Law -- England; Poor -- England; Poor laws -- England; Working class -- England
Cranmer's "Reformatio Legum Ecclesiasticarum" contains some of the best
sense about divorce law reform that I have ever read. Its proposals are
moderate, sensible and in harmony with the religious ideas of his day,
which seem to have been broader and more rational than those of to-day.
Had Edward VI. lived a little longer Cranmer's treatise would have been
enacted as the statute law of the country. It is pitiful to think of the
four hundred years of misery and injustice under which the citizens of
this country have suffered in matters relating to divorce owing to a
change of Government in 1553. The Scots did better out of the Reformation
and have had a more or less satisfactory divorce law in working order
since that date.
Shortly, the propositions that Cranmer proposed were these, and they will
be found, I think, to run parallel with the views of the common-sense
citizen of to-day. He laid down the command that no husband or wife may
abandon the other of his or her own free will and, in order that this
might be a practical ideal, he set down the causes for which the Courts
were to grant relief. Divorce was allowed for adultery, unless both
parties were guilty; desertion; the unduly protracted absence of the
husband; or the deadly hostility of the parties. Prolonged ill-treatment
of the wife gave her a right to divorce, but even here, as long as there
was any hope of improvement, the duty of the ecclesiastical judge was to
reason with the husband and make him give bail for good behaviour. Only in
the last resort must "she on her part be helped by the remedy of divorce."
Great stress is laid throughout the treatise on the desirability of
reconciliation. "Since in matrimony there is the closest possible union
and the highest degree of love that can be imagined, we earnestly desire
that the innocent party should forgive the guilty and take him back again
should there seem to be any reasonable hope of a better way of life."
Practical effect was to be given to this principle by the Court before
proceeding to divorce.
Cranmer was entirely at one with the more advanced thought of to-day in
his detestation of "separation orders." Separation without divorce was, he
realised, an overture to immorality.
Public-domain text, read in full here on John Shaqi.
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