# The Doctrine and Discipline of Divorce/Bk2 Chapter 22

CHAP. XXII.
THerfore the last reason why it should not be, is the example we have, not only from the noblest and wisest Common-wealths, guided by the clearest light of human knowledge, but also from the divine testimonies of God himself, lawgiving in person to a sanctify'd people. That all this is true, who so desires to know at large with least pains, and expects not heer overlong rehersals of that which is by others already so judiciously gather'd, let him hast'n to be acquainted with that noble volume written by our learned Selden, Of the law of nature & of Nations, a work more useful and more worthy to be perus'd, whosoever studies to be a great man in wisdom, equity, and justice, then all those decretals, and sumles sums, which the ​Pontificial Clerks have doted on, ever since that unfortunat mother famously sinn'd thrice, and dy'd impenitent of her bringing into the world those two misbegott'n infants, & for ever infants Lombard & Gratian, him the compiler of Canon iniquity, tother the Tubalcain of scholastick Sophistry, whose overspreading barbarism hath not only infus'd their own bastardy upon the fruitfullest part of human learning; not only dissipated and dejected the clear light of nature in us, & of nations but hath tainted also the fountains of divine doctrine, & render'd the pure and solid Law of God unbeneficial to us by their calumnious dunceries. Yet this Law which their unskilfulnesse hath made liable to all ignominy, the purity and wisdom of this Law shall be the buckler of our dispute. Liberty of divorce we claim not, we think not but from this Law; the dignity, the faith, the authority therof is now grown among Christians, O astonishment! a labour of no mean difficulty and envy to defend. That it should not be counted a faltring dispence; a flattring permission of sin, the bil of adultery, a snare, is the expence of all this apology. And all that we solicite is, that it may be render'd to stand in the place where God set it amidst the firmament of his holy Laws to shine, as it was wont, upon the weaknesses and errors of men perishing els in the sincerity of their honest purposes: for certain there is no memory of whordoms and adulteries left among us now, when this warranted freedom of Gods own giving is made dangerous and discarded for a scrowle of licence. It must be your suffrages and Votes, O English men, that this exploded decree of God and Moses may scape, and come off fair without the censure of a shamefull abrogating: which, if yonder Sun ride sure, and mean not to break word with us to morrow, was never yet abrogated by our Saviour. Give sentence, if you please, that the frivolous Canon may reverse the infallible judgement of Moses and his great director. Or if it be the reformed writers, whose doctrine perswades this rather, their reasons I dare affirm are all silenc't, unlesse it be only this. Paræus on the Corinthians would prove that hardnes of heart in divorce is no more now to be permitted, but to be amerc't with fine and imprisonment. I am not willing to discover the forgettings of reverend men, yet here I must. What article or clause of the whole new Cov'nant can Paræus bring to exasperat the judicial Law, upon any infirmity under the Gospel? (I say infirmity, for if it were the high hand of sin, the Law as little would have endur'd it as the Gospel) it would not stretch to the dividing of an inheritance; it refus'd to condemn adultery, not that these things should not be ​don at Law, but to shew that the Gospel hath not the least influence upon judicial Courts, much lesse to make them sharper, and more heavy; lest of all to arraine before a temporal Judge that which the Law without summons acquitted. But saith he, the law was the time of youth, under violent affections, the Gospel in us is mature age, and ought to subdue affections. True, and so ought the Law too, if they be found inordinat, and not meerly natural and blameles. Next I distinguish that the time of the Law is compar'd to youth, and pupillage in respect of the ceremonial part, which led the Jewes as children through corporal and garish rudiments, untill the fulnes of time should reveal to them the higher lessons of faith and redemption. This is not meant of the moral part, therin it soberly concern'd them not to be babies, but to be men in good earnest: the sad and awfull majesty of that Law was not to be jested with; to bring a bearded nonage with lascivious dispensations before that throne, had bin a leud affront, as it is now a grosse mistake. But what discipline is this Paræus to nourish violent affections in youth, by cockring and wanton indulgences, and to chastise them in mature age with a boyish rod of correction. How much more coherent is it to Scripture, that the Law as a strict Schoolmaster should have punisht every trespasse without indulgence so banefull to youth, and that the Gospel should now correct that by admonition and reproof only, in free and mature age, which was punisht with stripes in the childhood and bondage of the Law. What therfore it allow'd then so fairly, much lesse is to be whipt now, especially in penal Courts: and if it ought now to trouble the conscience, why did that angry accuser and condemner Law repreev it? So then, neither from Moses nor from Christ hath the Magistrate any authority to proceed against it. But what? Shall then the disposal of that power return again to the maister of family? Wherfore not? Since God there put it, and the presumptuous Canon thence bereft it. This only must be provided, that the ancient manner be observ'd in the presence of the Minister and other grave selected Elders; who after they shall