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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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probibits it Whence Gregory the Pope writing to Theoctista inferrs that Ecclesiasticall Courts cannot be dissolv'd by the Magistrate A faire conclusion from a double error First in saying that the divine law prohibited divorce for what will hee make of Moses next supposing that it did how will it follow that what ever Christ for bids in his Evangelic precepts should be hal'd into a judicial constraint against the patterne of a divine law Certainely the Gospel came not to enact such compulsions In the meane while wee may note heere that the restraint of divorce was one of the first faire seeming pleas which the Pope had to step into secular authority and with his Antichristian rigor to abolish the permissive law of Christian princes conforming to a sacred lawgiver Which if we consider this papal and unjust restriction of divorce need not be so deere to us since the plausible restraining of that was in a manner the first loosning of Antichrist and as it were the substance of his eldest horn Nor doe we less remarkably ow the first meanes of his fall heer in England to the contemning of that restraint by Henry 8. whose divorce he oppos'd Yet was not that rigour executed anciently in spiritual Courts untill Alexander the third who trod upon the neck of Frederic Barbarossa the Emperor and summond our Henry 2. into Normandy about the death of Becket He it was that the worthy author may be known who first actually repeal'd the imperial law of divorce and decreed this tyranous decree that matrimony for no cause should be disolv'd though for many causes it might separate as may be seen decret Gregor l. 4. tit 19. and in other places of the Canonicall Tomes The main good of which invention wherein it consists who can tell but that it hath one vertue incomparable to fill all christendom with whordomes and adulteries beyond the art of Balaams or of divells Yet neither can these though so perverse but acknowledge that the words of Christ under the name of fornication allow putting away for other causes then adultery both from bed and bord but not from the bond their only reason is because mariage they beleeve to bee a Sacrament But our Divines who would seem long since to have renounc'd that reason have so forgot them selves as yet to hold the absurdity which but for that reason unlesse there be some mystery of Satan in it perhaps the Papist would not hold T is true we grant divorce for actual prov'd adultery and not for lesse then many tedious and unreparable yeares of desertion wherein a man shall loose all his hope of posterity which great and holy men have bewail'd ere he can be righted and then perhaps on the confines of his old age when all is not worth the while But grant this were seasonably don what are these two cases to many other which afflict the state of mariage as bad and yet find no redresse What hath the soule of man deserv'd if it be in the way of salvation that it should be morgag'd thus and may not redeem it selfe according to conscience out of the hands of such ignorant and slothfull teachers as these who are neither able nor mindful to give due tendance to that pretious cure which they rashly vndertake nor have in them the noble goodnesse to consider these distresses and accidents of mans life but are bent rather to fill their mouthes with Tithe and oblation Yet if they can learne to follow as well as they can seeke to be follow'd I shall direct them to a faire number of renowned men worthy to be their leaders who will commend to them a doctrin in this point wiser then their own and if they bee not-impatient it will be the same doctrin which this treatis hath defended Wicklef that Englishman honor'd of God to be the first preacher of a general reformation to all Europe was not in this thing better taught of God then to teach among his cheifest recoveries of truth that divorce is lawfull to the christian for many other causes equall to adultery This book indeed through the poverty of our Libraries I am forc't to cite from Arnisaeus of Halberstad on the right of mariage who cites it from Corasius of Tolouse c. 4. Cent. Sct. and he from Wicklef l. 4. Dial. c. 21. So much the sorrier for that I never lookt into author cited by his adversary upon this occasion but found him more conducible to the question then his quotation render'd him Next Luther how great a servant of God in his book of conjugal life quoted by Gerard out of the Dutch allowes divorce for the obstinate denial of conjugal duty and that a man may send away a proud Vasthi and marry an Esther in her stead It seemes if this example shall not be impertinent that Luther meant not onely the refusall of benevolence but a stubborn denial of any main conjugal duty or if he did not it will be evinc't from what he allowes For out of question with men that are not barbarous love and peace and fitnesse will be yeelded as essential to mariage as corporal benevolence Though I give my body to be burnt saith Saint Paul and have not charity it profits me nothing So though the body prostitute it selfe to whom the mind affords no other love or peace but constant malice and vexation can this bodily benevolence deserv to be call'd a mariage between Christians and rationall creatures Melanchton the third great luminary of reformation in his book concerning marriage grants divorce for cruell usage and danger of life urging the authority of that Theodosian law which he esteemes written with the grave deliberation of godly men and that they who reject this law and thinke it disagreeing from the Gospel understand not the difference of law and Gospel that the Magistrat ought not only to defend life but to succour the weake conscience lest broke with greif and indignation it relinquish praier and turn to som unlawful thing What if this heavy plight of despaire arise from other discontents in wedloc which may goe to the soule of a good man more then the danger of his life or cruel using which a man cannot bee liable to suppose it be ingratefull usage suppose it be perpetuall spight and disobedience suppose a hatred shall not the Magistrat free him from this disquiet which interrupts his prayers and disturbs the cours of his service to God and his Country all as much and brings him such a misery as that he more desires to leave his life then feares to loose it Shall not this equally concerne the office of civil protection and much more the charity of a true Church to remedy Erasmus who for learning was the wonder of his age both in his notes on Matthew and on the first to the Corinthians in a large and eloquent discourse and in his answer to Phimostonus a Papist maintaines and no protestant then living contradicted him that the