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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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fond supposals that have not the least footing in Scripture As that the Jews learnt this custome of divorce in Egypt and therefore God would not unteach it them till Christ came but let it stick as a notorious botch of deformity in the midst of his most perfect and severe law And yet he saith Levit. the 18th after the doings of Egypt ye shall not do Another while they invent a slander as what thing more bold then teaching Ignorance when he shifts to hide his nakednes that the Jews were naturally to their wives the cruellest men in the world would poison braine and doe I know not what if they might not divorce Certain if it were a fault heavily punisht to bring an evill report upon the land which God gave what is it to raise a groundles calumny against the people which God made choise of But that this bold interpretament how commonly so ever sided with cannot stand a minute with any competent reverence to God or his law or his people nor with any other maxim of religion or good manners might bee prov'd through all the heads and Topics of argumentation but I shall willingly bee as concise as possible First the law not onely the moral but the judicial given by Moses is just and pure for such is God who gave it Harken O Israel saith Moses Dent. 4. unto the statutes and the judgements which I teach you to doe them that ye may live c. ye shall not adde unto the word which J command you neither shall ye diminish ought from it that ye may keepe the commandements of the Lord your God which I command you And onward in the chapter Behold I have taught you statutes and judgements even as the Lord my God commanded me Keepe therefore and doe them for this is your wisedome and your understanding For what nation hath God so nigh unto them and what-nation hath statutes and judgements so righteous as all this law which I set before ye this day Is it imaginable there should bee among these a law which God allow'd not a law giving permissions laxative to unmarry a wife and marry a lust a law to suffer a kind of tribunall adultery Many other scriptures might be brought to assert the purity of this judicial law and many I have alleg'd before this law therefore is pure and just But if it permit if it teach if it defend that which is both unjust and impure as by the common doctrine it doth what thinke we The three generall doctrines of Justinians law are To live in honesty To hurt no man To give every one his due Shall the Roman civil law observe these three things as the onely end of law and shall a statute be found in the civil law of God enacted simply and totally against all these three precepts of nature and morality Secondly the gifts of God are all perfet and certainely the law is of all his other gifts one of the perfetest But if it give that outwardly which it takes away really give that seemingly which if a man take it wraps him into sinne and damns him what gift of an enemy can be more dangerous and destroying then this Thirdly Moses every where commends his lawes preferrs them before all of other nations and warrants them to be the way of life and safety to all that walke therein Levit. 18. But if they containe statutes which God approves not and traine men unweeting to committ injustice and adultery under the shelter of law if those things bee sin and death sins wages what is this law but the snare of death Fourthly the statutes and judgements of the Lord which without exception are often told us to be such as doing wee may live by them are doubtles to be counted the rule of knowledge and of conscience For I had not known lust saith the Apostle but by the law But if the law come downe from the state of her incorruptible majesty to grant lust his boon palpably it darkns and confounds both knowledge and conscience it goes against the common office of all goodnes and freindlinesse wich is at lest to counsel and admonish it subverts the rules of all sober education and is it selfe a most negligent and debaushing tutor Fiftly if the law permit a thing unlawfull it permitts that which else where it hath forbid so that hereby it contradicts it selfe and transgresses it selfe But if the law become a transgressor it stands guilty to it selfe and how then shall it save another it makes a confederacy with sin how then can it justly condemne a sinner and thus reducing it selfe to the stateof neither saving nor condemning it will not faile to expire solemnely ridiculous Sixtly the Prophets in Scripture declare severely against the decreeing of that which is unjust Psal 94. 20. Isaiah the 10th But it was done they say for heardnesse of heart To which objection the Apostles rule not to doe evill that good may come thereby gives an invincible repuls and here especially where it cannot be shewn how any good came by doing this evil how rather more evil did not hereon abound for the giving way to hardnesse of heart hard'ns the more and adds more to the number God to an evil and adulterous generation would not grant a signe much lesse would he for their hardnesse of heatt pollute his law with an adulterous permission Yea but to permitt evil is not to doe evil Yes it is in a most eminent manner to doe evil where else are all our grave and faithfull sayings that he whose office is to forbid and forbids not bids exhorts encourages Why hath God denounc'd his anger against parents maisters freinds magistrates neglectfull of forbidding what they ought if law the common father maister friend and perpetuall magistrate shall not onely not forbidd but enact exhibit and uphold with countnance and protection a deede every way dishonest what ever the pretence be If it were of those inward vices which the law cannot by outward constraint remedy but leaves to conscience and perswasion it had bin guiltlesse in being silent but to write a decree of that which can be no way lawfull and might with ease be hinder'd makes law by the doome of law it selfe accessory in the highest degree Seventhly it makes God the direct author of sin For although he bee not made the authour of what he silently permitts in his providence yet in his law the image of his will when in plaine expression he constitutes and ordaines a fact utterly unlawfull what wants hee to authorize it and what wants that to be the author Eightly to establish by law a thing wholy unlawfull and dishonest is an affirmation was never heard of before in any law reason philosophy or religion till it was rais'd by inconsideratglossists from the mistake of this text And though the Civilians have bin contented to chew this opinion after the canon had subdu'd them yet they never could bring example or authority
