6. T

I have difcourfed with feveral worthy Greeks, (especially fome not Poifon'd T. p. 219; by the Latin Emiffaries, ) who have thus offer'd to Juftify their Practice of Divorces. There are, fay they, acknowledged by all good Chriftians, three ends of Matrimony. First, Procreation of Children. Secondly, to avoid Incontinency. Thirdly, mutual Comfort and Society. As to the first, Impotency for three Years in a Man, actual but incurable Incapacity in a Woman, are allow'd by both Latins and Greeks, nay even by God himfelf, as a juft Caufe of Se- De frig. & paration, because that end of Matrimony is thereby fruftrated. Why may not Malef. c. 5.c. Sterility or Barrennefs be as well allow'd as a fufficient Caufe; efpecially if both Gen. 1. 28. Parties out of a defire of Children part, Bonâ Gratiâ, by free Will and ConSent? It is evident enough that a Man or Woman, who can have no Children between them, may both have Children, if they refpectively change for others. Befides a Man who gets Children enough by other unlawful Women, but can get none by his Wife, thews plainly that the end of his Marriage fail not on his fide; If a vast Estate, or perhaps the welfare of a whole Kingdom depends T. p. 220. upon his having an Heir, hath he not gipao Euλoyor, as laudable and as reafonable a Caufe to put away his Wife and take another, as fhe would have had against him if he had been proved Impotent? The cafe of our King Charles the fecond hath often fallen into thefe difcourfes.

De conjug.

As to the second end of Matrimony; A good Man Marries rather then burn; but his Wife falls ill of a loathfome incurable Discafe, fo as he cannot endure her Bed; He burn'd before he had tafted the Pleasure of Fruition, but now he knows what it is he burns more furiously; what must he do? I anfwer'd in St. Paul's words, my Grace is fufficient for thee. They reply'd, 2 Cor. 12. 9. that it was no less then a Miracle in St. Paul, and if it were not a great Prefumption in every ordinary Man in this Cafe to expect the fame, it would cer tainly be one in the Governors of the Church to expofe every poor Creature, without diftinction in fuch circumstances, infeparably to fuch violent Temptations as must needs often affault them. The Greeks therefore think it perfect Charity to feparate them; and they accufe the Latins as Guilty of unreasonable and intolerable Cruelty, for not only forbidding their feparation, and enjoining them perpetual Continency, but (what feems to them moft extravagant) leprof. c. 1. for obliging the found party to pay due Benevolence to the Infirm one, if it c. 2. be required. The Reverend Fathers of three whole Provinces in the Council of Vaurium furely had another Opinion of this Matter; when they decreed Labb. T. 11. that Lepers fhould be altogether excluded from found Peoples company, and therefore they were permitted neither to come to Church, nor to Mercate, nor Shambles, nor Publick Houfes, (nay they were not fuffer'd to be buried with other clear Corps) and their reason was this, quia morbus ipfe contagiofus exiftit, because that Difeafe was Infections and creeps upon found Bodies by touch alone, Now to oblige a found Man or Woman to pay the Marriage Debt to one thus Infected, feems to the Greeks as unreasonable as to force a found Perfon to accompany with one that hath the Plague. It is as great Tyranny and Barbarity as that of Mezentius who tied the Living to n. 8. 486. the dead, fitting Hands to Hands and Mouths to Mouths.

c. 21. p. 1989.

Gen. 2. 18.

As to the third end of Marriage, which is mutual Society; What comfort can there be with a rotten Carcase? What delight between a harmless Lamb and a furious Tyger? What concord between a Saint and a Fiend? Between Christ and Belial? What fafety with one perfectly Mad or poffeft with a Devil? Again, what can be faid when the fault or Caufe lies on both fides, as when extravagant and ungovernable Paffions conftantly rage in both the Man and the Woman, and the bitterness of their mutual difcord and fpite is wrought up to that height of Hatred and Malice, as to Curfe one another and every moment with one anothers Death? The Greeks think it the highest piece of Chriftian Charity, as well as Chriftian Prudence, to feparate Perfons clogged T. p. 221. with thefe moft lamentable circumftances efpecially the latter; rather then

Atill

T. p. 221 ftill to chain them together under thefe daily Tempefts and Storms of Hell it felf.

§. 11. &c.

