The Life of John Milton Volume 3 1643-1649: Narrated in Connexion with the Political, Ecclesiastical, and Literary History of His TimeMasson, David
Religion
The Life of John Milton Volume 3 1643-1649: Narrated in Connexion with the Political, Ecclesiastical, and Literary History of His Time
Masson, David
Milton, John, 1608-1674; Poets, English -- Early modern, 1500-1700 -- Biography
And what, after all, and in precise practical form, _was_ this
tremendous proposition of Milton respecting Divorce? Reduced out of large
and cloudy terms, it was simply this,--that marriage, as it respected the
continued union of the two married persons, was a thing with which Law
had nothing whatever to do; that the two persons who had contracted a
marriage were the sole judges of its convenience, and, if they did not
suit each other, might part by their own act, and be free again; at all
events, that for husbands the Mosaic Law on the subject was still in
force: viz. (Deut. xxiv. 1) "When a man hath taken a wife and married
her, and it come to pass that she find no favour in his eyes, because he
hath found some uncleanness in her [interpreted as including any moral or
intellectual incompatibility, any unfitness whatever], then let him write
her a bill of divorcement, and give it in her hand, and send her out of
his house." Milton avoids as much as possible such reductions of his
proposition to harsh practical form, and would have disowned such brief
popular summaries of his doctrine as _Divorce at pleasure_, or
_Divorce at the Husband's pleasure_; but, in reality, it came to
this. The husband, in modern times, had still, he maintained, the old
Mosaic right of giving his wife a "bill of divorcement," if she did not
satisfy him, and sending her back to her father's house. The right was a
purely personal one. Friends, indeed, might interfere with their good
offices; nay it would be fitting, and perhaps necessary, that there
should be a solemn formality "in presence of the minister and other grave
selected elders," who should admonish the man of the seriousness of the
step he was about to take. But, if he persisted in taking it--if "he
shall have protested, on the faith of the eternal Gospel and the hope he
has of a happy resurrection, that otherwise than thus he cannot do, and
thinks himself and this his case not contained in that prohibition of
divorce which Christ pronounced (Matth. v. 31-32), the matter not being
of malice, but of nature, and so not capable of reconciling"--then the
Church had done her part to the full, and the man was to be left to his
own liberty. This passage, proposing a kind of public oath on the man's
part, as a formality to be required in every case of dissolution of
marriage, occurs near the end of the treatise in both editions; and it
indicates, I think, Milton's recoil from any rough or free and easy
version of his doctrine, and his desire to temper it as much as he could.
Essentially, however, the proposal mattered little. The husband was still
left sole judge of his wife's fitness or unfitness for him, and whether
he should exercise his right of putting her away was a matter finally for
his private conscience.
Public-domain text, read in full here on John Shaqi.
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