Against the seventh Argument, that if the Canon Law and Divines allow divorce for conspiracy of death, they may as well allow it to avoid the same consequence from the likelihood of naturall causes;
First, hee denies that the Canon so decrees.
I Answer, that it decrees for danger of life, as much as for adultery, Decret. Gregor. l. 4. tit. 19. and in other places: and the best Civilians who cite the Canon Law, so collect, as Schneidewin in Institut. tit. 10. p. 4. de divort. and indeed, who would have deny'd it, but one of a reprobate ignorance in all hee meddles with.
Secondly, hee saith, the case alters, for there the offender who seeks the life, doth implicitly at least act a divorce.
And I answer, that heer nature, though no offender, doth the same. But if an offender by acting a divorce, shall release the offended, this is an ample grant against himself. Hee saith, nature teacheth to save life from one who seeks it. And I say she teaches no less to save it from any other cause that endangers it, Hee saith, that heer they are both actors. Admit they were, it would not be uncharitable to part them; yet somtimes they are not both actors, but the one of them most lamentedly passive. So hee concludes, Wee must not take advantage of our own faults and corruptions to release us from our duties. But shall wee take no advantage to save our selvs from the faults of another, who hath annull'd his right to our duty? No, saith hee, Let them die of the sullens, and try who will pitty them. Barbarian, the shame of all honest Atturneys, why doe they not hoiss him over the barre, and blanket him?
Against the eighth Argument, that they who are destitute of all marriageable guifts, except a body not plainly unfit, have not the calling to marry, and consequently married and so found, may bee divorc'd, this, hee saith, is nothing to the purpose, and not fit to bee answer'd. I leav it therfore to the judgment of his Maisters.
Against the ninth Argument, that mariage is a human society, and so cheifly seated in agreement and unity of minde: If therfore the minde cannot have that due society by mariage, that it may reasonably and humanly desire, it can bee no human society, and so not without reason divorcible: heer he falsifies, and turnes what the position requir'd of a reasonable agreement in the main matters of society, into an agreement in all things, which makes the opinion not mine, and so he leavs it.
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