Commentary on Genesis and Exodus, Theological treatise · Commandment 7

Commentary on Genesis and Exodus · Theological treatise · Commandment 7

p. 331The seventh Commandement.

1. Questions discussed.

QUEST. I. Of the order and negative propounding of this Commandement.

THou shalt not commit adulterie. 1. This Commandement very fitly followeth after the other, Thou shalt not kill, Quia post injuriam, quae infertur personae, nulla est major, quàm illa quae infertur conjunctae: Because next after the injurie done to the person, there is none greater, than that which is offred unto the joynt person; for they two shall be one flesh, Thom. in opuscul. So also Lyranus. 2. This Commandement is propounded negatively, rather than affirmatively: because the negative is more generall than the affirmative, Tum quoad temp…ra, quàm personas, both in respect of the time and persons: for at all times, and in all places it is unlawfull to kill, to commit adulterie, &c. but at all times, and in all places wee must not honour our parents: and for the persons, wee must not offer violence or wrong unto any; but for the affirmative, it is impossible to doe good to all, Thom. in Epist. ad Roman. cap. 13. See before quest. 1. upon the sixth Commandement.

QUEST. II. Whether the uncleane desire of the heart be forbidden in this precept.

IN this Commandement, not onelyonly the impuritie of the bodie, but of the soule also is forbidden, and chastitie commanded in both: Gregories opinion is, that God Per hoc praeceptum, non peccata cogitationis, sed operis resecuit, &c. Doth not by this precept cut off the sinfull thoughts, but the sinfull act: and that Christ afterward in the law, Cogitationes hominum religavit, Did bind also the thoughts of men, In Ezech. homil. 13. Augustine also is of opinion, that in this precept, Ipsum opus notatum est, The worke of uncleannesse it selfe is noted: but in the other, Thou shalt not covet, Ipsa concupiscentia, the very concupiscence: because, saith he, sometimes it may fall out, that a man may commit adulterie, cùm non concupiscat illam, when he doth not covet her, but upon some other cause doth companie with her: Aliquando eam concupiscat, nec ei misceatur, poenam timens: Sometime he may covet her, and not company with her fearing the punishment, in quaest. 71. in Exod.

Contra. 1. Our Saviour Christ doth not adde any thing to the law of Moses, or bringeth in any new interpretation, but doth free and cleare the law from the grosse and corrupt gloses of the Scribes and Pharisies, delivering the true sense and meaning thereof, as it was first given unto the people: And therefore Chrysostome well saith: Vt per concordiam mandatorum ipse inveniatúr author legis fuisse & gratia: That by the agreement of the Commandements, in the old and new Testament, the same may be found to bee the author of the law, and of grace, in Matth. hom. 11. And that even the inward concupiscence and desire was forbidden in the old Testament, it is evident by Iobs practice, in whose heart the morall law was written, I have made a covenant with mine eyes, why then should I thinke on a maid? chap. 31.1.

2. Concerning Augustines opinion: the concupiscence, which is joyned with a full purpose, onelyonly wanting opportunitie, and being restrained by feare from the externall act, is a breach of this Commandement, and not of the last, as our blessed Saviour expoundeth, Matth. 5.28. What kinde of concupiscence is prohibited in the last precept, and how it differeth herein ftom this, shall bee shewed afterward, when wee come to that place. 2. And that commixtion which hath no concupiscence, nor consent of will, being violent and forced, as in them which are ravished, it is no adulterie at all, which alwayes proceedeth out of the heart.

3. But that the inward sanctimonie and puritie of the minde is here commanded, and the contrarie forbidden, it is thus proved: 1. By the definition of puritie, and chastitie, which is to be holy both in bodie and spirit, as S. Paul describeth a true Virgin, 1 Cor. 7.34. So the same Apostle, 1 Thess. 5.23. That your whole spirit, soule and bodie, may be kept blamelesse unto the comming of our Lord Iesus Christ. 2. Both the soules and bodies of the faithfull are the Temples of the Spirit, and therefore ought to be kept holy, 1 Cor. 3.16. Know yee not that yee are the Temple of God, and that the Spirit of God dwelleth in you? if any destroy the Temple of God, him shall God destroy, Basting. 3. Chrysostome urgeth these foure reasons: first, from the interpretation of our blessed Saviour, who sheweth that this Commandement is broken in the very inward lust and concupiscence, Matth. 5.28. 4. Secondly, from the analogie and correspondencie, which it hath with other Commandements: that Irasci proximis sine causa, to be angrie with our neighbours without cause, is a breach of the precedent Commandement, Thou shalt not kill: So Concupiscere mulierem alienam, &c. to desire a strange woman, though the act of concupiscence follow not, is against this precept. 5. Thirdly, in respect of God, Qui non tantum opus hominis aspicit, quantum cor; Who doth not so much looke unto the worke of man, as to his heart. 6. Fourthly, because concupiscence is the cause of adulterie: Omne adulterium ex concupiscentia, All adulterie proceedeth from concupiscence, as our blessed p. 332Saviour sheweth, Mark. 7.21. Even from the heart of man proceed evill thoughts, adulteries, fornications, &c. Quomodo ergo tolletur adulterium, nisi pracisa fuerit concupiscentia, &c. How then shall adulterie be taken away, unlesse concupiscence be first cut off? Homil. 12. in Matth. Seeing then that the effect, that is, adultery, and outward uncleannesse is forbidden in this precept, it followeth also, that the very cause thereof, which is concupiscence, should be restrained.

QUEST. III. Other acts of uncleannesse beside adulterie here forbidden.

COncerning the externall act of uncleannesse, which is in the very letter of this precept prohibited, the Hebrewes are of opinion, that onelyonly concubitus adulterinus, the adulterous act is here forbidden. But this opinion is easily convinced: 1. Tostatus urgeth this reason; Qui prohibet minus malum, à fortiori prohibet majus, &c. He that forbiddeth the lesse evill, doth much more prohibit the greater evill: for there are more unlawfull acts of uncleannesse, than adulterie, as those unnaturall sinnes, committed either with another kinde, as with brute beasts, which is monstrous, or with the same kinde, and with the same sex, as Sodomitrie, and abusing of the male, or with the same sex, but in degrees forbidden, such is incest, with those that are neerely joyned in affinitie and consanguinitie: and though none of these fall out, yet if by violence any be forced to uncleannesse, as in the ravishing and deflowring of wives or Virgins: all these are more odious than adulterie, and therefore they are likewise forbidden. 2. Vrsinus thus reasoneth; The end and scope of this precept is to be considered, which is to preserve chastitie, and to maintaine matrimonie: whatsoever then is contrarie hereunto, is forbidden; and therefore all acts of uncleannesse, as well adulterie as others, which are against chastitie, and matrimoniall sanctitie, are here restrained. 3. Calvin addeth further, Lex est juste vivendi perfecta regala, The law is a perfect rule of righteous living: therefore not one kinde of uncleannesse, but all whatsoever are in this precept restrained, which are against righteous and upright living: as all unnaturall uncleannesse, incest, fornication, all pollutions, wherewith the bodie is defiled.

QUEST. IV. Of the sinnes of unnaturall lust.

THe unnaturall sinnes of uncleannesse are of three sorts: 1. Those which are committed with another kinde, as with brute beasts, Levit. 18.23. Thou shalt not lie with any beast to be defiled therewith: which enormous and monstrous sinne doth violate the law of nature, and bringeth a great infamie upon mankinde, in that any should bee found among them, of such beastly and vile inclination, Tostat. qu. 23. And herein is discovered the wickednesse and corruption of mans nature, which without Gods grace is prone even unto the most vile, monstrous and ugly sinnes.

2. Another kinde of unnaturall lust, is that which is committed with that sex, which is not for that naturall use; which was the sinne of the Heathen, When man with man wrought filthinesse, Rom. 1.27. Such were the Sodomites, which with one consent came from all quarters of the Citie, and beset Lots house, and would have offred villanie unto the two young men (which were indeed two Angels) whom Lot had received into his house, Genes. 19. These, whom the Apostle calleth foreign, liers with men, with others there named, are without their great repentance, excluded the Kingdome of heaven, and inheritance of God, 1 Cor. 6.9.

