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A89158 Tetrachordon: expositions upon the foure chief places in scripture, which treat of mariage, or nullities in mariage. On Gen.I.27.28. compar'd and explain'd by Gen.2.18.23.24. Deut.24.1.2. Matth.5.31.32. with Matth.19. from the 3d.v. to the 11th. I Cor.7. from the 10th to the 16th. Wherein the doctrine and discipline of divorce, as was lately publish'd, is confirm'd by explanation of scripture, by testimony of ancient fathers, of civill lawes in the primitive church, of famousest reformed divines, and lastly, by an intended act of the Parlament and Church of England in the last eyare of Edvvard the sixth. / By the former author J.M. Milton, John, 1608-1674. 1645 (1645) Wing M2184; Thomason E271_12; ESTC R212199 97,577 109

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matter of finding it self so much less satisfy'd then before in the continuance of an unhappy yoke wherein there can be no representation either of Christ or of his Church Thus having enquir'd the institution how it was in the beginning both from the 1 Chap. of Gen where it was only mention'd in part and from the second where it was plainly and evidently instituted and having attended each clause and word necessary with a diligence not drousy wee shall now fix with som advantage and by a short view backward gather up the ground wee have gon and summ up the strength wee have into one argumentative head with that organic force that logic proffers us All arts acknowledge that then only we know certainly when we can define for definition is that which refines the pure essence of things from the circumstance If therfore we can attain in this our Controversy to define exactly what mariage is wee shall soon lern when there is a nullity thereof and when a divorce The part therfore of this Chapter which hath bin heer treated doth orderly and readily resolv it self into a definition of mariage and a consectary from thence To the definition these words cheifly contribute It is not good c. I will make c. Where the consectary begins this connexion Therfore informs us Therfore shall a man c. Definition is decreed by Logicians to consist only of causes constituting the essence of a thing What is not therfore among the causes constituting mariage must not stay in the definition Those causes are concluded to be matter and as the Artist calls it Form But inasmuch as the same thing may be a cause more waies then one and that in relations and institutions which have no corporal subsistence but only a respective beeing the Form by which the thing is what it is is oft so slender and undistinguishable that it would soon confuse were it not sustain'd by the efficient and final causes which concurre to make up the form invalid otherwise of it self it will bee needfull to take in all the fowr causes into the definition First therfore the material cause of matrimony is man and woman the Author and efficient God and their consent the internal Form and soul of this relation is conjugal love arising from a mutual fitnes to the final causes of wedlock help and society in Religious Civil and Domestic conversation which includes as an inferior end the fulfilling of natural desire and specifical increase these are the final causes both moving the efficient and perfeting the form And although copulation be consider'd among the ends of mariage yet the act therof in a right esteem can no longer be matrimonial then it is an effect of conjugal love When love findes it self utterly unmatcht and justly vanishes nay rather cannot but vanish the fleshly act indeed may continue but not holy not pure not beseeming the sacred bond of mariage beeing at best but an animal excretion but more truly wors and more ignoble then that mute kindlyness among the heards and flocks in that proceeding as it ought from intellective principles it participates of nothing rational but that which the feild and the fould equalls For in human actions the soule is the agent the body in a manner passive If then the body doe out of sensitive force what the soul complies not with how can man and not rather somthing beneath man be thought the doer But to proceed in the persute of an accurat definition it will a vail us somthing and whet our thoughts to examin what fabric heerof others have already reard Paraeus on Gen. defines Mariage to be an indissoluble conjunction of one man and one woman to an individual and intimat conversation and mutual benevolence c. Wherin is to be markt his placing of intimat conversation before bodily benevolence for bodily is meant though indeed benevolence rather sounds will then body Why then shall divorce be granted for want of bodily performance and not for want of fitnes to intimat conversation when as corporal benevolence cannot in any human fashion bee without this Thus his definition places the ends of Mariage in one order and esteems them in another His Tautology also of indissoluble and individual is not to be imitated especially since neither indissoluble nor individual hath ought to doe in the exact definition beeing but a consectary flowing from thence as appears by plain Scripture Therfore shall a man leav c. For Mariage is not true mariage by beeing individual but therfore individual if it be true Mariage No argument but causes enter the definition a Consectary is but the effect of those causes Besides that Mariage is indissoluble is not Catholickly true wee know it dissoluble for Adultery and for desertion by the verdit of all Reformed Churches Dr. Ames defines it an individual conjunction of one man and one woman to communion of body and mutual society of life But this perverts the order of God who in the institution places meet help and society of life before communion of body And vulgar estimation undervalues beyond comparison all society of life and communion of minde beneath the communion of body granting no divorce but to the want or miscommunicating of that Hemingius an approved Author Melanchtons Scholler and who next to Bucer and Erasmus writes of divorce most like a Divine thus comprises Mariage is a conjunction of one man and one woman lawfully consenting into one flesh for mutual helps sake ordain'd of God And in his explanation stands punctually upon the conditions of consent that it be not in any main matter deluded as beeing the life of wedloc and no true marriage without a true consent Into one flesh he expounds into one minde as well as one body and makes it the formal cause Heerin only missing while he puts the effect into his definition instead of the cause which the Text affords him For one flesh is not the formal essence of wedloc but one end or one effect of a meet help The end oft times beeing the effect and fruit of the form as Logic teaches Els many aged and holy matrimonies and more eminently that of Joseph and Mary would bee no true mariage And that maxim generally receiv'd would be fals that consent alone though copulation never follow makes the mariage Therefore to consent lawfully into one flesh is not the formal cause of Matrimony but only one of the effects The Civil Lawyers and first Justinian or Tribonian defines Matrimony a conjunction of man and woman containing individual accustom of life Wherin first individual is not so bad as indissoluble put in by others And although much cavil might be made in the distinguishing between indivisible and individual yet the one tak'n for possible the other for actuall neither the one nor the other can belong to the essence of mariage especially when a Civilian defines by which Law mariage is actually divorc't for many causes and with
