(afes of Divor'ct. extending the fenfe of Scripture beyond the importance of the Wor~s upo_n pretence of a parity of reafon (as many of the Perjured do by Levir. 30. in cafe 0fVows: ) Len mans deceitful wit lhould mak.! a Law to it f~lf as Divine, upbn pictcnce of interpreting Goi:ls Laws : But yet when the plain Text doth fpeak but of one cafe ( that is, of Men1 putting away thtir Wivl1 ), he that will thence ga– ther an exdufion of the Womans liberty, doth ftcm by addition re be the corrupter of the laYf.. And where the Context plainly !heweth a Parity of reafon, and that rea!on is made the ground of!he de· termination in the Text, there it is fafe to expound the LaW cxtcnfiVdt acco_rdingly. Surely thf: Covenant of Marriage hath its Conditions on both parts: and fome of thofe Condition/ are nccelr.ny to the very being of the Qbligations, though others art: but needful to the rreU-bei~tg of the parties in that llate. And therefore though Putting .iwi:ty be only the par~ -of the Hasband, as being the Ruler, and ufually the Owner of the habitation, yer Departing m!y &c _the libcuy 9l rhe Wife: And 1 know no reafon to blarqF tholC Countre)'s, whofe Laws allow the Wife to Sue out a divorce, 537 as well as the Husband. ~ " ~eft. IO· M•y the Husband put away the Wife without theMagifirate, or ihe Wife depart from ¥J. ."ef!. Io. tht Hllsb:md without a pubhck legal d1vorce or !Jcenfc? Anfw. where the Laws of the Land do take care for the prcvent~o~ of inj~ri~S, and .make anf determination in the cafe (not contrary to the Law of God,) there Jt JS a Chn!hans duty to obey rhofe Laws; Therefore if you Jive undc.:r a Law which forbidderh any Putting awa) or Dep.zrli.ng, without publick feotence or allowanCe, you may not do it priVately upon your own will. .Foi; the; Civil Governours are to provide againfi the private injuries of anf of the Subjed-s. And if perfoilS might put a"ay or depart at pleafure, it would introduce both injury and much wickcdncfs intO the world. But where. the Laws of men do leave perfons to their liberty in this cafe, they need the~ to look no fiuther than to the Laws of God alone. But ufually the fenttnce of rhe Civil power, is nccdfary only in cafe of appeal, or complaint of the party injured : and a feparatidn tnay be ma.de without fuch a public/!,. divorce, fo that each party may make ufe of the Magifirate to right thcn:i~ fdves if wronged. As if the Adultery be not openly known, and the injuring party defire rilrher ro be put away privily than publickly ( as 1o[rpiJ pur~ofed to do by Mary) I fee not but it is lawful fo to do, in caft:.that the Law, or the neceffity of m;tktng the offender an Example rcGliire not the con-' trary nor fcand.ll or othcracc:idents forbid it not. SeeGrotitts's learned 'Notes on !rl.Jtth. 5· 31, j2. and ~n Matth. 19· and 1 Cor. 7· about theli:: queHions. ~eft· I I· Is not the cafe ol Sodomy or Buggery a ground fin w•nantable divorce; as well as ~cjl; I I· Adultery> An[w. Yes, and feemeth to be included in the very word it fclf in the Text, Mattb. 5· 3 I, 3 2 ; which fignitieth uncltannefs: or at leafi is fully implyed in the reafo>t of it. See Grotiu1 ibiJ. alfo of this. ~·fl· 12• What if both parties commit Adultery? may either of them put away the other, or ~·fl· 12; depart ; or rather mufi they forgive each other? An[w. If they do it both at once, rhey do both forfeit the lib,.erty 0f feeking any compenfation for the injury; becaufc the injury is equal (however fome would give the advantage to the man)~ Bur if one tommit Adultery firll and the orhcr after : Then either the lafi offender ~;. .,. of the firjf or not ? If not, then it feemeth all one as if it had been done at once. But if, ye#, then they did it either en a fuppofition of the diffolution of the matrimonial ·obligarion, as being .loqfed from tht firll Ad•Herer, or elfe upon a purpofe of continuing in rhe firfi relation: In th'e laitr oafe, it is fiill all one as if it had been done by' them at once, and i-t ~is a forfeiture of any fatisfaCfion : But in the f ormer cafe, though the lafi adulterer did fin, y~t being before fer at liberty, it d6th not renew the Matrimonial obligation: But yet, if the fir!\ 0Jfendor dcfirc the continuance ofit, anel the. return of the firH·injured party ; fhamc and confcienc:e of their own fin, will mu<~h rebuke them, if they plead that injury for continuance of the fcparation. ' ft•eft· I3• Bur what if one do purpofely commit adultery, to be feparated from the other? ~eft. I3· An[tr. Ir is·iri the othci"$ power and choice, wheth~ to be divorced and depart, or not, as they find the ~ood or evil confequents preponderate. · ~ej!. I4· Doth not Infidelity diffolve rhe Relation or obligation; feeing there is no communion fi!!•fl· I4• between light and Clarkncfi, a believer and an Infid.el? . . . · . An[w. It maketh I! uulawful for. a Believer t.o marry an Infidel ( .except in cafe of true neceffiry,); Bcc~ft ~hey can ha \re no Com~umon m Rehg1on. But 1t nulltfi~h not a marriage already mzdc,nor maketh tt lawful to dcpa:r.tor d!~orce: ~ec&ulc they may hav~ meer con}ugalrComm~tmon llill. 4s the Apofile purpofely determmeth the caft, m 1 Gor.y: · ' ~eft. '5' Doth not the [j,fcrtionof one party, difoBlige the other? ¥J.!!cf!. 1 5: AnfrP. I.It thull be confidered what is true D,fertion: 2. Whether it be a Difeition of the Rela· tibn it felf for cohtinuance, or .oDly a tem~orary de~erti?n o_f co-habitation, or congrcfs. 3· What the temper and·tl:ate Of the deltned party JS. r. It 1s fomtumc:s eaGe, and forrietimes hlrd to dif".· cern whkh is the dt{ertiitg party. If the JY.ft go aw•y from the Husband un,.artaiuably, though fl:e requue h1·m· to follow her, ~~d fay that fhe dot~ not dtfct.t h~m; yet 1t may be taltcn for a drier– tun, becaufe tt 1s the man who xs to rule and thoofe the hah1tatlon. Bur if the mom go away and the woman refufe r·o follow him, "it is rtot he that is therefore the defener. , ~·fl· But what if the man have not fufficient cau{e tO go away, and the wdrnan hath g!Cat and urgent rcafi)ns not to go? As fuppofe that the man Will go away in hatrc:d of :m able PreaCher and good company, and the woman if !he follow him, mufi lca1e all thofe hdps; and go among ign:,ranr, Zzz ' 2 pro.
RkJQdWJsaXNoZXIy OTcyMjk=