3. The Apostle in the same place nameth also the third unnaturall sinne of lust, of those whom the Apostle calleth foreign, effeminate, wanton, and lascivious persons: molles, as the Latine Interpreter translateth, who doe commit uncleannesse with the same kinde, with the same sex, and with the same person, that is, with themselves, in the voluntarie emission of their nature, such as was in part the sinne of Er and Onan, the sonnes of Iudah, whom the Lord destroyed for their wickednesse, Gen. 38. these are so called molles, tender, delicate, effeminate, Quia nullam tristitiam tolerare possunt, because they can endure no griefe in resisting of carnall concupiscence, Tostat. quast. 22.

QUEST. V. Why some kinde of uncleannesse is not forbidden by humane lawes.

BUt here the question will bee demanded, what the reason is, seeing this kinde of filthinesse is odious before God and man, and by the Word of God condemned, yet the lawes of men make no provision against it.

Hereof two reasons may be rendred: 1. Because this kinde is committed secretly, so that it cannot bee proved by witnesse, and so by due proofe be censured: such sinnes the lawes of men specially provide for, as may be by witnesse or other evidence manifested: now this uncleannesse can hardly be brought to light, but by the parties themselves, who are not so impudent, as to act any such thing in open view: as the Priest of Priapus standing aloft upon the staires, used to shew his privie parts unto the people, to provoke their beastly lust: So also other secret sinnes, as the adulterie and murther of the heart, mens lawes cannot meet with, unlesse they be such as are against the state of the Prince and Commonwealth; for then, even such thoughts and purposes, though they take no effect, yet if they can be discovered, as by the confession of the parties, or by their fellow conspirators, are worthily punished, Tostat. quaest. 22.

2. Another reason is, because Solos actus justitiae mandat humana lex, humane lawes onelyonly command the acts of justice: and forbid all such acts whereby one hurteth another, and so humane societie is hindred: hereof it is, that intemperance, prodigalitie, pride, cowardlinesse, and such like, are not censured by humane lawes, because they are no acts of injustice tending to the hurt of others. So other acts of uncleannesse, as of adulterie, incest, rape, are by law restrained, because the hurt and disgrace of others is thereby procured: but this mollicies, licet sit actus intemperantia, non est tamen actus injustitia, &c. This p. 333effeminate pollution of the body by it selfe, though it be an act of intemperancy, yet it is no act of injustice, because none other is hurt thereby, which thing humane lawes especially provide for, Tost…. qu…st. 22.

QUEST. VI. Of the greatnesse of the sinne of adulterie.

THou shalt not commit adulterie. Here by the very letter of the law, that grievous and hainous sinne of adulterie is forbidden: the greatnesse of which sinne is thus amplified, and set forth. 1. Ambrose thus describeth the sinne of adulterie: God made two in the beginning, and commanded that they two should be as one flesh, Quod unum separas corpus, &c. naturae adulterium est: In that thou doest separate one bodie, &c. thou doest adulterate nature, &c. First therefore by adulterie, the holy institution of God is violated, which maketh man and wife but one flesh: Ambros. Hexemer. lib. 5. cap. 7. 2. Chrysostome multiplieth many reasons together, Qui capta uxore post hoc carnis remedium alie… injuriatur, nullam veniam consequitur: hoc jam lascivia est, &c. He that having taken a wife, wrongeth another woman, shall hardly finde pardon: for this is a sinne of wantonnesse. 3. Si suam repudiare & alii vacare non licet, &c. If it be unlawfull for a man to put away his wife, and use another, (which is a kinde of adulterie) how much more is he to be blamed, qui suae aliam addit, which joyneth another to his wife? 4. Againe, the greatnesse of the sinne of adulterie appeareth, by comparing it with other great sinnes: it is so hainous before God, Vt si …xor ab Idolatra viro, ipso nol…nte, discedat, pu…atur; sin ab adultero, minimè; That if the wife depart from an husband that is an Idolater, against his will, shee is punished; if from an adulter…, she is not: the first the Apostle sheweth, that it is unlawfull for a woman to depart from an unbeleeving husband, being willing to dwell with her, 1 Cor. 7.13. but for adulterie, the wife may be dismissed, Matt. 5.32. 5. Further, by comparing of the effects together, this sinne appeareth what it is: Qua cum infideli habitat, non est immunda, &c. she which dwelleth with an infidell, is not polluted or uncleane: For the unbeleeving husband is sanctified by the wife, 1 Cor. 7.14. But the fornicator, and much more the adulterer, maketh the members of Christ, the members of an harlot, 1 Cor. 6.14. 6. In hac vita secum innumera mala trahit; This sinne of adultery and fornication, bringeth an innumerable company of evils with it in this life, beside the punishment of the next: Cogitur vitam miseram & infoelicem vivere, he liveth a miserable and unhappy life: Alienam domum trepidus ingreditur, omnis timet, liberos & servos: he entreth trembling into anothers house, hee is afraid of every thing, of the servants, and the children, &c. Sic fere Chrysost. super Ioan. hom. 62.7. Thom. Aquin. A woman committeth three great sinnes in the sinne of adultery: she is first Sacrilega, she committeth sacrilege in going against Gods ordinance, in parting that asunder, which God hath coupled: secondly, she is Proditrix, she sinneth by betraying her husband, under whose government she is, and giving her selfe over to another, for the woman hath no power over her owne bodie, but the man, and so likewise of the man, 1 Cor. 7.4. Thirdly, she is furatrix, she committeth theft: Ex alieno viro sibi constituit filios, she getteth her children by another man, Thom. in opuscul.

8. This sinne of adulterie is one of those which excludeth out of the Kingdome of heaven, 1 Cor. 6.9. and whoremongers among the rest shall have their part in the lake that burneth with fire and brimstone, Revel. 22.8. And in this world, though adulterers and adulteresses should escape the censure of men, as often they doe, yet God will not suffer such to goe unpunished: hee will judge them himselfe, Heb. 13.4. Therefore the Wise-man setting forth the adulterous woman, saith, that shee forsaketh the guide of her youth, and forgetteth the covenant of her God, Prov. 2.17. God therefore will take revenge of such, as transgressors of his covenant. This made Ioseph that hee would not consent to the unlawfull desire of his Mistresse, saying, How can I doe this great wickednesse, and so sinne against God? Gen. 39.4.

QUEST. VII. Adultery as well forbidden in the husband as in the wife.

FUrther, it will here be enquired, whether this precept, Thou shalt not commit adulterie, doth not indifferently binde both the man and the woman, that as well the husband as the wife, if hee goe unto any strange flesh, committeth adulterie. In Augustines time men tooke unto themselves great libertie herein, and it was growne to be such a generall custome, ut jam & mulieribus fere persuasum sit licere hoc viru, sed non licere mulieribus; That women are almost now perswaded, that it is lawfull for men, but not for women: for it is often heard, that the wives have beene brought to the market place to be punished, quae facto cum servis invent a sunt, which have beene found with their servants: but it was never heard of, that a man was set in the market place, qui inventus est cum ancilla, which was found with his maid. Augustine by divers reasons overthroweth this wicked custome, shewing, that it was par peccatum, a like sinne both in the husband and wife: and in the like sinne, that the man seemeth more innocent, facit non divina veritas, sed humana perversitas: not the divine veritie is the cause, but humane perversitie. Then he useth these perswasions:

1. From the faith that is made mutually by both the husband and the wife unto Christ: Quod à me exigis, redde mihi: fidem tibi debeo, fidem mihi debes: fidem Christo ambo debemus, &c. That which thou exactest of me, render unto me: I have plight thee my faith, and thou hast plight me thy troth: we both have plight our faith unto Christ, &c.

2. He reasoneth from the like: Noliteire vos, quò eas sequi non vultis: Yee men, got not that way, wherein you would not have your wives to follow: say not, I goe not to another mans wife, I goe unto my maid: Vis ut dicat tibi, uxor tua, &c. Wouldest thou thy wife should say unto thee; I goe not to another womans husband, I goe unto my man or servant?

