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
(2.) One notes in Milton's first Divorce Tract, as in much else of his
controversial writing, a preference for the theoretical over what may be
called the practical style of argument. The neglect of practical details
in his reasoning throughout this particular Tract amounts to what might
be called greenness or innocence. What are the questions with which an
opponent of the "practical" type would have immediately tried to pose
Milton, or which such an one would now object to his doctrine? No one can
miss them. In a case where divorce is desired by the man only, what is to
become of the divorced wife? Is not the damage of her prospects by the
fact that she has once been married, if but for a month, something to be
taken into account? It is not in marriage as it may be in other
partnerships. The poor girl that has been once married returns to her
father or her friends an article of suddenly diminished value in the
general estimation. What provision is to be made for this? Then, should
there be children, what are to be the arrangements? Or again, suppose the
case, under the new Divorce Law, of a man who has a weakness for a
succession of wives--a private Henry the Eighth. He marries No. 1, and,
after a while, on the plea that he does not find that she suits him, he
gives her a bill of divorcement; No. 2 comes and is treated in like
manner; and so on, till the brutal rascal, undeniably free from all legal
censure, may be living in the centre of a perfect solar system of his
discarded wives, moving in nearer or farther orbits round him, according
to the times when they were thrown off, and each with her one or two
satellites of little darlings! To be sure, there is the public oath
which, it is supposed, might have to be taken in every case of divorce;
but what would such a blackguard care for any number of such oaths?
Besides, you put it to him by his oath to declare that in his conscience
he believes the incompatibility between himself and his wife to be
radical and irremediable, and that he does not find that he comes within
Christ's meaning in that famous passage of the Sermon on the Mount in
which he Christianized the Mosaic Law of Divorce. What does such a fellow
know of Christ's meaning? He will swear, and according to your new Law he
need only swear, according to his own standard of fitness; which may be
that variety is a _sine quâ non_ for him, or that No. 2 is intolerable
when No. 3 is on the horizon. How, in the terms of the new Law, is such
licence to sheer libertinism to be avoided? These and other such
questions are suggested here not as necessarily fatal to Milton's
doctrine: in fact, in certain countries, since Milton's time, the most
thorough practical consideration of them has not impeded modifications of
the Marriage Law in the direction heralded by Milton. They are suggested
as indicating Milton's rapidity, his impatience, or, if we choose so to
call it, his dauntless faith in ideas and first principles. It is
Public-domain text, read in full here on John Shaqi.
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