# The Doctrine and Discipline of Divorce/Bk2 Chapter 12

CHAP. XII.
ANother while it shall suffice them, that it was not a moral but a judicial Law, & so was abrogated. Nay rather not abrogated, because judicial: which Law the ministery of Christ came not to deal with. And who put it in mans power to exempt, where Christ speaks in general of not abrogating the least jot or tittle, and in special not that of divorce, because it follows among those Laws; which he promis'd expresly not to abrogate, but to vindicate from abusive traditions: which is most evidently to be seen in the 16. of Luke, where this caution of not abrogating is inserted immediatly, and not otherwise then purposely, when no other point of the Law is toucht, but that of divorce. And if we mark the 31. vers of Mat. the 5. he there cites not the Law of Moses, but the licencious Glosse which traduc't the Law; that therfore which he cited, that he abrogated, and not only abrogated, but disallow'd and flatly condemn'd, which could not be the Law of Moses; for that had bin foulely to the rebuke of his great servant. To abrogate a Law made with Gods allowance, had bin to tell us only that such a Law was now to cease: but to refute it with an ignominious note of civilizing adultery, casts the reproof, which was meant only to the Pharises ev'n upon him who made the Law. But yet if that be judicial which belongs to a civil Court, this Law is lesse judicial then nine of the ten Commandements; for antiquaries affirm that divorces proceeded among the Jews without knowledge of the Magistrate, only with hands and seales under the testimony of some Rabbies to be then present. Perkins in a Treatise of Conscience grants, that what in the judicial Law is of common equity, binds also the Christian. And how to judge of this, prescribes 2. wayes. If wise Nations have enacted the like decree. Or if it maintain the good of family, Church, or Common-wealth. This therfore is a pure moral econimical Law, too hastily imputed of tolerating sin; being rather so clear in nature and reason, that it was left to a mans own arbitrement to be determin'd between God and his own conscience; not only among the Jews, but in every wise nation; the restraint wherof, who is not too thick sighted, may see how hurtfull and distractive it is to the house, the Church, and Common-wealth. And that power which Christ never took from the master of family, but rectify'd only to a right and wary use at home; that power the undiscerning ​Canonist hath improperly usurpt into his Court-leet, and bescribbl'd with a thousand trifling impertinencies, which yet have fill'd the life of man with serious trouble and calamity. Yet grant it were of old a judicial Law, it need not be the lesse moral for that, being conversant, as it is, about vertue or vice. And our Saviour disputes not heer the judicature, for that was not his office, but the morality of divorce, whether it be adultery or no; if therfore he touch the law of Moses at all, he touches the moral part therof; which is absurd to imagine that the cov'nant of grace should reform the exact and perfect law of works, eternal and immutable; or if he touch not the Law at all, then is not the allowance therof disallow'd to us.