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
although a man may often be unjust in seeking that which he loves,
yet he can never be unjust or blamable in retiring from his endless
trouble and distaste, whenas his tarrying can redound to no true
content on either side."[268] All this despotic power is placed in
the husband's hands for the woman's good; for it is "an unseemly
affront to the sequestered and veiled modesty of that sex, to have
her unpleasingness and other concealments bandied up and down, and
aggravated in open court by those hired masters of tongue-fence....
It is true an adulteress cannot be shamed enough by any public
proceeding; but the woman whose honour is not appeached is less
injured by a silent dimission, being otherwise not illiberally dealt
with, than to endure a clamouring debate of utterless things."
Whether it would be well to shame the adulterer by publicity we are
not informed. Power would thus be restored to the "master of the
family," where it was divinely placed. For its exercise there is but
one condition needful among Christian men. The repudiation should
take place in "the presence of the minister and other grave selected
elders." These are to "admonish" him; and he in turn is to declare
solemnly by "the hope he has of 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,
the matter not being of malice, but nature, and so not capable of
reconciling." He must not be restrained further. To do so "were to
unchristian him, to unman him, to throw the whole mountain of Sinai
upon him, with the weight of the whole law to boot, flat against the
liberty and essence of the gospel." The procedure thus provided for
by Milton, remarks Jeaffreson, is a "strictly private trial in which
the husband discharged the function of prosecutor, furnished the
evidence, and played the part of a judge." But Milton is conscious
that the denial of a reciprocal liberty to the wife may require some
defense. This he supplies by a singular piece of logic, which in
its effect would sanction and encourage the basest tyranny for even
the vilest purposes, though he does not appear to see it.[269] "The
law can only appoint the just and equal conditions of divorce,"
he declares, "and is to look how it is an injury to the divorced,"
that is to say, to the repudiated wife. But in truth, he hastens
to add, "as a mere separation" it can be no injury to her; "for
if she consent, wherein has the law to right her? or consent not,
then is it either just, and so deserved; or if unjust, such in all
likelihood was the divorcer: and to part from an unjust man is a
happiness and no injury to be lamented. But suppose it be an injury,
the law is not able to amend it, unless she think it other than a
miserable redress, to return back from whence she was expelled, or
but entreated to be gone;" or else, if not formally separated, "to
live apart still married without marriage, a married widow." The
Public-domain text, read in full here on John Shaqi.
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