VII. How he that puts away his Wife, cau

ses her to commit Adultery.

VIII. How he that Marries her that's put away, commits Adultery.

And when all these Particulars are explained, I shall close up the Discourse with suitable Directions, how fuch Divorces, and all Defires after them, may be prevented.

1. Let's enquire into the Nature of the Law of Mofes concerning these Divorcements. It bath been faid, faith our Saviour, Whosoever shall put away his Wife, let him give her a Writing of Divorcement. I doubt not, but the Scribes and Pharifees faid so, to justify their unlawful Divorcements; and what they said, it's like, was with refpect to this Law of Moses; our Saviour in all probability, speak it with respect to both. This Law concerning Divorcements, you have, Deut. xxiv. 1, 2. where we read, When a Man hath taken a Wife, and Married her, and it come to pass that she find no Favour in his Eyes, because he hath found some Uncleanness in her; then let him write her a Bill of Divorcement, and give it in her Hand, and send her out of his House; and when she is departed out of his House, she may go and be another Mans Wife. Concerning which Law, I observe these folJowing Particulars.

1. That Mofes did not, for the ease of his People, invent this Law of his own Head, which feems to have been the Opinion of Origen, and St. Ambrofe; for though the Pharisees, treating of this very point, asked our Great Master, Why did Mofes Command us to give a

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Writing of Divorcement, Matth. xix. 7. Yet fince all the Scripture of the Old Testament is of Divine Inspiration, 2 Tim. iii. 16. of which Old Testament this Law is part, it is evident that Mofes being the great Minister of God, by whom he deliver'd his Oracles, and faithful in all his House; did and could, and would deliver nothing, as a standing Law for the Jewish Church, but what God gave him order for, or as he was moved by the Holy Ghoft, as St. Peter faith of all the Writers of the Old Testament, 2 Pet. i. 21. And therefore whenever Mofes is Quoted in the New Teftament, the meaning is, God Speaking by Mofes, and consequently this Law is derived from God.

2. We need not wonder that God should give such a Law concerning Divorces, or make them in some cases Lawful; for as he is the Author of Matrimony, fo he might have enlarged the Bounds of it, if he had pleased. And therefore that he relaxed the Law and Constitution of it in the Cafes of Polygamy and Divorce to the Jewish People, can be no Difparagement to his Holiness. For fince it was in his Power to institute the State of Matrimony, no doubt he had alfo Power in certain Cases, and for certain Reasons, to dispense with the Strictness of it, this being none of the fixed and eternal Laws, which are in their own nature Immutable and Unchangable, but depended upon the Lawgiver's Will and Pleasure, not to mention that this was to teach all wife Governours to suit their Laws

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Laws as fas as they can do it with safety, to the Temper of their People.

3. The course of Divorce allow'd of in the Law, is said to be this, if the Wife find no favour in her Husbands Eyes, because he hath found Some Uncleanness in her; where, by Uncleanness cannot be meant Fornication and Adultery; for the Adulteress was to be stoned to Death, Deut. xxii. 22. compared with Job viii. Nay, if the Husband did upon good Grounds, but suspect his Wife guilty of Adultery, he had his remedy, by obliging her to drink the Waters of Jealousy, Numb. v. 27. And therefore by this Uncleanness some understand either the Leprosy, or the Vice of Drunkenness or Witchcraft, or a very quarrelsome Temper, or fome other incorrigible Vice; but the Words in the Original are ערותדבר which is as some great immodesty in Words or Actions; a Sin less than Adultery and Fornication; yet which (not stopt,) might lead to the greater Sins. And in this case God gave them leave to difmiss their Wives. But fuch was the vitious humor of that Nation, that in progress of time, sheltring themselves under this Command, they turned off their Wives for trivial Offences, and upon very flight Occasions; I would name some of them, but that they are too Ridiculous to be mention'd. And therefore the Pharisees, coming to our Saviour about this Question, ask him, Is it lawful for a Man to put away his Wife for every Cause? this was the common Practice, though the better and the wiser Men doubted of it.

4. What

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4. Whatever liberty this Law gave, the Divorcement was permitted rather than commanded, and the Words infer an Impunity rather than a Duty. A Jew was not bound to put away his Wife, by vertue of this Law; but was Connived at, if he did it, and secured against Punishment from the Magistrate. This Law did not hinder the Man from dwelling with his Wife, notwithstanding the Faults I have mentioned; but if he would not live with her, he was to give her a Writing of Divorce

ment.

5. This Writing of Divorcement was a formal Dismission of the Wife under the Hufband's Hand and Seal; or a full Discharge from the Husband's Power and Authority, and Jurisdiction and Obligation to provide for her, or to take care of her; and if we may believe the Jews, the Form of it was this.

" I such a One, the Son of such a One, such "a Day of the Week, such a Day of the "Month, fuch a Year after the Creation of "the World, in such a Place, or City or "Town, have freely, voluntarily, and with"out Compulsion dismissed, rejected, and re "pudiated-fuch a Person, the Danghter of "such a One, and have given a Bill of Di"vorcement into her Hand, and given her "Leave and Power, and accordingly she hath " leave to Marry with whom she thinks fit ac"cording to the Constitution of Mofes, and "the Children of Ifrael.

The reason of giving this Bill of Divorce

ment in St. Austin's Opinion, was

1. That in the Writing of this Bill, the

Husband's Anger might have time to cool, and he confider what a Rashness it was to put her away, and whether there was sufficient cause for this Severity.

2. That things might be done according to Law, and that he who had put away his Wife, might not afterward be able to demand her again.

3. That she might be empowered to Marry again; for which Power she had this Bill, or Certificate to shew; a Bill which declared that she was fully discharged from her former Husband.

So much I thought fit to observe concerning this Law of Moses.

But let's go on, and

II. Enquire, why our Saviour did forbid and abolish these Divorcements in the Jewish Sense. But I say unto you, that whosoever shall put away his Wife, &c.

The Reasons are these following.

1. These Divorces of the Jews were arbitrary, Effects of a brutish, lawless Will, meer actions of Revenge; and though Moses had given them leave to put away their Wives, for less Causes, than Fornication or Adultery, yet they were such Causes, as were arguments of great Turpitude and Scandal, and made the Man not only very uneasy, but prejudiced him in his lawful Calling, and reflected upon his Prudence and Reputation. But the Jews ventured to do it for any Cause whatsoever, and of that Cause, themselves would be Judges, and

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