3. From the preeminence and superiority of man: Say not, we cannot: Quod potest foemina, vir non potest? Can a woman forbeare, and cannot a man? For what, illa carnem non portat, &c. is not shee also flesh and bloud? was not the woman first beguiled of the Serpent? But you will say, that the woman may p. 334easily avoid adulterie, because shee is held in by the watchfulnesse of her husband, and by the terror of humane lawes: Multa custodia faciunt foeminam castam, virum castum faciat ipsa virilitas: Many keepers make a woman chaste: and let manhood it selfe make the man chaste: nam ideo mulieri major custodia, quia major infirmitas: for therefore a woman had need of more strait keeping, because shee is the weaker: her husband and the terror of lawes watch over her, and God watcheth over thee. To this purpose Augustine.

4. Further, the very letter of the precept, which in the Hebrew is put in the Masculine, to tineaph: Thou, that is, the man, shall not commit adulterie. Augustine well inferreth: that although it be onelyonly expresly forbidden to the man, Thou shalt not covet thy neighbours wife: Ista lex non solum viris, sed & foeminis data est: Yet this law is not onelyonly given unto men, but unto women also: and so this precept as well bindeth women, as men, as all the rest of the Commandements doe: Thou shalt not kill, Thou shalt not steale, &c. August. qu. 71. in Exod.

5. Lastly, the Apostle sheweth, that as the woman hath no power of her owne bodie, but the husband, so neither hath the husband power over his owne bodie, but the wife, 1 Cor. 7.4. and therefore as well the one as the other are restrained of all carnall libertie to goe unto strange flesh.

QUEST. VIII. Whether adulterie be a more grievous sinne in the man or the woman.

BUt this being agreed upon, that adulterie is a sinne as well in the husband as in the wife, it will further be demanded, in which of them it is a greater sinne, or whether it be not equall in both.

1. Augustine thinketh, as is shewed before, that it is par peccatum, a like sinne whether in the husband, or in the wife. And Thomas addeth further, that in the time of the law there was not an equalitie: for the man among the Jewes might have many wives, but not the wife many husbands: Ideo matrimonium nunquam statum perfectum habuit, nisi in lege Christi: Therefore matrimonie had never any perfect state, but under the law of Christ. But to this it may be answered, that the institution of matrimonie being first made in Paradise, was the same both under the law of Moses, and the law of Christ: but that much was permitted and tolerated unto the Jewes onelyonly for the hardnesse of their heart, as our blessed Saviour sheweth, Matth. 19.

2. Some doe urge the lawes of men, and the greater punishments, which have beene laid upon women for adulterie, rather than upon men: and that therefore the sinne of the woman should bee the greater: But this sheweth not the greatnesse of the sinne before God, but the greater inconvenience that is brought upon the civill and politike state (which the lawes of men seeke chiefly to preserve) by the adulterie of the woman, rather than of the man.

3. Some thinke that it is a greater sinne in the man, because of his authoritie, quia vir caput mulieris, because the man is head of the woman: and the Apostle biddeth, that women, if they would learne any thing, should aske their husbands at home, 1 Cor. 14.35. Est ergo vir doctor mulieris: The man then is the womans teacher: then as the Priest sinneth more than a lay man, because he is his teacher; so the man doth more grievously offend than the woman: Thomas in opuscul. But this proveth not that the sinne of the man simply is greater than the sinne of the woman, but in a certaine respect.

4. Wherefore the best answer is, that the sinne of adulterie in some respects is equall in both sexes, and in some other greater, both in the one and the other.

1. In regard of the law of Matrimonie, whereby they have given their faith each to the other, the sinne seemeth to be equall: for the man hath no more power over himselfe in this behalfe, than the woman, as S. Paul teacheth, 1 Cor. 7.4. and therefore by Moses law, as well the adulterer, as the adulteresse, was to be put to death.

2. But in respect of the qualitie and condition of the person, because the woman is the weaker vessell, and the man is the head of the woman, and of the more strength, this sinne is greater in the man, because hee therein give than evill example to the weaker partie, and teacheth her an evill lesson, Ecclesiasticus 9.1.

3. But the inconveniences considered that follow hereupon, as the ignominie and shame of houses, the confusion of inheritances, and the obtruding of false heires by the adulterie and false play of women; their sinne is thought to exce…d: Simler. Which might be the reason also why among the Jewes, the men were permitted to have divers wives, but not the women to have divers husbands.

QUEST. IX. Whether adulterie be now necessarily to be punished by death.

SOmewhat here would bee inserted concerning the punishment of adulterie by the sentence of death: wherein there are these three opinions: 1. Some thinke that adulterie ought to be punished capitally, according to the judiciall law of Moses, and not otherwise. Piscaetor giveth divers reasons hereof: but two especially I will single out: 1. Delicta temporibus naturam suam non mutant: Sinnes doe not change their nature in time. 2. Deus naturam suam non mutat: Neither doth God change his nature, so that he hateth sinne no lesse now than in times past, neither will he have it lesse punished: Praefat. in Exod.

Contra. 1. The nature of sinne is the same, though the punishment bee altered; adulterie is as grievous before God now as it was under the law: but the circumstances as of place and person, so also of time, may give occasion of aggravating or alleviating the punishment. Hee that gathered sticks upon the Sabbath was stoned to death, Numb. 30. because it was necessarie that the law at the beginning, being then newly given, should bee established by severitie. But yet our Saviour excuseth his Apostles for gathering and rubbing eares of corne upon the Sabbath, Matth. 12. Saint Peter pronounced the sentence of death upon A…amas and Sapphira, for deteining part of that which they had given to the Church, for p. 335the terror and example of others: yet now, such dissimulation is not held to be worthie of death. 2. Neither is God changed, by the changing or mitigating the rigour of the law: but he removing the same, applieth his law according to the different respect of … and persons: for as well hee might bee said to be changed, in the changing of other …, as of the ceremoniall, and judicials thereto annexed.

4. If all judicials annexed to the Morall law are now to be necessarily retained, then the violating of the rest of the Lords day, as then of the Sabbath, which was in that respect morall, should be punished with death; and blaspheming, and prophaning of the name of God by swearing, as Levit. 24.16. which would seeme to be too rigorous.

5. And seeing the times of the Gospell are the times of merciemercy, and those under the Law were the times of rigour and severitie, to abate somewhat of the rigorous punishments of the Law, not leaving sinne unpunished, may seeme not unlawfull.

2. Another opinion is, that adulterie is not at all now to be punished by death: for our Saviour would not condemne the woman taken in adulterie, Ioh. 8.

Contra. 1. Upon that example of Christ, it cannot be gathered, that it is unlawfull to censure adultery by death: for it would follow as well, that adultery is not to be punished at all, because Christ inflicteth no punishment at all upon her: onelyonly this may be inferred, that by Christs silence and forbearance it appeareth, that the punishment of adultery by death, is not necessary: for if his will had beene, that the rigour of that law should stand in force, our Saviour needed not to have feared their trap, lest they should have condemned him of rigour and severitie, if he had judged her worthie of death: and if he had repealed that law, they would have accused him, as contrarie to Moses. 3. This then may bee collected by Christs silence and connivence, that it is not necessarie that adulterie should alwayes and in all places be sentenced unto death; but rather, that it is left indifferent: that neither those Churches are to be condemned of too great severitie, which follow the president of Moses judicials herein, nor yet they are to be accused of too much lenitie, which judge adulterie otherwise than by death, as they see it best to fit their estate, so that the severitie of the punishment be answerable to the quality of the sinne. By Moses law, they which committed adulterie were to die the death, that is, if it were duplex adulterium, that both the adulterer and adulteresse were married, or if the woman were anothers wife, Levit. 20.10. otherwise it was not death for a married man beside his wife, to have a Concubine, or to one wife to take another, so shee were not anothers wife. What will they thinke now of such single adulterie, that would have it revenged by death? they have no president in Moses law, for the punishing of this kinde of adulterie by death: then it is evident, that all adulterie by the law of Moses was not adjudged to death.

