comment on the Pentateuch, doubted not to maintain that divorces might be as lawfully permitted by the magistrate to Christians, as they were to the Jews. But because he is but brief, and these things of great consequence not to be kept obscure, I shall conceive it nothing above my duty, either for the difficulty or the censure that may pass thereon, to communicate such thoughts as I also have had, and do offer them now in this general labour of reformation to the candid view both of church and magistrate: especially because I see it the hope of good men, that those irregular and unspiritual courts have spun their utmost date in this land, and some better course must now be constituted. This therefore shall be the task and period of this discourse to prove, first, that other reasons of divorce, besides adultery, were by the law of Moses, and are yet to be allowed by the Christian magistrate as a piece of justice, and that the words of Christ are not hereby contraried. Next, that to prohibit absolutely any divorce whatsoever, except those which Moses excepted, is against the reason of law, as in due place I shall shew out of Fagius, with many additions. He therefore who by adventuring, shall be so happy as with success to light the way of such an expedient liberty and truth as this, shall restore the muchwronged and over-sorrowed state of matrimony, not only to those merciful and life-giving remedies of Moses, but, as much as may be, to that serene and blissful condition it was in at the beginning, and shall deserve of all apprehensive men, (considering the troubles and distempers, which, for want of this in sight, have been so oft in kingdoms, in states, and families,) shall deserve to be reckoned among the public benefactors of civil and human life, above the inventors of wine and oil; for this is a far dearer, far nobler, and more desirable cherishing to man's life, unworthily exposed to sadness and mistake, which he shall vindicate. Not that licence, and levity, and unconsented breach of faith should herein be countenanced, but that some conscionable and tender pity might be had of those who have unwarily, in a thing they never practised before, made themselves the bondmen of a luckless and helpless matrimony. In which argument, he whose courage can serve him to give the first onset, must look for two several oppositions : the one from those who having sworn themselves to long custom, and the letter of the text, will not out of the road; the

other from those whose gross and vulgar apprehensions conceit but low of matrimonial purposes, and in the work of male and female think they have all. Nevertheless, it shall be here sought by due ways to be made appear, that those words of God in the institution, promising a meet help against loneliness, and those words of Christ, that "his yoke is easy, and his burden light," were not spoken in vain: for if the knot of marriage may in no case be dissolved but for adultery, all the burdens and services of the law are not so intolerable. This only is desired of them who are minded to judge hardly of thus maintaining, that they would be still, and hear all out, nor think it equal to answer deliberate reason with sudder. heat and noise; remembering this, that many truths now of reverend esteem and credit, had their birth and beginning once from singular and private thoughts, while the most of men were otherwise possessed; and had the fate at first to be generally exploded and exclaimed on by many violent opposers: yet I may err perhaps in soothing myself, that this present truth revived will deserve on all hands to be not sinisterly received, in that it undertakes the cure of an inveterate disease crept into the best part of human society; and to do this with no smarting corrosive, but a smooth and pleasing lesson, which received both the virtue to soften and dispel rooted and knotty sorrows, and without enchantment, if that be feared, or spell used, hath regard at once both to serious pity and upright honesty; that tends to the redeeming and restoring of none but such as are the object of compassion, having in an ill hour hampered themselves, to the utter dispatch of all their most beloved comforts and repose for this life's term. But if we shall obstinately dislike this new overture of unexpected ease and recovery, what remains but to deplore the frowardness of our hopeless condition, which neither can endure the estate we are in, nor admit of remedy either sharp or sweet? Sharp we ourselves distaste; and sweet, under whose hands we are, is scrupled and suspected as too luscious. In such a posture Christ found the Jews, who were neither won with the austerity of John the Baptist, and thought it too much licence to follow freely the charming pipe of him who sounded and proclaimed liberty and relief to all distresses: yet truth in some age or other will find her witness, and shall be justified at last by her own children.

CHAPTER I.

The Position proved by the Law of Moses.

That Law ex

pounded and asserted to a moral and charitable Use, first by Paulus Fagius, next with other Additions.

To remove therefore, if it be possible, this great and sad oppression, which through the strictness of a literal interpreting hath invaded and disturbed the dearest and most peaceable estate of household society, to the overburdening, if not the overwhelming of many Christians better worth than to be so deserted of the church's considerate care, this position shall be laid down, first proving, then answering what may be objected either from scripture or light of reason.

"That indisposition, unfitness, or contrariety of mind, arising from a cause in nature unchangeable, hindering, and ever likely to hinder the main benefits of conjugal society, which are solace and peace; is a greater reason of divorce than natural frigidity, especially if there be no children, and that there be mutual consent.'

