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
This code, though it was never put in force, perhaps in consequence
of the king's death, is regarded as a faithful index of Protestant
opinion. Before referring to its treatment of the question of
divorce, some of its general provisions may be mentioned. These
often show the strong common-sense and lofty moral purpose of its
framers. The consent of the parent or guardian is made necessary to
a valid marriage. Children whose reasonable desires in matrimony
are hindered by the caprice or unkindness of those having authority
over them are granted the right of appeal to the ecclesiastical
magistrate, who may give redress. Aged women are advised to forbear
from wedlock with young men. A marriage secured through fear or
violence is rendered void. An attempt is also made through severe
penalties to check those crimes against women which, as elsewhere
shown, were first effectively dealt with during the Puritan
Commonwealth.[232] "They ordered that the betrayer of a virgin
should be excommunicated until he had married his victim, if it was
in his power to wed her; or until he had assigned to her a third
of his property, or made some other sufficient arrangement for the
support of her offspring," if on account of legal impediment he
could not make her his wife.[233]
[Footnote 232: See chap. x, sec. i, pp. 421-23 above.]
[Footnote 233: JEAFFRESON, _op. cit._, II, 322.]
Hereafter, according to the report, spiritual affinity is not to
count as an impediment to matrimony. Separation _a mensa et thoro_
is not recognized; but complete divorce _a vinculo matrimonii_ is
granted "in cases of extreme conjugal faithlessness; in case of
conjugal desertion or cruelty; in cases where a husband, not guilty
of deserting his wife, had been for several years absent from her,"
provided there be reason to believe him dead; "and in cases of such
violent hatred as rendered it in the highest degree improbable that
the husband and wife would survive their animosities and again love
one another;"[234] but separation is not permitted for frequent,
though not incessant or vehement, quarrels.[235] Divorce is denied
where both partners are guilty of unfaithfulness; and when one is
guilty, only the innocent spouse is permitted to contract another
marriage. Self-divorce is forbidden. In all cases it is the province
of the ecclesiastical court to determine whether there exists a just
cause for separation.[236] Finally, it may be noted that adultery
as a crime is severely dealt with, though the commissioners do not
go to the length of prescribing capital punishment, as some of the
English reformers would have desired. The guilty husband, if a
layman, shall "restore to his injured wife whatever possessions she
had brought him, and also surrender to her one-half of all his other
property. He was, moreover, sentenced to exile or imprisonment for
life. Convicted of the same offence, the wife lost her dower and all
interest in her husband's property, and was consigned to life-long
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