and yet leaves the circumstance to mans discretion, particularly, in your own examples; Excommunication is not taught when, and for what to bee, but left to the Church. How could the Licencer let pass this childish ignorance and call it good. Next, in matter of death, the Laws of England, wherof you have intruded to bee an opiniastrous Sub advocate, and are bound to defend them, conceave it not enjoyn'd in Scripture, when or for what cause they shall put to death, as in adultery, theft, and the like; your minor also is fals, for the Scripture plainly sets down for what measure of disagreement a man may divorce, Deut. 24. 1. learn better what that phrase means, if shee finde no favour in his eyes.
Your second Argument, without more tedious fumbling is breifly thus. If diversity in Religion, which breeds a greater dislike then any natural disagreement may not cause a divorce, then may not the lesser disagreement: but diversity of Religion may not; Ergo.
Answer, First, I deny in the major, that diversity of Religion, breeds a greater dislike to mariage duties, then natural disagreement. For between Israelite, or Christian and Infidel more often hath bin seen too much love: but between them who perpetually clash in natural contrarieties, it is repugnant that ther should bee ever any maried love or concord. Next, I deny your minor, that it is commanded not to divorce in diversity of Religion, if the Infidel will stay: for that place in St. Paul, commands nothing, as that book at large affirm'd, though you over-skipt it.
Secondly, if it doe command, it is but with condition, that the Infidel bee content, and well pleas'd to stay, which cuts off the supposal of any great hatred or disquiet between them; seeing the Infidel had liberty to depart at pleasure; and so this comparison avails nothing.
Your third Argument is from Deut. 22. If a man hate his wife, and raise an ill report, that hee found her no virgin, if this were fals, he might not put her away, though hated never so much.
Answer, This was a malicious hatred, bent against her life, or to send her out of dores without her portion. Such a hater looses by due punishment that privilege, Deut. 24. 1. to divorce for a natural dislike, which though it could not love conjugallly, yet sent away civilly, and with just conditions. But doubtles the Wife in that former case had liberty to depart from her fals accuser, lest his hatred