The Romane lawes followed Moses president, in punishing of adulterers: so did some other nations beside. The King of Babel burnt Zedekiah and Ahab, two false Prophets, with fire, for committing adultery, Ierem. 29.23. Among the Egyptians, the man taken in adulterie was beaten with a thousand stripes, the woman had her nose cut off: Diodor. Sicul. lib. 2. cap. 3. The Germanes used to set the adulteresse naked before her kindred, and cut off her haire, and then her husband d…ave her before him through the street beating her with cudgels: Cornel. Tacit. de morib. German. The Cumeans placed the adulteresse in the Market place upon a stone in open view, that shee might be derided and scorned of all, and then set her upon an asse: and ever after shee was called foreign, an asse rider: and the stone they abhorred as an uncleane thing: Plutar. tom. 1. in quastionib. Graci…. These or some other grievous punishment may be imposed upon the odious crime of adulterie, where it is not recompensed with losse of life: but to dallie with so great iniquitie, and either to winke at it, or to let it passe with a light and superficiall checke, is displeasing to God, and offensive to all good men. See more of this question, how farre Moses Judicials doe now binde, 1 qu. generall in Exod.

QUEST. X. Whether it be lawfull for the husband to kill his wife taken in adulterie.

BUt whereas the ancient Romane lawes permitted the husband to kill his wife taken in adulterie, as appeareth in the declamations of Seneca, how a man having lost both his hands in warre, comming home, and taking his wife with another in adulterie, commanded his sonne to kill them both, and for refusing, hee did abdicate and renounce him for his sonne: Some would justifie this also as lawfull, pretending the example of Phinehes, that stroke the adulterer and adulteresse thorow at once.

Contra. 1. Though the ancient lawes did not punish the husband that killed his wife taken in adulterie: yet that act was not thereby made lawfull, but the law did therein beare with the just griefe of the husband. 2. And though the lawes of men should tolerate it, yet before God he committeth murther; because he doth it in his rage, and in his owne revenge. 3. But the last…r Romane lawes gave no such libertie for the man to kill his wife, but onelyonly the adulterer with whom shee is taken in her husbands house: for by this meanes, if men hated their wives, they might seeke occasion to be rid of them: and if he were a Noble personage, with whom the woman was found, it was not lawfull for the husband to kill him, but only to keepe him foure and twentie houres prisoner at home, untill he brought the witnesses. 4. Phinehes example is altogether unlike, for beside that he was stirred by the extraordinarie motion of the Spirit: if this president should be followed, it might be lawfull for any man to kill the adulterer, and the adulteresse, and not for the husband onelyonly: for both of these, whom Phinehes killed, were strangers unto him: the man was of another tribe, and the woman a Midia…i…esse, ex Simler….

p. 336QUEST. XI. Simple fornication, whether a breach of this Commandement.

THou shalt not commit adulterie, &c. 1. Some are of opinion, that simplex fornicatio, single fornication, which is soluti cum soluta, of a single man with a single woman, is not here forbidden, Oleaster. Hee granteth that fornication with a woman, quae esset alteri, vel omnibus exposita, which was either defiled by another, or common to many, was forbidden to the Israelites, as Deut. 22.21. Shee that played the where in her fathers house should be put to death: but otherwise it was not: in this Commandement therefore he thinketh adultery only to be forbidden, according to the native signification of the word na…ph, which signifieth only to commit adultery.

Contra. 1. But I rather preferre the opinion of Aben Ezrah, a learned Rabbin, who thinketh O…em concubitum, qui non est viri cum uxore sua hîc esse prohibitum: That all companying with a woman, beside of the man with the wife, is here forbidden: for seeing single fornication is against the Law of nature, as Iudah, before the Law was written, adjudged Thamar for her whoredome to the fire, Gen. 38. as Oleast himselfe confesseth, it must also of necessity be held to be a breach of the Morall law, which is grounded upon the Law of nature. 2. And as for the use of the word, Augustine well sheweth, by the interpretation of our blessed Saviour, Matth· 5.9. that even adultery is a kinde of fornication: Hee that dismisseth his wife, except for fornication, causeth her to commit adulterie: the word is foreign, fornication, which is taken for foreign, adulterie, Beza in hunc locum.

2. But that single fornication, even betweene parties both unmarried and unbetrothed, is forbidden in this Commandement, it shall bee manifested by these reasons. 1. Augustine thus argueth: 1. If that kinde of fornication be not forbidden here, Vbi sit illa prohibita in decalogo, utrum inveniri possit, ignore; Whether it can be found prohibited elsewhere in the decalogue, I am ignorant, &c. But it is certaine, that it is either forbidden here, or no where in the morall law. 2. Againe, Si furti nomine bene intelligitur omnis illicita usurpatio rei alienae, &c. if under the name of theft is well understood all unlawfull usurping of other mens goods, Profectò & nomine moechiae omnis illicitus concubitus, &c. by the same reason also, by the name of adulterie,August. in lib. de 10. chord. cap. 9. all unlawfull companie with a woman is forbidden, August. quaest. 71. in Exod. 3. Further, Augustine in another place thus reasoneth: Say not, Vxorem non habeo, &c. I have no wife, and therefore I sinne not against her: neither doe I covet another mans wife: ad meretricem eo, I goe unto an harlot; In Deum pecccas, cujus imaginem per diffluentias libidinis in te violasti, &c. Thou sinnest against God, whose image thou hast violated in thy selfe, by thy overflowing lust. 4. Againe, Dominus, quiscit quid tibi utile sit, uxorem concessit, hoc pracepit, hoc jussit; The Lord, who knoweth what is best for thee, hath granted thee a wife, that thou shouldest not wander in lust: this he commandeth thee to doe, if thou canst not containe thy selfe, &c. Therefore the fornicator, in giving himselfe to lust, and refusing the remedie which God hath appointed, therein offendeth against God.

2. Thom. Aquin. addeth these arguments: 1. A rigno Dei non excluditur aliquis nisi per peccatum mortale, &c. one is not excluded the Kingdome of heaven, but by a mortall sinne: but fornication excludeth out of the Kingdome of God, 1 Cor. 6.9. therefore it is a deadly sinne. 2. Licet non detur corpus uxoris, datur tamen corpus Christi, &c. although he have not a wife given, against whose bodie he sinneth, yet the bodie of Christ was given him in Baptisme, and hee made a member thereof: if it be not lawfull to sinne against the bodie of his wife, much lesse against the bodie of Christ; whose members hee taketh, and by fornication maketh them members of an harlot, as S. Paul sheweth, 1 Cor. 6.15. So he concludeth, Est ergo haeresis, dicere fornicationem, &c. it is heresie therefore to say, that single fornication is not deadly sinne, &c. and therefore in this precept, Thou shalt not commit adultery, not onelyonly adultery, but all carnall copulation out of matrimonie is forbidden, Thomas in opuscul.

3. Tostatus urgeth these reasons: 1. Whatsoever is evill, belonging unto carnall lust, must be here forbidden, either expressè, or tacitè, either by expresse words, or closely: for it cannot bee forbidden elsewhere: now simple fornication, even by the naturall light of reason, is judged to be evill: But it is not necessarie to finde out a thing evill by nature, that all men should bee of the same judgement, but onelyonly those whose reason and understanding is aright: for like as some are deceived in the judgement of the outward sense, as hee whose tongue is infected with bitter choler, thinketh hony to bee bitter: and hee whose eye is vitiate and corrupt, with a kinde of melancholy, will take the Aethiope and the Crow to be whitish: So in some the judgement of naturall reason is corrupted, as in intemperate and incontinent men: it is therefore sufficient, that temperate and sober men by the light of reason, judge fornication to be evill. 2. Every naturall act, not used and employed to the right end, is evill: so then, as to eat and drinke, Non propter conservationem individui, &c. not to preserve the bodie, but of riot and excesse, is evill: so to use carnall copulation of lust, and not Propter conservationem speciei per generationem, &c. for the preserving of the kinde by generation, for the which it is appointed, must needs be evill, as it is in fornication, Tostat. quaest. 22.

