I have of my Countries judgement, and the love I bear to my native language to ferv it firft with what I endeavour, made me fpeak it thus, ere I affay the verdit of outlandish readers. And perhaps alfo heer I might have ended nameles, but that the addreffe of thefe lines chiefly to the Parlament of England might have feem'd ingratefull not to acknowledge by whofe Religious care, unwearied watchfulnes, couragious and heroick refolutions, I enjoy the peace and ftudious leifure to remain,

The Honourer and Attendant of their

Doctrine and Difcipline of Divorce; Reftor'd to the good of both Sexes.

THE FIRST BOOKE.

THE PREFACE.

That Man is the occafion of his owne miferies, in most of thofe evills which hee imputes to Gods inflicting. The abfurdity of our canonifts in their decrees about divorce. The Chriftian imperiall Lawes framed with more Equity. The opinion of Hugo Grotius, and Paulus Fagius: And the purpofe in generall of this Difcourfe.

Any men, whether it be their fate, or fond opinion, eafily perfwade themfelves, if God would but be pleas'd a while to withdraw his juft punishments from us, and to reftrain what power either the devill, or any earthly enemy hath to work us woe, that then mans nature would find immediate reft and releasement from all evils. But verily they who think fo, if they be fuch as have a mind large enough to take into their thoughts a generall furvey of humane things, would foon prove themselves in that opinion farre deceiv'd. For though it were granted us by divine indulgence to be exempt from all that can be harmfull to us from without, yet the perverfneffe of

our folly is fo bent, that we should never lin hammering out of our owne hearts, as it were out of a flint, the feeds and fparkles of new mifery to our selves, till all were in a blaze againe. And no marvell if out of our own hearts, for they are evill; but even out of those things which God meant us, either for a principall good, or a pure contentment, we are ftill hatching and contriving upon our felves matter of continuall forrow and perplexitie. What greater good to man then that revealed rule, whereby God vouchfafes to fhew us how he would be worshipt? And yet that not rightly understood, became the cause that once a famous man in Ifrael could not but oblige his conscience to be the sacrificer, or if not, the jaylor of his innocent and onely daughter. And was the cause ofttimes that Armies of valiant men have given up their throats to a heathenish enemy on the Sabbath day: fondly thinking their defenfive resistance to be as then a thing unlawfull. What thing more instituted to the folace and delight of man then marriage? and yet the mif-interpreting of fome Scripture directed mainly against the abusers of the Law for divorce giv'n by Mofes, hath chang'd the bleffing of matrimony not feldome into a familiar and co-inhabiting mischiefe; at least into a drooping and difconfolate houshold captivity, without refuge or redemption. So ungovern'd and fo wild a race doth fuperftition run us from one extreame of abused liberty into the other of unmercifull reftraint. For although God in the first ordaining of mariage, taught us to what end he did it, in words exprefly implying the apt and cheerfull converfation of man with woman, to comfort and refresh him of the evill and folitary life, not mentioning the purpose of generation till afterwards, as being but a fecondary end in dignity, though not in neceffity; yet now, if any two be but once handed in the Church, and have tafted

in any for the aptal bed, let them ind themelves never to milaka in the pections tomega error, concallment, or affentire, that throug their different temper, toogia, and conftimtions, they can neither be to one another a remedy against kaelines, nor live in any union or contentment all their dayes, yet they thall, to they be but found fuitably weapon'd to the least potibility of feniball inWyment, be made, fpight of antipathy to fidge together, and combine as they may to their unibeakable wearifomnes and defpaire of all fociable delight in the ordinance which God eftablight to that very end. What a calamity is this, and as the wile-man if he were alive, would figh out in his owne Phrafe, what a fore evill is this under the Sunne! All which we can referre juftly to no other author then the Canon Law and her adherents, not confulting with charitie, the interpreter and guide of our faith, but refting in the meere element of the Text; doubtles by the policy of the devill to make that gracious ordinance become unfupportable, that what with men not flating to venture upon wedlock, and what with men wearied out of it, all inordinate licence might abound. It was for many ages that mariage lay in difgrace with most of the ancient Doctors, as a work of the fleth, almoft a defilement, wholly deny'd to Priests, andthe fecond time diffwaded to all, as he that reads Tertullian or Jerom may fee at large. Afterwards it was brought fo Sacramentall, that no adultery or defertion could diffolve it; and this is the fence of our Canon Courts in England to this day, but in no other reformed Church els: yet there remains in them alfo a burden on it as heavie as the other two were difgracefull or Superftitious, and of as much iniquity, crofling a Law not onely writt'n by Mofes, but character'd in us by nature, of more antiquity and deeper ground then mariage it felfe; which Law

is to force nothing against the faultles proprieties of nature: yet that this may be colourably done, our Saviours words touching divorce, are as it were congeal'd into a ftony rigor, inconsistent both with his Doctrine and his office, and that which he preacht onely to the confcience, is by Canonicall tyranny snatcht into the compulfive cenfure of a judiciall Court; where Laws are impos'd even against the venerable and fecret power of natures impreffion, to love what ever cause be found to loath. Which is a hainous barbarisme both against the honour of mariage, the dignity of man and his foule, the goodnes of Christianitie, and all the humane respects of civilitie. Notwithstanding that fome the wifeft and graveft among the Chriftian Emperours, who had about them, to confult with, thofe of the Fathers then living, who for their learning and holines of life are still with us in great renowne, have made their statutes and edicts concerning this debate farre more eafie and relenting in many neceflary cafes, wherein the Canon is inflexible. And Hugo Grotius, a man of these times, one of the best learned; feems not obscurely to adhere in his perswasion to the equity of those Imperiall decrees, in his notes upon the Evangelifts, much allaying the outward roughnesse of the Text, which hath for the most part been too immoderately expounded; and excites the diligence of others to inquire further into this question, as containing many points that have not yet been explain'd. Which ever likely to remain intricate and hopelesse upon the fuppofitions commonly stuck to the autority of Paulus Fagius, one fo learned and fo eminent in England once, if it might perfwade, would strait acquaint us with a folution of thefe differences, no leffe prudent then compendious. He in his comment on the Pentateuch doubted not to maintain that divorces might bee as lawfully permitted by the Magistrate