At last, and in good howr, we are come to his farewell, which is to bee a concluding taste of his jabberment in Law, the flashiest and the fustiest that ever corrupted in such an unswill'd hogshead.
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. Now for his Atturneys prise: but first, like a right cunning and sturdy Logician, hee denies my Argument, not mattering whether in the major or minor: and saith, there are many Laws made for good, and yet that good is not attain'd, 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 wedloc. The default therfore will bee found in the Law itself; which is neither able to punish the offender, but the innocent must withall suffer; nor can right the innocent in what is cheifly sought, the obtainment of love or quietness. His instances out of the Common Law, are all so quite beside the matter which hee would prove, as may bee a warning to all clients how they venture thir busines with such a cock-braind Sollicitor. 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. His first example saith, It is a just Law that every one shall peaceably enjoy his estate in Lands or otherwise. Does this Law attain to no good end? the Barr will blush at this most incogitant woodcock. But see if a draft of Littleton will recover him to his senses. If this Man having Fee simple in his Lands, yet will take a Leas of his own Lands, from another, this shall be an Estoppel to him in an Assise from the recovering of his own Land. Mark now and register him. How many are there of ten thousand who have such a Fee simple in their sconse, as to take a Leas of their own Lands from another? So that this inconvenience lights upon scars 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
