John Milton

“ But if an offender by acting a divorce, shall release the offended, this is an ample grant against himself. Hee saith, nature teacheth to save life from one who seeks it. And I say she teaches no less to save it from any other cause that endangers it, Hee saith, that heer they are both actors. Admit they were, it would not be uncharitable to part them; yet somtimes they are not both actors, but the one of them most lamentedly passive. So hee concludes, Wee must not take advantage of our own faults and corruptions to release us from our duties. ”

“ When as one above others who hath suffer'd much and long in the defence of Truth, shall after all this, give her cause to leav him so destitute and so vacant of her defence, as to yeild his mouth to bee the common road of Truth and Falshood, and such falshood as is joyn'd with the rash and heedles calumny of his neighbour. For what book hath hee ever met with, as his complaint is, Printed in the City, maintaining either in the title, or in the whole persuance, Divorce at pleasure? ”

“ Wheras hee taxes me of adding to the Scripture in that I said, Love only is the fulfilling of every Commandment, I cited no particular Scripture, but spake a general sense, which might bee collected from many places. For seeing love includes Faith, what is ther that can fulfill every Commandment but only love? And I meant, as any intelligent Reader might apprehend, every positive and civil commandment, wherof Christ hath taught us that man is the Lord. ”

“ If diversity in Religion, which breeds a greater dislike then any natural disagreement may not cause a divorce, then may not the lesser disagreement: but diversity of Religion may not; Ergo.
Answer, First, I deny in the major, that diversity of Religion, breeds a greater dislike to mariage duties, then natural disagreement. For between Israelite, or Christian and Infidel more often hath bin seen too much love: but between them who perpetually clash in natural contrarieties, it is repugnant that ther should bee ever any maried love or concord. ”

“ For besides adultery, hee excepts other causes which dissolv the union of beeing one flesh, either directly, or by consequence. If only adultery bee excepted by our Saviour, and hee voluntarily can adde other exceptions that dissolv that union both directly and by consequence, these Words of Christ, the main obstacle of divorce, are open to us by his own invitation to include what ever causes dissolv that union of flesh, either directly or by consequence. Which, till hee name other causes more likely, I affirm to bee don soonest by unfitness and contrariety of minde. ”

“ I Answer, if hee love his wife as himself, hee must love her so farre as hee may preserv himself to her in a cherfull and comfortable manner, and not so as to ruin himself by anguish and sorrow, without any benefit to her. Next, if the husband must love his wife as himself, shee must bee understood a wife in som reasonable measure, willing, and sufficient to perform the cheif duties of her Covnant, els by the hold of this Argument, it would bee his great sin to divorce either for adultery, or desertion. ”

“ When as the World knows that all, both human and divine lerning, till the Canon Law, allow'd divorce by consent, and for many causes without consent. Next, he dooms it, as contrary to Truth; when as it hath bin disputable among lerned men, ever since it was prohibited: and is by Peter Martyr thought an opinion not impious, but hard to bee refuted; and by Erasmus deem'd a Doctrin so charitable and pious, as, if it cannot bee us'd, were to be wisht it could ”

“ How much more vain, and ridiculous would it bee, by altering and rooting up the grounds of nature, which is most likely to produce death or madnes, to hope the reducing of a minde to this or that fitnes, or two disagreeing mindes to a mutual sympathy. Suppose they might, and that with great danger of thir lives and right senses, alter one temperature, how can they know that the succeeding disposition will not bee as farre from fitnes and agreement? ”

“ Somtimes the fault is plainly not his who seeks Divorce: Somtimes it cannot be discern'd whose fault it is: and therfore cannot in reason or equity be the matter of an absolute prohibition.
His other instance declares, what a right handicrafts man hee is of petty cases, and how unfitt to be ought els at highest, but a hacney of the Law. I change houses with a man; it is suppos'd I doe it for my own ends; I attain them not in this house; I shall not therfore goe from my bargain. How without fear might the young Charinus in Andria now cry out, what likenes can bee heer to a Mariage? ”

