A History of Matrimonial Institutions, Vol. 2 of 3 — John Shaqi
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 34: The Catholic doctrine as finally settled. WOOLSEY,
assuming that this is a case of separation of two "believers" for
some "dissension" or other cause less than adultery (which he
holds allows a second marriage), says, "we have here an actual
separation _a mensa et toro_ without a separation _a vinculo
matrimonii_. This third state between absolute divorce and
full marriage union has then the sanction of the Apostle--not
of course as something desirable, but probably as a kind of
barricade against divorce and a defense of the Saviour's
commandment. It may be introduced therefore into the law of
Christian lands."--_Divorce_, 73, 74.]
Thus far Paul has spoken professedly on the authority of "the
Lord." Next he contemplates the case of an existing union between
a Christian and an unbeliever; and on his own judgment he admits a
new ground of separation. "But to the rest speak I, not the Lord."
The Christian may not put away or abandon his spouse on account
of difference in religious faith. "For the unbelieving husband is
sanctified by the wife, and the unbelieving wife is sanctified by
the husband: else were your children unclean; but now are they holy.
But if the unbelieving depart, let him depart. A brother or a sister
is not under bondage in such cases."[35] Again, through this last
remark, the seeds of dissension are planted; for it is not clear
whether the "bondage" from which the brother or sister is freed is
that of the existing marriage or the irksome necessity of perpetual
single life after separation.
[Footnote 35: 1 Cor. 7:12-16.]
Upon these Bible passages, often vague and puzzling in the
extreme,[36] was eventually erected the whole doctrine of the
mediæval church relating to divorce. It is not surprising that
harmony was reached only after many centuries of struggle. With the
exact processes of argument by which ingenious theologians have in
all ages sought to reconcile or interpret the scriptural teaching we
are here but little concerned. At present we are mainly interested
in the general results of thought as they find expression in the
law and practice of the church previous to the Reformation. The
subject presents four phases or aspects of development, each of
which will be briefly considered: the views of the early Fathers;
the legislation of the Christian emperors; the compromise with
Germanic custom; and the final settlement of doctrine in the canon
law.
[Footnote 36: Thus AUGUSTINE (_De adult. conjug._) confesses
the extreme difficulty of reconciling the scriptural texts
relating to divorce and second marriage: "His ita pro meo modulo
pertractatis atque discussis quaestionem tamen de conjugiis
obscurissimam et implicatissimam esse, non nescio." On this
FREISEN (_Geschichte des can. Eherechts_, 772, 773) remarks, "es
wird ihm hierin gewiss jeder zustimmen, der die Worte der hl.
Schrift durchliest."]
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