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BOOK I.

THE PREFACE.

The

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. Christian imperial Laws framed with more Equity. opinion of Hugo Grotius and Paulus Fagius: And the Purpose in General of this Discourse.

The

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 cease 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 con triving upon ourselves matter of continual sorrow and perplexity. What greater good to man than that revealed rule, whereby God vouchsafes to shew 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 is conscience to be the sacrificer; or if not, the gaoler of his mnocent and only daughter;* and was the cause ofttimes that

* The reader will at once perceive that Milton here alludes to the story of Jephtha and his daughter, which may be regarded as one of the most suggestive and pathetic in the Old Testament. Two interpretations have been given of the event: the first, that she was really offered up in sacrifice as a common victim, which was the interpretation adopted by the ancients. As mankind gradually acquired more humane sentiments, they suffered their feelings to interfere with their views of antiquity. Sigonius, however, in his learned and elaborate work, "De Republica Hebræorum," expresses no doubt

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armies of valiant men have given up their throats to 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 antipathy, 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 licence might abound. It was that Jephtha put his daughter to death, as he would have put to death a sheep or an ox; and this, I think, is the sense in which the narrative should b understood.-Ed.

for many ages that marriage lay in disgrace with most of the ancient doctors, as a work of the flesh, almost a defilernent, wholly denied to priests, and the second time dissuaded to all, as he that reads Tertullian or Jerome 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 impression, to love, whatever cause be found to loathe: 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 Evangelists; 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 supposi tions 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

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comment on the Pentateuch, doubted not to maintain that
divorces might be as lawfully permitted by the magistrate to
Christians, as they were to the Jews. But because he is but
brief, and these things of great consequence not to be kept
obscure, I shall conceive it nothing above my duty, either for
the difficulty or the censure that may pass thereon, to com-
municate such thoughts as I also have had, and do offer them
now in this general labour of reformation to the candid view
both of church and magistrate: especially because I see it
the hope of good men, that those irregular and unspiritual
courts have spun their utmost date in this land, and some
better course must now be constituted. This therefore shall
be the task and period of this discourse to prove, first,
that other reasons of divorce, besides adultery, were by the
law of Moses, and are yet to be allowed by the Christian ma-
gistrate as a piece of justice, and that the words of Christ are
not hereby contraried. Next, that to prohibit absolutely any
divorce whatsoever, except those which Moses excepted, is
against the reason of law, as in due place I shall shew out of
Fagius, with many additions. He therefore who by adventur-
ing, shall be so happy as with success to light the way of such
an expedient liberty and truth as this, shall restore the much-
wronged and over-sorrowed state of matrimony, not only to
those merciful and life-giving remedies of Moses, but, as much
as may be, to that serene and blissful condition it was in at
the beginning, and shall deserve of all apprehensive men, (con-
sidering the troubles and distempers, which, for want of this
in sight, have been so oft in kingdoms, in states, and families,)
shall deserve to be reckoned among the public benefactors of
civil and human life, above the inventors of wine and oil; for
this is a far dearer, far nobler, and more desirable cherishing to
man's life, unworthily exposed to sadness and mistake, which
he shall vindicate. Not that licence, and levity, and uncon-
sented breach of faith should herein be countenanced, but that
some conscionable and tender pity might be had of those who
have unwarily, in a thing they never practised before, made
themselves the bondmen of a luckless and helpless matri-
mony. In which argument, he whose courage can serve him
to give the first onset, must look for two several oppositions :
the
one from those who having sworn themselves to long cus-
tom, and the letter of the text, will not out of the road; the

other from those whose gross and vulgar apprehensions conceit but low of matrimonial purposes, and in the work of male and female think they have all. Nevertheless, it shall be here sought by due ways to be made appear, that those words of God in the institution, promising a meet help against loneliness, and those words of Christ, that "his yoke is easy, and his burden light," were not spoken in vain: for if the knot of marriage may in no case be dissolved but for adultery, all the burdens and services of the law are not so intolerable. This only is desired of them who are minded to judge hardly of thus maintaining, that they would be still, and hear all out, nor think it equal to answer deliberate reason with sudder. heat and noise; remembering this, that many truths now of reverend esteem and credit, had their birth and beginning once from singular and private thoughts, while the most of men were otherwise possessed; and had the fate at first to be generally exploded and exclaimed on by many violent opposers: yet I may err perhaps in soothing myself, that this present truth revived will deserve on all hands to be not sinisterly received, in that it undertakes the cure of an inveterate disease crept into the best part of human society; and to do this with no smarting corrosive, but a smooth and pleasing lesson, which received both the virtue to soften and dispel rooted and knotty sorrows, and without enchantment, if that be feared, or spell used, hath regard at once both to serious pity and upright honesty; that tends to the redeeming and restoring of none but such as are the object of compassion, having in an ill hour hampered themselves, to the utter dispatch of all their most beloved comforts and repose for this life's term. But it we shall obstinately dislike this new overture of unexpected ease and recovery, what remains but to deplore the frowardness of our hopeless condition, which neither can endure the estate we are in, nor admit of remedy either sharp or sweet? Sharp we ourselves distaste; and sweet, under whose hands we are, is scrupled and suspected as too luscious. In such a posture Christ found the Jews, who were neither won with the austerity of John the Baptist, and thought it too much licence to follow freely the charming pipe of him who sounded and proclaimed l'berty and relief to all distresses: yet truth in some age or other will find her witness, and shall be justified at last by her own children.

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