Of Divorce for Adultery, To the reader – Contents
An Advertisement to the Reader.
1 COncerning this Treatice, wheras it is of such an argument, as wherein divers of great learning hauehave already dealt, and yet my selfe had done thus much therein many yeeres since (though I did never publish it til now) I hauehave thought it needfull, gentle Reader, to acquaint thee somewhat farther with either of them: both how it came to passe, that I also hauehave thus far entermedled therewith; and whervpon it was, that it hath (as it were) kept in til now. That I hauehave thus far entermedled therewith, it arose first, out of the nature of the thing it selfe▪ but then, somewhat farther of, by occasion. The former of these was, that a gentleman of those parts wherein most I reside, having such a purpose with him, and having already gotten (into a little paper-book of his) the handes of sundrie of the Preachers of those parts, came to me also therewith, and desired my hand likewise: his case there being, that for adultery by his wife committed, he might sue the divorce, & marry againe. His request I denied, & gaue him some reason why so I did: but perceiving then, that I did not content him, a while after I wrote vntounto him a few sheetes of paper of that matter; & so rested all the passage that was betwixt vsus. The latter of them was, that the most reverend Father (that in those parts then was) being minded to Visit, requested me to preach at the beginning of that his visitation: wherein, among other things more fully prosequuted, I gaue a little touch to that point also; namely, that whereas divers were perswaded, that for adultery they might sue the divorce, and marry againe, & some accordingly so did, if the matter were wel examined, that liberty would not (in my iudgement) be found, to hauehave any vndoubted warrant at al in the word of God.
2 There had beene a few yeeres before, of one family (but indeed, one of the greatest in those parts) or thervnto appertaining, about fowre several persons, and those of some note besides, who had thē so gotten divorce, & were married againe. And besides those (who, it may be, had else where mo fellowes also, than that heady course any waie deserved) an other there was of more speciall reckoning thā they, who so got divorce against his wife also, & married an other: on whose behalfe, on that my warning then publikely given, I found there was more dislike conceived, than might well arise on so easie a course, as (in my iudgement) then was taken. Wherevpon I then resolved, when my time should be to occupie that place again, seeing that little warning was thought so strange then, so to vnfolde the matter it selfe whence it arose, as that the Auditorie might better perceiue, there was some reason, why it was given. That time fell out to be some few months after; at which time I only dealt in that matter, and made two Sermons of it: at that time shewing, that the said presupposed liberty, so to put away their wiues for adultery, & to marry againe, was altogither without warrant in the word of God; and, divers other waies, faultie besides.
3 Herevpon the matter began to worke: at home; & abroad. At home, though most of the Auditory were glad to heare the matter opened so farre as it was, and conceaved wel of it: yet there wanted not also, who having some of their waies called into some question thereby, were much offended; one carrying himselfe so inordinatly therin, that for it he was for a time committed. At which time (I meane, while that matter was in hearing, for which the party aforesaid was committed) there fell out this accidēt also. The honourable Personage, who then was in chiefe place for the execution of iustice there, by occasion obiected vntounto me, that although such liberty had no warrant in the word of God, yet did the lawes of our coūtry allow it whervnto I answered againe, that his H. might perceiue that was not so, for that neither those second womē were allowed any dowrie, nor their childrē to be legitimate. His H. therin could not be said by me, but told me I was much deceived therein till some of the Councel (then present) told him, that it was indeed as I had said.
4 See now the good nature, & plaine dealing of that Noble Gentleman, right noble in deede. A right learned man (and of good parts besides) of this our own countrie, had before imparted, on speciall suit, to the gentlemā that before we spake of, his iudgement (in writing) of the same matter; not, by putting to his hand to the gentlemans bosome-booke, as others before, nor in some few lines of his owne framing, which in such case is likewise vsed: but in a Treatice or Book, of iust volume (& the most learned, that any yet, in that course, hath written) and so, with all of that sort, of special reckoning; even an vndoubted warrant to hold on the way that themselues so much affected, and wished to be allowed vntounto thē. Wherein he is in deed more copious than others, to shew that many hauehave been of the same opinion: but in the principles or groundes of that whole building, the common reading and iudgment of others, so far prevailed with him likewise, it seemeth, that so his resolution was nothing so sutable, to that learning & iudgement of his, as otherwise it was like to hauehave beene. This Booke fairely written had the same gentleman (as I vnderstood) delivered to that Noble Personage, his Lord and Master, so to let him see, how cleere and warrantable that course was, that he & others then were in. This Book did that Noble Personage cause one of his attendants thē to fetch: and presently he gaue the same vntounto me; as giving vp therewith, all the good liking, that of that opinion hee had before conceived.
