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such as the law can provide . It is important to recognise this last fact , in order that those who have any hopes upon the subject may use their best diligence to procure an improvement in the law ; and in order that those who have no such hopes may take the best measures they can for mitigating the evils under which they labour , without seeking redress by the recognised methods . . . „_
The report goes too far , in the opinion of Lord Redesdale , one of the members of the Commission . But the grounds on which he takes his footing are substantially the same as those upon which the committee itself stands ; and Ave recognize in the argument which he advances against further reform , the usual assumptions on which the advocates of the present English marriage law rest . Certain truths are taken for granted , although they would not by ordinary reasoners be considered as first principles ; and although in the practice of society they are not obeyed as first principles . Lord Eedesdale ' s ground is , that " the law of God , " as expounded in the New Testament , declares that man and
woman are one flesh , nevermore to be putasunder . Nevertheless , although he takes that high stand , lie also deigns to use the low argument " ah inconvenienti ; '" and although in intolerable cases of cruelty or adultery he would grant a divorce a mensd et thoro , he would absolutely prohibit divorce from the marriage bond , because he thinks that the terrible consequences of
separation would induce married couples to bear with each other ; and that subsequent exclusion from virtuous society would be a penalty which will deter people from sin . The other Commissioners also consider that " our laws have wisely denied divorces a mensd et thoro in cases of mere dislike , contrariety of temper , neglect , or voluntary arrangements , " because such facilities would promote frivolous quarrels and separations .
It will be observed , that the conclusion of the report is , that such evils are not worth , consideration . They totally disregard the incidents of indissoluble marriage as they exist in society , and the conscientious obligations other than those based upon the established view of the Scriptures . Under the present law there are many reasons which , render cohabitation intolerable to one or other of the persons bound , and yet no
release can be obtained . Tyrannical conduct , if it stops short of that excessive brutality which the law recognises as " cruelty , " is no reason . A man may ill-treat his wife , may use violence towards her , may put a force upon her feelings , may render life intolerable to every sense of pride , trust , or affection , may humiliate her to a degree of intolerable yet incessant suffering , and yet not only must she remain bound to him , unable to wed elsewhere , but she cannot leave his
house , nor withdraw herself from being practically his servant . On the other hand , a man wedded to a woman who has voluntarily become an intolerable companion , —who is sottish , immoral , and guilty of every wrong , except " infidelity" to him , or felony , cannot securely make any provision for her apart from himself . One j > ei \ son wedded to another who has lost every power of fulfilling any of the relations of wedded fife , —who has become hopelessly lunatic , and can be no consort , nor companion , nor helpmate ,
must still remain in a condition of practical ¦ widowhood . Although the temper of the two is bo incompatible that actual living together is imposBioTe , atill they can only attain a separate existence , even under mutual agreement , by a breach of the law ; and then they must either buIjmit to a life of celibacy or must , through further breaches of the law , entail disabilities upon their offspring . These aro evils which the CommisNion does not propose to touch at all . class of facts
There is another remarkable which the Commission also deliberately overlooks , and treatH as if they were non-existent . It is not iho evils which persons undergo through obedience to the present law , but the occurrence of consequences attending the enforcement of the law . For example : Sir Stephen Lushington ia asked" Would not Iho impossibility of the husband cohabiting conjugally witb an adulterous wi / i ' , and , ihoruforo , his beiiiR Hepnrated from her wholly , tend , in young or umldle-u ^ od ]> i m > nn , to produce pronitfftfiy on the pint of the husband ? " "No doubt , " lio l nplien , " it univerKftlly dona . Whore , in the Courts of l ) o < ' . tors' CoiimuuiH , wt > arc under the neeemnty of refusing a HOpurution , by reason that both parties are to
blame , or -where there has been something in the conduct of the husband which doeB not entitle him to it , it follows , almost as a necessary consequence , in the present state of society , that both parties have led an immoral life afterwards . " " Does it not consist with your experience in cases in which" even that remedy , A separation a mensd et thoro , has beeu refused , the parties have led an unchaste life in consequence ?"— " Assuredly . "
And there is a great deal more to the same effect . In short , we have it on authority , that the operation of a law which recognises the impropriety of cohabitation between two persons , hut disqualifies them for marriage again , constantly results in what , according to the same authority , is " immoral life ; " and yet there is no attempt at reform ! The Commission treats the subject of marriage as if the model were in all cases , or at least in nearly all cases , realized ; instead of which , the whole evidence patent to persons in the position of the officials examined , and to all who have investigated the subject , is , that the impracticability of carrying the law out , is established by its constant and extensive infractions .
