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A69646 The Ivdgement of Martin Bucer concerning divorce written to Edward the sixt, in his second book of the Kingdom of Christ, and now Englisht : wherein a late book restoring the doctrine and discipline of divorce is heer confirm'd and justify'd by the authoritie of Martin Bucer to the Parlament of England.; De regno Christi. De coniugio & divortio. English Bucer, Martin, 1491-1551.; Milton, John, 1608-1674. 1644 (1644) Wing B5270; ESTC R3964 32,365 42

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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 b● 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 whō 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 calamit●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 wife●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
there should be a perpetual union both in body and spirit where this is not the matrimony is already broke before there be yet any divorce made or second mariage CHAP. XXIX That it is wicked to strain the words of Christ beyond thir purpose This is his third Axiom wherof there needs no explication heer CHAP. XXX That all places of Scripture about the same thing are to be joyn'd and compar'd to avoid Contradictions This be demonstrates at large out of sundry places in the Gospel and principally by that precept against swearing which compar'd with many places of the Law and Prophets is a flat contradiction of them all if we follow superstitiously the letter Then having repeated briefly his fo●re Axioms he thus proceeds These things thus preadmonisht let us enquire what the undoubted meaning is of our Saviours words and enquire according to the rule which is observ'd by all learned and good men in their expositions that praying first to God who is the only opener of our hearts wee may first with fear and reverence consider well the words of our Saviour touching this question Next that wee may compare them with all other places of Scripture treating of this matter to see how they consent with our Saviours words and those of his Apostle CHAP. XXXI This Chapter disputes against Austin and the Papists who deny second mariage ev'n to them who divorce in case of adultery which because it is not controverted among true Protestants but that the innocent person is easily allow'd to marry I spare the translating CHAP. XXXII That a manifest adulteresse ought to be divorc't and cannot lawfully be retain'd in mariage by any true Christian This though be prove sufficiently yet I let passe because this question was not hindl'd in the Doctrine and discipline of divorce to which book I bring so much of this Treatise as runs parallel CHAPTER XXXIII That adultery is to be punisht by death This Chapter also I omitt for the reason last alleg'd CHAP. XXXIV That it is lawfull for a wife to leav an adulterer and to marry another husband This is generally granted and therfore excuses me the writing out CHAP. XXXV Places in the Writings of the Apostle Paul touching divorce explain'd LEt us consider the answers of the Lord giv'n by the Apostle severally Concerning the first which is Rom. 7. 1. Know yet not brethren for I speak to them that know the law c. Ver. 2. The woman is bound by the law to her husband so long as he liveth Heer it is certain that the holy Ghost had no purpose to determine ought of mariage or divorce but only to bring an example from the common and ordinary law of wedlock to shew that as no covnant holds either party beeing dead so now that wee are not bound to the law but to Christ our Lord seeing that through him wee are dead to sin and to the law and so joyn'd to Christ that wee may bring forth fruit in him from a willing godlines and not by the compulsion of law wherby our sins are more excited and become more violent What therfore the holy Spirit heer speaks of matrimony cannot be extended beyond the general rule Besides it is manifest that the Apostle did allege the law of wedlock as it was deliver'd to the Jews for saith he I speak to them that know the law They knew no law of God but that by Moses which plainly grants divorce for several reasons It cannot therfore be said that the Apostle cited this generall example out of the law to abolish the several exceptions of that law which God himself granted by giving autority to divorce Next when the Apostle brings an example out of Gods law concerning man and wife it must be necessary that wee understand such for man and wife as are so indeed according to the same law of God that is who are so dispos'd as that they are both willing and able to perform the necessary duties of mariage not those who under a false title of mariage keep themselves mutually bound to injuries and disgraces for such twain are nothing lesse then lawfull man and wife The like answer is to be giv'n to all the other places both of the Gospel and the Apostle that what ever exception may be prov'd out of Gods law be not excluded from those places For the Spirit of God doth not condemn things formerly granted and allow'd where there is like cause and reason Hence Ambrose upon that place 1 Cor. 7. 