Page:The Doctrine and Discipline of Divorce - Milton (1644).djvu/18

 many points that have not yet been explain'd. Which ever likely to remain intricate and hopelesse upon the suppositions commonly stuck to, the autority of Paulus Fagius, one so learned and so eminent in England once, if it might perswade, would strait acquaint us with a solution of these differences, no lesse prudent then compendious. He in his 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 Jewes. But because he is but briefe, and these things of great consequence not to be kept obscure, I shall conceave it nothing above my duty either for the difficulty or the censure that may passe thereon, to communicate such thoughts as I also have had, and do offer them now in this generall 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 unspirituall Courts have spun their utmost date in this Land; and some beter course must now be constituted. This therfore 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 allow'd by the Christian Magistrate as a peece 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 adventuring shall be so happy as with successe to light the way of such an expedient liberty and truth as this, shall restore the much wrong'd and over-sorrow'd state of matrimony, not onely to those mercifull and life-giving remedies of Moses, but, as much as may be, to that serene and blisfull condition it was in at the beginning; and shall deserv of all aprehensive men (considering the troubles and distempers which for want of this insight have bin so oft in Kingdomes, in States and Families) shall deserve to be reck'n'd among the publick benefactors of civill and humane life; above the inventors of wine and oyle; for this is a far dearer, far nobler, and more desirable cherishing to mans life, unworthily expos'd to sadnes and mistake, which he shall vindicate. Not that licence and levity and unconsented breach of faith should herein be countnanc't, but that some conscionable, and tender pitty might be had of those who have unwarily in a thing they never practiz'd before, made themselves the bondmen of a luckles and helples matrimony. In which Argument he whose courage can serve him to give the first onset, must look for