Law -- England; Poor -- England; Poor laws -- England; Working class -- England
Now if there is one thing which the evidence before the Commission puts
beyond doubt it is that the law in relation to separation orders induces,
invites, and causes immorality in the poor. Cranmer, you remember, knew
all about that, and looked on separation without the right to remarry as
an unclean thing. But since the sorrows of the poor in their marriage
shipwrecks were so manifest, and the Divorce Court was closed to them,
systems of magisterial separation orders, cheap permanent divorces,
without the right to marry again, have become the order of the day.
There are some six thousand of these decrees made annually. The evidence
is overwhelming as to the evils that spring from these orders. As Mrs.
Tennant reports, "I believe that separation orders, the general
alternative offered to divorce, work badly in working-class houses, and on
the whole make for an increase rather than a diminution of immorality. We
have to consider housing conditions and economic circumstances which often
do not make for clean or wholesome ways of life, and where the relief
offered by separation is not only inadequate but positively mischievous."
Put in plainer terms by the witnesses, a labouring man, if he has to find
a home for his children, has to find a woman to keep house for him; a
woman of the same class has to pay a rent, which necessitates the taking
in of a lodger. Human nature being what it is, it seemed superfluous to
appoint a Royal Commission of trusty and well-beloved ones to tell us what
would happen. This is a system that the Archbishop of York thinks
"probably fulfils its purpose fairly well."
Of course, it all depends what its purpose may be. If it is its purpose to
stand in the way of cheap divorce and the rights of the poor to have the
same chance of rescue from a shipwrecked marriage that the rich possess,
all is indeed well. But if the object of the law is to bring to those who
are weary and in misery some hope of a new life and a new home where
children can be born without shame and the parties can live in accordance
with the wishes of themselves and their neighbours, then with all respect
to the Primate of England, the law is probably fulfilling its purpose very
damnably.
It is only fair, of course, to remember that the Archbishop of York and
his learned colleagues of the Minority Report never meet Fred and Jane and
George and Anna in real life, and can know no more about such folk at
first hand, and have as little chance of understanding their point of
view, as I have of studying and comprehending the sociological limitations
of the higher priesthood.
Public-domain text, read in full here on John Shaqi.
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