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adulteries, needs not long inquiry: insomuch that the fears, which men have of too strict a discipline, perhaps exceed the hopes that can be in others, of ever introducing it with any great success. What if I should tell ye now of dispensations and indulgences, to give a little the reins, to let them play and nibble with the bait a while; a people as hard of heart as that Egyptian colony that went to Canaan. This is the common doctrine that adulterous and injurious divorces were not connived only, but with eye open allowed of old for hardness of heart. But that opinion, I trust, by then this following argument hath been well read, will be left for one of the mysteries of an indulgent Antichrist, to farm out incest by, and those his other tributary pollutions. What middle way can be taken then, may some interrupt, if we must neither turn to the right, nor to the left, and that the people hate to be reformed? Mark then, judges and lawgivers, and ye whose office it is to be our teachers, for I will utter now a doctrine, if ever any other, though neglected or not understood, yet of great and powerful importance to the governing of mankind. He who wisely would restrain the reasonable soul of man within due bounds, must first himself know perfectly, how far the territory and dominion extends of just and honest liberty. As little must he offer to bind that which God hath loosened, as to loosen that which he hath bound. The ignorance and mistake of this high point hath heaped up one huge half of all the misery that hath been since Adam. In the gospel we shall read a supercilious crew of masters, whose holiness, or rather whose evil eye, grieving that God should be so facile to man, was to set straiter limits to obedience, than God hath set, to enslave the dignity of man, to put a garrison upon his neck of empty and over-dignified precepts: and we shall read our Saviour never more grieved and troubled, than to meet with such a peevish madness among men against their own freedom. How can we expect him to be less offended with us, when much of the same folly shall be found yet remaining where it least ought, to the perishing of thousands? The greatest burden in the world is superstition, not only of ceremonies in the church, but of imaginary and scarecrow sins at home. What greater weakening, what more subtle stratagem against our Christian warfare, when besides the gross body of real transgressions to encounter, we shall be terrified by a vain and shadowy menacing of faults that are not When things indifferent shåll be set to overfront us under the banners of sin, what wonder if we be routed, and by this art of our adversary, fall into the subjection of worst and deadliest offences? The superstition of the papist is, "touch not, taste not," when God bids both; and ours is, "part not, separate not," when God and charity both permits and commands. "Let all your things be done with charity," saith St. Paul; and his master saith, "She is the fulfilling of the law." Yet now a civil, an indifferent, a sometime dissuaded law of marriage, must be forced upon us to fulfil, not only without charity but against her. No place in heaven or earth, except hell, where charity may not enter: yet marriage, the ordinance of our solace and contentment, the remedy of our loneliness, will not admit now either of charity or mercy, to come in and mediate, or pacify the fierceness of this gentle ordinance, the unremedied loneliness of this remedy. Advise ye well, supreme senate, if charity be thus excluded and expulsed, how ye will defend the untainted honour of your own actions and proceedings. He who marries, intends as little to conspire his own ruin, as he that swears allegiance and as a whole people is in proportion to an ill government, so is one man to an ill marriage. If they, against any authority, covenant, or statute, may by the sovereign edict of charity, save not only their lives but honest liberties from unworthy bondage, as well may he against any private

covenant, which he never entered to his mischief, redeem himself from un supportable disturbances to honest peace, and just contentment. And much the rather, for that to resist the highest magistrate though tyrannizing, God never gave us express allowance, only he gave us reason, charity, nature, and good example to bear us out; but in this economical misfortune thus to demean ourselves, besides the warrant of those four great directors, which doth as justly belong hither, we have an express law of God, and such a law, as whereof our Saviour with a solemn threat forbid the abrogating. For no effect of tyranny can sit more heavy on the commonwealth, than this household unhappiness on the family. And farewell all hope of true reformation in the state, while such an evil as this lies undiscerned or unregarded in the house: on the redress whereof depends not only the spiritful and orderly life of our own grown men, but the willing and careful education of our chidren. Let this therefore be now examined, this tenure and freehold of mankind, this native and domestic charter given us by a greater lord than that Saxon king the confessor. Let the statutes of God be turned over, be scanned anew, and considered not altogether by the narrow intellectuals of quotationists and common places, but (as was the ancient right of councils) by men of what liberal profession soever, of eminent spirit and breeding, joined with a diffuse and various knowledge of divine and human things; able to balance and define good and evil, right and wrong, throughout every state of life; able to show us the ways of the Lord straight and faithful as they are, not full of cranks and contradictions, and pitfalling dispenses, but with divine insight and benignity measured out to the proportion of each mind and spirit, each temper and disposition created so different each from other, and yet by the skill of wise conducting, all to become uniform in virtue. To expedite these knots, were worthy a learned and memorable synod; while our enemies expect to see the expectation of the church tired out with dependencies, and independencies, how they will compound, and in what calends. Doubt not, worthy senators! to vindicate the sacred honour and judgment of Moses your predecessor, from the shallow commenting of scholastics and canonists. Doubt not after him to reach out your steady hands to the misinformed and wearied life of man; to restore this his lost heritage, into the household state; wherewith be sure that peace and love, the best subsistence of a Christian family, will return home from whence they are now banished; places of prostitution will be less haunted, the neighbour's bed less attempted, the yoke of prudent` and manly discipline will be generally submitted to; sober and well ordered living will soon spring up in the commonwealth. Ye have an author great beyond exception, Moses; and one yet greater, he who hedged in from abolishing every smallest jot and tittle of precious equity contained in that law, with a more accurate and lasting Masoreth, than either the synagogue of Ezra or the Galilæan school at Tiberias hath left us. Whatever else ye can enact, will scarce concern a third part of the British name: but the benefit and good of this your magnanimous example, will easily spread far beyond the banks of Tweed and the Norman isles. It would not be the first or second time, since our ancient druids, by whom this island was the cathedral of philosophy to France, left off their pagan rites, that England hath had this honour vouchsafed from heaven, to give out reformation to the world. Who was it but our English Constantine that baptized the Roman empire? Who but the Northumbrian Willibrode, and Winifride of Devon, with their followers, were the first apostles of Germany? Who but Alcuin and Wickliff our countrymen opened the eyes of Europe, the one in arts, the other in religion? Let not England forget her precedence of teach ing nations how to live.

