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 is, indeed, convincing evidence of the changed opinion of the
English church. Nor can it be questioned that throughout nearly
the whole of Elizabeth's reign popular practice was in harmony
with the doctrine thus proclaimed.[244] New marriages were freely
contracted after obtaining divorce from unfaithful partners.[245]
Clear evidence of this fact is afforded by Bunny, himself strongly
opposed to the liberal tendency.[246] As a matter of fact, popular
custom, sustained by the profound sentiment of the Reformed clergy,
was fast ripening into a law as valid as any which a legislature
could enact. Such a tendency, however, could not fail to become
more and more obnoxious to many of the leaders of the established
clergy, as Elizabeth's reign progressed. Archbishop Whitgift
defends the ancient divorce jurisdiction of the spiritual courts
against Cartwright,[247] and the Puritan party is treated with
ever-increasing rigor. Still the reactionary canons passed by the
Chamber of Convocation in 1597, doubtless designed to check what
was already looked upon as a dangerous abuse, bear witness to its
continued existence; if indeed by implication, as is powerfully
argued, they do not directly sanction the dissolution of marriage
through divorce.[248]
[Footnote 244: According to the _Report of the Commissioners,
1852-3_, 5, divorce was allowed during the period 1550-1602.]
[Footnote 245: See, however, WOOLSEY, _Divorce_, 170, 171, 313,
who, insisting that the ancient canon law was unchanged, remarks
that "for a number of years, although remarriage after divorce
was null and void, so that the issue would not be legitimate,
no civil penalties were attached to it, and it was punishable
only by ecclesiastical censures." Hence many married "without
scruple." _Cf._ CRAIK, _Romance of the Peerage_, I, Appendix,
upon whom Woolsey relies; and JEAFFRESON, _Brides and Bridals_,
II, 323, 324, who holds that the decision of the delegates in the
Northampton case was "good law" until 1602.]
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