A History of Matrimonial Institutions, Vol. 2 of 3Howard, George Elliott
History
A History of Matrimonial Institutions, Vol. 2 of 3
Howard, George Elliott
Families; Marriage -- History
[Footnote 264: MILTON, "Doctrine and Discipline of Divorce,"
_Prose Works_, III, 181. "And what his chief end was of creating
woman to be joined with man, his own instituting words declare,
and are infallible to inform us what is marriage, and what is
no marriage; unless we can think them set there to no purpose:
'It is not good,' saith he, 'that man should be alone. I will
make him a help meet for him.'"--_Ibid._, 187. Beza holds, says
Milton, that divorce (by the Jewish law) is created "only for the
help of wives." This leads him to exclaim: "Palpably uxorious!
Who can be ignorant, that woman was created for man, and not man
for woman, and that a husband may be injured as insufferably in
marriage as a wife! What an injury is it after wedlock not to be
loved! What to be slighted! What to be contended with in point of
house rule who shall be the head; not for any parity of wisdom,
for that were something reasonable, but out of a female pride! 'I
suffer not,' saith St. Paul, 'the woman to usurp authority over
the man.' If the apostle could not suffer it, into what mould is
he mortified that can?"--_Ibid._, 247; _cf._ also _ibid._, 209.]
[Footnote 265: JEAFFRESON, _Brides and Bridals_, II, 333. He was
not solely actuated by irritation against his wife, Mary Powell,
whom he had put away; for he retained his views after taking her
back and to his life's end: _ibid._, II, 333.]
That this judgment is scarcely too severe is clearly proved by
Milton's theory of proper divorce procedure.[266] Rejecting all
aid of court or magistrate, he goes back to the ancient principle
of self-divorce.[267] For it was an "act of papal encroachment"
to "pluck the power and arbitrement of divorce from the master of
the family, into whose hands God and the law of all nations had
put it, and Christ so left it, preaching only to the conscience,
and not authorizing a judicial court to toss about and divulge the
unaccountable and secret reason of disaffection between man and
wife, as a thing most improperly answerable to any such kind of
trial." For the sake of "revenue and high authority" the "popes
of Rome" have "subjected that ancient and naturally domestic
prerogative to an external and unbefitting judicature." Differences
"in divorce about dowries, jointures, and the like, besides
the punishing of adultery," ought indeed to be referred to the
magistrate; yet "against the will and consent of both parties, or of
the husband alone," the "absolute and final hindering of divorce"
cannot rightly "belong to any civil or earthly power." For "ofttimes
the causes of seeking divorce reside so deeply in the radical and
innocent affections of nature, as is not within the diocese of law
to tamper with." Among such "deep and serious regresses of nature"
is hate, "of all things the mightiest divider." Moreover, the lord
of the family cannot go wrong in acting from such motive; "for
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