Know, worthies; and exercise the privilege of your honoured country. A greater title I here bring ye, than is either in the power or in the policy of Rome to give her monarchs; this glorious act will style ye the defenders of charity. Nor is this yet the highest inscription that will adorn so religious and so holy a defence as this: behold here the pure and sacred law of God, and his yet purer and more sacred name, offering themselves to you, first of all Christian reformers to be acquitted from the long-suffered ungodly attribute of patronizing adultery. Defer not to wipe off instantly these imputative blurs and stains cast by rude fancies upon the throne and beauty itself of inviolable holiness: lest some other people more devout and wise than we bereave us this offered immortal glory, our wonted prerogative, of being the first asserters in every great vindication. For me, as far as my part leads me, I have already my greatest gain, assu rance and inward satisfaction to have done in this nothing unworthy of an honest life, and studies well employed. With what event, among the wise and right understanding handful of men, I am secure. But how among the drove of custom and prejudiced this will be relished by such whose capacity, since their youth run ahead into the easy creek of a system or a medulla, sails there at will under the blown physiognomy of their unlaboured rudiments; for them, what their taste will be, I have also surety sufficient, from the entire league that hath ever been between formal ignorance and grave obstinacy. Yet when I remember the little that our Saviour could prevail about this doctrine of charity against the crabbed textuists of his time, I make no wonder, but rest confident, that whoso prefers either matrimony or other ordinance before the good of man and the plain exigence of charity, let him profess papist, or protestant, or what he will, he is no better than a Pharisee, and understands not the gospel: whom as a misinterpreter of Christ I openly protest against; and provoke him to the trial of this truth before all the world: and let him bethink him withal how he will sodder up the shifting flaws of his ungirt permissions, his venial and unvenial dispenses, wherewith the law of God pardoning and unpardoning hath been shamefully branded for want of heed in glossing, to have eluded and baffled out all faith and chastity from the marriagebed of that holy seed, with politic and judicial adulteries. I seek not to seduce the simple and illiterate: my errand is to find out the choicest and the learnedest, who have this high gift of wisdom to answer solidly, or to be convinced. I crave it from the piety, the learning, and the prudence which is housed in this place. It might perhaps more fitly have been written in another tongue and I had done so, but that the esteem I have of my country's judgment, and the love I bear to my native language to serve it first with what I endeavour, made me speak it thus, ere I assay the verdict of outlandish readers. And perhaps also here I might have ended nameless, but that the address of these lines chiefly to the parliament of England might have seemed ingrateful not to acknowledge by whose religious care, unwearied watchfulness, courageous and heroic resolutions, I enjoy the peace and studious leisure to remain,

The Honourer and Attendant of their noble Worth and Virtues,

JOHN MILTON

R 2

THE DOCTRINE AND DISCIPLINE

OF

DIVORCE;

RESTORED TO THE GOOD OF BOTH SEXES.

BOOK I.

THE PREFACE.

That man is the occasion of his own miseries in most of those evils which he imputes to God's inflicting. The absurdity of our canonists in their decrees about divorce. The Christian imperial laws framed with more equity. The opinion of Hugo Grotius and Paulus Fagius: And the purpose in general of this discourse.

