have explained. After the
Reformation the matter at once assumed a different aspect because all
Protestants agreed in denying that marriage is a sacrament. Scotland in
this as in other respects has been more liberal than England; as early
as 1573 desertion as well as adultery had become grounds for divorce.
But in England the force of the canon law continued. In Blackstone's day
there were still, as under the canon law, only two kinds of separation.
Complete dissolution of the marriage tie (_a vinculo matrimonii_) took
place only on a declaration of the Ecclesiastical Court that on account
of some canonical impediment, like consanguinity, the marriage was null
and void from the beginning. Separation "from bed and board" (_a mensa
et thoro_) simply gave the parties permission no longer to live together
and was allowed for adultery or some other grave offences, like
intolerable cruelty or a chronic disease. However, some time before
Blackstone's day it had become the habit to get a dissolution of
marriage _a vinculo matrimonii_ for adultery by Act of Parliament; but
the legal process was so tedious, minute, and expensive that only the
very rich could afford the luxury.[401] In the case of a separation _a
mensa et thoro_ alimony was allowed the wife for her support out of her
husband's estate at the discretion of the ecclesiastical judges.
The initiative in divorce by Act of Parliament was usually taken by the
husband; not until 1801 did a woman have the temerity so to assert her
rights. The fact is, ever since the dawn of history society has, with
its usual double standard of morality for men and women, insisted that
while the husband must never tolerate infidelity on the part of the
wife, the wife should bear with meekness the adulteries of her husband.
Plutarch in his _Conjugal Precepts_ so advises a wife; and this pious
frame of mind has continued down the centuries to the present day.
Devout old Jeremy Taylor in his _Holy Living_--a book which is read by
few, but praised by many--thus counsels the suffering wife[402]: "But
if, after all the fair deportments and innocent chaste compliances, the
husband be morose and ungentle, let the wife discourse thus: 'If, while
I do my duty, my husband neglects me, what will he do if I neglect him?'
And if she thinks to be separated by reason of her husband's unchaste
life, let her consider that the man will be incurably ruined, and her
rivals could wish nothing more than that the
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