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
publisht this doctrine of divorce as an article of their confession after they had taught so eight and twenty years through all those times when that Citie flourisht and excell'd most both in religion lerning and good government under those first restorers of the Gospel there Zellius Hedio Capito Fagius and those who incomparably then govern'd the Common-wealth Farrerus and Sturmius If therefore God in the former age found out a servant and by whom he had converted and reform'd many a citie by him thought good to restore the most needfull doctrine of divorce from rigorous and harmfull mistakes on the right hand it can be no strange thing if in this age be stirre up by whatsoever means whom it pleases him to take in hand maintain the same assertion Certainly if it be in mans discerning to sever providence from chance I could allege many instances wherin there would appear cause to esteem of me no other then a passive instrument under some power and counsel higher and better then can be human working to a general good in the whole cours of this matter For that I ow no light or leading receav'd from anyman in the discovery of this truth what time I first undertook it in the doctrine and discipline of divorce and had only the infallible grounds of Scripture to be my guide he who tries the inmost heart and saw with what severe industry and examination of my self I set down everâ— period will be my witnes When I had almost finisht the first edition I chanc't to read in the notes of Hâ—go Grotius upon the 5. oâ— Matth. whom I strait understood inclining to reasonable terms in this controversie and somthing be whisper'd rather then disputed about the law of charity and the true end of wedlock Glad therfore of such an able assistant how ever at much distance I resolv'd at length to put off into this wild and calumnious world For God it seems intended to prove me whether I durst alone take up a rightful cause against a world of disesteem found I durst My name I did not publish as not willing it should sway the reader either for me or against me But when I was told that the stile which what it ailes to be so soon distinguishable I cannot tell was known by most men and that some of the Clergie began to inveigh and exclaim on what I was credibly inform'd they had not read I took it then for my proper season both to shew them a name that could easily contemn such as indiscreet kind of censure and to reinforce the question with a more accurat diligence that if any of them would be so good as to leav rayling and to let us hear so much of his lerning and Christian wisdom as will be strictly demanded of him in his answering to this problâ—me care was had he should not spend his prepâ—rations against 〈◊〉 pamphlet By this time I had lâ—rnt that Paulus Fagius one of the chief Divines in Germany sent for by Frederic the Paâ—tine to reforme his dominion and after that invited hither in King Edwards dayes to be Professor of Divinity in Cambridge was of the same opinion touching divorce which these men so lavishly traduc't in me What I found I inserted where fittest place was thinking sure they would respect so gâ—ave an author at lest to the moderating of their odious inferences And having now perfected a second edition I referr'd the judging therof to your high and impartial sentence honour'd Lords and Commons For I was confident if any thing generous any thing noble and above the multitude were left yet in the spirit of England it could be no where sooner found and no where sooner understood then in that house of justice and true liberty where ye sit in câ—unsel Nor doth the event hitherto for some reasons which I shall not â—eer deliver faile me of what I conceiv'd so highly Nevertheless being farre otherwise dealt with by some of whose profession and supposed knowledge I had better hope and esteem'd the deviser of a new and pernicious paradox I felt no difference within me from that peace firmnes of minde which is of neerest kin to patience and contentment both for that I knew I had divulg'd a truth linkt inseparably with the most fundamental rules of Christianity to stand or fall together and was not un-inform'd that divers lerned and judicious men testify'd their dâ—ily approbation of the book Yet at length it hath pleas'd God who had already giv'n me satisfaction in my self to afford me now a means wherby I may be fully justify'd also in the eyes of men When the book had bin now the second time set forth wel-nigh three months as I best remember I then first came to hear that Martin Bucer had writt'n much concerning divorce whom earnestly turning over I soon pâ—rceav'd but not without amazement in the same opinion confirm'd with the same reasons which in that publisht book without the help or imitation of any precedent Writer I had labour'd out and laid together Not but that there is some difference in the handling in the order and the number of arguments but still agreeing in the same conclusion So as I may justly