It is obvious, then, that the Protestant Episcopal Church allows the complete validity of a divorce a vinculo in the case of adultery, and the right of remarriage to the innocent party. But that church has not determined in what manner either the grounds of the divorce or the "innocence" of either party is to be ascertained. The canon does not require a clergyman to demand, nor can the church enable him to secure, the production of a copy of the record or decree of the court of law by which a divorce is granted, nor would such decree indicate the "innocence" of one party, though it might prove the guilt of the other.
The effect of divorce upon the integrity of the family is too obvious to require stating. As the father and mother are the heads of the family, their separation must inevitably destroy the common family life. On the other hand, it is often contended that the destruction has been already completed, and that a divorce is only the legal recognition of what has already taken place; "the integrity of the family" can scarcely remain when either a father or mother, or both, are living in violation of the law on which that integrity rests. The question may be asked whether the absolute prohibition of divorce would contribute to the moral purity of society. It is difficult to answer such a question, because anything on the subject must be comparatively worthless until verified by experience. It is quite certain that the prohibition of divorce never prevents illicit sexual connections, as was abundantly proved when divorce in England was put within the reach of persons who were not able to afford the expense of a special act of Parliament. It is, indeed, so palpable a fact that any amount of evidence or argument is wholly superfluous.
The law of the Protestant Episcopal Church is by no means identical with the opinion of either the clergy or the laity. In the judgment of many, the existing law is far too lax, or, at least, the whole doctrine of marriage is far too inadequately dealt with in the authoritative teaching of the church. The opinion of this school finds, perhaps, its most adequate expression in the report of a committee of the last General Convention forming Appendix XIII. of the "Journal" of that convention. It is, substantially, that the Mosaic law of marriage is still binding upon the church, unless directly abrogated by Christ himself; that it was abrogated by him only so far that all divorce was forbidden by him, excepting for the cause of fornication; that a woman might not claim divorce for any reason whatever; that the marriage of a divorced person until the death of the other party is wholly forbidden; that marriage is not merely a civil contract, but a spiritual and supernatural union, requiring for its mutual obligation a supernatural, divine grace; that such grace is only imparted in the sacrament of matrimony, which is a true sacrament and does actually confer grace; that marriage is wholly within the jurisdiction of the church, though the State may determine such rules and guarantees as may secure publicity and sufficient evidence of a marriage, etc.; that severe penalties should be inflicted by the State, on the demand of the church, for the suppression of all offences against the seventh commandment and sundry other parts of the Mosaic legislation, especially in relation to "prohibited degrees."
There is another school, equally earnest and sincere in its zeal for the integrity of the family and sexual purity, which would nevertheless repudiate much the greater part of the above assumption. This school, if one may so venture to combine scattered opinions, argues substantially as follows: The type of all Mosaic legislation was circumcision; that rite was of universal obligation and divine authority. St. Paul so regarded it. The abrogation of the law requiring circumcision was, therefore, the abrogation of the whole of the Mosaic legislation. The "burden of proof," therefore, rests upon those who affirm the present obligation of what formed a part of the Mosaic law; and they must show that it has been reenacted by Christ and his Apostles or forms some part of some other and independent system of law or morals still in force. Christ's words about divorce are not to be construed as a positive law, but as expressing the ideal of marriage, and corresponding to his words about eunuchs, which not everybody "can receive." So far as Christ's words seem to indicate an inequality as to divorce between man and woman, they are explained by the authoritative and inspired assertion of St. Paul: "In Christ Jesus there is neither male nor female." A divine law is equally authoritative by whomsoever declared—whether by the Son Incarnate or by the Holy Ghost speaking through inspired Apostles. If, then, a divine law was ever capable of suspension or modification, it may still be capable of such suspension or modification in corresponding circumstances. The circumstances which justified a modification of the original divine law of marriage do still exist in many conditions of society and even of individual life. The Protestant Episcopal Church cannot, alone, speak with such authority on disputed passages of Scripture as to justify her ministers in direct disobedience to the civil authority, which is also "ordained of God." The exegesis of the early church was closely connected with theories about matter, and about the inferiority of women and of married life, which are no longer believed.
Of course this is a very brief statement. As a matter of fact the actual effect of the doctrine and discipline of the Protestant Episcopal Church on marriage and divorce is that divorce among her members is excessively rare; that it is regarded with extreme aversion; and that the public opinion of the church maintains the law as it now is, but could not be trusted to execute laws more stringent. A member of the committee of the General Convention whose report has been already referred to closes that report with the following protest:
"The undersigned finds himself unable to concur in so much of the [proposed] canon as forbids the holy communion to a truly pious and godly woman who has been compelled by long years of suffering from a drunken and brutal husband to obtain a divorce, and has regularly married some suitable person according to the established laws of the land. And also from so much of the [proposed] canon as may seem to forbid marriage with a deceased wife's sister."
The final action on these points, which has already been stated, indicates that the proposed report thus referred to was, in one particular at least, in advance of the sentiment of the church as expressed in her General Convention.
Henry C. Potter.
Question (1.) Do you believe in the principle of divorce under any circumstances?
The world for the most part is ruled by the tomb, and the living are tyrannized over by the dead. Old ideas, long after the conditions under which they were produced have passed away, often persist in surviving. Many are disposed to worship the ancient—to follow the old paths, without inquiring where they lead, and without knowing exactly where they wish to go themselves.