5 Abroad it so wrought likewise, that besides diverse others, one in the South parts (for this that we speake of, was done in Yorke) in the heart thereof, and one of the chiefe in those partes also, hearing in some sort what I had there of that matter delivered, sent vntounto me to be acquainted with my notes: which I also accordingly sent; and heard, that there they were approued. But thereby and otherwise perceiving, that not only many of the learned were carried away with the oversight & preiudice of those learned that were for that presupposed liberty, and with the reverēce of their persons (which indeed, in many good respects, was in great measure due vntounto thē) & that some farther notice thereof was needfull to be given to others likewise: I therevpon gathered this present Treatise, and sent it vp to my Lords Grace of Canterburie that thē was; to be published also, if so it should stand with his Graces pleasure. For the matter, his answere (I heard) was, that he was of the same minde himselfe: I heard likewise, that hee imparted the same to some others of special note, & place; and that they were of the same minde also. But as touching the publishing of it, that hee thought not good so to doe: yet giving no other reason then, but that hee would hauehave as few controversies in the Church as might be; and that others had offered a Treatise of contrarie iudgement which he had staied (that, of the learned mans that before wee spake of; and great golden meanes vsed, to hauehave had it allowed) and should then be thought partiall, if neverthelesse he should hauehave admitted of this.
6 So there it lay for certaine yeeres, out of my hands: and I, having done my endeavor, to hauehave entered in by the dore of orderly proceeding; would not then attempt to clime in by a window of any inordinate course whatsoever. Neverthelesse to make some vse of that time also, whereas that learned man that before I spoke of, had by occasion written a set Treatise of that matter affirmatiuely, I thought good to acquaint him also, with that which I had conceived thereof negatiuely: and to that end both sent him a copie of that Treatise of mine, and by my letter sent withall, desired him to let me vnderstand, if hee found any thing therein that was not sound. The Treatise, & my letter withall were both delivered: but the satisfactiō that I received thence againe, was no more, but that, some reasonable time after, by another friend of mine, that Treatise of mine was sent mee againe, with this answere, that the partie to whome it was sent, saw no cause yet, said hee, to be of other opinion therein, then hee was of before; that other friend of mine in such sort advising and wishing me besides, as that thence I might easily gather, that the Treatise it selfe was not so welcome, as I had hoped it might hauehave beene.
7 Speeding none otherwise there, then did I soone after put his Grace in mind, whether, as that kind of loosnesse began then to grow bold and heady, it were not vnequal dealing, to stay that which by good right might wel proceed, and was needfull too, for that which might not, and were not without danger besides. To that I had no answere, neither was it material I should: but I noted, that soone after there was some farther order taken for it, by publike authority. Others also of good reckoning, I heard, began openly to deale therein: both in one of their chiefest assemblies of all this land; and, in exercise of learning, evē in the Vniversitie it selfe likewise. Wherevpon taking occasion againe, to put his Grace in mind of that Treatise of mine, whether yet his Grace could not like of the publishing of it, his Grace thē readily sent it vntounto me, with his good leaue to publish it all: at which time there was an other impediment (which most did stay him) cleane removed. But then me selfe was already advised of an other good opportunity, the benefit whereof, to the better furtherance of it, my hope was then, that I might in reasonable time attaine vntounto: & therevpon thought it best, to stay it farther with me, till then.
8 In which meane time, some of the favorits of that liberty, by stealth or secret meanes, hauehave gotten a Copie of the Treatice of that learned & reverend man aforesaid, to be printed and published: and, by such meanes as they hauehave vsed, hauehave dispersed, and imparted the same vntounto many. By which inordinate course of theirs, there is no question, but that diverse may bee endangered: as making no doubt, but that, as that indeed was his iudgement; so his learning, and their inclination meeting so fitly & kindly togither, the truth of the matter must needs be so also.
9 True it is, that many of the learned hauehave beene, and yet are, of that opinion, & accordingly hauehave interpreted, & yet doe, such Scriptures as they hauehave conceived to appertaine therevnto: but it is as true withal, that as many of the learned againe, if not far mo, hauehave beene, and are, of other opinion, and hauehave otherwise vnderstoode, & yet doe, those Scriptures aforesaid. And as some other Territories or several Churches, it may be, there are, who are of opinion, that in such case divorce may be, & marrying again: so is it as evident too that the governmēt of this Church of ours, & so of many others besides (if the same may not be cōceived of the whole generally) doth not allow it So that in truth if we go to the opinion or iudgement of mē, there is no questiō but that the matter is very hard to bee decided: but so far, as the more generall & setled iudgmēt, may cast the ballāce: as also in those Scriptures thēselues, which at the first sight doe seeme most properly to appertain therevnto, we hauehave the same difficulty also, vnlesse we repaire vntounto those others besides, as whereby we may see see, that such sense doth hardly agree to some other duties that are required.
