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Table of contents
THE CONQUEST OF THE VENEREAL DISEASES-8.1
THE CONQUEST OF THE VENEREAL DISEASES-8.2
THE CONQUEST OF THE VENEREAL DISEASES-8.3
THE CONQUEST OF THE VENEREAL DISEASES-8.4
THE CONQUEST OF THE VENEREAL DISEASES-8.5
THE CONQUEST OF THE VENEREAL DISEASES-8.6
FOOTNOTES
SEXUAL MORALITY-9.1
SEXUAL MORALITY-9.2
SEXUAL MORALITY-9.3
SEXUAL MORALITY-9.4
SEXUAL MORALITY-9.5
SEXUAL MORALITY-9.6
SEXUAL MORALITY-9.7
SEXUAL MORALITY-9.8
SEXUAL MORALITY-9.9
MARRIAGE-10.1
MARRIAGE-10.2
MARRIAGE-10.3
MARRIAGE-10.4
MARRIAGE-10.5
MARRIAGE-10.6
MARRIAGE-10.7
MARRIAGE-10.8
MARRIAGE-10.9
MARRIAGE-10.10
MARRIAGE-10.11
MARRIAGE-10.12
FOOTNOTES
THE ART OF LOVE-11.1
THE ART OF LOVE-11.2
THE ART OF LOVE-11.3
THE ART OF LOVE-11.4
THE ART OF LOVE-11.5
THE ART OF LOVE-11.6
THE ART OF LOVE-11.7
THE ART OF LOVE-11.8
THE ART OF LOVE-11.9
THE ART OF LOVE-11.10
THE ART OF LOVE-11.11
FOOTNOTES
THE SCIENCE OF PROCREATION-12.1
THE SCIENCE OF PROCREATION-12.2
THE SCIENCE OF PROCREATION-12.3
THE SCIENCE OF PROCREATION-12.4
THE SCIENCE OF PROCREATION-12.5
THE SCIENCE OF PROCREATION-12.6
THE SCIENCE OF PROCREATION-12.7
THE SCIENCE OF PROCREATION-12.8
THE SCIENCE OF PROCREATION-12.9
FOOTNOTES
INDEX OF AUTHORS

forbid divorce (op. cit., Bk. ii, Ch. XXI). Speaking from a 

standpoint which we have not even yet attained, he protests 

against the absurdity of "authorizing a judicial court to toss 

about and divulge the unaccountable and secret reason of 

disaffection between man and wife." 

 

In modern times Hinton was accustomed to compare the marriage law 

to the law of the Sabbath as broken by Jesus. We find exactly the 

same comparison in Milton. The Sabbath, he believes, was made for 

God. "Yet when the good of man comes into the scales, we have 

that voice of infinite goodness and benignity, that 'Sabbath was 

made for man and not man for Sabbath.' What thing ever was made 

more for man alone, and less for God, than marriage?" (_op. 

cit._, Bk. i, Ch. XI). "If man be lord of the Sabbath, can he be 

less than lord of marriage?" 

 

Milton, in this matter as in others, stood outside the currents of his 

age. His conception of marriage made no more impression on contemporary 

life than his _Paradise Lost_. Even his own Puritan party who had passed 

the Act of 1653 had strangely failed to transfer divorce and nullity cases 

to the temporal courts, which would at least have been a step on the right 

road. The Puritan influence was transferred to America and constituted the 

leaven which still works in producing the liberal though too minutely 

detailed divorce laws of many States. The American secular marriage 

procedure followed that set up by the English Commonwealth, and the dictum 

of the great Quaker, George Fox, "We marry none, but are witnesses of 

it,"[335] (which was really the sound kernel in the Canon law) is regarded 

as the spirit of the marriage law of the conservative but liberal State of 

Pennsylvania, where, as recently as 1885, a statute was passed expressly 

authorizing a man and woman to solemnize their own marriage.[336] 

 

In England itself the reforms in marriage law effected by the Puritans 

were at the Restoration largely submerged. For two and a half centuries 

longer the English spiritual courts administered what was substantially 

the old Canon law. Divorce had, indeed, become more difficult than before 

the Reformation, and the married woman's lot was in consequence harder. 

From the sixteenth century to the second half of the nineteenth, English 

marriage law was peculiarly harsh and rigid, much less liberal than that 

of any other Protestant country. Divorce was unknown to the ordinary 

English law, and a special act of Parliament, at enormous expense, was 

necessary to procure it in individual cases.[337] There was even an 

attitude of self-righteousness in the maintenance of this system. It was 

regarded as moral. There was complete failure to realize that nothing is 

more immoral than the existence of unreal sexual unions, not only from 

the point of view of theoretical but also of practical morality, for no 

community could tolerate a majority of such unions.[338] In 1857 an act 

for reforming the system was at last passed with great difficulty. It was 

a somewhat incoherent and make-shift measure, and was avowedly put forward 

only as a step towards further reform; but it still substantially governs 

English procedure, and in the eyes of many has set a permanent standard of 

morality. The spirit of blind conservatism,--_Nolumus leges Angliae 

mutare_,--which in this sphere had reasserted itself after the vital 

movement of Reform and Puritanism, still persists. In questions of 

marriage and divorce English legislation and English public feeling are 

behind alike both the Latin land of France and the Puritanically moulded 


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