This I gather from the law in Deut. xxiv. 1: "When a man hath taken a wife and married her, and it come to pass that she find no favour in his eyes, because he hath found some uncleanness in her, let him write her a bill of divorcement, and give it in her hand, and send her out of his house," &c. This law, if the words of Christ may be admitted into our belief, shall never, while the world stands, for him be abrogated. First therefore I here set down what learned Fagius hath observed on this law: "The law of God," saith he, "permitted divorce for the help of human weakness. For every one that of necessity separates, cannot live single. That Christ denied divorce to his own, hinders not; for what is that to the unregenerate, who hath not attained such perfection? Let not the remedy be despised, which was given to weakness. And when Christ saith, who marries the divorced commits adultery, it is to be understood if he had any plot in the divorce. The rest I reserve until it be disputed, how the magistrate is to do herein. From hence we may plainly discern a twofold consideration in this law: first, the end of the lawgiver, and the proper act of the law, to command or to allow something just and honest, or indifferent. Secondly, his sufferance from some accidental result of evil by this allowance,

which the law cannot remedy. For if this law have no other end or act but only the allowance of sin, though never to so good intention, that law is no law, but sin muffled in the robe of law, or law disguised in the loose garment of sin. Both which are too foul hypotheses, to save the phenomenon of our Saviour's answer to the pharisees about this matter. And I trust anon, by the help of an infallible guide, to perfect such Prutenic tables, as shall mend the astronomy of our wide expositors.

The cause of divorce mentioned in the law is translated 66 some uncleanness," but in the Hebrew it sounds "nakedness of aught, or any real nakedness:" which by all the learned interpreters is referred to the mind as well as to the body. And what greater nakedness or unfitness of mind than that which hinders ever the solace and peaceful society of the married couple? And what hinders that more than the unfitness and defectiveness of an unconjugal mind?* The cause therefore of divorce expressed in the position cannot but with that described in the best and equallest sense of Moses's law. Which, being a matter of pure charity, is plainly moral, and more now in force than ever; therefore surely lawful. For if under the law such was God's gracious indulgence, as not to suffer the ordinance of his goodness and favour through any error to be seared and stigmatized upon his ser

agree

*If ever the law of divorce comes to be properly considered in any civilized country, a very great reform will be effected in society; for nothing can be more unjust or tyrannical than that law as it now stands. Having been invented and established by men, it is calculated to bear with extreme severity upon women, who are daily subjected to wrongs and hardships which they would not endure, were the relief of divorce open to them. They who take a different view, descant upon the encouragement which would, they say, be given to immorality were divorce made easy. But the contrary is the truth; and it is in behalf of morals, and for the sake of imparting a higher tone to the feelings of society, that the present unnatural system should be abolished. Where, what Milton calls, an unconjugal mind exists, there must be unconjugal manners; and to what these lead no one need be told. Where marriage is indissoluble, people presume upon that fact to transgress its laws, which they would not do were it legally practicable to obtain immediate redress. However, there is a great indisposition in mankind to innovate in legislation; and they had generally rather be miserable according to rule, than free and happy upon a novel principle. For this reason, all Milton's arguments have been hitherto thrown away, nor does there appear to be any likelihood that the present generation will act more wisely than those which have gone before.-ED.

vants to their misery and thraldom; much less will he suffer it now under the covenant of grace, by abrogating his former grant of remedy and relief. But the first institution will be objected to have ordained marriage inseparable. To that a little patience until this first part have amply discoursed the grave and pious reasons of this divorcive law; and then I doubt not but with one gentle stroking to wipe away ten thousands tears out of the life of man. Yet thus much I shall now insist on, that whatever the institution were, it could not be so enormous, nor so rebellious against both nature and reason as to exalt itself above the end and person for whom it was instituted.

CHAPTER II.

The first Reason of the Law grounded on the prime Reason of Matrimony. That no Covenant whatsoever obliges against the main End both of itself, and of the parties covenanting.

For all sense and equity reclaims, that any law or covenant, how solemn or strait soever, either between God and man, or man and man, though of God's joining, should bind against a prime and principal scope of its own institution, and of both or either party covenanting; neither can it be of force to engage a blameless creature to his own perpetual sorrow, mistaken for his expected solace, without suffering charity to step in and do a confessed good work of parting those whom nothing holds together but this God's joining, falsely supposed against the express end of his own ordinance. And what his chief end was of creating woman to be joined with man, his own instituting words declare, and are infallible to inform us what is marriage, and what is no marriage; unless we can think them set there to no purpose: "It is not good," saith he, "that man should be alone. I will make him a help meet for him." From which words, so plain, less cannot be concluded, nor is by any learned interpreter, than that in God's intention a meet and happy conversation is the chiefest and the noblest end of marriage: for we find here no expression so necessarily implying carnal knowledge, as this prevention of loneliness to the mind and spirit of man. this, Fagius, Calvin, Pareus, Rivetus, as willingly and largely assent as can be wished. And indeed it is a greater blessing

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