10 The cōtroversie therefoe standing in such case as it doth, and so many being so ready to take fast hold of so plausible a liberty, and so little regarding so great inconvenience as inseparably goeth with that opinion of theirs: as it was a cleere case with me before, that both the matter it selfe had need to be farther looked into, & that people did need to be warned of the danger that was therein, so it is still; and so much the more now, as this inordinate course of theirs may bee more dangerous to many of our owne Country-men here. And so far as the occasion hereof did set it selfe a working in those Northern parts of ours, & I therevpon accounted my selfe, in conscience and in dutie bound, to giuegive such warning as then I did: so far now, the like occasion being in these parts also so plainely given, I thought it my duty, to resume, or take vntounto mee that purpose againe; & now to discharge that point of duty, so far at the least, as in my hands it should ly to do. But now seeing the matter is, among the learned, in question alreadie, and they are much more able, thē I, that hauehave it in hand, & in all respects very well furnished to such a purpose, that I may not seem, now to take part, but rather to respect, evē originally, the truth it selfe, I hauehave thought good to commend to the presse, that very coppy of that my Treatise, that was then (those many yeeres since) vnderunder the view, together with the Preface thereto, and the date thereof that it had before. So now I cease, and commend thee to God.
Oxford, Iun. 4. 1610.
THE CONTENTS OF THE TREATICE ensuing, according to the severall Sections thereof.
THe Argument of the whole Treatise following: and, that there bee two sorts of places whereon those of the learned do rest, that are for Divorce or Adultery, a marrying againe, Sect. 1.
What those places are whereon so they build. Sect. 2.
How ready divers are, without any farther enquirie first made, to rest thereon. Sect. 3.
That such as are of that opinion hauehave little ground-worke even in their Leaders, for that they are so much crossed by others as therein they are. Sect. 4.
How doubtfull resolutions thēselues also for that matter hauehave. Sect. 5.
VponUpon how weake reasons they hauehave growne to such resolution. Sect. 6.
What Protestations they vse withall. Sect. 7.
What we are to thinke thereof: namely, that where such things go with all, there is no likelyhood to finde any certainety of Doctrine whereon to build (especially, in so weighty a case as this.) Sect. 8.
Briefly declared that those places do little helpe: & that they do plainly mistake those two that seemed to be strongest for them. Sect. 9.
How those places of Scripture are taken by them. Sect. 10.
That, in such sort taking those places (it may well be) they did mistake them: both that of Deutrronomie. Sect. 11.
And that other of Malachie also. Sect. 12.
What our selues are to gather, on that their so taking of them. Sect. 13.
In those places that most are for marrying againe, that they are so crossed by others, that those also are, likely to helpe them but little. Sect. 14.
How farre they may be charged therein: namely, that their owne defectes are such, as well may make their iudgement suspected. Sect. 15.
How weakely they reason in such things as are in question, and so of the substance of the matter it selfe. Sect. 16.
How weakely they reason likewise in such things as are but accidentarie therevnto. Sect. 17.
How weakly they reason on certaine other things also, as are of such a kinde or so neere vntounto thē, as that thence they draw certain reasons also. Sect. 18.
How, when they come the word it selfe, they much mistake it. Sect. 19.
That on some places also they gather amisse: first Erasmus. Sect. 20.
Then, Mr Beza also. Sect. 21.
How weakly they do reason likewise on the authority of men. Sect. 22.
That they hauehave divers inconvenient and hard speeches besides: especially Erasmus (who, in this age of ours, was if not the first, yet the greatest motioner of this matter) Sect. 23.
Then also, certaine others of that company. Sect. 24.
In the places themselues, first of that sense that they conceiue of them. Sect. 25.
Then, what we may thinke to be their meaning in deed: and first of that in the fift of S. Matthew. Sect. 26.
Then, of that other place in the 19. of the said S. Matthew. Sect, 27.
In such doubts as may be conceived, that the Exception in such sense as we conceiue it, will nothing at all helpe them. Sect. 28.
In the sense wherein they conceiue it, that it will helpe them but little also. Sect. 29.
And in such case that they also must be very well advised, and take good heed what they do therein. Sect. 30.
And that they doe nothing against any other Scripture, which they hauehave strong against them. Sect. 31.
Nor against convenience neither, which in that case they cannot avoide. Sect. 32.
That whereas the Apostle also permitteth the faithfull (by an infidell forsaken) to marry againe, that it also doth nothing helpe them. Sect. 33.
The Conclusion. Sect. 34.