Among the claims of reconstruction which the insurgent literature of our time puts forward, none, perhaps, so startles and inflames the Conservative as the demand for a reform of the family. Criticism of this institution is, in fact, so severely punished or so slanderously misrepresented that it is usually exercised in the more or less impersonal form of the drama or novel. It happens, however, that the drama or the novel is now quite the most effective means of inoculating millions with critical ideas, and at least half the more brilliant novelists and dramatists of Europe employ their art for this purpose, or reflect some such sentiments in their work. Hence the outcry about the “unclean novel”: which is usually far cleaner than the Old Testament, but more critical. Positivism had assured us that this institution would be transferred intact to a human foundation, and Murillo’s “Holy Family” hung reverently over the hearths of the new pagans. Now, half in fear and half in exultation, the clergy cry that humanism has betrayed its moral poison and its social menace.

Our favourite phrase here is the saying that the family is the foundation of the State. If one patiently considered the matter, one would discover that the divine right of kings was once regarded with equal confidence as the indispensable foundation of the State. It may very well be that the divine duty of the family is no less open to reconsideration. It might be noticed that the change from aristocracy to democracy was at one time hailed with lurid prophecy even by distinguished moralists and sociologists, yet this change has led to greater efficiency and prosperity. We might perceive that the Christian dogmas were once thought vital to our welfare, and it may be that the Christian ethic is in some points as disputable as the Christian dogmas. Few reflect on these matters, and the writer who criticises the family is denounced with peculiar bitterness. Quite certainly that tomb of dead civilisations yawns ominously before us if we lend ear to this kind of rebel. The family is so plainly indispensable an institution that it must be protected from criticism: lest we be tempted to dispense with it.

I propose, however, to make a critical study of the family. Indeed, I venture to say at once that our ideal of the family is so encrusted with ancient superstitions that it pressingly invites the critical attention of our age: that the family is the foundation of the State only in an historical sense, not in the sense that a State cannot be based on any other procreative arrangement: and that the cloak of superstition and rhetoric that we have put about it has covered for ages, and still covers, an appalling amount of vice, hypocrisy, and misery. My point of view has been stated. The affairs of this planet must be run by men for men. The supreme aim must be to lighten the burden of suffering which we inherit from a less intelligent and less humane past. Any creed, code, or institution which forbids progress on these lines must be assailed.

The first and most damnable superstition in regard to the family is the claim that marriage ought to be indissoluble. In its strict form this belief is held only by Roman Catholics, and by a section of the Church of England which was only partially reformed in the sixteenth century and has a strange ambition to disavow even that limited reform. But the most insidious mischief of this old ideal is that it has embedded deep in our minds the feeling that, although indissoluble marriage is an intolerable yoke, we must be very chary and niggardly in granting relief. This feeling we ascribe to a wise concern for our social welfare, whereas it is due to the subconscious tyranny of the old superstition. Recently we have seen the strange spectacle of a non-Christian moralist standing amongst our bishops to bar the way of reform: seeking to prolong, in the name of humanity, a superstition that darkens the homes of a large part of humanity. The bishops may have smiled.

A distinguished sociological writer, Mr. L. Hobhouse, in classifying forms of marriage, says, with unconscious humour: “Marriage is indissoluble among the Andamanese, some Papuans of New Guinea, at Watubela, at Lampong in Sumatra, among the Igorrotes and Italones of the Philippines, the Veddahs of Ceylon, and in the Romish Church.” One trusts that the Roman (and Anglican) Catholics like the company they keep; the peoples enumerated by Mr. Hobhouse are the very lowest and least intelligent savages known to science. The Church of Rome has long boasted that its ideal of indissoluble union is the final and culminating point of human wisdom in regard to the family. It now appears that indissoluble marriage was the most primitive human tradition, and was discarded by the Roman and all other civilisations when they passed from childhood to manhood.