We understand something of the causes which make the most experienced authorities on the subject contented with things as they are , when we see the point from which they start . Their morals would be exactly suited to a nation which should absolutely believe in the inspiration of a particular volume in every part ; which should receive its laws as final , somewhat as the Mussulman regard the Koran ; which should not vary in its interpretation of that volume , ana should be content practically to take that volume or its unfailing , sufficing , and abiding rule of
life . Theoretically , that is the position of the Scriptures , and practically it is the presumption from which the Commissioners start . We may ask . however , whether it is a right description of the English people ? The most enthusiastic and hopeful of missionaries in any sect will confirm us in the assertion , that it does not describe the English people ' . According to the most " serious " persons , the large majority of the English people are sinners ; that is , persons who deviate from the practice , if not from the belief , of the particular standard in question . The whole community is cut up into sects , the majority of which deny that each particular one in turn has got
hold of the right interpretation . And , under the veil of conformity , there exists a very vast number of people who more or less deny the authority of the volume to which we refer . Now , these persons are called upon to obey a moral code which starts upon the presumption , that texts , casually occurring in a narrative of events which happened one thousand eight hundred and fifty years ago , are absoluto and final laws for us existing at the present time in England . Assuming that authority to bo universally recognised , when it is not so ; assuming that the life of society conforms to that standard , when it does not ; our legislators maintain laws suited to an ideal existence as it was imagined , or was
supposed to have been imagined , by persons at that distant date , but which has no resemblance to the- actual state of life in England . Society at large is content to submit to laws thus iished up for it from the repertory of doubtful antiquities , rather than bring the question \ ipon which it is based to an immediate issue . Each sect is so anxious to force its convictions upon its neighbours , that it falls into the conspiracy with others , obliging everybody to belong to some sect ; and the consequence is , that we are ruled by sectarian laws . There are , indeed , n number amongst us , who differ from sectarian views , —a number , whose
opinions on sociology : iro based on positive science , though not unaccompanied by a spirit ol enquiry into religious truth ; but these persons have boon brought up ho generally in the habit of conformity , to earn the title of " respectable , " that they dare not raise the contest about the authority . We conclude then that laws suited to secure practical happiness , in real life , will be atto decl lor
tained when we really a ^ reo are- our thoughts , the freedom which we exercise secretly ; and people will bo able to make their arrangements in life by tho light of thoirown conscience , and the highest form of science to which we have attained , when they shall have emancipated not onl their thoughts , but their tongues , for direct , ana practical discussion . In Iho meanwhile , wo leave the rule of . our own
daily life in the hands of a sectarian and antiquarian fraternity—the " civilians . " The Commissioners had resolved , as they did , not to extend divorce beyond adultery , nor separation beyond adultery and cruelty , —before they had examined any but professionaland official persons , concerned , not ia the real working of the laws , but only in their forms . Lord Brougham , indeed , furnishes the narrative of one cruel case , in which a virtuous and industrious lady , too poor to obtain a divorce by act of Parliament , is bound to a cruel and profligate husband . And who that has possessed exnftrifinee under the workine of the law , —who
that could tell of the actualhfe that people undergo , —who that could explain how the forms ot courts and judges inflict misery , and withhold happiness , —who , thus informed , was called up to speak the truthP Alas ! the truth was not the thing into which the Commissioners sought to enquire . They presume a fallacy , and perpetuate a falsehood .
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RICH CURATES AND STARVING BISHOPS . Once again we are called upon to notice some ugly facts in Church contemporary aist ° ry 5 n 0 * new by any means , but as old as the hills , and as dificult to abolish ; parts of a system which seems to need , not such a mild measure as the knife , but something very like a " general overturn ; " injustice , which if it cry not to Heaven , stands a good chance of being remembered in " another lace . "
p The sores of the Church are many ; some of her children complain of the tyranny of state control ; others of episcopal domineering ; others of rank Erastianism ; we of the anarchy of belief ; but not the least evil is that which springs from the root of all evil , that which probably embraces and includes most of the other evilsgreed of money . In the Church of Jesus Christ , who , it is needful to remind Churchmen , had no rank , kept up no state , was not whirled about in table hed with
sumptuous carriages , sat at no Bupp . French cookery , was not attended by a swarm of servants , and possessed no estates or moniesin the Church of him , who set the example of humility , we find none to imitate him . His Church was the heart of man ; the Church of his successors is penned off into " livings . " His disciples lived to teach , and , if need were , died to teach ; they did not teach to live . Strange perversion , the former is now impracticable in the Established Church . Respectability has
become sanctified b y the lawn and the mitre , the palace and stall , and other comfortable shelter . The Son of Man knew not where to lay his head , so that he stood at considerable disadvantage compared with foxes and birds ; but the sons of the Church , at least some , know well enough not only where to lay their heads , but take care that the place shall bo soft , and the environments luxurious . How shall a man preach if he be not well dressed P How shall a man teach if he bo not respectable P _ Would Dives respect him , sit under him , pay him
pewrents , if his coat were patched , and his table not frugal , but scantily supplied with ' beggars' faro . It ia not the soul , but the neck-tie , which must be washed white with the whitewash of respectability . Hich curates , rich in fruitful words and kind acts , and consolation for the poor , and ready to part with their small substance for the poor too—these wo have known—but not many ; poor bishops , poor in Bjririt , pitiful in public conduct , profuse of charity Bermons and ostontatious of charities—satires on their own livesthese wo have heard of , pretty frequently . Who
live by keeping wills that aro not kept ; by superintending parishes , by deputy ; by holding canonries and prebendaries , doing duty at dinner , seldom elsewhere ; by appropriating the proceeds of charities , and robbing tho widow and the orphan F These be the descendants of tho Apostles whom a shameful system has placed in a false , but undeniably comibrtablo position . Wo do not rail at them personally ; we state facts . Tho Church is a profession ; tho ( rare of H 011 I 3 a livelihood ; does it not rank with tho killing and wrangling professions — tho bearskin and tho horse-hair wig ? Is it not a tavern toastP
. Possessed of enormous revenues we know the Church to be . Crowded with anxious ministers wo know it , to be also . Unequal distribution of revenue and the things of this world , wo nave been prepared for by parliamentary mid other reports . But we candidly confess we were not prepared for a state of things revealed to iho
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3 * 4 THE LEADER . £ BA * irti * A ¥ >_
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Citation
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Leader (1850-1860), April 16, 1853, page 374, in the Nineteenth-Century Serials Edition (2008; 2018) ncse2.kdl.kcl.ac.uk/periodicals/l/issues/vm2-ncseproduct1982/page/14/
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