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 favorite metaphor of the reformers is also employed by Master
Henry Smith. In his _Preparation to Marriage_, written in the reign
of Elizabeth, divorce is described as the "rod of mariage" and the
"medicine of adultery." If duty be done, he says, "then I need not
speake of divorcement, which is the rod of mariage and divideth them
which were one flesh, as if the bodie and soul were parted asunder.
But because all performe not their wedlocke vowes, therefore He
which appointed mariage hath appointed divorcement, as it were,
taking a privilege from us when we abuse it. As God hath ordained
remedies for every disease, so He hath ordained a remedie for the
disease of mariage. The disease of marriage is adultery, and the
medicine thereof is divorcement."[220]
[Footnote 220: MASTER HENRY SMITH, _Preparation to Marriage_:
quoted by JEAFFRESON, _Brides and Bridals_, II, 294, note.]
Nearly all the English reformers of the sixteenth century
agree in rejecting separation from bed and board as a "papist"
innovation; and they are equally unanimous in allowing the man
for unfaithfulness to put away his wife and contract another
marriage.[221] Prevailing opinion appears also to have accorded the
same privilege to the woman on like provocation; but there were
undoubtedly some in the Protestant ranks who were not so liberal in
her behalf. In particular this seems to be the correct inference
to be drawn from the antagonism and excitement caused by the bold
position of Hooper,[222] who won a perilous distinction through his
sensible demand for even justice to the sexes in this regard.[223]
According to the common view, malicious desertion on the part
of either spouse is a second scriptural ground for the complete
dissolution of wedlock. The singular logic through which the words
of Paul are made to sustain this distinctively Protestant doctrine
may be illustrated by a typical example. "But to our purpose,"
exclaims Tyndale, "what if a man run from his wife and leave her
desolate? Verily, the rulers ought to make a law, if any do so and
come not again by a certain day, as within the space of a year or
so, that then he be banished the country; and if he come again, to
come on his head, and let the wife be free to marry when she will."
But how is this liberty to be reconciled with the words of Paul who
allows a brother or sister a divorce when deserted by an unbelieving
spouse? Easily; for elsewhere "he saith, 'If there be any man that
provideth not for his, and namely for them of his own household,
the same denieth the faith, and is worse than an infidel.' And even
so is this man much worse to be interpreted for an infidel, that
causeless runneth from his wife."[224]
[Footnote 221: _Cf._, for example, BECON'S "Catechism," _Works_,
II, 647; and his "Prayers," _ibid._, III, 532; TYNDALE,
_Expositions_, 51, 52; Bucer in MILTON'S _Prose Works_, III, 299,
300, who grants this cause to both parties.]
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