15. A brother or a sister is not under bondage in such cases thus expounds The reverence of mariage is not due to him who abhors the author of mariage nor is that mariage ratify'd which is without devotion to God he sins not therfore who is put away for Gods cause though be joyn himself to another For the dishonor of the Creator dissolves the right of matrimonl to him who is deserted that he be not accus'd though marrying to another The faith of wedlock is not to be kept with him who departs that he might not hear the God of Christians to be the author of wedlock For if Ezra caus'd the mis-beleeving wives and husbands to be divorc't that God might be appeas'd and not effended though they took others of thir own faith how much more shall it be free if the mis-beleever depart to marry one of our own Religion For this is not to be counted matrimony which is against the law of God Two things are heer to be observ'd toward the following discourse which truth it self and the force of Gods word hath drawn from this holy man For those words are very large Matrimony is not ratify'd without devotion to God And the dishonour of the Creator dissolvs the right of matrimony For devotion is farre off and dishonor is done to God by all who persist in any wickednes and hainous crime CHAP. XXXVI That although it seem in the Gospel as if our Saviour granted divorce only for adultery yet in very deed he granted it for other causes also NOw is to be dealt with this question Whether it be lawful to divorce and marry again for other causes besides adultery since our Saviour exprest that only To this question if we retain our principles already laid and must acknowledge it to be a cursed blasphemy if we say that the words of God doe contradict one another of necessity we must confesse that our Lord did grant divorce and mariage after that for other causes besides adultery notwithstanding what he said in Matthew For first they who consider but only that place 1 Cor. 7. which treats of beleevers and misbeleevers matcht together must of force confesse that our Lord granted just divorce and second mariage in the cause of desertion which is other then the cause of fornication And if there be one other cause found lawfull then is it most true that divorce was granted not only for fornication Next it cannot be doubted
God will not that any should live in danger of fornication and utter ruine for the default of another and hath commanded the husband to send away with a bill of divorce her whom he could not love it is impossible that the charge of adultery should belong to him who for lawfull causes divorces and marries or to her who marries after she hath bin unjustly rejected or to him who receavs her without all fraud to the former wedlock For this were a horrid blasphemy against God so to interpret his words as to make him dissent from himself for who sees not a flat contradiction in this to enthrall blameles men and women to mis●ries and injuries under a false and soothing title of mariage and yet to declare by his Apostie that a brother or sister is not under bondage in such cases No lesse doe these two things conflict with themselvs to enforce the innocent and faultles to endure the pain and misery 〈◊〉 nothers perversnes or els to live in unavoidable temptation and to affirm elswhere that he lays on no man the burden of another mans sin nor doth constrain any man to the endangering of his soul CHAP. XLIV That to those also who are justly divorc't second mariage ought to be permitted This although ●t be well prov'd yet because it concerns only the offendor I leav him to search out his own charter himself in the Author CHAP. XLV That some persons are so ordain'd to mariage as that they cannot obtain the gift of continence no not by earnest prayer and that therin every one is to be left to his own judgement and conscience and not to have a burden laid upon him by any other CHAP. XLVI The words of the Apostle concerning the praise of single life unfolded THese two Chapters not so immediatly debating the right of divorce I chose rather not to insert CHAP. XLVII The Conclusion of this Treatise THese things most renowned King I have brought together both to explain for what causes the unhappy but sometimes most necessary help of divorce ought to be granted according to Gods Word by Princes and Rulers as also to explain how the words of Christ d●e consent with such a grant I have bin large indeed both in handling those Oracles of God and in laying down those certain principles which he who will know what the mind of God is in this matter must ever think on and remember But if wee consider what mist and obscuritie hath bin powrd out by Antichrist upon this question and how deep this pernicious contempt of wedlock and admiration of single life ev'n in those who are not call'd therto hath sunk into many mens persuasions I fear lest all that hath bin said be hardly anough to persuade such that they would cease at length to make themselvs wiser holier then God himself in beeing so severe to grant lawfull mariage and so easie to connive at all not only whordoms but deflowrings and adulteries When as among the people of God no whordom was to be tolerated Our Lord Jesus Christ who came to destroy