A Short History of Women's Rights: From the Days of Augustus to the Present Time. with Special Reference to England and the United States. Second Edition Revised, With Additions.Hecker, Eugene A. (Eugene Arthur)
History
A Short History of Women's Rights: From the Days of Augustus to the Present Time. with Special Reference to England and the United States. Second Edition Revised, With Additions.
Hecker, Eugene A. (Eugene Arthur)
Women's rights -- History
The Church is seen in its fairest light in its provisions to protect the
wife from sexual brutality on the part of her husband, and it deserves
high praise for its stand on such matters.[384] Various other laws show
the same regard for the interests of women. A man who was entering
priestly office could not cast off his wife and leave her destitute, but
must provide living and raiment for her.[385] Neither husband nor wife
could embrace the celibate life nor devote themselves to continence
without the consent of the other.[386] A man who cohabited with a woman
as his concubine, even though she was of servile condition or
questionable character, could not dismiss her and marry another saving
for adultery.[387] Slaves were now allowed to contract marriages and
masters were not permitted to dissolve them.[388]
[Sidenote: Divorce.]
It has always been and still is the boast of the Roman Catholic Church
that it has been the supreme protector of women on account of its stand
on divorce. Says Cardinal Gibbons[389]: "Christian wives and mothers,
what gratitude you owe to the Catholic Church for the honorable position
you now hold in society! If you are no longer regarded as the slave, but
the equal, of your husbands; if you are no longer the toy of his
caprice, and liable to be discarded at any moment; but if you are
recognised as the mistress and queen of your household, you owe your
emancipation to the Church. You are especially indebted for your liberty
to the Popes who rose up in all the majesty of their spiritual power to
vindicate the rights of injured wives against the lustful tyranny of
their husbands." In view of such a claim I may be justified in entering
a somewhat more detailed account of this subject.
On the subject of divorce the Roman Catholic Church took the decided
position which it continues to maintain at the present day. Marriage
when entered upon under all the conditions demanded by the Church for a
valid union is indissoluble.[390] A separation "from bed and board"
(_quoad thorum seu quoad cohabitationem_) is allowed for various causes,
such as excessive cruelty, for a determinate or an indeterminate period;
but there is no absolute divorce even for adultery. For this cause a
separation may, indeed, take place, but the bond of matrimony is not
dissolved thereby and neither the innocent nor the guilty party may
marry again during the lifetime of the other partner.
All this seems very rigorous. It is true that the Roman Catholic Church
does not permit "divorce." But it allows fourteen cases where a marriage
can be declared absolutely null and void, as if it had never existed;
and in these cases the man or woman may marry again. To say that the
Roman Church does not allow divorce is, therefore, playing upon words.
The instruments used to render its strict theory ineffective are
"diriment impediments" and "dispensations."
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