“ Tis true, that to divorce upon extreme necessity, when through the perversnes, or the apparent unfitnes of either, the continuance can bee to both no good at all, but an intolerable injury and temptation to the wronged and the defrauded, to divorce then, there is a book that writes it lawfull. And that this Law is a pure and wholsom national Law, not to be with-held from good men, because others likely anough may abuse it to thir pleasure, can not bee charg'd upon that book, but must bee enterd a bold and impious accusation against God himself ”

“ Somwhat lower hee confesses, that the Civill Law allows many reasons of divorce, but the Cannon Law decrees otherwise. A fair credit to his Cause; and I amaze me, though the fancy of this doult bee as obtuse and sad as any mallet, how the Licencer could sleep out all this, and suffer him to uphold his opinion by Canons, & Gregorical decretals, a Law which not only his adversary, but the whole reformation of this Church and state hath branded and rejected. ”

“ I stood a while and wonder'd, what wee might doe to a mans heart, or what anatomie use, to finde in it sincerity; for all our wonted marks every day fail us, and where wee thought it was, wee see it is not, for alter and change residence it cannot sure. And yet I see no good of body or of minde secure to a man for all his past labours without perpetual watchfulnes and perseverance. ”

“ For if the husband must bee as Christ to the Wife, then must the wife bee as the Church to her husband. If ther bee a perpetual contrariety of minde in the Church toward Christ, Christ himselfe threat'ns to divorce such a Spouse, and hath often don it. ”

“ Excommunication is not taught when, and for what to bee, but left to the Church. How could the Licencer let pass this childish ignorance and call it good. Next, in matter of death, the Laws of England, wherof you have intruded to bee an opiniastrous Sub advocate, and are bound to defend them, conceave it not enjoyn'd in Scripture, when or for what cause they shall put to death, as in adultery, theft, and the like; your minor also is fals, for the Scripture plainly sets down for what measure of disagreement a man may divorce, Deut. ”

“ But if hee take all discontents on this side adultery, to bee common, that is to say, not difficult to endure, and to affect only unstaid mindes, it might administer just cause, to think him the unfittest man that could bee, to offer at a comment upon Job; as seeming by this to have no more true sense of a good man in his afflictions, then those Edomitish Freinds had, of whom Job complains, and against whom God testifies his anger. Shall a man of your own coat, who hath espous'd his flock ”

“ Against the ninth Argument, that mariage is a human society, and so cheifly seated in agreement and unity of minde: If therfore the minde cannot have that due society by mariage, that it may reasonably and humanly desire, it can bee no human society, and so not without reason divorcible: heer he falsifies, and turnes what the position requir'd 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 leavs it. ”

“ Against 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 som good that may be frequently attain'd without the admixture of a wors inconvenience; but the Law forbidding divorce, never attains to any good end of such prohibition, but rather multiplies evill; therfore, the prohibition of divorce is no good Law. ”

“ Yet to endure very much, might doe well an exhortation, but not a compulsive Law. For the Spirit of God himself by Solomon declares that such a consort the earth cannot bear, and better dwell in a corner on the house top, or in the Wildernes. ”

“ For if it allow divorce precisely for no cause but fornication, it thwarts his own Exposition: and if it understand fornication largely, it sides with whom hee would confute. However, the autority of that Synod can bee but small, beeing under Theodorus, the Canterbury Bishop, a Grecian Monk of Tarsus, revolted from his own Church to the Pope. What have wee next? The Civil Law stufft in between two Councels, as if the Code had bin som Synod; for that hee understood himself in this quotation is incredible ”

