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above his own genuine.baseness; and gives sentence that bis confuting hath been employed about a frothy, immeritous, and undeserving discourse. Who could have believed fo much infolence durft vent itself from out the hide of a varlet, as thus to cenfure that which men of mature judgment have applauded to be writ from good reason? But this contents him not, he falls now to rave in his barbarous abusiveness; and why? a reason befitting fuch an antificer, because he faith the book is contrary to all human learning ; whenas the world knows, that all both human and divine learning, till the canon law, allowed divorce by consent, and for many causes without consent. Next, he dooms it as contrary to truth; whenas it hath been disputable among learned men, ever fince it was prohibited and is by Peter Martyr thought an opinion not impious, but hard to be refuted ; and by Erafmus deemed a doctrine so charitable and pious, as, if it cannot be used, were to be wished it could; but is by Martin Bucer; a man of dearest and most religious mes mory in the church, taught and maintained to be either moft lawfully used, or moft lawfully permitted. And for this, for I affirm no more than Bucer, what cenfure do you think, readers, he hath condemned the book to ? To a death no less impious than to be burnt by the hang man. Mr. Licenfer, (for I deal not now with this caitiff, never worth my earneft, and now not feasonable for my jest,) you are reputed a man discreet enough, religious enough, honeft enough, that is, to an ordinary competence in all thefe. But now your turn is, to hear what your own hand hath earned ýe ; that when you fuffered this nameless hangman to caft into public fuch a despiteful contumely upon a name and person deserving of the church and ftate equally to yourfelf; and one who hath done more to the present advancement of your own tribe, than you or many of them have done for themSelves; you forgot to be either honeft, religious, or difcreet. Whatever the state might do concerning' it, fuppofed a matter to expect evil from, I should not doubt to meet among them with wise, and honourable, and knowing men : but as to this brute libel, fo much the more

impudent impudent and lawless for the abused authority which it: bears; I say again, that I abominate the censure of rascals and their licenfers.

With difficulty I return to what remains of this ig. noble task, for the disdain I have to change a period more with the filth and venom of this gourmand, swelled into a confuter; yet for the satisfaction of others. I endure all this.

Against the seventh argument, that if the canon law: and divines allow divorce for conspiracy of death, they may as well allow it to avoid the same consequence from the likelihood of natural causes.

First, he denies that the canon so decrees.

I answer, that it decrees for danger of life, as much as for adultery, Decret. Gregor. l. 4. tit. 19, and in other places: and the best civilians, who cite the canon law, so collect, as Schneidewin in Inftit. tit. 10, p.4, de Divort. And indeed, who would have denied it, but one of a reprobate ignorance in all he meddles with?

Secondly, he faith the case alters; for there the offender, “who seeks the life, doth implicitly at least act a divorce."

And I answer, that here nature, though no offender, doth the same. But if an offender, by acting a divorce, shall release the offended, this is an ample grant against himself. He faith, nature teaches to save life from one who seeks it. And I say, the teaches no less to save it from any other cause that endangers it. He faith, that here they are both actors. Admit they were, it would not be uncharitable to part them; yet sometimes they are not both actors, but the one of them moft lamentedly passive. So he concludes, we must not take advantage of our own faults and corruptions to release us from our duties. But shall we take no advantage to save ourselves. from the faults of another, who hath annulled his right - to our duty? No, says he, “let them die of the fullens, and try who will pity them.” Barbarian, the shame of all honest attorneys! why do they not hoife him over the bar and blanket him? Against the eighth argument, that they who are defti


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tute of all marriageable gifts, except a body not plainly unfit, have not the calling to marry, and consequently married and so found, may be divorced: this, he faith, is nothing to the purpose, and not fit to be answered. I leave it therefore to the judgment of his masters.

Against the ninth argument, that marriage is a human fociety, and so chiefly seated in agreement and unity of mind: if therefore the mind cannot have that due society by marriage, that it may reasonably and humanly defire, it can be no human society, and so not without reason divorcible: here he falsifies, and turns what the position required of a reasonable agreement in the main matters of society into an agreement in all things, which makes the opinion not mine, and so he leaves it. · At last, and in good hour, we are come to his farewell, which is to be a concluding taste of his jabberment in law, the flashieft and the fuftieft that ever corrupted in such an unswilled hogthead.