Novel. 140.

Baronius feems to them too blindly and too violently attact to the SacramenAnno 566. tal Popish party, when he fo unreasonably inveighs against the Emperor Justin for restoring the antient Laws of Divorces, and parting by mutual Confent, which Juftinian (as abovefaid) a little before had abrogated. For the weighty Reasons there fet down, for which this was done fufficiently fpeak for themfelves to all the World. First he expreft as great a Veneration for Marriages as is poffible, and folemnly wished that they might always be fortunate. and thereby feem (as we fay) truly made in Heaven; But fince in fuch a Multitude of People, it is impoffible that here and there some, áñóyus Juoueveias, unreasonable Enmities and Quarrels should arise, he thought fitting to contrive fome Remedy for this; especially where, T TAS μingafuXias, the frailties of Mind in the Man and Woman rofe to that height as their mutual Hatred could by no means be extinguished or afwaged; The old Laws allow'd a parting, Bonâ Gratiâ, by mutual Confent, but his Father Juftinian, (who, he faid, for Piety and Wisdom furpaffed all the preceding Emperors) thought fit by a Law to forbid this parting by Confent; and Justin also had a great defire that it should have fo remained in full force and vigour. But very many apply'd themselves to him who hated and loathed their Marriage, and (what was most lamentable and very fad and griev ous) complain'd of the Quarrels and Fightings which from hence happen'd at home; and defired to be parted, though none of the Caufes (above named) allow'd by the Law were pretended. He maturely confider'd of this matter fome time; fometimes admonishing them, fometimes with threats urging them, that they would leave off the unreasonable Hatred which was between them, and come to an agreement and better temper of Mind. But it was all to no purpose; for it is a wonderful hard thing to reconcile them who are once feized with unaccountable Paffion and Hatred. For it happen'd that fome of them fell to Wicked Designs against one another, and ufed Poifon and other deadly Practices. In fo much that often their very Children, which were their joint Offspring, could not bring them to one and the fame Mind. Upon thefe confiderations he abolished the late Act of Juftinian, and restored the antient Practice of parting by Confent; Reff. de reg. jur. viving this rule of the Law. If mutual Difpofition, or Confent, of Mind makes Marriages; in like manner a contrary Difpofition of Mind may by Confent diffolve them; provided it be declared by (the Prelates) Letters of Divorce. These were Justin's reasons for his Law, and it hath been Observed Ludol.Coment, and Practifed amongst the Greeks and other Eastern Churches ever fince to this in Hift. Ath. very day.

1. 35.

1. 3. c. 672. Seld, ux. hebr.

Mat. 5. 32. C. 19. 9.

There is

The Latins still peremptorily infist upon the words of Christ, Man and Wife, 1. 3. c. 26. fay they, must not part, except in the only cafe of Fornication. To which T. p. 222. the Greeks think that many things of very great Moment may be faid. First, it is plain that Chrift did not abfolutely forbid Divorce, but allow'd it, ev oy Togrelas, in the cafe of Fornication, as we render the Greek word, wogveia, in Deut. 24. 1. English. The Law for Divorce amongst the Jews was this, If a Man found Some Matter of Uncleanness in his Wife he might put her away. no great doubt to be made but that the Jews in Chrift's time had corrupted this Law by their false Gloffes, as much as they had then done all the others mention'd by our Saviour in his Sermon on the Mount. What we translate matter of Uncleanness is in the Hebrew 7 Nakedness of a thing or matter. Gen. 9.22,23. And because, ny, Nakedness is often taken for the fecret or privy Parts of Lev. 18. Sep. Man and Woman; and because these are counted, in the Apostles Language, ra änμa si sa ägnμova dishonourable and uncomly or fhamefull things, the Hebrew Phrafe, Nakedness of a Thing, there fignify Uncleanness or Filthiness; and it is rendred by the LXX, anar açãɣμa a filthy Thing or fhamefull Matter; and feem there moft properly to be meant of moral Turpitude, evil

τα

Manners,

& 14.

