Treatise on Repudiation and Divorce

  • Year 1569
  • Type Treatise
  • Genre theology
  • Tradition Reformed
  • Original language Latin

Theodore Beza's "Tractatio de Repudiis et Divortiis" emerged from the pressing pastoral and legal challenges facing Reformed churches in the sixteenth century as they sought to establish biblical grounds for marriage dissolution. Writing as Calvin's successor in Geneva, Beza confronted the complex intersection of scriptural interpretation, pastoral care, and civil law in Protestant territories where traditional Catholic canon law no longer held sway. The treatise represents one of the most systematic Reformed attempts to address divorce and remarriage from both theological and practical perspectives.

Beza argues that Scripture permits divorce on two primary grounds: adultery, based on Christ's exception in Matthew 19:9, and desertion by an unbelieving spouse, drawing from Paul's teaching in 1 Corinthians 7:15. He carefully distinguishes between separation and full divorce, contending that only the latter permits remarriage for the innocent party. The work demonstrates Beza's characteristic blend of rigorous exegesis and pastoral sensitivity, as he navigates between maintaining the sanctity of marriage and providing relief for those trapped in genuinely destructive unions. He addresses objections from both stricter Reformed voices who opposed any divorce and Catholic positions that allowed only separation, developing a middle path that became influential across Reformed territories.

The treatise shaped Protestant marriage law and pastoral practice for centuries, offering a theological framework that many Reformed churches adopted in their confessions and civil legislation. Beza's careful argumentation provided intellectual respectability to Protestant divorce practices while maintaining clear boundaries against casual dissolution of marriage.

Who should read this: Scholars of Reformation history and Reformed theology will find essential source material for understanding Protestant approaches to marriage and divorce. Pastors and church leaders grappling with contemporary marriage difficulties may gain historical perspective, though they should not expect direct answers to modern pastoral questions. This is not suitable for general readers seeking practical marriage guidance.

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