Againii my tenth argument, as he calls it, but as I intended it, my other position, “ That divorce is not a thing determinable by a compulsive law, for that all law is for some good that may be frequently attained without the admixture of a worse inconvenience: but the law forbidding divorce never attains to any good end of such prohibition, but rather multiplies evil; therefore the prohibition of divorce is no good law.” Now for his attorney's prize: but first, like a right cunning and sturdy logician, he denies my argument, not mattering whether in the major or minor: and faith, “there are many laws made for good, and yet that good is not attained, through the defaults of the party, but a greater inconvenience follows.”

But I reply, that this answer builds upon a shallow foundation, and most unjustly supposes every one in default, who seeks divorce from the most injurious wedlock. The default therefore will be found in the law itfelf; which is neither able to punillı the offender, but the innocent must withal suffer; nor can right the innocent in what is chiefly fought, the obtainment of love or quietness. His instances out of the common law are all


fo quite beside the matter which he would prove, as may be a warning to all clients how they venture their bufiness with such a cockbrained folicitor. For being to thow fome law of England, attaining to no good end, and yet through no default of the party, who is thereby debarred all remedy, he shows us only how some do lose the benefit of good laws through their own default. His first eximple faith, “it is a juft law that everyone shall peaceably enjoy his estate in lands or otherwise.” Does this law attain to no good end? The bar will blush at this moft incogitant woodcock. But see if a draught of Littleton will recover him to his fenfes. “If this man, having fee fimple in his lands, yet will take a lease of his own lands from another, this shall be an eftopple to him in an affizë from the recovering of his own land.”

Mark now and regifter him! How many are there of ten thousand who have such a fee fimple in their fconce, as to take a lease of their own lands from another ? So that this inconvenience lights upon fcarce one in an age, and by his own default; and the law of enjoying each man his own is good to all others. But on the contrary, this prohibition of divorce is good to none, and brings inconvenience to numbers, who lie under intolerable grievances without their own default, through the wickedness or folly of another; and all this iniquity the law remedies not, but in a manner maintains. His other cafes are directly to the fame purpose, and might have been spared, but that he is a tradesman of the law, and must be borne with at his first setting up, to lay forth his beft ware, which is only gibberith.

I have now done that, which for many caufes I might have thought could not likely have been my fortune, to be put to this underwork of scouring and untubbifhing the low and fordid ignorance of such a presumptuous lozel. Yet Hercules had the labour once impofed upon him to carry dung out of the Augean ftable. At any hand I would be rid of him: for I had rather, fince the life of man is likened to a scene, that all my entrance's and exits might mix with such persons only, whofe worth erects them and their actions to a grave and tragic

deportment, déportment, and not to hąve to do with clowns and vices. But if a man cannot peaceably walk into the world, but muft be infested; fometimes at his face with dorrs and horseflies, sometimes beneath with bawling whippets and thin barkers, and these to be set on by plot and consulta tion with a junto of clergymen and licensers, commended alfa and rejoiced in by those whose partiality cannot yet forgo old papiftical principles; have I not cause to be in such a manner defenfive, as may procure me freedom to pafs' more unmolested hereafter by those encumbrances, not fo much regarded for themselves, as for those who incite them ? And what defence can properly be used in fuch a despicable encounter as this, but either the lap or the spurn? If they can afford me none but a ridiculous adversary, the blame belongs not to me, though the whole dispute be ftrewed and scattered with ridiculous. And if he have such an ambition to know no better who are his mates, but among those needy thoughts, which, though his two faculties of serving-man and folicitor should compound into one mongrel, would be but thin and meagre, if in this penury of soul he can be poflible to have the lustiness to think of fame, let him but send me how he calls himself, and I may chance not fail to indorse him on the backside of posterity, not a golden, but a brazen ass. Since my fate extorts from me a talent of sport, which I had thought to hide in a napkin, he shall be my Batrachomuomachia, my Bavius, my Calandrino, the common adagy of ignorance and overweening: nay, perhaps, as the provocation may be, I may be driven to curl up this gliding prose into a rough fotadic, that shall rhyme him into such a condition, as instead of judging good books to be burnt by the executioner, he shall be readier to be his own hangman. Thus much to this nuisance.

But as for the subject itfelf, which I have writ and now defend, according as the opposition bears; if any man equal to the matter shall think it appertains him to take in hand this controversy, either excepting againft aught written, or persuaded he can show better how this

queftion, of such moment to be throughly known, may receive a true determination, not leaning on the old and



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