Manners, vitious Inclinations, and Practices, But in the foregoing Chap. T. p. 222, ter, the very fame Hebrew words are plainly used to exprefs Bodily unclean. nefs, and filthiness and naftiness; in the Jewish Camp they were to keep themselves from every ill thing. As, by reason of uncleanness that chanced Deut. 23.9,10, to any of them in the night, they were to go out and not return till the 11, 12, 136 next night, first washing themselves. They were to go out of the Camp to eafe themselves, and then to dig a hole to cover their Excrements; Both these things were to be done for this reafon that the Camp might be Holy g and that God fhould not fee, 71, the Nakedness of any thing, or as the LXX anμooúvlu gáyμar the filthiness of any thing, among them. Here the Phrafe is plainly applied to bodily Uncleanness, or any Naftiness or Filthiness. Now the Jews might in time from hence have made not only Immorality, (according to the primitive Sense) but any fhamefull thing, or Indecency, or common Infirmity, (as frequent making of Water, or Loofness in Sleep, or Vomiting through Intemperance, and the like) a fufficient caufe of Ifa. 28.8. Divorce; nay, if upon any account whatfoever at last, the Woman did not Orig. in Mat. find Grace or favour in her Husband's Eyes, he put her away; and this part 2. p. 67. a gave the occafion of the question made to our Saviour, whether Divorce might be made a πav aiian for every cause? Chrift level'd his anfier most particularly against this Phrase, as if he had faid, you must not upon every caufe Divorce your Wives, that is, upon every pettish humour or dislike, or trifling pretence, as your manner now is,yet there remains ftill (even under the Gospel) one fubftantial Caufe or Reason for it, and that is, oy Togrelas, fome Matter or kind of Fornication; intimating, that to have been the Primitive and only Intention of Mofes his Law, before they had corrupted it out of their illnature and hardness of Heart, and before that Corruption was grown into common Practice, and fo was fuffer'd and permited.

Mat. 19. 3.

T. p. 223.

De ferm. dom.

If this Gospel of St. Matthew was first written in Hebrew, as the common Tradition is, whatever the word was there, which is now rendred in Greek, Togela, neither that nor this could here fignify Adultery properly fo called; for that was punished not by Divorce, but by Death, and there was no bill Lev. 20. 18 of Divorce given in that Cafe. Now the Greek word ogrela, if taken in its full Latitude doth fignify, not only fimple or plain Fornication, but all filthy. flefbly Lufts, and lewd Unclean, obfcene Practices; as St. Auguftin expreffly expounds it, and he faith pofitively, that for the Practising illicitas concupi-L. 1. c. 28. fcentias, fuch unlawfull Lufts, as well as for ftuprum, plain Whoredom, Man and Wife, fine crimine, without any blame may Divorce one the other, because our Lord hath made Fornication a juft Exception; and it is fo explain'd by St. Paul, the will of God is, that you should abstain from For-, Thef. 4. 3. nication, that every one should poffefs bis Veffel in Sanctification and Ho-4, 5. nour; not ev zábe exulas, in the Luft (the Paffion) of Concupifcence, even as the Gentiles which know not God. And the fame Apostle elsewhere Rom. 1. 26, explains this Paffion, or loathfome Difcafe, of Concupifcence, by, rán áπ- 27. Mías, thofe fhameful Affections, and abominable Lufts, unto which God had given the Gentiles up. The Woman did change the natural ufe into that which is against Nature. And likewife alfo the Men leaving the natural: ufe of the Woman, burned in their Luft one toward another; Men with Men working that which is unfeemly, or very fhamefull. And thus we find the word gela, extended far beyond fimple Fornication, in fo much as to take in the unlawfull Marriage, or filthy Fact.of the Corinthian, who had, Cor. 5. 1. taken his Father's Wife, and fo Idolatry is again and again called Fornicati-Lev. 18. 8. on; they Sacrificed, faith David, their Children to Devils, and thus they p.06. 37. 3g. were defiled with their own works, 117, nógvEUODY, and committed Fornication with (or by) their own inventions; and we meet it many times elsewhere in the fame Sense.

2 Chron. 21. 11. Ezek.

Thefe old Heathenifh words, κίναιδοι, αισχροποιοί, ἀρσενοκοιται, πάιδες, πόρνοι, Επεκ. 16. 16 Μύσεις, ἀνασεισίφαλλο, λεσβιας, τριβὰς, μυσάχνη, ὄλισσας, ἀκυτήριον, ἐκβόλιον, Φίλ- 29.

