulgence which he gives to the changing of a Contract both because it is certainly the invâ—ntion of Antichrist that the proâ—rise of mariage de praesenti as they call it should be indissoluble and because it should be a Princes care that matrimony be so joyn'd as God ordain'd which is that every one should love his wife with such a love as Adam exprest to Eve So as wee may hope that they who marry may become one slâ—sh and one also in the Lord CHAP. XX Concerns only the celebration of mariage CHAP. XXI The means of preserving mariage holy and pure NOw since there ought not to be lesse care that mariage be religiously kept then that it be piously and deliberately contracted it will be meet that to every Church be ordan'd certain grave and godly men who may have this care upon them to observ whether the husband bear himself wisely toward the wife loving inciting her to all piety and the other duties of this life and whether the wife be subject to her husband and study to be truly a meet help to him as first to all godlines so to every other use of life And if they shal find each to other failing of their duty or the one long absent from the other without just and urgent cause or giving suspicion of irreligious and impure life or of living in manifest wickednes let it be admonisht them in time And if thir autority be contemn'd let the names of such contemners be brought to the Magistrate who may use punishment to compell such violaters of mariage to thir duty that they may abstain from all probable suspicion of transgressing and if they admit of suspected company the Magistrate is to forbid them whom they not therin oboying are to be punisht as adulterers according to the law of Justinian Authont 117. For if holy wedlock the Fountain and Seminary of good subjects be not vigilantly preserv'd from all blots and disturbances what can be hop'd as I said before of the springing up of good men and a right reformation of the Common-wealth We know it is not anough for Christians to abstain from foul deeds but from the appearance and suspicion therof CHAP. XXII Of full divorce what the ancient Churches have thought Now we shall speak about that dissolving of mutrimony which may be approv'd in the sight of God if any greevous necessity requite In which thing the Roman Antichrists have knit many a pernicious entanglement to distrissed consuiences for that they might heer also exalt themselvs above God as if they would be wiser and chaster then God himself is for no cause honest or necessary will they permit final divorce in the 〈◊〉 while whordoms and adulteries and worâ— things then these not duly tolerating in themselvs and others but therishing and throwing then headlong into these evils For although they also dis-joyn married persons from board and bed that is from all conjugall society and communion and this not only for adultery but for ill usage and matrimoniall duties deni'd yet they forbid thosâ— thus parted to joyn in wedlock with others but as I said before any
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