4. M. Calvin thus proveth that fornication is a sinne before God, and a breach of this Commandement: Ex quo legimus Deum benedixisse conjugio, &c. where we read that God blessed marriage, it is easie to gather on the contrary, that all other companying of man and woman, not in marriage, is accursed, and so the Apostle setteth the one as opposite to the other, Hebr. 13.4. Marriage is honourable among all men, &c. but whoremongers and adulterers God will judge: Seeing therefore the sanctitie and chastitie of marriage is commanded in this precept, the contrarie is forbideen, all other acts of uncleannesse whatsoever, which are a violation of marriage. 2. Nec aliunde, quàm ex lege Oseas illam reprehensionem sumpsit. &c. Neither did Hosea take that reprehension, but from the law, c. 4.11. Whoredome & wine take away the hears, p. 3373. S. Paul also sheweth, that the Israelites were punished for their fornication, and fell in one day 23 thousand, 1. Cor. 10.8. 4. The Apostles also exhorting the brethren to abstaine from fornication, giuegive this as a reason thereof, because Moses was read in their Synagogues every Sabbath day, Act. 15.19. if fornication then had not been contrary to the law of Moses, and so generally taken, it had not been such a great offence. Sic Caluin in hunc locum.

QUEST. XII. Spirituall fornication is not a breach of this precept.

SOme doe make spirituall fornication a breach of this Commandement, Thou shalt not commit adulterie: Necesse est spiritualiter observari: it must bee spiritually observed: and this abstinence from spirituall fornication, they make of th…e sorts, … Idolorum, & omni superstitio… Gentili… ▪ from the ceremonies of Idols, and all superstition of the Gentiles: there is another kind of fornication, Qua in Iudaismi superstitionibus cont…etur, which consisteth in the superstitions of Iudaisme; and the third is adulteri…m haereticorum, the adulterie of heretickes, Lippom. ex collationibus putrum.

But spirituall fornication, because it concerneth the worship of God, cannot bee referred to this precept, being of the second Table, which onelyonly concerneth our dutie toward our neighbour: and beside, if this precept should bee so spiritually understood, then the rest of the second table in like manner, which were inconvenient: and spirituall fornication, which is committed by idolatrie and false worship, is a peculiar breach of the second Commandement, and therefore need not to bee referred hither.

QUEST. XIII. Of the lawfulnes and dignitie of mariage.

NOw because in this precept, Thou shalt not commit adulterie, as all inconveniencie and uncleannes is forbidden: so chastitie both in mariage and without, is commanded: Here it shall not bee amisse to insert certaine questions concerning mariage: and first of the lawfulnes and dignitie thereof, which the Apostle calleth honourable, Heb. 13.4. This honour of the maried estate is set forth, 1. By the author and institutor thereof, God himselfe when hee brought Eve unto Adam; and to signifie the neere conjunction that ought to bee betweene man and wife, hee made woman of one of the mans ribs, Gen. 2. 2. The time and place, when and where Matrimonie was instituted, doe set forth the commendation of it, which was in Paradise, in the time of mans innocencie, before sinne yet was entred into the world. 3. The holy and wholesome ends, for the which Matrimonie was ordained▪ doe shew not only the lawfulnes, but the excellencie of it: which shall afterward, quest. 27. more fully bee declared: whereof the most especiall is, the procreation of children, ipsi Deu, Ecclesiae & reipublica: unto God himselfe, his Church and Common-wealth, Bucan. 4. In holy Matrimonie it hath pleased God to represent unto us the mysticall conjunction betweene Christ and his Church, Ephe. 5. so that it cannot bee but holy, wherein is shadowed forth such an holy mysterie.

QUEST. XIV. Of the espousals and contract of mariage, with the difference, and divers kinds thereof.

NOw Matrimonie is of two sorts, either inchoatum, which is only initiate and begun by the espousals and contract onelyonly; or it is perfect and consummate, when all the rites of mariage are accomplished and performed. Concerning the contract and espousals, which is the affiancing and betrothing of the man and woman each to other, by their owne voluntarie and full consent, with the liking and approbation of their friends, there are two kinds of them: 1. Some contracts are conditionall, and de futura, of the time to come, as they are called: as if the man make this promise, that hee will marrie a woman if her friends will consent, or if hee may have a competent dowrie with her: or if both the parties are under age, and not fit for mariage: for all these espousals are onelyonly promises of mariage for the time to come: and they doe not binde the parties: they may shew their levitie in not performing the promise made, unlesse they can give probable and reasonable cause of the change of their minde; but they are not to bee forced by any such promise of mariage, to accomplish the same. 2. The other kinde of espousals, is de praesenti, pronounced of the time present: as if one say, Ego te mihi despondeo uxorem: I take thee to my wife: this contract is actuall and effectuall; and cannot bee dissolved, being lawfully made: for that which God hath coupled together, man cannot put asunder, Matth. 19.7. and they which are thus contracted, are man and wife before God: as Iacob calleth Rachel, being onelyonly espoused, his wife: Give me my wife, Genes. 29.21 and the Angell calleth Mary espoused to Ioseph, his wife, Matth. 1.20. Hereof it was, that by Moses law, hee which defloured a maid espoused unto another, was to bee stoned to death, Deut. 22.23. 3. After these espousals, there came betweene them and the celebration of the mariage some convenient space of time: 1. For publike honestie sake, that they should not presently come together, as bruit beasts in the heat of their fleshly desire. 2. That by this meanes their mindes might bee first knit together, before their bodies: their desire of each to other by this meanes being kindled and increased. 2. That this pause being made, if in the meane time there should fall out any just cause of let, it might appeare, Bucanus.

QUEST. XV. Of mariage consummate, and the rites and orders therein to be observed.

MAriage is consummate by two solemne and publike actions; one is religious and Ecclesiasticall, the other is Civill: 1. The parties espoused are first brought into the face of the congregation, both to testifie their unfained consent each to other, and that they may publikely bee instructed by the Minister of the duties of mariage, and be commended unto God by the prayers of the congregation: which godly use of the publike celebration of mariage before the congregation, howsoever some schismatickes foolishly p. 338and wilfully spurne against it; yet is grounded partly upon the example of God himselfe, who brought man and woman together, and gave them a solemne blessing, saying, Increase and multiplie: partly upon that rule of the Apostle, 1. Corinth. 14.40. that all things in the Church should be done honestly, and by order: for by this meanes, secret and … mariages are prevented: and the parties freed from all suspition, who without this publike solemnitie might bee thought so live incontinently together: and seeing all things are consecrate by the word of God and prayer, 1. Tim, 4.5. it is requisite that such a weightie businesse as this should bee sanctified with prayer, and invocation of the name of God.

2. The other publike action is Civill, in the nuptiall feast, or festivitie: for it hath beene a commendable custome in all ages, and in all nations almost, to solemnize mariage with the cheerefull meeting of friend… as Laban made a feast in the mariage of his daughters, Genes. 29.22. our blessed Saviour was present at a mariage feast at Cana in Galile, Ioh. 2. But the mariage feast ought to bee kept with this cavent, that there bee no excesse, riot, or disorder, with other abuses, that often fall out in such meetings. As in that great feast which the great King of Persia made unto his Nobles, such good order was kept, that none was compelled to drinke more than hee would himselfe, Esther 1.8. This moderate and sober kinde of feasting may safely bee retained among Christians, according to S. Pauls rule, Philip. 4.8, 9. Whatsoever things are true, whatsoever things are honest, whatsoever things are just, &c. those things doe, and the God of peace shall bee with you, Ex Bucano.

QUEST. XVI. What conditions are required in lawfull mariage.

