sequence of their own act, that it would ensure deliberation in the most important act of life, and that it would guarantee society against the offence thrown upon it by levity, folly, and we may almost say crime, in an act so important.

Passing then from the simpler case in which there is, on neither side, any supposition of crime or offence of which the laws take cognizance, to that in which infidelity to the marriage contract exists, I showed that, if children do not exist, any moral error of licentious intercourse is obviously equal on both sides-the offence of the woman being in no way greater than that of the man in an act in which their participation is equal; that, even if children exist, and we regard the effects of licence on offspring generally or in relation to society, and not to the one only of the particular male parents deceived as to the children, the offence of both parties is equal,-there being no difference of moral blame; but that when a limited view is taken of the question-when the offence of each member of one couple is considered in relation to the other member, and not to the other family or to society, adultery, where there is progeny, has its offensive relation especially to the husband, and it is to him that its punishment falls, if punishment be justified-precisely as his punishment falls to the husband of the woman with whom he may have committed a similar offence.

It may be fairly urged, however, that, even in the last case, when the offence of each member of one couple is considered in relation to the other member, the difference of respective offence is not so considerable as might at first be supposed; for, if on one hand the husband be injured by the wife's introduction of illegitimate progeny, on the other hand the wife is injured by her husband withdrawing his affections from her and her children to those of another family.

I further observed that, in these latter views, the actual vitiation of offspring is supposed, as enhancing the offence of adultery on the part of the woman; but that obviously, where there is no offspring, there is no enhancement of offence, and it is perfectly equal on both sides. In reply to the further supposition, that there may be progeny, and it may be impossible to say who is the father, I referred to my work on Intermarriage for proofs, that there can be no difficulty in this, except what arises from wilful ignorance, that there never was a child which did not strikingly resemble both the parents, and that he whom a child does not re

semble is not its father.

1 concluded, therefore, as to this aggravation of offence, that the wife cannot be justly punished, until its commission is proved; and it has been

seen that progeny rarely result from temporary

amours.

I observed that nothing can more clearly show the flagrant absurdity of all laws which make divorce difficult or unattainable in common cases, than that the commission of legal offence should render it easy-two persons being thus, for a mere error in choice, doomed, while they live, to perpetual suffering, and being, if they will only add a crime to this, rewarded by being set free; and that the principle of such savage legislation is not more absurd than its consequences are deplorable, because, in cases where divorce is desirable, it holds out encouragement to the commission of such offence as will dissolve the contract, and those. who otherwise in vain seek for divorce, have only to commit the offence in order to ensure it.

Such, as there observed, seem to be the whole of the just and natural impediments which ought to be thrown in the way of divorce; and, while the removal of the unjust and unnatural restraints of a blind and barbarous legislation, would greatly diminish the sum of human misery, the just and natural restraints here proposed would guard against the vice of loose connexions and licentious separations.

That other causes besides infidelity should ope

rate divorce, Milton has clearly and powerfully shown; and if authority were of any avail in this case, none can be higher.

66

My mind," says Coleridge, "is not capable of forming a more august conception, than arises from the contemplation of this great man in his latter days; poor, sick, old, blind, slandered, persecuted,

'Darkness before, and Danger's voice behind,'

in an age in which he was as little understood by the party for whom, as by that against whom, he had contended; and among men before whom he strode so far as to dwarf himself by the distance; yet still listening to the music of his own thoughts, or if additionally cheered, yet cheered only by the prophetic faith of two or three individuals, he did nevertheless

'Argue not

Against heaven's hand or will, nor bate a jot
Of heart or hope; but still bore up and steer'd
Right onward.'

"From others only do we derive our knowledge that Milton in his latter day had his scorners and detractors; and even in his day of youth and hope, that he had enemies would have been unknown to us, had they not been likewise the enemies of his country."

As, of all the reformed churches, the Anglican alone has adhered to the Romish canon law on this subject, not only Milton but Bucer and Erasmus have laboured to remove the erroneous notions respecting divorce which have so remarkably distinguished England. On this subject, Milton himself says, "This is a providence not to be slighted, that as Bucer wrote this tractate of divorce in England and for England, so Erasmus professes he began here among us the same subject, especially out of compassion for the need he saw this nation had of some charitable redress herein, and he seriously exhorts others to use their best industry in the clearing of this point, wherein custom hath a greater sway than verity."

As Milton's arguments are spread through several works, in which they are repeated, varied and amended, I shall here select, abridge and arrange such extracts from these as to me appear to be most conclusive.

Of the STATE OR CONDITION of marriage, Milton says, "If any two be but once handed in the church, and have tasted in any sort the nuptial bed, let them find themselves never so mistaken in their dispositions through any error, concealment, or misadventure, that through their different tempers, thoughts and constitutions, they can neither be to one another a remedy against loneli