story can recount of Solon and Epaminondas whom Cicero in his first booke of invention nobly defends All law saith he we ought referr to the common good and interpret by that not by the scrowl of letters No man observes law for laws sake but for the good of them for whom it was made The rest might serv well to lecture these times deluded through belly-doctrines into a devout slavery The Scripture also affords us David in the shew-bread Hezechiah in the passeover sound and safe transgressors of the literall command which also dispenc'd not seldom with it self and taught us on what just occasions to doe so untill our Saviour for whom that great and God-like work was reserv'd redeem'd us to a state above prescriptions by dissolving the whole law into charity And have we not the soul to understand this and must we against this glory of Gods transcendent love towards us be still the servants of a literall indightment Created he him It might be doubted why he saith In the Image of God created he him not them as well as male and female them especially since that Image might be common to them both but male and female could not however the Jewes fable and please themselvs with the accidentall concurrence of Plato's wit as if man at first had bin created Hermaphrodite but then it must have bin male and female created he him So had the Image of God bin equally common to them both it had no doubt bin said In the image of God created he them But St. Paul ends the controversie by explaining that the woman is not primarily and immediatly the image of God but in reference to the man The head of the woman saith he 1 Cor. 11. is the man he the image and glory of God she the glory of the man he not for her but she for him Therefore his precept is Wives be subject to your husbands as is fit in the Lord Coloss 3. 18. In every thing Eph. 5. 24. Neverthelesse man is not to hold her as a servant but receives her into a part of that empire which God proclaims him to though not equally yet largely as his own image and glory for it is no small glory to him that a creature so like him should be made subject to him Not but that particular exceptions may have place if she exceed her husband in prudence and dexterity and he contentedly yeeld for then a superior and more naturall law comes in that the wiser should govern the lesse wise whether male or female But that which far more easily and obediently follows from this verse is that seeing woman was purposely made for man and he her head it cannot stand before the breath of this divine utterance that man the portraiture of God joyning to himself for his intended good and solace an inferiour sexe should so becom her thrall whose wilfulnes or inability to be a wife frustrates the occasionall end of her creation but that he may acquitt himself to freedom by his naturall birth-right and that indeleble character of priority which God crown'd him with If it be urg'd that sin hath lost him this the answer is not far to seek that from her the sin first proceeded which keeps her justly in the same proportion still beneath She is not to gain by being first in the transgression that man should furder loose to her because already he hath lost by her means Oft it happens that in this matter he is without fault so that his punishment herein is causeles and God hath the praise in our speeches of him to sort his punishment in the same kind with the offence Suppose he err'd it is not the intent of God or man to hunt an error so to the death with a revenge beyond all measure and proportion But if we argue thus this affliction is befaln him for his sin therefore he must bear it without seeking the only remedy first it will be false that all affliction comes for sin as in the case of Joh and of the man born blind Joh. 9. 3 was evident next by that reason all miseries comming for sin we must let them all lye upon us like the vermin of an Indian Catharist which his fond religion forbids him to molest Were it a particular punishment inflicted through the anger of God upon a person or upon a land no law hinders us in that regard no law but bidds us remove it if we can much more if it be a dangerous temptation withall much more yet if it be certainly a temptation and not certainly a punishment though a pain As for what they say we must bear with patience to bear with patience and to seek effectuall remedies implies no contradiction It may no lesse be for our disobedience our unfaithfulnes and other sins against God that wives becom adulterous to the bed and questionles we ought to take the affliction as patiently as christian prudence would wish yet hereby is not lost the right of divorcing for adultery No you say because our Saviour excepted that only But why if he were so bent to punish our sins and try our patience in binding on us a disastrous mariage why did he except adultery Certainly to have bin bound from divorce in that case also had bin as plentifull a punishment to our sins and not too little work for the patientest Nay perhaps they will say it was too great a sufferance And with as slight a reason for no wise man but would sooner pardon the act of adultery once and again committed by a person worth pitty and forgivnes then to lead a wearisom life of unloving unquiet conversation with one who neither affects nor is affected much lesse with one who exercises all bitternes and would commit adultery too but for envy lest the persecuted condition should thereby get the benefit of his freedom 'T is plain therefore that God enjoyns not this supposed strictnes of not divorcing either to punish us or to try our patience Moreover if man be the image of God which consists in holines and woman ought in the same respect to be the image and companion of man in such wise to belov'd as the Church is belov'd of Christ and if as God is the head of Christ and Christ the head of man so man is the head of woman I cannot see by this golden dependance of headship and subjection but that Piety and Religion is the main tye of Christian Matrimony So as if there be found between the pair a notorious disparity either of wickednes or heresie the husband by all manner of right is disingag'd from a creature not made and inflicted on him to the vexation of his righteousnes the wife also as her subjection is terminated in the Lord being her self the redeem'd of Christ is not still bound to be the vassall of him who is the bondslave of Satan she being now neither the image nor the glory of such a person nor made for