Page:Tetrachordon - Milton (1645).djvu/114

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.
94
TETRACHORDON.

request of many who had the judging of these causes in Denmark and Norway, who by all likelyhood follow'd his advice.

Hunnius a Doctor of Wittenberg, well known in Divinity & other arts, on the 19. of Matt. affirmes that the exception of fornication exprest by our Saviour excludes not other causes equalling adultery, or destructive to the substantials of matrimony; but was oppos'd to the custom of the Jewes who made divorce for every light cause.

Felix Bidenbachius an eminent Divine in the Dutchy of Wirtemberg affirmes that the obstinat refusal of conjugal due is a lawful cause of divorce, and gives an instance that the consistory of that state so judg'd.

Gerard cites Harbardus, an author not unknown, and Arnisæus cites Wigandus, both yeelding divorce in case of cruel usage; and another author who testifies to have seen in a dukedom of Germany mariages disjoynd for some implacable enmities arising.

Beza one of the strictest against divorce, denies it not for danger of life from a Heretic, or importunat solicitation to doe ought against religion: and counts it all one whether the heretic desert, or would stay upon intolerable conditions. But this decision well examin'd will be found of no solidity. For Beza would be askt why, if God so strictly exact our stay in any kind of wedloc, wee had not better stay and hazard a murdering for Religion at the hand of a wife, or husband, as he and others enjoyn us to stay and venture it for all other causes but that? and why a mans life is not as well and warrantably sav'd by divorcing from an orthodox murderer, as a heretical? Againe, if desertion be confest by him to consist not only in the forsaking, but in the unsufferable conditions of staying, a man may as well deduce the lawfulnesse of divorcing from any intolerable conditions (if his grant bee good that wee may divorce thereupon from a heretic), as he can deduce it lawfull to divorce from any deserter, by finding it lawful to divorce from a deserting infidel. For this is plaine, if Saint Pauls permission to divorce an infidel deserter, inferre it lawfull for any malicious desertion, then doth Beza's definition of a deserter transferr it selfe with like facility from the cause of religion to the cause of malice, and proves it as good to divorce from him who intolerably stayes as from him who purposely departs; and leaves it as lawfull to depart from him who urgently requires a

wicked