have admonisht and prest upon him the words of our Saviour, and he shall have protested in the faith of the eternal Gospel, and the hope he has of happy resurrection, that otherwise then thus he cannot doe, and thinks himself, and this his case not contain'd in that prohibition of divorce which Christ pronounc't, the matter not being of malice, but of nature, and so not capable of reconciling, to constrain him furder were to unchristen him, to unman him, to throw the ​mountain of Sinai upon him, with the weight of the whole Law to boot, flat against the liberty and essence of the Gospel, and yet nothing available either to the sanctity of mariage, the good of husband, wife, or children, nothing profitable either to Church or Common-wealth, but hurtfull and pernicious to all these respects. But this will bring in confusion. Yet these cautious mistrusters might consider, that what they thus object, lights not upon this book, but upon that which I engage against them, the book of God, and of Moses, with all the wisdome and providence which had forecast the worst of confusion that could succeed, and yet thought fit of such a permission. But let them be of good cheer, it wrought so little disorder among the Jews, that from Moses till after the captivity, not one of the Prophets thought it worth rebuking; for that of Malachy well lookt into, will appeare to be, not against divorcing, but rather against keeping strange Concubines, to the vexation of their Hebrew wives. If therefore we Christians may be thought as good and tractable as the Jews were, and certainly the prohibiters of divorce presume us to be better, then lesse confusion is to bee fear'd for this among us, then was among them. If wee bee worse, or but as bad, which lamentable examples confirm we are, then have we more, or at least as much need of this permitted law, as they to whom God therfore gave it (as they say) under a harsher covnant. Let not therfore the frailty of man goe on thus inventing needlesse troubles to it self, to groan under the fals imagination of a strictnes never impos'd from above; enjoyning that for duty which is an impossible & vain supererogating. Be not righteous overmuch, is the counsell of Ecclesiastes, why shouldst thou destroy thy selfe? Let us not be thus over-curious to strain at atoms, and yet to stop every vent and cranny of permissive liberty; lest nature wanting those needful pores, and breathing places which God hath not debar'd our weaknesse, either suddenly break out into some wide rupture of open vice, and frantick heresie, or else inwardly fester with repining and blasphemous thoughts, under an unreasonable and fruitlesse rigor of unwarranted law. Against which evills nothing can more beseem the religion of the Church, or the wisedom of the State, then to consider timely and provide. And in so doing let them not doubt but they shall vindicate the misreputed honour of God and his great Lawgiver, by suffering him to give his own laws according to the condition of mans nature best known to him, without the unsufferable imputation of dispencing legally with many ages of ratify'd ​adultery. They shall recover the misattended words of Christ to the sincerity of their true sense from manifold contradictions, and shall open them with the key of charity. Many helples Christians they shall raise from the depth of sadnes and distresse, utterly unfitted, as they are, to serve God or man: many they shall reclaime from obscure and giddy sects, many regain from dissolute and brutish licence, many from desperate hardnes, if ever that were justly pleaded. They shall set free many daughters of Israel, not wanting much of her sad plight whom Satan had bound eighteen years. Man they shall restore to his just dignity, and prerogative in nature, preferring the souls free peace before the promiscuous draining of a carnall rage. Mariage from a perilous hazard and snare, they shall reduce to bee a more certain hav'n and retirement of happy society; when they shall judge according to God and Moses, and how not then according to Christ? when they shall judge it more wisdom and goodnes to break that covnant seemingly and keep it really, then by compulsion of law to keep it seemingly, and by compulsion of blameles nature to break it really, at least if it were ever truly joyn'd. The vigor of discipline they may then turn with better successe upon the prostitute loosenes of the times, when men finding in themselves the infirmities of former ages, shall not be constrain'd above the gift of God in them, to unprofitable and impossible observances, never requir'd from the civilest, the wisest, the holiest Nations, whose other excellencies in morall vertue they never yet could equall. Last of all, to those whose mind still is to maintain textuall restrictions, wherof the bare sound cannot consist somtimes with humanity, much lesse with charity, I would ever answer by putting them in remembrance of a command above all commands, which they seem to have forgot, and who spake it; in comparison wherof, this which they so exalt, is but a petty and subordinate precept. Let them goe therfore with whom I am loath to couple them, yet they will needs run into the same blindnes with the Pharises, let them goe therfore and consider well what this lesson means, I will have mercy and not sacrifice; for on that saying all the Law and Prophets depend, much more the Gospel whose end and excellence is mercy and peace: Or if they cannot learn that, how will they hear this, which yet I shall not doubt to leave with them as a conclusion: That God the Son hath put all other things under his own feet; but his Commandments hee hath left all under the feet of Charity.The end.