τρον,

T. p. 223. Tgov, I fay thefe and a great many more fuch old words are loft amongst the prefent Greeks, but the lewd Practices unto which they relate, (as I am very well informed) remain ftill too rife among them; and οι ἀποδένοντες and ἂν ἀποSévera are equally with all these forbidden, and feverely cenfur'd in their prefent Nomocanon, and in their Directions to their Confeffors. Now πορνεία Fornication is used (though it is far too mild a name) for all thefe abominable Eph. 5. 12. and execrable works of Darkness, which are done of them in Secret, and it is even shame ever to speak of them. If Idolatry be fpiritual Fornication, what must thefe accurfed Actions be which were firft learn'd and borrow'd from the Idolatrous Heathen? And if a Man join'd to a Harlot be one Flesh, any innocent Perfon forced to be join'd to any of these enormous Sinners, must be made fo too.

1 Cor. 6. 16.

verf. 3.

6.

רחקיך

But not only these monftrous and unnatural Sinners, but T, Rekhekecah, di μaxgúvortes éautus, every one that by wilful Sins withdraws or keeps himself Pf. 73. 27. far from God, is called, . Zone, mogvevæv, by David, a Fornicator from T. p. 224. God. And inftances of fuch Spiritual Fornicators are there made in the foregoing part of the Pfalm; As the Wicked in general; she proud and Violent; The Corrupt and those that loftily talk of Oppression; The Prophane who fet their Mouth against Heaven; Saying, how doth God know; Is there any knowledge in the most High; Thefe are the ungodly; How are they brought into Destruction? They that thus Fornicate, and are thus far from God fhall Perish. And in this large Senfe is og da taken in the Revelations, not only for the Idolatry, but for all the Impieties, and Abomic. 18. 3, 4, 5. nations, of the Myftical Babylon.

8.

9.

11.

12.

27.

Apoc. 17. 2.

In Math part

Now the Greeks urge that Queftion of Origen, what must be done with a 2. p. 76. B. Woman, who though she commits not Fornication, yet doth fomething more Heinous; as if she be a Sorceress, or deftroys her Children or her Conception; Lavish out her Husbands goods; Steal from him? Or (you may add) if the Practiseth any of the above hinted horrid Lufts, and unnatural Deeds; or does any of those things expreffly forbidden by Justin as his Nomocanon? If fhe be for these crimes Divorced, how can it stand with Chrift's words, who allows only Fornication as a Caufe? There is fomething, faith he, which feems Inhoneftum, dishonest on either fide, I know not whether it be truly difboneft; For to endure fuch Sins of a Woman, which are worfe then Adulteries and Fornications, will feem to be unreasonable, and yet to act contrary to the will of Chrift, every one counts impious.

But fince all these foul Sins are plainly declared either Corporal or Spiritual Fornications, the pious Prelate, who (now a days amongst the Greeks) is the only Judge of complaints in these Cafes, diligentèr requirens, after diligent enquiry pronounce Sentence in the Matter. If the Crime be fo Enormous, or the Accufation fo directly oppofite to any of the three Ends of Matrimony, as he thinks in his fincere Confcience that it is better that the unfortunate Couple fhould be separated, then that they fhould be daily and hourly expofed to most violent and dangerous Temptations, and perpetually chain'd together under fuch a burden as meer Flesh and Blood is not able to bear, the Greek and Eastern Churches conclude Divorces made under thefe circumstances to be plainly allow'd by the words of Chrift; and in Origen's words juftam excufationem habent Bulenb. Med. apud Deum, are excufable in the fight of God. And the Latin Cafuifts comTheolog. 1. 6. c. prehend under the name of culpabile Adulterium, finful Adultery, omnes fpecies 2. dub. 3.refp. Luxuriæ in qua caro cum carne dividitur, all forts of uncleanness, Bestiality, 2. §. 1. Sodomy and corruption between two of the fame Sex, &c. If therefore it be Law full before God to part in case of fingle Fornication, how can it be unlawful in cafe of those other unnatural and abominable crimes, (efpecially when they are multiply'd or complicated) which are far more heinous and more intolerable.

