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
_b_) _Opinions of the English reformers._--The Fathers of English
Protestantism as a body are more conservative than their brethren
across the channel.[217] By the chiefs of the really reforming or
Puritan party among them, however, ideas scarcely less bold than
those of Luther or Calvin are advanced. The same arguments are used
and the same causes of separation are admitted. But these ideas
ultimately find no place in the canons of the established church.
Under Edward VI. the leaders of the Protestant movement defend their
position. "Strongly disapproving the excessive liberty of divorce
which the ecclesiastical tribunals had for generations afforded to
society, they were not less unanimous in condemning the doctrine
of the absolute indissolubility of wedlock. If it was wrong on the
one hand to allow husbands and wives the liberty of separating on
frivolous pretexts, and to provide the fortress of marriage with
numerous gates of egress, whose double locks obeyed the pass-keys of
perjury and corruption; it was on the other hand no less hurtful to
society and impious to God to constrain a pair of human creatures
in the name of religion, to persevere in an association, that could
not accomplish the highest purposes of matrimony, and debarred the
ill-assorted couple from the serene and wholesome pleasures of
Christian life."[218]
[Footnote 217: _Cf._ LECKY, _Democracy and Liberty_, II, 200;
GLASSON, _Le mariage civil et le divorce_, 310, 311; and _idem_,
_Histoire du droit_, V, 89 ff.]
[Footnote 218: JEAFFRESON, _Brides and Bridals_, II, 316.
This summary really gives the gist of MILTON'S argument in
his "Doctrine and Discipline of Divorce," _Prose Works_, III,
169-273.]
The average sentiment of the age is quaintly expressed in
Bullinger's _The Christen State of Matrimonye_, translated by Bishop
Miles Coverdale in 1541. "That is called iuste diuorce, when as
nether partye maye take the tother agene, so it is in the lybertye
of the fawtlesse partye to mary another." Such a "divorce is
permitted of god for the welth and medicine of man and for amendment
in wedlok. And like as all maner of medicynes and specially some
as they that go nyest death as to cut of whole membres ... are
very terrible. So is divorce indede a medicyne, but a perilous and
pitefull.... The papistes haue forbydden the innocent and vnguiltye
parte to marye after the diuorce made: Which yt was no thinge els
but euen violently to cast a snare about poore peoples neckes, and
to drawe them vnto vyce and synne. For the diuorced coulde not
refrayne, and mary they were not permitted, therfore with violence
were they forced into whordome."[219]
[Footnote 219: _The Christen State of Matrimonye_, lvs. lxxvi,
lxxvii.]
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