The Doctrine and Discipline of Divorce/Bk2 Chapter 1
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THE SECOND BOOK.
CHAP. I.
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Itherto the Position undertaken hath bin declar'd, and prov'd by a Law of God, that Law prov'd to be moral, and unabolishable for many reasons equal, honest, charitable, just, annext therto. It follows now that those places of Scripture which have a seeming to revoke the prudence of Moses, or rather that mercifull decree of God, be forthwith explain'd and reconcil'd. For what are all these reasonings worth, will some reply, whenas the words of Christ are plainly against all divorce, except in case of fornication. To whom he whose minde were to answer no more but this, except also in case of charity, might safely appeal to the more plain words of Christ in defence of so excepting. Thou shalt doe no manner of worke saith the commandment of the Sabbath. Yes saith Christ works of charity. And shall we be more severe in paraphrasing the considerat and tender Gospel, then he was in expounding the rigid and peremptory Law? What was ever in all appearance lesse made for man, and more for God alone then the Sabbath? yet when the good of man comes into the scales, we hear that voice of infinite goodnesse and benignity that Sabbath was made for man, not man for Sabbath. What thing ever was more made for Man alone and lesse for God then mariage? And shall we load it with a cruel and senceles bondage utterly against both the good of man and the glory of God? Let who so will now listen, I want neither pall nor mitre, I stay neither for ordination nor[errata 1] induction, but in the firm faith of a knowing Christian, which is the best and truest endowment of the keyes, I pronounce, the man who shall bind so cruelly a good and gracious ordinance of God, hath not in that the Spirit of Christ. Yet that every text of Scripture seeming opposite may be attended with a due exposition, this other part ensues, and makes account to find no slender arguments for this assertion out of those very Scriptures, which are commonly urg'd against it.
First therfore let us remember as a thing not to be deny'd, that all places of Scripture wherin just reason of doubt arises from the letter, are to be expounded by considering upon what occasion every thing is set down: and by comparing other Texts. The occasion which induc't our Saviour to speak of divorce, was either to convince the extravagance of the Pharises in that point, or to give a sharp and vehement answer to a tempting question. And in such cases that we are not to repose all upon the literall terms of so many words, many instances will teach us: Wherin we may plainly discover how Christ meant not to be tak'n word for word, but like a wise Physician, administring one excesse against another to reduce us to a perfect mean: Where the Pharises were strict, there Christ seems remisse; where they were too remisse, he saw it needfull to seem most severe: in one place he censures an unchast look to be adultery already committed: another time he passes over actuall adultery with lesse reproof then for an unchast look; not so heavily condemning secret weaknes, as open malice: So heer he may be justly thought to have giv'n this rigid sentence against divorce, not to cut off all remedy from a good man who finds himself consuming away in a disconsolate and uninjoy'd matrimony, but to lay a bridle upon the bold abuses of those over-weening Rabbies; which he could not more effectually doe, then by a countersway of restraint curbing their wild exorbitance almost into the other extreme; as when we bow things the contrary way, to make them come to their naturall straitnesse. And that this was the only intention of Christ is most evident; if we attend but to his own words and protestation made in the same Sermon, not many verses before he treats of divorcing, that he came not to abrogate from the Law one jot or tittle, and denounces against them that shall so teach.
But S. Luke, the verse immediatly before going that of divorce inserts the same caveat, as if the latter could not be understood without the former; and as a witnesse to produce against this our wilfull mistake of abrogating, which must needs confirm us that what ever els in the political law of more special relation to the Jews might cease to us, yet that of those precepts concerning divorce, not one of them was repeal'd by the doctrine of Christ, unlesse we have vow'd not to beleeve his own cautious and immediat profession; for if these our Saviours words inveigh against all divorce, and condemn it as adultery, except it be for adultery, and be not rather understood against the abuse of those divorces permitted in the Law, then is that Law of Moses, Deut. 24.1. not onely repeal'd and wholly annull'd against the promise of Christ and his known profession, not to meddle in matters Judicial, but that which is more strange, the very substance and purpose of that Law is contradicted and convinc't both of injustice and impurity, as having authoriz'd and maintain'd legall adultery by statute. Moses also cannot scape to be guilty of unequall and unwise decrees, punishing one act of secret adultery by death, and permitting a whole life of open adultery by Law. And albeit Lawyers write that some politicall edicts, though not approv'd, are yet allow'd to the scum of the people and the necessity of the times; these excuses have but a weak pulse: for first, we read, not that the scoundrel people, but the choicest, the wisest, the holiest of that nation have frequently us'd these lawes, or such as these in the best and holiest times. Secondly, be it yeelded, that in matters not very bad or impure, a human law giver may slacken something of that which is exactly good, to the disposition of the people and the times: but if the perfect, the pure, the righteous law of God, for so are all his statutes and his judgements, be found to have allow'd smoothly without any certain reprehension, that which Christ afterward declares to be adultery, how can we free this Law from the horrible endightment of being both impure, unjust, and fallacious.
Errata