graâ—ulat mine own mind with due acknowledgement of assistance from above which led me not as a lerner but as a collateral teacher to a sympathy of judgement with no lesse am in then Martin Bucer And he if our things heer below arrive him where he is does not repâ—nt him to see that point of knowledge which he first and with an uncheâ—t freedom preacht to those more knowing times of England now found so necessary though what he admonisht were lost out of our memory yet that God doth now again create the same doctrin in another unâ— table and raises it up immediatly out of his pure oracle to the convincement of 〈◊〉 pâ—rvers age eager in the reformation of names and ceremonies but iâ— realâ—ies as traditional and as ignorant as their forefathers I would ask now the foremost of my profound accusers whether they dare affirm that to be licâ—ntious new and dangerous which Martin Bucer so often and so urgently avoucht to be most lawfull most necessary and most Christian without the lest blemish to his good name among all the worthy men of that age and since who testifie so highly of him If they dare they must then set up an arrogance of their own against all those Churches and Saints who honour'd him without this exception If they dare not how can they now make that licentious doctrin in another which was never blam'd or confuted in Bucer or in Fagius The truth is there will be due to them for this their unadvised rashnes the best donative that can be giv'n them I mean a round reproof now that where they thought to be most Magisterial they have display'd their own want both of reading and of judgement First to be so unacquainted in the writings of
and proper and main end of mariage is the communicating of all duties both divine and humane each to other with utmost benevolence and affection CHAP. XXXIX The properties of a true and Christian mariage more distinctly repeated BY which definition wee may know that God esteems and reckons upon these foure necessary properties to be in every true mariage 1. That they should live together unlesse the calling of God require otherwise for a time 2. That they should love one another to the height of dearnes and that in the Lord and in the communion of true Religion 3. That the husband beare himself as the head and preserver of his wife instructing her to all godlines and integritie of life that the wife also be to her husband a help according to her place especially furdering him in the true worship of God and next in all the occasions of civil life And 4. That they defraud not each other of conjugal benevolence as the Apostle commands 1 Cor. 7. Hence it follows according to the sentence of God which all Christians ought to be rul'd by that between those who either through obstinacy or helples inabilitie cannot or will not perform these repeated duties between those there can be no true matrimony nor ought they to bâ— counted man and wife CHAP. XL Whether those crimes recited Chap. 37. out of the civil law dissolv matrimony in Gods account NOw if a husband or wife be found guilty of any those crimes which by the law consensu are made causes of divorce t is manifest that such a man cannot be the head and preserver of his wife nor such a woman be a meet help to her husband as the divine law in true wedlock requires for these faults are punisht either by death or deportation or extream infamy which are directly opposite to the covnant of mariage If they deserve death as adultery and the like doubtles God would not that any should live in wedlock with them whom he would not have to live at all Or if it be not death but the incurring of notorious infamy certain it is neither just nor expedient nor meet that an honest man should be coupl'd with an infamous woman nor an honest matron with an infamous man The wise Roman Princes had so great regard to the equal honour of either wedded person that they counted those mariages of no force which were made between the one of good repute and the other of evill note How much more will all honest regard of Christian expedience and comlines beseem concern those who are set free and dignify'd in Christ then it could the Roman Senate or thir sons for whoÌ„ that law was provided And this all godly men will soon apprehend that he who ought to be the head and preserver not only of his wife but also of his children and family as Christ is of his Church had need be one of honest name so likewise the wife which is to be the meet help of an honest and good man the mother of an honest off-spring and family the glory of the man ev'n as the man is the glory of Christ should not be tainted with ignominy as neither of them can avoid to be having bin justly appeacht of those forenamed crimes and therfore cannot be worthy to hold thir place in a Christian family yea they themselvs turn out themselvs and dissolv that holy covnant And they who are true brethren and sisters in the Lord are no more in bondage to such violaters of mariage But heer the Patrons of wickednes and dissolvers of Christian