MANY men, whether it be their fate or fond opinion, easily persuade themselves, if God would but be pleased a while to withdraw his just punishments from us, and to restrain what power either the devil or any earthly enemy hath to work us wo, that then man's nature would find immediate rest and releasement from all evils. But verily they who think so, if they be such as have a mind large enough to take into their thoughts a general survey of human things, would soon prove themselves in that opinion far deceived. For though it were granted us by divine indulgence to be exempt from all that can be harmful to us from without, yet the perverseness of our folly is so bent, that we should never lin hammering out of our own hearts, as it were out of a flint, the seeds and sparkles of new misery to ourselves, till all were in a blaze again. And no marvel if out of our own hearts, for they are evil; but even out of those things which God meant us, either for a principal good, or a pure contentment, we are still hatching and contriving upon ourselves matter of continual sorrow and perplexity. What greater good to man than that revealed rule, whereby God vouchsafes to show us how he would be worshipped? And yet that not rightly understood became the cause, that once a famous man in Israel could not but oblige his conscience to be the sacrificer; or if not, the jailer of his innocent and only daughter: and was the cause ofttimes that armies of valiant men have given up their throats to a heathenish enemy on the sabbath day; fondly thinking their defensive resistance to be as then a work unlawful. What thing more instituted to the solace and delight of man than marriage? And yet the misinterpreting of some scripture, directed mainly against the abusers of the law for divorce given by Moses, hath changed the blessing of matrimony not seldom into a familiar and coinhabiting mischief; at least into a drooping and disconsolate household captivity, without refuge or redemption. So ungoverned and so wild a race doth superstition run us, from one extreme of abused liberty into the other of unmerciful restraint. For although God in the first ordaining of marriage taught us to what end he did it, in words expressly implying the apt and cheerful conversation of man with woman, to comfort and refresh him

against the evil of solitary life, not mentioning the purpose of generation till afterwards, as being but a secondary end in dignity, though not in necessity: yet now, if any two be but once handed in the church, and have tasted in any sort the nuptial bed, let them find themselves never so mistaken in their dispositions through any error, concealment, or misadventure, that through their different tempers, thoughts, and constitutions, they can neither be to one another a remedy against loneliness, nor live in any union or contentment all their days; yet they shall, so they be but found suitably weaponed to the least possibility of sensual enjoyment, be made, spite of ntipathy, to fadge together, and combine as they may to their unspeakable wearisomeness, and despair of all sociable delight in the ordinance which God established to that very end. What a calamity is this, and as the wise man, if he were alive, would sigh out in his own phrase, what a "sore evil is this under the sun!" All which we can refer justly to no other author than the canon law and her adherents, not consulting with charity, the interpreter and guide of our faith, but resting in the mere element of the text; doubtless by the policy of the devil to make that gracious ordinance become unsupportable, that what with men not daring to venture upon wedlock, and what with men wearied out of it, all inordinate license might abound. It was for many ages that marriage lay in disgrace with most of the ancient doctors, as a work of the flesh, almost a defilement, wholly denied to priests, and the second time dissuaded to all, as he that reads Tertullian or Jerom may see at large. Afterwards it was thought so sacramental, that no adultery or desertion could dissolve it; and this is the sense of our canon courts in England to this day, but in no other reformed church else: yet there remains in them also a burden on it as heavy as the other two were disgraceful or superstitious, and of as much iniquity, crossing a law not only written by Moses, but charactered in us by nature, of more antiquity and deeper ground than marriage itself; which law is to force nothing against the faultless proprieties of nature, yet that this may be colourably done, our Saviour's words touching divorce are as it were congealed into a stony rigour, inconsistent both with his doctrine and his office; and that which he preached only to the conscience is by canonical tyranny snatched into the compulsive censure of a judicial court; where laws are imposed even against the venerable and secret power of nature's impres sion, to love, whatever cause be found to loath: which is a heinous barbarism both against the honour of marriage, the dignity of man and his soul, the goodness of Christianity, and all the human respects of civility. Notwithstanding that some the wisest and gravest among the Christian emperors, who had about them, to consult with, those of the fathers then living, who for their learning and holiness of life are still with us in great renown, have made their statutes and edicts concerning this debate far more easy and relenting in many necessary cases, wherein the canon is inflexible. And Hugo Grotius, a man of these times, one of the best learned, seems not obscurely to adhere in his persuasion to the equity of those imperial decrees, in his notes upon the Evangelist; much allaying the outward roughness of the text, which hath for the most part been too immoderately expounded; and excites the diligence of others to inquire further into this question, as containing many points that have not yet been explained. Which ever likely to remain intricate and hopeless upon the suppositions commonly stuck to, the authority of Paulus Fagius, one so learned and so eminent in England once, if it might persuade, would straight acquaint us with a solution of these differences no less prudent than compendious. He, in his comment on the Pentateuch, doubted not to maintain that divorces

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