Page:The Doctrine and Discipline of Divorce - Milton (1644).djvu/92

undeterminable at law, and intractable by rough dealing, to have instructions and admonitions bestow'd about it by them whose spirituall office is to adjure and to denounce, and so left to the conscience. The Law can onely appoint the iust and equall conditions of divorce, and is to look how it is an injury to the divorc't, which in truth it can be none, as a meer separation; for if she consent, wherin has the Law to right her? or consent not; then is it either iust, and so deserv'd; or if uniust, such in all likelihood was the divorcer, and to part from an uniust man is a happinesse, and no iniury to bee lamented. But suppose it be an iniury, the law is not able to amend it, unles she think it other then a miserable redress to return back from whence she was expell'd, or but intreated to be gone, or else to live apart still maried without mariage, a maried widow. Last, if it be to chast'n the divorcer, what Law punishes a deed which is not morall, but natural, a deed which cannot certainly be found to be an injury, or how can it be punisht by prohibiting the divorce, but that the innocent must equally partake both in the shame and in the smart. So that which way soever we look the Law can to no rationall purpose forbid divorce, it can only take care that the conditions of divorce be not iniurious. Thus then we see the trial of law how impertinent it is to this question of divorce, how helplesse next, and then how hurtfull.

 

CHAP. XXII.

 

The last Reason, why divorce is not to be restrain'd by Law, it being against the Law of nature and of Nations. The larger proof whereof referr'd to Mr. Seldens Book De jure naturali & gentium. An objection of Paræus answer'd. How it ought to be order'd by the Church. That this will not breed any worse inconvenience nor so bad as is now suffer'd.

 

THerfore the last reason why it should not be, is the example we have, not only from the noblest and wisest Common-wealths, guided by the clearest light of human knowledge, but also from the divine testimonies of God himself, lawgiving in person to a sanctify'd people. That all this is true, who so desires to know at large with least pains, and expects not heer overlong rehersals of that which is by others already so judiciously gather'd, let him hast'n to be acquainted with that noble volume written by our learned Selden, Of the law of nature & of Nations, a work more useful and more worthy to be perus'd, whosoever studies to be a great man in wisdom, equity, and justice, then all those decretals, and sumles sums, which the Pontifi-

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