Page:The Doctrine and Discipline of Divorce - Milton (1644).djvu/91

 many indignities of being deluded, and made a boy of by those his two Cardinall Judges, was constrain'd at last, for want of other proof that she had been carnally known by Prince Arthur, ev'n to uncover the nakednesse of that vertuous Lady, and to recite openly the obscene evidence of his brothers Chamberlain. Yet it pleas'd God to make him see all the tyranny of Rome, by discovering this which they exercis'd over divorce; and to make him the beginner of a reformation to this whole Kingdome, by first asserting into his familiary power the right of just divorce. Tis true, an adultresse cannot be sham'd anough by any publick proceeding: but that woman whose honour is not appeach't, is lesse injur'd by a silent dismission, being otherwise not illiberally dealt with, then to endure a clamouring debate of utterlesse things, in a busines of that civill secrecy and difficult discerning, as not to bee over-much question'd by neerest friends. Which drew that answer from the greatest and worthiest Roman of his time Paulus Emilius, being demanded why hee would put away his wife for no visible reason? This Shoo said he, and held it out on his foot, is a neat shoo, a new shoo, and yet none of you know where it wrings me: much lesse by the unfamiliar cognisance of a fee'd gamester can such a private difference be examin'd, neither ought it.

Again, if Law aim at the firm establishment and preservation of matrimoniall faith, wee know that cannot thrive under violent means; but is the more violated. It is not when two unfortunately met are by the Canon forc't to draw in that yoke an unmercifull dayes work of sorrow till death unharnesse 'em, that then the Law keeps mariage most unviolated and unbrok'n: but when the Law takes order that mariage be accountant and responsible to perform that society, whether it be religious, civill, or corporal, which may be conscionably requir'd and claim'd therein, or else to be dissolv'd if it cannot be undergone: This is to make mariage most indissoluble, by making it a iust and equall dealer, a performer of those due helps which instituted the covnant, being otherwise a most uniust contract, and no more to be maintain'd under tuition of law, then the vilest fraud, or cheat, or theft that may be committed. But because this is such a secret kind of fraud or theft, as cannot bee maintain'd by Law, but only by the plaintife himself, therfore to divorce was never caunted a politicall or civill offence neither to Jew nor Gentile, nor any iudicial intendment of Christ, further then could be discern'd to transgresse the allowance of Moses, which was of necessity so large, that it doth all one as if it sent back the matter Rh