BUt in lawfull mariage divers conditions are required, and namely these: 1. That Matrimony bee contracted between such parties as are apt for mariage. The contracts then and espousals made betweene children are void. 2. That there bee a voluntarie consent of both parties, not forced or urged thereunto. 3. The consent also of the parents, or of those which are in the place and stead of parents, must not bee wanting. 4. There must bee no error in the persons: as when they are espoused as virgins, which prove afterward to bee otherwise: or such like errors and mistakings. 5. That honest condition… bee propounded in such contracts, with decencie and comelines. 6. That Matrimonie bee contracted onelyonly betweene two parties: for though the Fathers were permitted to have many wives; yet we must live not according to examples, but by a certaine law and rule. 7. Mariage must bee contracted in the Lord, that is, onelyonly betweene the faithfull and beleevers, and such as consent together in the true faith and religion. 8. That such persons contract not together, as are within the degrees prohibited either of affinitie and consanguinitie, which are expressed Levit. 18. which prohibition of degrees is grounded upon the law of nature, and therefore is morall and perpetuall: for God did cast out the Canaanites, because they were defiled herein, Levit. 18.24. Who were not bound to the ceremoniall, but to the morall lawes: and the end of this prohibition of certaine degrees was for reverence of the neerenesse of kindred and blood, as this reason is rendred: None shall come neere to any of the kindred of his flesh to uncover their shame, Levit. 18.6. and therefore this law is universall and perpetuall: Vrsin. Concerning the particular limitation of these degrees and right computation of them; see elsewhere this matter handled at large, Synops contr. 15. of Matrimonie, qu. 3.

QUEST. XVII. Of the ends of the institution of matrimonie.

NOw the ends wherefore Matrimonie was ordained are these: 1. In respect of the parties themselves there are three ends: 1. That they should be a mutuall helpe one unto another, both in divine and humane duties: as the Lord, when hee made woman, said, I will make an helpe meet for him, Gen. 2.18. which helpe is partly in humane affaires, as in domesticall duties, in governing and ordering the familie, in the bringing up and education of children: and in personall duties, one in helping and releeving another, in sicknesse and in health: as also in divine, one in comforting another, in praying one for another, and such like. 2. Mariage is ordained to bee a remedie against incontinencie and vagrant lust, 1. Cor. 7.2. 3. For procreation of children, which should continue their parents name, and succeed in his inheritance: as the Lord said unto them, Gen. 1.28. Increase and multiplie.

2. In respect of the Church and Common-wealth, Matrimonie was appointed as a meane to increase them both with profitable members and instruments, and therefore parents are charged to bring up their children in the instruction and information of the Lord, Ephes. 6.4. that they may bee fit to bee employed in the Church and Common-wealth.

3. In respect of God, Matrimonie was instituted principally for the setting forth of his glorie; that the married parties should together better learne to serve and worship God, and to bring up their children in his feare: and in their matrimonie, which is a sweet and amiable fellowship, is set forth that mysticall conjunction which is betweene Christ and his Church, Ephes. 5.32. Ex Bucan. Vrsin:

QUEST. XVIII. Of the mutuall matrimoniall duties betweene man and wife.

THe duties to bee performed in mariage are first, such as are common betweene man and wife: as 1. Mutuall love, that they should one love another, to love as they are beloved. 2. Matrimoniall faith, in keeping themselves one to another, not seeking after strange flesh. 3. A communion of their goods, one supplying anothers wants: and a communion of affection, one having a lively fellow-feeling of anothers griefes. 4. The education of their children, wherein both the parents are bound to shew their Christian care. 5. And mutuall hearing and forbearing one another, tolerating their infirmities, … a great desire to have them amended and healed, Vrsin.

p. 3392. The duties required on the husbands part are: 1. To instruct and teach his wife, and bring her to the knowledge of God, 1 Cor. 14.35. 2. To be her head, to protect and defend her from injuries▪ to guide▪ direct, and governe her in discretion, Ephes. 5.23. The husband is the woman's head, as Christ is the head of her Church. 3. To be amiable unto his wife, not bitter or cruell unto her, Colos. 3.19. not to use her as his maid or servant; but as his yokefellow, and collaterall companion and coadjutrix in the government of the house. 4. To provide for her all things needfull in sicknes and in health: for hee is worse than an Infidell that doth nor provide for those of his owne house, 1 Timoth. 5.8. 5. To honour the wife as the weaker vessell, 1 Pet. 3.7. and in his Christian discretion to winne her with lenitie.

3. The speciall duties on the behalfe of the wife are: 1. To shew her care and diligence in preserving of her husbands domesticall estate, and wisely disposing the houshold affaires: as that h…swively Mac…on is described, Prov. 31. 2. To give due reverence and honour to her husband, as unto her head, as Sara is commended, 1 Pet. 3.7. 3. And to bee subject and obedient unto him in all things in the Lord, Ephes. 5.22.

QUEST. XIX. Whether marriage be left indifferent to all.

MAtrimonie is neither denied unto any by the divine institution; nor yet commanded unto all: 1. It is lawfull and granted unto all to marrie, if they will: for the Apostle saith, that mariage is honourable among all men, Hebr. 13.4. because that blessing given unto mariage, Increase and multiplie, was generall to Adam and all his posteritie. 2. As mariage is not necessarily imposed upon all, so is it indifferent unto those which have the gift of continencie: for although they need not the remedie of matrimonie against fornication, having received that speciall gift; yet they may desire mariage for mutuall comfort, and to have issue: and for other ends, whereunto marriage was appointed. 3. But unto those which cannot containe, it is necessarie to use this remedie, and to them mariage is not indifferent. So the Apostle saith, It were good for a man not to touch a woman: neverthelesse to avoid fornication, let every man have his wife, &c. 1 Cor. 7.2. and vers. 9. If they cannot abstaine, let them marrie: for it is better to marrie than to burne. 4. But though this libertie be given to use the remedie, yet there must bee a temperate sobrietie and moderation, both in the use of mariage, that they doe not give themselves over to fleshly delight, but sometime sequester themselves to fasting and prayer, 1 Cor. 7.5. And a comely decencie must bee observed both in first and second mariages, not hastily and greedily to fall into them: as among the Romans Numa made a law, that a woman should not marrie within ten moneths after her husbands death, Vrsin.

2. Places of doctrine.

1. Doct. Of the generall and particular contents of this precept.

IN this Commandement under one speciall kinde of adulterie, all other acts of uncleannesse whatsoever are restrained: and whatsoever belongeth unto chastitie, is prescribed and commanded: as these three vertues principally: 1. Chastitie. 2. Shamefastnes. 3. Temperance. The contrarie unto which vertues likewise are forbidden.

1. Chastitie is commanded, which is a vertue keeping both the soule and bodie chaste, avoiding and shunning all uncleannesse and unlawfull lust, both in mariage, and in the single estate: as also all causes, occasions, opportunities, egging and provoking thereunto, as likewise the effects and inconveniences that ensue thereon. So the Apostle teacheth: This is the will of God even your sanctification, that yee should abstaine from fornication, that every one of you should know how to possesse his vessell in holinesse and honour, not in the lust of concupiscence, &c. 1 Thess. 4.3, 4.

Contrarie unto this vertue of chastitie are, 1. Such kinds of inordinate lust as are against even this nature of ours, as it is corrupt: as first, the confusion of divers kindes, as when men are given over to vile affections to defile themselves with b…uit beasts. Secondly, the abuse of the sex, as when men with men worke filthinesse, which was one of the sinnes of the heathen, Rom. 1.28. Likewise may the feminine sex bee abused, Rom. 1.27. Thirdly, when as the lawfull sex is used, but in too neere a degree, as in incest: all these are unnaturall lusts, and deserve of the Magistrate to bee extraordinarily punished.

2. Other kindes of lusts there are, which proceed from this our corrupt nature: 1. Fornication betweene parties not married, when as one with one committeth follie, or which is more odious, one with many, which is the vile practice of strumpets and whores. 2. Adulterie, either the one partie being married, and it is called adulterium simplex, simple adulterie: or both, which is adulterium duplex, double adulterie.

3. There are beside these, evill inclinations of the heart, and inward inflammations, which the godly doe resist by prayer, and cut off the occasions of them: and the remedie against this kind of lust is mariage, according to S. Pauls rule: It is better to marrie then to burne, 1 Cor. 7.9.