the works of Satan send down his Spiritupon all Christians and principally upon Christian Governours both in Church and Common-wealth for of the cleer judgement of your royall Majesty I nothing doubt revolving the Scripture so often as yee doe that they may acknowledge how much they provoke the anger of God against us when as all kind of unchastity is tolerated fornications and adulteries winkt at But holy and honourable wedlock is oft withheld by the meer persuasion of Antichrist from such as without this remedy cannot preserve themselves from damnation For none who hath but a spark of honesty will deny that Princes and States ought to use diligence toward the maintaining of pure and honest life among all men without which all justice all fear of God and true religion decayes And who knows not that chastity and purenes of life can never be restor'd or continu'd in the Common-wealth unlesse it be first establisht in private houses from whence the whole breed of men is to come forth To effect this no wise man can doubt that it is necessary for Princes and Magistrates first with severity to punish whordom and adultery next to see that mariages be lawfully contracted and in the Lord then that they be faithfully kept and lastly when that unhappines urges that they be lawfully dissolv'd and other mariage granted according as the law of God and of nature and the Constitutions of pious Princes have decreed as I have shewn both by evident autorities of Scripture together with the writings of the ancient Fathers and other testimonies Only the Lord grant that we may learn to preferre his ever just and saving Word before the Comments of Antichrist too deeply rooted in many and the false and blasphemous exposition of our Saviours words Amen The end A POST-SCRIPT THus farre Martin Bucer Whom where I might without injury to either part of the cause I deny not to have epitomiz'd in the rest observing a well-warranted rule not to give an Inventory of so many words but to weigh thir force I could have added that eloquent and right Christian discours writt'n by Erasmus on this Argument not disagreeing in effect from Bucer But this I hope will be anough to excuse me with the meer Englishman to be no forger of new and loose opinions Others may read him in his own phrase on the first to the Corinthians and ease me who never could delight in long citations much lesse in whole traductions Whether it be natural disposition or education in me or that my mother bore me a speaker of what God made mine own and not a translator There be others also whom I could reck'n up of no mean account in the Church and Peter Martyr among the first who are more then half our own in this controversy But this is a providence not to be slighted that as Bucer wrote this tractat of divorce in England and for England so Erasmus professes he begun heer among us the same subject especially out of compassion for the need he saw this Nation had of some charitable redresse heerin and seriously exhorts others to use thir best industry in the cleering of this point wherin custom hath a greater sway then verity That therfore which came into the minde of these two admired strangers to doe for England and in a touch of highest prudence which they took to be not yet recover'd from monastic superstition if I a native am found to have don for mine own Country altogether sutably and conformly to their so large and cleer understanding yet without the lest help of theirs I suppose that hence-forward among conscionable and ju●icious persons it will no more be thought to my discredit or at all to this Nations dishonor And if these thir books the one shall be printed often with best allowance in most religious Cities the other with express autority of Leo the tenth a Pope shall for the propagating of truth be publisht and republisht though against the receav'd opinion of that Church and mine containing but the same thing shall in a time of reformation a time of free speaking free writing not find a permission to the Presse I referre me to wisest men whether truth be suffer'd to be truth or liberty to be liberty now among us and be not again in danger of new fetters and captivity after all our hopes and labours lost and whether learning be not which our enemies too profetically fear'd in the way to be trodd'n down again by ignorance Wherof while time is out of the faith owing to God and my Country I bid this Kingdom beware and doubt not but God who hath dignify'd this Parlament already to so many glorious degrees will also give them which is a singular blessing to inform themselvs rightly in the midst of an unprincipl'd age and to prevent this working mystery of ignorance and ecclestastical thraldom which under new shapes and disguises begins afresh to grow upon us The end Bezae Icones Nicol. de obit Bri. That the ●dering of ●riage belo● to the civi● power The Popes have invaded by fraud and force the ordering of ma●iage I omit his testimonies out of Cyprian Gelasius Epiphanius contented only to relate what he thence collects to the present purpose The 1. axion● that Christ could not ' condemn of adultery that which he once commanded The second Axiom Axiom 4. Mat. 5. 34.