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
_a_) _Opinions of Luther and the continental reformers._--With the
rejection of the sacramental theory of marriage at the Reformation
it was inevitable that more liberal ideas respecting divorce
should arise. The mother-church was accused of fostering vice by
professing a doctrine too severe;[171] while at the same time
she was bitterly reproached with a scandalous abuse of her own
jurisdiction through which in effect the forbidden degrees had
become an open door to divorce for the use of the rich and powerful.
Accordingly, the leaders of Protestantism took intermediate ground.
On the one hand, while Luther and some other reformers sanctioned
temporary separations[172] of husband and wife, there was a strong
tendency to reject entirely perpetual divorce _a mensa et thoro_
as being a "relatively modern invention" unknown to the ancient
church; and a condition of life incompatible with the true ideal of
wedlock.[173] On the other hand, they generally favored complete
divorce _a vinculo_, admitting two or more grounds according as
they interpreted strictly or more liberally the scriptural texts.
For they still appealed to authority rather than to reason and
experience in their attempts to solve a great social problem. They
were thus often sorely embarrassed. Their writings, indeed, reveal
not a little of the casuistry and self-deception which so often
vitiate the reasoning of the canonists and their predecessors.[174]
[Footnote 171: The writings of Luther, Milton, and other
Reformation and Puritan writers abound in examples of such
charges. "For no cause, honest or necessary," says MARTIN BUCER,
"will they permit a final divorce: in the meanwhile, whoredoms
and adulteries, and worse things than these, not only tolerating
in themselves and others, but cherishing and throwing men
headlong into these evils. For although they also disjoin married
persons from board and bed, that is, from all conjugal society
and communion, and this not only for adultery, but for ill
usage, and matrimonial duties denied; yet they forbid those thus
parted to join in wedlock with others: but, as I said before,
any dishonest associating they permit."--"The Judgment of Martin
Bucer," in MILTON'S _Prose Works_, III, 292.]
[Footnote 172: GOESCHEN, _Doctrina de mat._, 60; also MEJER,
"Zur Geschichte des ält. prot. Eherechts," in _ZKR._, XVI, 47;
HUBRICH, _Das Recht der Ehescheidung_, 139 ff.]
[Footnote 173: _Cf._ ESMEIN, _Le mariage en droit canonique_, II,
308, 309. Throughout his _Doctrine and Discipline of Divorce_, as
elsewhere in his writings, MILTON insists that a real marriage
implies a full spiritual as well as conjugal companionship,
with which the theory of separation without dissolution is
inconsistent; and this is the common Puritan view.]
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