4. Shamefastnesse is here required▪ which abhorreth all kind of turpitude and uncleannesse, being alwaies accompained with a certaine griefe and feare, lest any thing uncomely should bee committed: such was the shamefastnes of Ioseph, that being entised often by his shamelesse Mistresse, would not afterward come into her companie,

Contrarie hereunto are, 1. Immodestie and unshamefastnesse, such as was in Herod…as daughter, that came in impudently and danced before Herod and the rest that were at the table. 2. Obscenitie and uncomelinesse in word or in deed, as in Iosephs Mistresse, that was not ashamed to move him with her owne mouth to lie with her.

3. Temperance is also commanded, which is a moderate and sober use of such things as belong p. 340unto the bodie, as meat and drinke, agreeable for the time, place, and persons, as S. Paul saith, Be not filled with wine, wherein is excesse, Ephes. 5.18.

Contrarie hereunto are, 1. Intemperance in meats and drinks, as in drunkennesse and gluttonie: 2. Facesse and superfluitie of meats and drinkes, which breedeth intemperance: as also excesse and pride of apparell, reproved by the Prophet in the daughters of Sion, Isai. 3. and other unseemely usages of the bodie, as in painting or colouring the face or haire, as wicked whorish Ie…abel used to doe, 2 King. 9.30. 3. Contrarie unto this moderate temperance, is in another extreme superstitious and immoderate abstinence, such as was that of the Heremites and Anachorites, that with too rigorous abstinence and fasting did oppresse nature, Vrsin. 4. As in temperance in diet is forbidden, as the nourishing cause of lust, so also in all other kind of behaviour: as the wantonnes of the eye, which opened as it were a window unto that great sinne of adulterie, which David committed with Bathsheba, 2 Sam. 12. Likewise obscenitie and vncomelinesse in speech: for evill words corrupt good manners, 1 Cor. 15.33. Simler. But these two last rehearsed are rather opposite unto the second vertue of shamefastnesse before rehearsed.

3. Places of Controversie.

1. Confut. Against the Anabaptists and Nicolaitans, which make their wives common.

THou shalt not commit adulterie, &c. First, seeing this precept commandeth chastitie in the married estate to be preserved, the Nicolaitans, and heretikes called Gnostici, are condemned, which as of other things, brought in a filthie communitie and mutual commixtion of their wives, Bucanus. Contrarie to the Apostles doctrine, To avoid fornication, let every one have his wife, 1 Cor. 7.2. that is, the wife ought to bee proper and peculiar to the husband, and the husband likewise to the wife: for the honour of mariage is stained when the mariage bed is defiled, and therefore the Apostle putteth them both together, Heb. 13.4.

2. Confut. Against the Maniches and Marcionites that condemne mariage.

FUrther, this Commandement forbidding the violating of mariage by adulterie, and all other uncleane and unlawfull lust, consequently alloweth the wholesome remedie of mariage, against the old heretikes, the Maniches, Encratites, Marcionists, Chrysost. hom. 12. in 1 Timoth. Ambrose addeth to these the Patritians, in 1 Tim. 4. that condemned mariage, as being instituted of Satan: whose wicked opinion is blasphemous against God, upon whose blessing, (Increase and multiplie) dependeth the procreation of children, which is the speciall fruit of mariage: And they contradict the holy Apostle, who saith, That marriage is honorable, &c. Hebr. 13.4.

3. Confut. Against the Romanists that forbid Mariage.

THirdly, the Romanists are here confuted, that enjoyne single life unto their Priests, as more agreeable unto their orders, which they thinke are defiled and polluted by mariage: and they count that to bee the more holy state among them, and such to bee most religious, which are entred into a vow of single life: so that although they doe not in open blasphemie condemne marriage, as the other wicked heretikes, which made the devill the author thereof, yet they speake falshood through hypocrisie, and under pretence of greater holinesse, condemne the holy institution of marriage, so that they cannot escape the censure of the Apostle, which calleth it a doctrine of devils to forbid to marrie, 1 Tim. 4.1.3. Neither can they shift it off by saying, that they doe not forbid mariage generally: no more did the Maniches, who allowed their hearers, such as were lay men, to marrie, but denied that libertie to their Clergie, whom they called their elect and chosen men, August. hares 46. And the Heretickes called Apostolici would not permit such to marrie, as had made a vow of single life, being not able to performe it, August. hares. 61. So the Romanists hold it unlawfull for their votaries to marrie, though they bee never so weake and unable to performe their vow. It is evident then, that whereas S. Paul giveth libertie to everie man for avoiding of fornication, to have his wife, 1 Cor. 7.2. and againe he saith, that mariage is honorable among all men, Hebr. 13.4. the practice of the Romanists not allowing their Clergie and Monkes to marrie, doth contradict the Apostolical doctrine. And beside, by this restraint of marriage, they give occasion of adulterie, fornication, and other uncleane lusts, seeing they restraine the remedie against these enormities, which is lawfull and honest marriage: and so they are apparent transgressors of this precept: Herein they are not unlike to those old Heretickes, called Origeniani turpes, the filthie Origenists, who, as Epiphanius writeth of them, rejected marriage, and yet gave themselves to lust, and some of them went in the habit of Monks, professing solitarie life, and yet were defiled with uncleannesse, Epiphan. hares. 63. Such were the Monks in Poperie, given over to al filthinesse, as their hypocrisie was notably discovered in the suppression of their uncleane cages and cells here in England. See more hereof, Synops. pag. 260, 261, &c.

4. Confut. Against Aquinas, that saith in the matrimoniall copulation there may be mortall sinne.

HEre by the way some exception is to be taken unto certaine positions of Thomas Aquinas, who confuting those who affirmed, Commixtionem viri & uxoris non esse sint peccato, that the companying of the husband with the wife could not bee without sinne, setteth downe these conclusions: 1. That … conjunctio aliquando non solum est sine peccato, sed etiam ad meritum vita …ternae: that such conjunction is sometime not only without sinne, but meritorious also of eternall life. 2. Quando est cum intentione procr… anda prolis, vel reddendi debiti, &c. when in the matrimoniall act there is an intention of procreation, or of rendring the mutuall debt of marriage, it is an act of justice, and so without sin at all. 3. Aliquando est cum peccato veniali, &c. somtime it hath a veniall or small sin, as when neither of the two former intendments do concurre. 4. Quando autem excedit, ut si posset se extenderet in alium, tunc est mortale, &c. but when this matrimoniall p. 341copulation exceedeth the bounds, that if it might bee, it would extend it selfe to another, then it is mortall, Thomas in opuscul.

Contra. 1. No act of righteousnesse in man can be meritorious of eternall life; seeing our best workes are imperfect, and betweene the merit and worke there must be a proportion and kinde of equalitie: but so there cannot bee betweene our imperfect workes, and such a perfect and infinite reward: The Apostle saith, That the afflictions of this present life are not worthie of the glorie which shall be shewed unto us, Rom. 8.18. If the suffrings of the Saints are not meritorious, much lesse their actions.

2. When matrimoniall conjunction is applied to the right end, it is without sinne, as S. Paul saith in the like case, Let him doe what hee will, he sinneth not, 1 Cor. 7.36. that is, materially he sinneth not: the thing which hee doth is no sin, neither is it a sinfull act: but yet there may bee some blemish and imperfection in the manner: seeing our best actions are stained, as the Prophet saith, All our righteousnesse is … filthie clouts, Isai. 64.4.

3. If veniall sin be taken for a small offence, wee denie not, but that such blemishes are found in matrimoniall duties, which are tolerated and covered in mariage, according to that excellent saying of Augustine; Libidinis voluptas, non propter nuptias cadit in culpam, sed propter nuptias accipit veniam: The pleasure of lusts doth not take blame because of mariage, but for mariage sake doth receive pardon: Lib. 1. de concupis. cap. 15.

