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 323: HANSARD'S _Parl. Debates_, 3d series, CXLIV-VIII.
"The discussions on the subject were curious as showing how
powerfully, even to that late period, theological methods of
thought and reasoning prevailed in the British Legislature. There
were speeches that would seem more in place in a church council
than in a lay Parliament."--LECKY, _Democracy and Liberty_, II,
202.]
[Footnote 324: 36 and 37 Vict., c. 66, secs. 16, 31.]
[Footnote 325: See GEARY, _Marriage and Family Relations_, 238
ff., for the jurisdiction and procedure of these courts. _Cf._
also HARRISON, _The Laws of Probate and Divorce_, 191 ff.]
By the law of 1857, supplemented in various ways through subsequent
statutes, three forms of separation are recognized. First, on
petition of either consort the court is empowered to grant a
complete dissolution of wedlock; but in this respect the provisions
of the act are conceived in the same narrow spirit that actuated
the policy of legislative divorce. The woman is treated with
precisely the same injustice. For while the husband may secure an
absolute divorce on account of the simple adultery of the wife, the
wife is unable to free herself from an unfaithful husband unless
his infidelity has been coupled with such cruelty as "would have
entitled her to a divorce _a mensa et thoro_;" or "with desertion,
without reasonable cause, for two years and upwards;" or with
certain other aggravating offenses.[326] Friends and enemies of
the bill alike joined in condemning the unequal position in which
man and wife were placed. Gladstone, who tenaciously resisted the
act on theological grounds, declared: "If there is one broad and
palpable principle of Christianity which we ought to regard as
precious it is, that it has placed the seal of God Almighty upon the
equality of man and woman with respect to everything that relates to
these rights."[327] On the other hand, the attorney-general, who
introduced the measure, found it necessary to apologize for this
defect. "If this bill," he says, "were thrown aside and the whole
law of marriage and divorce made the subject of inquiry, I should
be the last man to limit the field of discussion or to refuse to
consider a state of law which inflicts injustice upon the women
most wrongfully and without cause, and which may be considered
opprobrious and wicked;" moreover, he continues, the "present bill
need not be the end-all of legislation upon the subject."[328]
[Footnote 326: 20 and 21 Vict., c. 85, sec. 27: _Statutes at
Large_, XCVII, 537. But various "absolute" or "discretionary"
bars may be pleaded against a decree. On these see GEARY,
_op. cit._, 267-304; HARRISON, _op. cit._, 130 ff.; WOOLSEY,
_Divorce_, 175.]
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