Marriage, As It Was, As It Is, and As It Should Be: A Plea for ReformBesant, Annie
Philosophy
Marriage, As It Was, As It Is, and As It Should Be: A Plea for Reform
Besant, Annie
Marriage -- Great Britain; Marriage law -- Great Britain
In England--owing to the extreme conservatism of the English in all
domestic matters--the Protestant view of marriage made its way very
slowly. Divorce remained within the jurisdiction of ecclesiastical
courts, and these granted only divorces _a mensâ et thoro_ in cases
where cruelty or adultery was pleaded as rendering conjugal life
impossible. These courts never granted divorces a _vinculo matrimonii_,
which permit either--or both--of the divorced persons to contract a
fresh marriage, except in cases where the marriage was annulled as
having been void from the beginning; they would only grant a separation
"from bed and board," and imposed celibacy on the divorced couple until
one of them died, and so set the other free. There was indeed a report
drawn up by a commission, under the authority of 3 and 4 Edward VI., c.
ii., which was intended as a basis for the re-modelling of the marriage
laws, but the death of the king prevented the proposed reform; the
ecclesiastical courts remained as they were, and absolute divorce
was unattainable. Natural impatience of a law which separated unhappy
married people only to impose celibacy on them, caused occasional
applications to be made to Parliament for relief, and a few marriages
were thus dissolved under exceptional circumstances. In 1701, a bill
was obtained, enabling a petitioner to re-marry, and in 1798, Lord
Loughborough's "Orders" were passed. By these orders, no petition could
be presented to the House, unless an official copy of the proceedings,
and of a definitive sentence of divorce, _a mensâ et thoro_, in the
ecclesiastical courts, was delivered on oath at the bar of the House at
the same time (Broom's "Comm.," vol. iii. p. 396). After explaining
the procedure of the ecclesiastical court, Broom goes on: "A definitive
sentence of divorce _a mensâ et thoro_ being thus obtained, the
petitioner proceeded to lay his case before the House of Lords in
accordance with the Standing Orders before adverted to, and, subject to
his proving the case, he obtained a bill divorcing him from the bonds of
matrimony, and allowing him to marry again. The provisions of the
bill, which was very short, were generally these:--1. The marriage was
dissolved. 2. The husband was empowered to marry again. 3. He was given
the rights of a husband as to any property of an after-taken wife. 4.
The divorced wife was deprived of any right she might have as his widow.
5. Her after-acquired property was secured to her as against the husband
from whom she was divorced. In the case of the wife obtaining the bill,
similar provisions were made in her favour" (p. 398). In 1857, an Act
was passed establishing a Court for Divorce and Matrimonial Causes, and
thus a great step forward was taken: this court was empowered to grant
a judicial separation--equivalent to the old divorce _a mensâ et
thoro_--in cases of cruelty, desertion for two years and upwards, or
adultery on the part of the husband; it was further empowered to grant
Public-domain text, read in full here on John Shaqi.
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