wicked thing, though professing the same religion, as from him who urges a heathenish or superstitious compliance in a different faith. For if there be such necessity of our abiding, wee ought rather to abide the utmost for religion then for any other cause; seeing both the cause of our stay is pretended our religion to mariage, and the cause of our suffering is suppos'd our constant mariage to religion. Beza therfore by his owne definition of a deserter justifies a divorce from any wicked or intolerable conditions rather in the same religion then in a different.
Aretius a famous Divine of Bern approves many causes of divorce in his Problemes, and adds that the lawes and consistories of Swizzerland approve them also. As first, adultery, and that not actual only, but intentional, alleging Matthew the fifth, Whosoever looketh to lust, hath committed adultery already in his heart. Wherby saith he, our Saviour shewes that the breach of matrimony may be not only by outward act, but by the heart and desire; when that hath once possest, it renders the conversation intolerable, and commonly the fact followes. Other causes to the number of 9. or 10. consenting in most with the imperial lawes, may bee read in the author himselfe, who averrs them to be grave and weighty. All these are men of name in Divinity and to these if need were, might be added more. Nor have the Civilians bin all so blinded by the Canon, as not to avouch the justice of those old permissions touching divorce.
Alciat of Millain, a man of extraordinary wisedome and learning, in the sixt book of his Parerga, defends those imperial lawes, not repugnant to the Gospel, as the Church then interpreted. For saith hee, the antients understood him separat by man, whom passions and corrupt affections divorc't, not, if the provincial Bishops first heard the matter, and judg'd, as the councel of Agatha declares; and on some part of the Code hee names Isidorus Hispalensis, the first computer of Canons, to be in the same minde. And in the former place gives his opinion that divorce might be more lawfully permitted then usury.
Corasius recorded by Helvicus among the famous Lawyers hath been already cited of the same judgement.
Wesembechius a much nam'd Civilian in his comment on this law defends it, and affirms that our Saviour excluded not other faults