The Doctrine and Discipline of Divorce/Bk2 Chapter 13

by John Milton

CHAP. XIII.

 

The ridiculous opinion, that divorce was permitted from the custom in Ægypt. That Moses gave not this Law unwillingly. Perkins confesses this Law was not abrogated.

 

OThers are so ridiculous as to allege that this licence of divorcing was giv'n them because they were so accustom'd in Egypt. As if an ill custom were to be kept to all posterity; for the dispensation is both universal and of time unlimited, and so indeed no dispensation at all; for the over-dated dispensation of a thing unlawfull, serves for nothing but to encrease hardnes of heart, and makes men but wax more incorrigible, which were a great reproach to be said of any Law or allowance that God should give us. In these opinions it would be more Religion to advise well, lest we make our selves juster then God, by censuring rashly that for sin which his unspotted Law without rebuke allows, and his people without being conscious of displeasing him have us'd. And if we can think so of Moses, as that the Jewish obstinacy could compell him to write such impure permissions against the rule of God and his own judgement, doubtles it was his part to have protested publickly what straits he was driv'n to, and to have declar'd his conscience when he gave any Law against his mind; for the Law is the touch-stone of sin and of conscience, and must not be intermixt with corrupt indulgences; for then it looses the greatest praise it has, of being certain, and infallible, not leading into error, as all the Jews were led by this connivance of Moses if it were a connivence. But still they fly back to the primitive institution, and would have us re-enter Paradise against the sword that guards it. Whom I again thus reply to, that the place in Genesis contains the description of a fit and perfect mariage, with an interdict of ever divorcing such a union; but where nature is discover'd to have never joyn'd indeed, but vehemently seeks to part, it cannot be there conceiv'd that God forbids it; nay he commands it both in the Law and in the Prophet Malachy, which is to be our rule. And Perkins upon this chap. of Matth. deals plainly, that our Saviour heer confutes not Moses Law, but the false glosses that deprav'd the Law; which being true, Perkins must needs grant, that somthing then is left to that law which Christ found no fault with; and what can that be but the conscionable use of such liberty as the plain words import? So that by his owne inference, Christ did not absolutely intend to restrain all divorces to the onely cause of adultery. This therefore is the true scope of our Saviours will, that he who looks upon the law concerning divorce, should look also back upon the first institution, that he may endeavour what is perfectest: and he that looks upon the institution should not refuse as sinfull and unlawfull those allowances which God affords him in his following Law, lest he make himselfe purer then his maker; and presuming above strength, slip into temptations irrecoverably. For this is wonderfull, that in all those decrees concerning mariage, God should never once mention the prime institution to disswade them from divorcing; and that he should forbid smaller sinnes as opposite to the hardnesse of their hearts, and let this adulterous matter of divorce pass ever unreprov'd.

This is also to bee marvell'd, that seeing Christ did not condemn whatever it was that Moses suffer'd, and that therupon the Christian Magistrate permits usury and open stews, and here with us adultery to bee so slightly punisht, which was punisht by death to these hard hearted Jewes, why wee should strain thus at the matter of divorce, which may stand so much with charity to permit, and make no scruple to allow usury esteem'd to be so much against charity. But this it is to embroile our selves against the righteous and all-wise Judgements and Statutes of God; which are not variable and contrarious, as we would make them, one while permitting and another while forbidding, but are most constant and most harmonious each to other. For how can the uncorrupt and majestick Law of God, bearing in her hand the wages of life and death, harbour such a repugnance within herselfe, as to require an unexempted and impartiall obedience to all her decrees, either from us or from our Mediator, and yet debase her selfe to faulter so many ages with circumcis'd adulteries by unclean and slubbering permissions.