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
"Philip, landgrave of Hesse, in addition to Christina, the
daughter of the late duke George, to whom he had been united many
years, and by whom he had a large family, married on March 3,
1540, a lady named Margaret de Sala, and this with the consent of
the landgravine under her own hand and seal. Previous to this he
sought to obtain the sanction of Luther, Melanchthon, and Bucer,
whose want of firmness in this painful case has called forth the
most violent invectives from Vorillas and Bossuet, bishop of
Meaux."--_Ibid._, 666, note.]
[Footnote 226: Mal. 2:15, 16, which in the James version is
given: "Therefore take heed to your spirit, and let none deal
treacherously against the wife of his youth. For the Lord,
the God of Israel, saith that he hateth putting away: for one
covereth violence with his garment," etc. It may be noted that
MILTON, "Doctrine and Discipline of Divorce," _Prose Works_,
III, 196, following "Calvin and the best translations," renders
the passage from Malachi, "he who hates, let him divorce," thus
agreeing essentially with Bucer.]
[Footnote 227: BUCER, in MILTON, _Prose Works_, III, 297. _Cf._
JEAFFRESON, _Brides and Bridals_, II, 329-32, who believes
that these sentiments of Bucer, however shocking to us, were
accepted by the most "virtuous and devout" in the sixteenth and
seventeenth centuries.]
But positive evidence of the views of the Reformation Fathers has
been preserved for the time of Edward VI. Under Henry VIII. the
principles of the canon law touching divorce remained in full force,
except that by restricting the number of forbidden degrees to
those recognized by the Levitical code, and through the abolition
of pre-contracts, the chances for escaping the ties of marriage
by crooked ways were somewhat lessened.[228] The restoration of
pre-contracts[229] under Edward VI., however, caused the reformers
to fear lest the old evils growing out of clandestine unions and
nullification of false wedlock on the pretext of previous _sponsalia
de praesenti_ would also be revived; and this quickened their desire
for a formal settlement of the law of divorce in harmony with
the altered views of the English church. Accordingly, an act of
Parliament authorized the appointment of a commission of thirty-two
persons to prepare a "complete code of ecclesiastical laws."[230]
The commission selected in pursuance of this statute comprised
the most learned divines and lawyers of the Protestant party.
Their task was well performed; and their report, drafted mainly
by Cranmer and translated into Latin by Dr. Haddon and Sir John
Cheke, was submitted in 1552 under the title of _Reformatio Legum
Ecclesiasticarum_.[231]
[Footnote 228: By 32 H. VIII, c. 38. _Cf._ REEVES, _Hist. of Eng.
Law_, IV, 333-36; GLASSON, _Hist. du droit_, V, 89.
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