4. But mortall or deadly sin in mariage there is none, that is, in his sense, haynous and grievous: for if his meaning be, that the fleshly desire would extend it selfe to another, that is, coveteth strange flesh, this is not incident unto any act of mariage, but is a violating of mariage, by adulterous and unchaste thoughts: And if there could be any s…ch mortall and deadly sin in the duties of mariage, what is become of that saying of the Apostle, concerning the giving in mariage, Hee sinneth not? 1 Cor. 7.36. which also may bee understood of the duties of mariage. Augustine hath this worthie saying, Sicut bono uti malè malum est, ita male…ti bene bonum est: benè utitur bono continentiam dedicans Deo, bono utitur malè continentiam dedicons idolo; malo utitur male concupiscentiam relaxans adulteri…, bene utitur malo concupiscentiam restring…s connubio: As it is evill to use a good thing evill, so it is good to use an evill thing well; as hee useth a good thing well that dedicateth his continencie unto God, hee useth a good thing evill that dedicateth his continencie to an Idoll: hee useth an evill thing evill, that doth loose the reines of his concupiscence to adulterie, he useth an evill thing evill, who restraineth his concupiscence to matrimonie, August. cont. Pelag. 1.19. If he doe an evill thing well, that limiteth and keepeth his concupiscence within the bounds of mariage, hee then cannot sinne mortally.

V. Confut. Against Tostatus that would not have simple fornication punished by humane lawes.

AGainst Tostatus, here also worthily exception is taken, who justifieth this defect and imperfection in humane lawes, he meaneth such as are practised among the Romanists, which doe not punish simple fornication: these are his words, Injustissima civilis lex esset, qua …eretrices tolleret; That should be a most unjust Civill law, which should take away strumpets, and punish simple fornication, &c. Wee will see and examine his reasons.

1. Civill lawes are only to restraine such sins, whereby justice is violated, and injurie done unto another, but in fornication there is no act of injustice, Non est ibi aliqua persona cui inferatur injuria; There is no person there to whom any injurie can bee done.

Contra. There is a manifold wrong committed in single fornication: 1. They offer wrong and dishonour unto Christ, in making the members of Christ, the members of an harlot, 1 Cor. 6.15. 2. They injurie themselves, in sinning against their owne bodies, in defiling and polluting them, ibid. vers. 18. 3. They doe wrong unto their posteritie, bringing upon them the shame of bastardie, making them illegitimate, and disenabling them to inherit.

2. If humane lawes should punish fornication, it would give occasion unto adulterie, incest, Sodomitrie, seeing the most in a common-wealth are weake and imperfect, and if they were restrained from this smaller vice, they would fall into greater enormitie….

Contra. 1. As though God hath not appointed a remedie against fornication, and all other uncleannesse, by lawfull matrimonie: shall men make themselves wiser than God, and seeke to cure one evill by another?

2. And thus the divine order is perverted among the Romanists: for they restraine mariage, and give way unto fornication, and therefore it is no marvell, if among them such unnaturall lusts doe reigne. Bernard well sheweth the reason thereof, Tolle de Ecclesia honorabile conjug…um, &c. Take away from the Church honorable matrimonie, (he saith not, take away harlots, and brothel houses, as Tostatus doth) shal ye not replenish it with incestuous persons, with concubinaries, Sodomiticall vices? &c. supe… Cant. serm. 66.

3. Humane lawes are not to forbid all sinnes, because Homo legem ponens non potest dare gratiam praeservativam, &c. because man making a law, cannot give preseruing grace to keepe it: and this was the cause, why Lex Mosis non prohib…bat omnia vitia, Moses law did not forbid all vices, because therein was no grace given, or helpe ministred to avoid them: therefore some things were permitted among them, as to take usurie of the Gentiles, to give a bill of divorcement, and such like. So Tostatus quaest. 23.

Contra. 1. By this reason humane lawes should forbid no sins, because Gods word, not mans law, giveth grace to abstaine from any sin. 2. Neither is there any sin forbidden in the new Testament against the morall law, which is not prohibited in the old: as it may appeare by our blessed Saviours interpretation of the law, Mat. 5. wherein he giveth no new law, but only expoundeth the old. 3. Though Moses law gave no grace to keepe it, yet because it was a Schoolemaster to bring us unto Christ, Gal. 3.19. it was fit it should be a perfect law, and containe a strict rule of all righteousnesse▪ that men the rather should bee driven unto Christ, seeing themselves to come so farre short. 4. The toleration of some things among the Israelites, for p. 342their hardnesse of heart sheweth not a defect in the law, but an imperfection in them, that could not bee▪ subject to the perfect rule of the law. 5. And concerning the punishment of fornication, it was not omitted in Moses law: for although fornication with one were recompenced with marriage, and paying of the dowrie, Deut. 22.24. yet if a daughter in Israel did play the whore, she was stoned to death, ibid. vers. 21. And seeing the law saith, There shall not bee a whore of the daughters of Israel, Deut. 23.17. how dare any defend the tolerating and suffering of whores in a Christian Common-wealth?

4. Morall observations.

1. Obser. Against shamelesse adulterers, that thrust themselves into the Congregation of the Lords people.

THou shalt not commit adulterie. This sin being so haynous in the sight of God, whereby both the ordinance of God is perverted, and matrimoniall faith mutually given violated, and the Temples of the holy Ghost defiled: hereby their impudencie, unshamefastnesse, and profanenesse is evident, that being guiltie of this sin, dare presume to come into the Lords house, to offer themselves to heare the Word, to receive the Sacraments, or communicate in any other exercise of religion, against whom the Prophet thus enveigheth: Will you steale, murther, commit adulterie, &c. and come and stand before me in this house, whereupon my name is called, and say wee are delivered, though wee have done all these abominations? Ierem. 7.9. Chrysostome well sayth to this purpose: Non est locu… hic lupanar, sed Ecclesia; si membra meretricis habes, abesto ab Ecclesia, ne praesentiâ tuâ sordescat: This place is no brothelhouse, but the Church; if thou hast the members of an harlot, absent thy selfe from the Church, lest it be defiled by thy presence, &c. homil. 62. super loan.

2. Obser. Against fornication.

ANd let not onelyonly adulterers take heed unto themselves: even fornication, between those that are not married, is a grievous offence before God, who will not onelyonly judge adulterers, but whoremongers also, Hebr. 13.4. And that saying of the Apostle may bee applied against fornication, as well as adulteries Know yee not, that yee are the Temple of God? &c. if any man destroy the Temple of God, him shall God destroy, 1 Cor. 3.16. Whereupon Augustine thus writeth: Non vis corrumpi domum tuam, quare corrumpi… … Dei? Thou wouldest not have thine house corrupted, or defiled, why then doest thou corrupt the house of God? lib. d… in chord. cap. 9. And these mischiefes fornication bringeth with it: 1. Perdit anima…, The fornicator destroyeth his owne soule, Prov. 9.18. Hee knoweth not, that the dead are there, and that her guests are in the depth of hell. 2. Consumit substantiam, He consumeth and wasteth his substance, Prov. 6.16. Because of the whorish woman, a man is brought to a morsell of bread. 3. Vilificat prolem, It maketh their posteritie vile and base, as the Apostle sheweth, Otherwise were your children uncleane, 1 Cor. 7.14. that is, without mariage. 4. Privat honore, &c. It depriveth of honour, and purchaseth an everlasting blot, Prov. 6.32. Hee shall find a wound, and dishonour, and his reproach shall never bee put away, Thomas in opuscul.

3. Obser. Against disguising of the bodie and uncomely apparell.

AVgustine sheweth, how this Commandement is otherwise transgressed, by light behaviour, disordered apparell, disguising of the bodie: Habitus impudicus corporis est nuntius adulterini cordis; The unshamefast behaviour of the bodie is the messenger of an adulterate heart: Superflua & inordinata capilatura, vestimentorum muliebrium affectata similitudo, as, Superfluous and inordinate haire, and affectation of womens garments, &c. And in women, Fucatafacies, capillorum nativi coloris adulteratio: A painted face, colouring of the haire, imitating the fashion of mens garments, &c. August. serm. 347. The one S. Paul reproveth in men, 1 Cor. 11.14. Doth not nature it selfe teach you, that if a man have long haire it is a shame unto him? The other S. Peter reprehendeth in women, As their broydred haire, and gold put about, and the putting on of apparell, 1 Pet. 3.3.