Page:The Doctrine and Discipline of Divorce - Milton (1644).djvu/82

be divorc't; not that every motion of a jealous mind should be regarded, but that it should not be exacted to prove all things by the visibility of Law witnessing, or els to hood-wink the mind: for the law is not able to judge of these things but by the rule of equity, and by permitting a wise man to walk the middle way of prudent circumspection, neither wretchedly jealous, nor stupidly and tamely patient. To this purpose hath Grotius in his notes. He shews also that fornication is tak'n in Scripture for such a continual headstrong behaviour, as tends to plain contempt of the husband: and proves it out of Judges 19.2. where the Levites wife is said to have plaid the whoor against him; which Iosephus and the Septuagint, with the Chaldean, interpret onely of stubbornesse and rebellion against her husband: and to this I adde that Kimchi, and the two other Rabbies who glosse the text, are in the same opinion. Ben Gersom reasons, that had it bin whoordom, a Jew and a Levit would have disdain'd to fetch her again. And this I shall contribute, that had it been whoordom, she would have chosen any other place to run to, then to her fathers house, it being so infamous for an Hebrew woman to play the harlot, and so opprobrious to the parents. Fornication then in this place of the Iudges is understood for stubborn disobedience against the husband, and not for adultery. A sin of that sudden activity as to be already committed, when no more is done, but onely lookt unchastly: which yet I should bee loath to judge worthy a divorce, though in our Saviour's language it bee called adultery. Neverthelesse when palpable and frequent signes are giv'n, the law of God, Numb. 5. so far gave way to the jealousie of a man as that the woman set before the Sanctuary with her head uncover'd, was adjur'd by the Priest to swear whether she were false or no; and constrain'd to drink that bitter water with an undoubted curse of rottennesse and tympany to follow, unlesse she were innocent. And the jealous man had not bin guiltles before God, as seems by the last verse, if having such a suspition in his head, he should neglect his triall; which if to this day it be not to be us'd, or be thought as uncertain of effect as our antiquated law of Ordalium, yet all equity will judge that many adulterous demeanors which are of lewd suspicion and example, may be held sufficient to incurre a divorce, though the act it selfe hath not been prov'd. And seeing the generosity of our Nation is so, as to account no reproach more abominable, then to bee nicknam'd the husband of an adultresse, that our law should not be as ample as the Law of God to vindicate a man from that ignoble

suffe-