The Real Shelley. New Views of the Poet's Life. Vol. 2 (of 2)Jeaffreson, John Cordy
History
The Real Shelley. New Views of the Poet's Life. Vol. 2 (of 2)
Jeaffreson, John Cordy
Poets, English -- 19th century -- Biography; Shelley, Percy Bysshe, 1792-1822
This state of things, however, came to an end with the Reformation. By
sweeping away all the canonical restrictions on matrimony, not ordered by
Scripture, the statute, 32 Henry VIII., c. 38, increased greatly the
freedom of marriage; but at the same time destroyed the liberty of divorce
enjoyed by our ancestors throughout successive centuries. Rendering
matrimony easier of entrance, it closed all the many gates, which had
hitherto afforded spouses the means of escape from conjugal wretchedness.
The chiefs of the Protestant party in Edward the Sixth’s time had,
however, no wish to perpetuate the condition of affairs, directly
consequent on Henry the Eighth’s mere abrogation of the non-scriptural
impediments to marriage. Condemning strongly the excessive liberty of
separation, which the ecclesiastical tribunals had for generations
afforded to society, they were no less unanimous in condemning the
doctrine of the absolute indissolubility of wedlock. If it was wrong on
the one hand to allow husbands and wives the liberty of separating on
frivolous pretexts, and to provide the fortress of marriage with numerous
gates of egress, whose double locks obeyed the pass-keys of perjury and
corruption; it was on the other hand no less hurtful to society and
impious to God, to constrain a pair of human creatures, in the name of
religion, to persevere in an association, that could not accomplish the
highest purposes of matrimony, and debarred the ill-assorted couple from
the serene and wholesome pleasures of Christian life. These were the views
of the Anglican leaders; views that found precise and memorable expression
in the famous code of ordinances (the _Reformatio Legum Ecclesiasticarum_)
prepared for the reformation of our ecclesiastical laws by Edward the
Sixth’s thirty-two commissioners for that purpose, who, doing away with
the minor divorce (_a mensâ et thoro_), decided that the divorce _a
vinculo matrimonii_ should be the only kind of matrimonial severance known
to English law, and that it should be granted, (1) in cases of extreme
conjugal faithlessness; (2) in cases where a husband, not guilty of
deserting his wife, had been for several years absent from her, under
circumstances which justified her in concluding that he was dead; (3) and
in cases of such violent hatred as rendered it in the highest degree
improbable, that the husband and wife would survive their animosities and
again love one another; it being expressly directed that this last
provision should not be construed as affecting spouses whose quarrels,
though frequent and distressing, were neither incessant nor in the highest
degree vehement. Had Edward the Sixth lived only a little longer these
ordinances would have become the law of the land;--law which, though
suppressed on the accession of Mary Tudor, would have been revived on the
rise of Elizabeth, and handed down to the present time.
Public-domain text, read in full here on John Shaqi.
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