discipline will object that it is the part of man and wife to bear one anothers crosse whether in calamitâ—e or infamy that they might gain each other if not to a good name yet to repentance and amendment But they who thus object seek the impunity of wickednes and the favour of wicked men not the duties of true charity which preferrs public honesty before private interest and had rather the remedies of wholsom punishment appointed by God should be in use then that by remisness the licence of evil doing should encrease For if they who by committing such offences have made void the holy knott of mariage be capable of repentance they will be sooner mov'd when due punishment is executed on them then when it is remitted Wee must ever beware lest in contriving what will be best for the souls health of delinquents wee make our selvs wiser and discreeter then God He that religiously waighs his oracles concerning mariage cannot doubt that they who have committed the foresaid transgressions have lost the right of matrimony and are unworthy to hold thir dignity in an honest and Christian family But if any husband or wifeâ—see such signs of repentance in thir transgressor as that they doubt not to regain them by continuing with them and partaking of thir miseries and attaintures they may be left to thir own hopes and thir own mind saving ever the right of Church and Common-wealth that it receav no scandal by the neglect of due severity and thir children no harm by this invitation to licence and want of good education From all these considerations if they be thought on as in the presence of God and out of his Word any one may perceav who desires to determine of these things by the Scripture that those causes of lawfull divorce which the most religious Emperours Theodosius and Valentinian set forth in the forecited place are according to the law of God and the prime institution of mariage And were still more and more straitn'd as the Church and State of the Empire still more and more corrupted and degenerated Therfore pious Princes Common-wealths both may and ought establish them again if they have a mind to restore the honour sanctitie and religion of holy wedlock to thir people and dis-intangle many consciences from a miserable and perilous condition to a chaste and honest life To those recited causes wherfore a wife might send a divorce to her husband Justinian added foure more Constit 117. And foure more for which a man might put away his wife Three other causes were added in the Code derepudiis l. Jubemus All which causes are so cleerly contrary to the first intent of mariage that they plainly dissolv it I set them not down beeing easie to be found in the body of the civil Law It was permitted also by Christian Emperours that they who would divorce by mutuall conscnt might without impediment Or if there were any difficulty at all in it the law expresses the reason that it was only in favour of the children so that if there were none the law of those godly Emperours made no other difficulty of a divorce by consent Or if any were minded without consent of the other to divorce and without those causes which have bin nam'd the Christian Emperours laid no other punishment upon them then that the husband wrongfully divorcing his wife should give back
divided me from a most unanimous friend one truly according to mine own heart My minde is over-prest with grief in so much that I have not power to write more I bid thee in Christ farewell and wish thou maist be able to beare the losse of Bucer better then I can beare it Testimonies giv'n by learned men to Paulus Fagius who held the same opinion with Martin Bucer concerning Divorce Paulus Fagius born in the Palatinate became most skilfull in the Hebrew tongue Beeing call'd to the Ministery at Isna he publisht many ancient and profitable Hebrew Books being aided in the expenses by a Senator of that Citie as Origen somtime was by a certain rich man call'd Ambrosius At length invited to Strasburgh he there famously discharg'd the office of a Teacher until the same persecution drove him and Bucer into England where he was preferr'd to a Professors place in Cambridge and soon after died Melchior Adamus writes his life among the famous German Divines Sleidan and Thuanus mention him with honour in their History And Verheiden in his Elogies To the PARLAMENT THE Book which among other great and high points of reformation contains as a principall part thereof this treatise here presented Supreme Court of Parlament was by the famous Author Martin Bucer dedicated to Edward the sixt whose incomparable youth doubtless had brought forth to the Church of England such a glorious manbood bad his life reacht it as would have left in the affairs of religion nothing without an excellent pattern for us now to follow But since the secret purpose of divine appointment hath reserv'd no lesse perhaps then the just half of such a sacred work to be accomplisht in this age and principally as we trust by your succesful wisdom and authority religious