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
The development of a liberal sentiment in contemporary
literature may be traced in _A Treatise Concerning Adultery and
Divorce_ (London, 1700); _Two Cases: The First of Adultery and
Divorce_ (London, 1702); the anonymous _Essay upon Divorcement_
(London, 1715), replying to Milton; Salmon, _A Critical Essay
Concerning Marriage_ (London, 1824), accepting Milton's views;
_Cri d'une honnête femme qui réclame le divorce_ (London, 1770);
_Observations on the Marriage Laws particularly in reference
to the Case of Desertion_ (London, 1815); and _Plea for an
Alteration of the Divorce Laws_ (London, 1831). With these
writers may be compared Ireland, _Nuptiae sacrae_ (London, 1801,
1821, 1830), opposing Bishop Horsley's argument that in case of
divorce the Scriptures directly prohibit the marriage of the
adulterer with the adulteress; Tebbs, _Essay on the Scripture
Doctrines of Adultery and Divorce_ (London, 1822), too harshly
accused of plagiarism by the author of the preceding book;
Keble, _Sequel of the Argument against immediately repealing
the Laws which treat the Nuptial Bond as indissoluble_ (Oxford,
1857), opposing the proposed divorce law; and Browne, _The
Marriage of Divorced Persons in Church_ (London and New York,
1896), taking a reactionary position.
Important for the chapter are Glasson, _Histoire du droit et des
institutions ... de l'Angleterre_ (Paris, 1882-83); Cleveland,
_Woman under the English Law_ (London, 1896); Barclay, _La femme
anglaise_ (Paris, 1896); Lehr, _Le mariage, le divorce, et la
séparation_ (Paris, 1899); Lecky, _Democracy and Liberty_ (New
York, 1896); Neubauer, "Ehescheidung im Auslande," in _ZVR._,
VII (Stuttgart, 1887); Swinderen, "Ueber das Gütterrecht der
Ehefrau in England," _ibid._, V (Stuttgart, 1884); Hirschfeld,
"The Law of Divorce in England and in Germany," in _Law
Quarterly Review_, XIII, October (London, 1897); Montmorency,
"The Changing Status of a Married Woman," _ibid._, April
(London, 1897); and the able article "Divorce," in _Law Review_
(English), I (London, 1845). The absurd conflicts of English
and Scottish law, as illustrated especially by Lolley's case,
are discussed in Brougham's "Discourse on the Law of Marriage,
Divorce, and Legitimacy" (1835) and his "Speech on the Scotch
Marriage and Divorce Bills" (1835), both in _Speeches_, III
(London, 1838); Fraser, _Conflict of the Laws in Case of
Divorce_ (Edinburgh, 1860); and Fergusson, _Reports of Some
Decisions_ (Edinburgh, 1817); while the proceedings in divorce
under the old law are treated by Poynter, _Doctrine and Practice
of the Ecclesiastical Courts in Doctors Commons_ (London,
1822). Besides the technical treatises of Bishop, Geary, Ernst,
and Hammick may be consulted Spence, _Equitable Jurisdiction_
Public-domain text, read in full here on John Shaqi.
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