good leav by mutual consent Therfore where conjunction is said they who comment the Institutes agree that conjunction of minde is by the Law meant not necessarily conjunction of body That Law then had good reason attending to its own definition that divorce should be granted for the breaking of that conjunction which it holds necessary sooner then for the want of that conjunction which it holds not necessary And wheras Tuningus a famous Lawyer excuses individual as the purpos of Mariage not always the success it suffices not Purpos is not able to constitute the essence of a thing Nature her self the universal Mother intends nothing but her own perfection and preservation yet is not the more indissoluble for that The Pandects out of Modestinus though not define yet well describe Mariage the conjunction of male and female the society of all life the communion of divine and human right which Bucer also imitates on the fifth to the Ephesians But it seems rather to comprehend the several ends of Mariage then to contain the more constituting cause that makes it what it is That I therefore among others for who sings not Hylas may give as well as take matter to be judg'd on it will be lookt I should produce another definition then these which have not stood the tryal Thus then I suppose that Mariage by the natural and plain order of Gods institution in the Text may be more demonstratively and essentially defin'd Mariage is a divine institution joyning man and woman in a love fitly dispos'd to the helps and comforts of domestic life A divine institution This contains the prime efficient cause of Mariage as for consent of Parents and Guardians it seems rather a concurrence then a cause for as many that marry are in thir own power as not and where they are not thir own yet are they not subjected beyond reason Now though efficient causes are not requisite in a definition yet divine institution hath such influence upon the Form and is so a conserving cause of it that without it the Form is not sufficient to distinguish matrimony from other conjunctions of male and female which are not to be counted mariage Joyning man and woman in a love c. This brings in the parties consent until which be the mariage hath no true beeing When I say consent I mean not error for error is not properly consent And why should not consent be heer understood with equity and good to either part as in all other freindly covnants and not be strain'd and cruelly urg'd to the mischeif and destruction of both Neither doe I mean that singular act of consent which made the contract for that may remain and yet the mariage not true nor lawful and that may cease and yet the mariage both true and lawful to their sin that break it So that either as no efficient at all or but a transitory it comes not into the definition That consent I mean which is a love fitly dispos'd to mutual help and comfort of life this is that happy Form of mariage naturally arising from the very heart of divine institution in the Text in all the former definitions either obscurely and under mistak'n terms exprest or not at all This gives mariage all her due all her benefits all her beeing all her distinct and proper beeing This makes a mariage not a bondage a blessing not a curse a gift of God not a snare Unless ther be a love and that love born of fitnes how can it last unless it last how can the best and sweetest purposes of mariage be attain'd and they not attain'd which are the cheif ends and with a lawful love constitute the formal cause it self of mariage how can the essence thereof subsist how can it bee indeed what it goes for Conclude therfore by all the power of reason that where this essence of mariage is not there can bee no true mariage and the parties either one of them or both are free and without fault rather by a nullity then by a divorce may betake them to a second choys if thir present condition be not tolerable to them If any shall ask why domestic in the definition I answer that because both in the Scriptures and in the gravest Poets and Philosophers I finde the properties and excellencies of a wife set out only from domestic vertues if they extend furder it diffuses them into the notion of som more common duty then matrimonial Thus farre of the definition the Consectary which flows from thence and altogether depends theron is manifestly brought in by this connexive particle Therfore and branches it self into a double consequence First individual Society therfore shall a man leav father and mother Secondly conjugal benevolence and they shall bee one flesh Which as was shewn is not without cause heer mention'd to prevent and to abolish the suspect of pollution in that natural and undefiled act These consequences therfore cannot either in Religion Law or Reason bee bound and posted upon mankind to his sorrow and misery but receiv what force they have from the meetnes of help and solace which is the formal cause and end of that definition that sustains them And although it be not for the Majesty of Scripture to humble her self in artificial theorems and definitions and Corollaries like a professor in the Schools but looks to be analys'd and interpreted by the logical industry of her Disciples and followers and to bee reduc't by them as oft as need is into those Sciential rules which are the implements of instruction yet Moses as if foreseeing the miserable work that mans ignorance and pusillanimity would make in this matrimonious busines and endevouring his utmost to prevent it condescends in this place to such a methodical and School-like way of defining and consequencing as in no place of the whole Law more Thus wee have seen and if wee be not contentious may know what was Mariage in the beginning to which in the Gospel wee are referr'd and what from hence to judge of nullity or divorce Heer I esteem the work don in this field the controversie decided but because other places of Scripture seem to look aversly upon this our decision although indeed they keep all harmony with it and because it is a better work to reconcile the seeming diversities of Scripture then the reall dissentions of neerest friends I shall assay in three following Discourses to perform that Office Deut. 24. 1 2. 1. When a man hath taken a Wife and married her and it come to pass that she find no favour in his eyes because he hath found som uncleannes in her then let him write her a bill of divercement and give it in her hand and send her out of his house 2 And when she is departed out of his house she may goe and be another mans wife THat which is the only discommodity of speaking in a cleer matter the abundance of argument that presses to bee utter'd