“ But if a man cannot peaceably walk into the world, but must bee infested, somtimes at his face with dorrs and horsflies, somtimes beneath with bauling whippets and shin-barkers, and these to bee set on by plot and consultation with a Junto of Clergy men and Licencers, commended also and rejoyc't in by those whose partiality cannot yet forgoe old papisticall principles, have I not cause to bee in such a manner defensive, as may procure mee freedom to pass more unmolested heerafter by those incumbrances, not so much regarded for themselvs, as for those who incite them. ”

“ If you bee a man so much hating change, hate that other change; if your self bee not guilty, counsel your brethren to hate it; and leav to bee the supercilious judge of other mens miseries and changes,that your own bee not judg'd. The reasons of your licen't pamflet, you say are good; they must bee better then you own them, I shall wonder els how such a trivial fellow was accepted and commended, to bee the confuter of so dangerous an opinion as yee give out mine. ”

“ Who ever hee bee, though this to som may seem a slight contest, I shall yet continue to think that man full of other secret injustice, and deceitfull pride, who shall offer in public to assume the skill, though it bee but of a tongue which hee hath not, and would catch his readers to beleeve of his ability, that which is not in him. The Licencer indeed, as his autority now stands, may licence much ”

“ Against the last point of the position, to prove that contrariety of minde is not a greater cause of divorce then corporal frigidity, hee enters into such a tedious and drawling tale of burning, and burning, and lust and burning, that the dull argument it self burnes to, for want of stirring ”

“ And if hee have such an ambition to know no better who are his mates, but among these needy thoughts, which though his two faculties of Serving-man and Sollicitor should compound into one mongrel, would bee but thin and meager, if in this penury of Soul hee can bee possible to have the lustiness to think of fame, let him but send mee how hee calls himself, and I may chance not fail to endorse him on the backside of posterity, not a golden, but a brazen Asse. ”

“ To a death no less infamous then to be burnt by the hangman. Mr. Licencer, for I deal not now with this caitif, never worth my earnest, & now not seasonable for my jest, you are reputed a man discreet anough, religious anough, honest anough, that is, to an ordinary competence in all these. ”

“ Burdens may bee born, but still with consideration to the strength of an honest man complaining. Charity indeed bids us forgive our enemies, yet doth not force us to continue freindship and familiarity with those freinds who have bin fals or unworthy towards us ”

“ For beeing to shew som Law of England, attaining to no good end, and yet through no default of the party, who is therby debarr'd all remedy, hee shews us only how som doe loos the benefit of good Laws through their own default. ”

“ Secondly, what if one have grace, the other not, and will not alter, as the Scripture testifies ther bee of those, in whom we may expect a change, when the Blackamore changes his colour, or the Leopard his Spots, Jer. 13. 23. shall the gracious therfore dwell in torment all his life, for the ungracious? Wee see that holiest precepts, then which there can no better physic bee administerd to the minde of man, and set on with powerfull preaching, cannot work this cure, no not in the family, not in the wife of him that Preaches day and night to her. ”

“ Secondly, if it doe command, it is but with condition, that the Infidel bee content, and well pleas'd to stay, which cuts off the supposal of any great hatred or disquiet between them; seeing the Infidel had liberty to depart at pleasure; and so this comparison avails nothing.
Your third Argument is from Deut. 22. If a man hate his wife, and raise an ill report, that hee found her no virgin, if this were fals, he might not put her away, though hated never so much. ”

“ Look to it now you be not found taking fees on both sides, for if you once bring limitations to the universal words of Christ, another will doe as much with as good autority, and affirm, that neither did hee check the Law Deut. 24. 1. nor forbid the causes that make mariage void actually; which if any thing in the world doth, unfitnes doth, and contrariety of minde; yea, more then adultery, for that makes not the mariage void, not much more unfit, but for the time, if the offended party forgive ”

“ His second thing therfore is to refute the advers position, and very methodically, three pages before hee sets it down; and sets his own in the place, that disagreement of minde or disposition, though shewing it self in much sharpnes is not by the Law of God, or man, a just cause of divorce. ”