# The Doctrine and Discipline of Divorce/Bk2 Chapter 8

CHAP. VIII.
WHAT may we doe then to salve this seeming inconsistence? I must not dissemble that I am confident it can be don no other way then this.
Moses Deut. 24.1. establisht a grave and prudent Law, full of moral equity, full of due consideration towards nature, that cannot be resisted; a Law consenting with the Laws of wisest men and civilest Nations. That when a man hath maried a wife, if it come to passe he cannot love her by reason of some displeasing natural quality or unfitnes in her, let him write her a bill of divorce. The intent of which Law undoubtedly was this, that if any good and peaceable man should discover some helples disagreement or dislike either of mind or body, wherby he could not cheerfully perform the duty of a husband without the perpetual dissembling of offence and disturbance to his spirit, rather then to live uncomfortably and unhappily both to himself and to his wife, rather then to continue undertaking a duty which he could not possibly discharge, he might dismisse her whom he could not tolerably and so not conscionably retain. And this law the Spirit of God by the mouth of Salomon, Pro. 30.21,23. testifies to be a good and a necessary Law; by granting it that a hated woman (for so the hebrew word signifies, rather then odious though it come all to one) that a hated woman when she is maried, is a thing that the earth cannot beare. What follows then but that the charitable Law must remedy what nature cannot undergoe. Now that many licentious and hard hearted men took hold of this Law to cloak their bad purposes, is nothing strange to beleeve. And these were they, not for whom Moses made the Law, God forbid, but whose hardnes of heart taking ill advantage by this Law he held it better to suffer as by accident, where it could not be detected, rather then good men ​should loose their just and lawfull priviledge of remedy: Christ therfore having to answer these tempting Pharises, according as his custom was, not meaning to inform their proud ignorance what Moses did in the true intent of the Law, which they had ill cited, suppressing the true cause for which Moses gave it, and extending it to every slight matter, tells them their own, what Moses was forc't to suffer by their abuse of his Law. Which is yet more plain if we mark that our Saviour in the fifth of Matth. cites not the Law of Moses but the Pharisaical tradition falsly grounded upon that law. And in those other places, Chap. 19. and Mark. 10. the Pharises cite the Law, but conceale the wise and human reason there exprest; which our Saviour corrects not in them, whose pride deserv'd not his instruction, only returns them what is proper to them; Moses for the hardnesse of your heart suffer'd you, that is, such as you to put away your wives; and to you he wrote this precept for that cause, which (to you) must be read with an impression, and understood limitedly of such as cover'd ill purposes under that Law: for it was seasonable that they should hear their own unbounded licence rebukt, but not seasonable for them to hear a good mans requisit liberty explain'd. But us he hath taught better, if we have eares to hear. He himselfe acknowledg'd it to be a Law, Mark 10. and being a law of God, it must have an undoubted end of charity, which may be us'd with a pure heart, a good conscience, and faith unfained, as was heard: it cannot allow sin, but is purposely to resist sin, as by the same chapter to Timothy appeares. There we learn also that the Law is good, if a man use it lawfully. Out of doubt then there must be a certain good in this Law which Moses willingly allow'd; and there might be an unlawfull use made therof by hypocrits; and that was it which Moses unwillingly suffer'd; foreseeing it in general, but not able to discern it in particulars. Christ therfore mentions not here what Moses and the Law intended: for good men might know that by many other rules: and the scornfull Pharises were not fit to be told, untill they could imploy that knowledge they had, lesse abusively. Only he acquaints them with what Moses by them was put to suffer.