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
_a_) _The views of Milton._--With the opening of the Stuart
era, therefore, a reactionary policy with respect to divorce
was established. For two centuries and a half thereafter the
principles of the ancient canon law were administered by the English
spiritual courts. In fact, it was now more difficult than before
the Reformation to escape the marriage tie;[255] for the papal
dispensation could grant no relief, and in consequence of the
decrease in the number of restraints to a valid marriage, the decree
of nullity was not so often a convenient subterfuge. Only the rich
or noble were able to afford the costly remedy of a special act of
Parliament to cure their matrimonial ills. Hence it is not a little
surprising that the Puritan Revolution brought with it no change
in this regard. One would naturally expect the Independents under
Cromwell's leadership, by whom the remarkable civil-marriage law
of 1653 was conceived, to relegate the whole matter of divorce and
nullity to the temporal courts under proper legal conditions; yet
there seems to be no record of such a course.
[Footnote 255: JEAFFRESON, _Brides and Bridals_, II, 315, perhaps
with too much emphasis, thus describes the effects of 32 H.
VIII., c. 38: "It rendered wedlock easier of entrance, but closed
all the many gates which had hitherto afforded spouses the means
of escape from conjugal wretchedness.... The Elizabethan jest,
that compared matrimony to a public rout, was no less applicable
to wedlock in Catholic than to marriage in Protestant England;
but whereas our ancestors before the Reformation could always get
out of the press by a few permissible falsehoods and the payment
of money, the marriage law of Protestant times declared that,
having once forced their way into the crowd, they should remain
in it till death came to their relief."]
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