Next the Greeks think that there is very great weight in that Phrafe, Mat. 5. 32. Wagextos λóye mogvélas, faving for the Caufe, or rather upon confideration, of παρεκτὸς λόγε

For

of Fornication; for many cafes may happen where Divorce feems neceffary for T. p. 224. preventing it. They take occafion from fome hints which Origen hath given us fupra. them thus to argue. When either Party being Young and Healthful cannot enjoy by reason of Impotency, or fome loathfome and incurable Difeafe or the T. p 225. like; it seems abfolutely neceffary that the found Perfon fhould be feparated rather then burn; if for a Man only to look and luft after a Woman (or a Woman after a Man) be Adultery; how often, without almoft a Miracle, muft Mat. 5. 18. the found Perfon commit Adultery or Fornication, at leaft in their Heart? If a Man in time cares fo little for his Wife, as to fuffer her to do what she will, and to Goffop abroad, and to keep company with other Men; had he not better put her away, then that he should continually nourish fuch vici. ous and lewd thoughts in her Heart as must needs arife there? If either Perfon be, tar övæv åσλyéçç, fired with exceffive Luft, and one is not able or willing (perhaps out of Sanctity or Chastity) to gratify the others defires; there is the fame reason for their parting, rather then that the unsatisfied Perfon fhould fall into unnatural gratifications of their Luft, or commit real or mental Adultery or Fornication; for even this continual mental uncleanness seems to the Greeks a more reprehenfible Evil, then what can happen, if they part, and chufe others more agreeable to their Natures; and they think it better to hazard one difputable point (as they at moft count all fuch Divorces fo,) then for any one to live in continual burnings, or in repetition of any known Sin. Or (as it is faid to have been Fabiola's cafe in St. Hierom) to venture Ep. 30. T. 1. one flight wound to avoid many more from the Devil.

P. 72.

d.

Origen plainly tells us that this was Practifed in his time; fcio enim quof. Ut fupra.p.75. dam, I know fome Bishops, faith he, who contrary to the letter of the Scripture have permitted a Woman to Marry another Man, her firft Husband being ftill alive; yet they have not permitted this altogether without a Caufe; for perhaps for the Infirmities of Incontinent Men, they have permitted what was bad in comparison of what was worse, contrary to what had been written from the beginning. And he inftances a little before in feveral fuch things permitted in Scripture to prevent what is worse; non fecundum veram Juftitiam, fed fecundum duritiam cordis hominum; not according to ftrict Juftice, but in condefcenfion to the Infirmities of Men and the hardnefs of their Hearts. It is good for a Man not to touch a Woman, but to avoid Fornication let every Man and Woman Marry. It is good for Widdows, and Maidens, and Batchelors fo to abide, but if they cannot contain let them Marry; for it is better to Marry then burn. Now containing and vers. 8. 9. burning are of the very fame nature in a Single or a Married State; though they both appear much stronger in this latter, for what hath been faid before. Therefore in the many Cafes beforemention'd, and many others which may p. 220. §. 1. be brought concerning those who are Married, the fame words in all parity of Reason may be faid, If they cannot contain, let them part and Marry again to others.

1 Cor. 7. 1.

When two defire to part bonâ gratiâ, by good will, for none of the causes before mention'd, but perhaps only that one, or both, might live a reclufe Life, as a Monk, or a Nun, or a Hermit, feparated from all Society of the contrary fex, to give themfelves wholly to Devotion and Prayer, furely (as is faid be- T. p. 126. fore) it is as juftifiable that they fhould part upon this fcore for ever as for a time; and even here is, Xóy Togvélas, confideration of Fornication, or Uncleannefs; fhould they lie together, or live together, or fee one another, or others of different fex daily, it is impoffible, that their thoughts fhould always be so pure and free from all Carnality and Vanity, or fo entirely taken up with Heavenly contemplations, as if they were confin'd to a Cell or Hermirage; thus Turks never fuffer Women to come to their Mofch's or publick Prayers. they fay where Men and Women are together it is impoffible to offer up a pure spiritual Sacrifice, and neither Greeks nor Jews fuffer Men and Women to fit together at their publick Devotions; and all this is, λóyos nog

Ff

γείας,