Lords and Commons what wonder if I seek no other to whose exactest judgement and revieu I may commend these last and worthiest labours of this renowned teacher whom living all the pious nobility of those reforming times your truest and best imitated ancestors reverenc't and admir'd Nor was be wanting to a recompence as great as was himself when both at many times before and especially among his last sighs and prayers testifying his dear and fatherly affection to the Church and Realm of England he sincerely wisht in the hearing of many devout men that what he had in this his last book written to King Edward concerning discipline might have place in this Kingdom His hope was then that no calamity no confusion or deformity would happen to the Common-wealth but otherwise he fear'd lest in the midst of all this ardency to know God yet by the neglect of discipline our good endeavours would not succeed These remarkable words of so godly and so eminent a man at his death as they are related by a sufficient and well known witnes who heard them and inserted by Thuanus into his grave and serious history so ought they to be chiesly consider'd by that nation for whose sake they were utter'd and more especially by that general Counsel which represents the body of that nation If therfore the book or this part therof for necessary causes be now reviv'd and recommended to the use of this undisciplin'd age it hence appears that these reasons have not err'd in the choyee of a fit patronage for a discourse of such importance But why the whole tractat is not beer brought entire but this matter of divorcement selected in particular to prevent the full speed of some mis-interpreter I hasten to disclose First it will be soon manifest to them who know what wise men should know that the constitution and reformation of a common-wealth if Ezra and Nehemiah did not mis-reform is like a building to begin ordâ—rly from the foundation therof which is mariage and the family to set right fiâ—st what ever is amisse therein How can there els grow up a race of warrantable men while the house and home that breeds them is troubl'd and disquieted under a bondage not of Gods constraining with a natureles consteâ—int if his most righteâ—us judgements may be our rule but laid upon us impeâ—iously in the worst and weakest ages of knowledge by a canonicall tyranny of stupid and malicious Monks who having rashly vow'd themselves to a single life which they could not undergoe invented new fetters to throw on matrimony that the world thereby waxing more dissolute they also in a general loosnes might sin with more favor Next there being yet among many such a strange iniquity and perversnes against all necessary divorce while they will needs expound the words of our Saviour not duly by comparing other places as they must doe in the resolving of a hunder'd other Scriptures but by persisting deafely in the abrupt and Papistical wayâ— of a literal apprehension against the direct analogy of sense reason law and Gospel it therfore may well seem more then time to apply the sound and holy persuasions of this Apostolic man to that part in us which is not yet fully dispossest of an error as absurd as most that we deplove in our blindest adversaries and to let his autority and unanswerable reasons be vulgarly known that either his name or the force of his doctrine may work a wholsom effect Lastly I find it cleer to be the authors intention that this point of divorcement should be â—eld and receav'd as a most necessary and prime part of discipline in every Christian government And therfore having reduc't his model of reformation to 14. heads he bestows almost as much time about this one point of divorce as about all the rest which also was the judgement of his heirs and learned friends in Germany best acquainted with his meaning who first publishing this his book by Oporinus at Basil a Citie for learning and constancie in the the true faith honorable among the first added a special note in the title that there the reader should finde the doctrine of Divorce handl'd so solidly and so fully as scars the like in any Writer of that age and with this particular commendation they doubted not to dedicate the book as a most profitable exquisit discours to Christian the 3d a worthy pious King of Denmark as the author himself had done before to our Edward the sixt Yet did not Bucer in that volume only declare what his constant opinion was herein but also in his comment upon Matthew written at Strasburgh divers years before he treats distinctly and copiously the same argument in three severall places touches it also upon the 7. to the Romans promises the same solution more largely upon the 1. to the Corintbians omitting no occasion to weed out this last and deepest mischief of the Canon law sown into the opinions of modern men against the lawes and practice both of Gods chosen people and the best primitive times Wheriâ— his faithfulnes and powerful evidence prevail'd so farre with all the Church of Strasburgh that they