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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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who urgently requires a wicked thing though professing the same religion as from him who urges a heathenish or superstitious compliance in a different faith For if there be such necessity of our abiding wee ought rather to abide the utmost for religion then for any other cause seeing both the cause of our stay is pretended our religion to mariage and the cause of our suffering is suppos'd our constant mariage to religion Beza therfore by his owne definition of a deserter justifies a divorce from any wicked or intolerable conditions rather in the same religion then in a different Aretius a famous Divine of Bern approves many causes of divorce in his Problemes and adds that the lawes and consistories of Swizzerland approve them also As first adultery and that not actual only but intentional all eging Matthew the fifth Whosoever looketh to lust hath committed adultery already in his heart Wher by saith he our Saviour shewes that the breach of matrimony may be not only by outward act but by the heart and desire when that hath once possest it renders the conversation intolerable and commonly the fact followes Other causes to the number of 9. or 10. consenting in most with the imperial lawes may bee read in the author himselfe who averrs them to be grave and weighty All these are men of name in Divinity and to these if need were might be added more Nor have the Civilians bin all so blinded by the Canon as not to avouch the justice of those old permissions touching divorce Alciat of Millain a man of extraordinary wisedome and learning in the sixt book of his Parerga defends those imperial lawes not repugnant to the Gospel as the Church then interpreted For saith hee the antients understood him separat by man whom passions and corrupt affections divorc't not if the provincial Bishops first heard the matter and judg'd as the councel of Agatha declares and on some part of the Code hee names Isidorus Hispalensis the first computer of Canons to be in the same minde And in the former place gives his opinion that diuorce might be more lawfully permitted then usury Corasius recorded by Helvicus among the famous Lawyers hath been already cited of the same judgement Wesembechius a much nam'd Civilian in his comment on this law defends it and afficms that our Sauiour excluded not other faults equall to adultery and that the word fornication signifies larger among the Hebrewes then with us comprehending every fault which alienates from him to whom obedience is due and that the primitive Church interpreted so Grotius yet living and of prime note among learned men retires plainly from the Canon to the antient civility yea to the Mosaic law as being most just and undecevable On the fifth of Matt. he saith that Christ made no civil lawes but taught us how to use law that the law sent not a husband to the Judge about this matter of divorce but left him to his owne conscience that Christ therfore cannot be thought to send him that adultery may be judg'd by a vehement suspition that the exception of adultery seems an example of other like offences proves it from the manner of speech the maxims of law the reason of charity and common equity These authorities without long search I had to produce all excellent men som of them such as many ages had brought forth none greater almost the meanest of them might deserve to obtain credit in a singularity what might not then all of them joyn'd in an opinion so consonant to reason For although som speak of this cause others of that why divorce may be yet all agreeing in the necessary enlargement of that textual straitnes leave the matter to equity not to literal bondage and so the opinion closes Nor could I have wanted more testimonies had the cause needed a more sollicitous enquiry But herein the satisfaction of others hath bin studied not the gaining of more assurance to mine own perswasion although authorities contributing reason withall bee a good confirmation and a welcom But God I solemnly attest him with held from my knowledge the consenting judgement of these men so late untill they could not bee my instructers but only my unexpected witnesses to partial men that in this work I had not given the worst experiment of an industry joyn'd with integrity and the free utterance though of an unpopular truth Which yet to the people of England may if God so please prove a memorable informing certainly a benefit which was intended them long since by men of highest repute for wisedome piety Bucer Erasmus Only this one autority more whether in place or out of place I am not to omitt which if any can think a small one I must bee patitient it is no smaller then the whole assembl'd autority of England both Church and State and in those times which are on record for the purest and sincerest that ever shon yet on the reformation of this Iland the time of Edward the 6th That worthy Prince having utterly abolisht the Canon Law out of his Dominions as his Father did before him appointed by full vote of Parlament a Committy of two and thirty chosen men Divines and Lawyers of whom Cranmer the Archbishop Peter Martyr and Walter Haddon not without the assistance of Sir John Cheeke the Kings Tutor a man at that time counted the learnedest of Englishmen for piety not inferior were the cheif to frame anew som Ecclesiastical Laws that might be in stead of what was abrogated The work with great diligence was finisht and with as great approbation of that reforming age was receav'd and had bin doubtlesse as the learned Preface thereof testifies establisht by Act of Parlament had not the good Kings death so soon ensuing arrested the furder growth of Religion also from that season to this Those laws thus founded on the memorable wisedome and piety of that religious Parlament and Synod allow divorce and second mariage not only for adultery or desertion but for any capital cnmity or plot laid against the others life and likewise for evil and fierce usage nay the 12. Chap. of that title by plaine consequence declares that lesser contentions if they be perpetual may obtaine divorce which is all one really with the position by me held in the former treatise publisht on this argument herein only differing that there the cause of perpetual strife was put for example in the unchangeable discord of som natures but in these lawes intended us by the best of our ancestors the effect of continual strife is determin'd no unjust plea of divorce whether the cause be naturall or wilfull Wherby the warinesse and deliberation from which that discourse proceeded will appeare that God hath aided us to make no bad conclusion of this point seeing the opinion which of late hath undergon ill censures among the vulgar hath now prov'd to have don no violence to Scripture unlesse all these famous Authors alleg'd have done the like nor hath affirm'd ought more then what indeed the most nominated Fathers of the Church both ancient and modern are unexpectedly found affirming the lawes of Gods peculiar people of primitive Christendom found to have practis'd reformed Churches and states to have imitated and especially the most pious Church-times of this Kingdom to have fram'd and publisht and but for sad hindrances in the sudden change of religion had enacted by Parlament Hence forth let them who condemn the assertion of this book for new and licentious be sorry lest while they think to be of the graver sort and take on them to be teachers they expose themselves rather to be pledg'd up and down by men who intimatly know them to the discovery and contempt of their ignorance and presumption The End Errata Pag. 57. lin 16. and by them to prosecute no comma between Pag. 88. lin 3. Basilius Macedo no comma between