The Doctrine and Discipline of Divorce/Bk2 Chapter 15

by John Milton

CHAP. XV.

 

That divorce was not giv'n for wives only, as Beza and Paræus write. More of the institution.

 

LAstly, if divorce were granted, as Beza and others say, not for men but to release afflicted wives; certainly it is not only a dispensation, but a most mercifull Law: and why it should not yet be in force, being wholly as needfull, I know not what can be in cause but senselesse cruelty. But yet to say, divorce was granted for relief of wives, rather then of husbands, is but weakly conjectur'd, and is manifest the extreme shift of a huddled exposition. Whenas it could not be found how hardnesse of heart should be lessn'd by liberty of divorce, a fancy was devis'd to hide the flaw, by commenting that divorce was permitted only for the help of wives. Palpably uxorious! Who can be ignorant that woman was created for man, and not man for woman; and that a husband may be injur'd as insufferably in mariage as a wife. What an injury is it after wedlock not to be belov'd, what to be slighted, what to be contended with in point of house-rule who shall be the head, not for any parity of wisdome, for that were somthing reasonable, but out of a female pride. I suffer not, saith S. Paul, the woman to usurp authority over the man. If the Apostle could not suffer it, into what mould is he mortify'd that can? Salomon saith, that a bad wife is to her husband as rott'nnesse to his bones, a continual dropping: better dwell in a corner of the house top, or in the wildernes then with such a one. Who so hideth her hideth the wind, and one of the four mischiefs that the earth cannot bear. If the Spirit of God wrote such aggravations as these, and as may be guest by these similitudes, counsels the man rather to divorce then to live with such a collegue, and yet on the other side expresses nothing of the wives suffering with a bad husband; is it not most likely that God in his Law had more pitty towards man thus wedlockt, then towards the woman that was created for another. The Same Spirit relates to us the cours which the Medes and Persians took by occasion of Vashti, whose meer denial to come at her husbands sending, lost her the being Queen any longer, and set up a wholsom Law, that every man should beare rule in his own house. And the divine relater shews us not the least signe of disliking what was done; how should he? if Moses long before was nothing lesse mindful of the honour and preeminence due to man. So that to say divorce was granted for woman rather then man, was but fondly invented. Esteeming therfore to have asserted thus an injur'd law of Moses from the unwarranted and guilty name of a dispensation, to be again a most equall and requisite law, we have the word of Christ himself, that he came not to alter the least tittle of it; and signifies no small displeasure against him that shall teach to do so. On which relying, I shall not much waver to affirm, that those words which are made to intimate, as if they forbad all divorce but for adultery (though Moses have constituted otherwise) those words tak'n circumscriptly, without regard to any precedent law of Moses or attestation of Christ himself, or without care to preserve those his fundamental and superior laws of nature and charity, to which all other ordinances give up their seals, are as much against plain equity, and the mercy of religion, as those words of Take, eat, this is my body, elementally understood, are against nature and sense.

And surely the restoring of this degraded law, hath well recompenc't the diligence was us'd, by enlightning us further to find out wherfore Christ took off the Pharises from alleging the law, and referr'd them to the first institution, not condemning, altering, or abolishing this precept of divorce, which is plainly moral, for that were against his truth, his promise, and his prophetick office; but knowing how fallaciously they had cited, and conceal'd the particular and natural reason of the Law, that they might justifie any froward reason of their own, he lets goe that sophistry unconvinc't, for that had bin to teach them else, which his purpose was not. And since they had tak'n a liberty which the law gave not, he amuses and repells their tempting pride with a perfection of Paradise, which the law requir'd not; not therby to oblige our performance to that wherto the law never enjoyn'd the fal'n estate of man; for if the first institution must make wedlock, what ever happen, inseparable to us, it must make it also as perfect, as meetly helpfull, and as comfortable, as God promis'd it should be, at least in some degree; otherwise it is not equal or proportionable to the strength of man, that he should be reduc't into such indissoluble bonds to his assured misery, if all the other conditions of that cov'nant be manifestly alter'd.