Sociologists have been accustomed to say that monogamy was gradually developed out of promiscuity. This was mere speculation, and Professor Westermarck and other recent authorities rightly dissent. The institution is older than humanity. We find monogamic family life among the anthropoid apes and amongst the lowest peoples, which represent early man; and many writers on prehistoric man now contend that we find him passing from family to social life, not in the reverse way. When the last Ice Age forced men to live in caves, and the scattered families clung together and formed large social groups, the family life was modified, and few of the higher tribes maintained the primitive form. Réclus tells of a Khond who, on hearing of the monogamous life of the wild Veddahs of Ceylon, exclaimed in disgust: “They live like the apes.”

We may assume that little hardship arises from incompatibility of temperament among the Igorrotes or the Veddahs, and there is no need to describe the eccentric forms of marriage which arose among higher savages. None of the great civilisations of the past entertained the idea of indissoluble marriage. The clergy, of course, know nothing of the real line of evolution, and (as Bishop Diggle has done) they represent the Roman system as a comparative refinement of early promiscuity, on which Christianity was to make the final advance. The precious testimony of Juvenal is invoked (against the warning of all modern historians): and we are expected to shudder because St. Jerome tells us of a Roman lady who had been married a score of times. It is not stated what harm was done to the lady, or to anybody else, or whether she was a freak in her generation. It is enough, as Mrs. Humphry Ward knows, to say that divorce is frequent anywhere, and thousands of hands will rise to heaven: what the precise social consequences are the thousand of heads seem to regard as irrelevant.

I have read most of the literature of the Roman Imperial period, and have found that the greater part of the statements made about it by clerical moralists are rubbish. Every serious student knows that it was precisely the more rigid and intolerable earlier form of Roman marriage (the confarreatio) which led to laxity in the early Empire; that the Roman Lawyers of the first and second centuries, who relaxed marriage, were among the most conscientious that the legal world has ever produced; and that in the time of St. Jerome—an embittered and intensely puritanical priest, who says worse things about his sacerdotal colleagues than he does about the pagans—we have the solid testimony of such documents as the Letters of Symmachus and the instructive Saturnalia of Macrobius to show that the family life of the pagans was generally healthy, sober, and harmonious. There is not a particle of proof that Roman society suffered because of the facility of divorce, or generally abused this facility.

But the misrepresentation of Roman morals is light in comparison with the misrepresentation of later Christian morals. Christianity took its ideal from the Jews. Amongst this partially civilised people marriage had been made easy for the male by the retention of polygamy, and it was not customary to consult the feelings of the woman. In the course of time Greek influence entered Judæa, and the Rabbis held learned debates on marriage and divorce. Both the stricter and the laxer view found expression in the New Testament and in early Christian literature, but a celibate priesthood obtained supreme power in Europe and the stricter view was enforced. The moral consequences were disastrous. While the Roman Curia, which could always find a flaw in the marriage of a wealthy man, was enriched, Europe was degraded, and sexual immorality became general. It is enough to recall that a tradition of looseness, in strict correspondence with the law of indissoluble marriage, survives from the ages of faith to our own time in the Latin countries. Some have spoken of “the hot southern blood” and cast the blame on the climate. I would invite the informed moralist to run his eye over the map of the earth, and ask himself whether chastity increases, or the sex-organs lose vitality, in proportion as nations are removed from the Equator. It is a ludicrous effort of Catholics to conceal the evils of indissoluble marriage. Until the Reformation sexual laxity was the same all over Europe.

In England the old priest-made law was retained after the Reformation, and laxity of morals was general. Except for a very few wealthy people, divorce was impossible until 1857, when a slender measure of reform was wrested from the clergy. This, the present law of England, a miserable compromise with religious prejudice and a permanent source of vice and misery, puts English legislation on an important aspect of “the foundation of the State” below that of any other civilised community. Instead of ridding themselves entirely of clerical influence, and directing civic life on civic grounds, our legislators looked still to ancient Judæa, and substituted the less stringent view of the Rabbis for the more stringent. The legendary leader of a rude Arab tribe had granted divorce for adultery, and the English nation of the nineteenth century followed his example. The result was the most stupid and mischievous law of marriage outside the sphere of the Holy Catholic Church.