The Doctrine and Discipline of Divorce/Bk1 Chapter 1
CHAP. I.
TO remove therfore if it be possible, this great and sad oppression which through the strictnes of a literall interpreting hath invaded and disturb'd the dearest and most peaceable estate of houshold society, to the over-burdening, if not the over-whelming of many Christians better worth then to be so deserted of the Churches considerate care, this position shall be laid down; first proving, then answering what may be objected either from Scripture or light of reason.
That indisposition, unfitnes, or contrariety of mind, arising from a cause in nature unchangeable, hindring, and ever likely to hinder the main benefits of conjugall society, which are solace and peace, is a greater reason of divorce then naturall frigidity, especially if there be no children, and that there be mutuall consent.
This I gather from the Law in Deut. 24.1. When a man hath tak'n a wife and married her, and it come to passe that she find no favour in his eyes, because he hath found some uncleanesse in her, let him write her a bill of divorcement, and give it in her hand, and send her out of his house, &c. This Law, if the words of Christ may be admitted into our beleef, shall never while the world stands, for him be abrogated. First therfore I here set down what learned Fagius hath observ'd on this Law; The Law of God, saith he, permitted divorce for the help of human weaknes. For every one that of necessity separats, cannot live single. That Christ deny'd divorce to his own, hinders not; for what is that to the unregenerate, who hath not attain'd such perfection? Let not the remedy be despis'd which was giv'n to weaknes. And when Christ saith, who marries the divorc't, commits adultery, it is to be understood if he had any plot in the divorce. The rest I reserve untill it be disputed, how the Magistrate is to doe herein. From hence we may plainly discern a twofold consideration in this Law. First the End of the Lawgiver, and the proper act of the Law to command or to allow somthing just and honest, or indifferent. Secondly, his sufferance from some accidental result of evill by this allowance, which the Law cannot remedy. For if this Law have no other end or act but onely the allowance of a sin, though never to so good intention, that Law is no Law but sin muffl'd in the robe of Law, or Law disguis'd in the loose garment of sin. Both which are too foule Hypotheses to save the Phænomenon of our Saviours answer to the Pharises about this matter. And I trust anon by the help of an infallible guide to perfet such Prutenick tables as shall mend the Astronomy of our wide expositors.
The cause of divorce mention'd in the Law is translated some uncleannesse, but in the Hebrew it sounds nakednes of ought, or any real nakednes; which by all the learned interpreters is refer'd to the mind, as well as to the body. And what greater nakednes or unfitnes of mind then that which hinders ever the solace and peacefull society of the maried couple, and what hinders that more then the unfitnes and defectivenes of an unconjugal mind. The cause therfore of divorce expres't in the position cannot but agree with that describ'd in the best and equalest sense of Moses Law. Which being a matter of pure charity, is plainly moral, and more now in force then ever: therfore surely lawfull. For if under the Law such was Gods gracious indulgence, as not to suffer the ordinance of his goodnes and favour, through any error to be ser'd and stigmatiz'd upon his servants to their misery and thraldome, much lesse will he suffer it now under the covenant of grace, by abrogating his former grant of remedy and releef. But the first institution will be objected to have ordain'd mariage inseparable. To that a little patience untill this first part have amply discours't the grave and pious reasons of this divorsive Law; and then I doubt not but with one gentle stroking to wipe away ten thousand teares out of the life of man. Yet thus much I shall now insist on, that what ever the institution were, it could not be so enormous, nor so rebellious against both nature and reason as to exalt it selfe above the end and person for whom it was instituted.