The Church: Her Books and Her SacramentsHolmes, E. E. (Ernest Edward)
Religion
The Church: Her Books and Her Sacraments
Holmes, E. E. (Ernest Edward)
Church of England; Sacraments -- Church of England
Hence, among other reasons, the marriage union between one man and one
woman is {108} indissoluble. For marriage is not a mere union of
sentiment; it is not a mere terminable contract between two persons,
who have agreed to live together as long as they suit each other. It
is an _organic_ not an emotional union; "They twain shall be one
flesh," which nothing but death can divide. No law in Church or State
can unmarry the legally married. A State may _declare_ the
non-existence of the marriage union, just as it may _declare_ the
non-existence of God: but such a declaration does not affect the fact,
either in one case or the other.
In England the State does, in certain cases, declare that the life-long
union is a temporary contract, and does permit "this man" or "this
woman" to live with another man, or with another woman, and, if they
choose, even to exchange husbands or wives. This is allowed by the
Divorce Act of 1857,[2] "when," writes Bishop Stubbs, "the calamitous
legislation of 1857 inflicted on English Society and English morals
{109} the most cruel blow that any conjunction of unrighteous influence
could possibly have contrived".[3]
The Church has made no such declaration. It rigidly forbids a husband
or wife to marry again during the lifetime of either party. The Law of
the Church remains the Law of the Church, overridden--but not repealed.
This has led to a conflict between Church and State in a country where
they are, in theory though not in fact, united. But this is the fault
of the State, not of the Church. It is a case in which a junior
partner has acted without the consent of, or rather in direct
opposition to, the senior partner. Historically and chronologically
speaking, the Church (the senior partner) took the State (the junior
partner) into partnership, and the State, in spite of all the benefits
it has received from the Church, has taken all it could get, and has
thrown the Church over to legalize sin. It has ignored its senior
partner, and loosened the old historical bond between the two. This
the Church cannot help, and this the State fully admits, legally
absolving the Church from taking any part in its mock re-marriages.
{110}
(II) WHAT IS ITS ESSENCE?
The essence of matrimony is "mutual consent". The essential part of
the Sacrament consists in the words: "I, M., take thee, N.," etc.
Nothing else is essential, though much else is desirable. Thus,
marriage in a church, however historical and desirable, is not
_essential_ to the validity of a marriage. Marriage at a Registry
Office (i.e. mutual consent in the presence of the Registrar) is every
bit as legally indissoluble as marriage in a church. The not uncommon
argument: "I was only married in a Registry Office, and can therefore
take advantage of the Divorce Act," is fallacious _ab initio_.[4]
Public-domain text, read in full here on John Shaqi.
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