in there was no way out alive. The Church’s
regulation of marriage while, like the celibacy of
the clergy, it was a success from the point of view
of ecclesiastical politics, and even at first from
the point of view of civilization, for it at least
introduced order into a chaotic society, was in the
long run a failure from the point of view of society
and morals. On the one hand it drifted into absurd
subtleties and quibbles; on the other, not being based
on either reason or humanity, it had none of that
vital adaptability to the needs of life, which early
Christianity, while holding aloft austere ideals, still
largely retained. On the side of tradition this
code of marriage law became awkward and impracticable;
on the biological side it was hopelessly false.
The way was thus prepared for the Protestant reintroduction
of the conception of marriage as a contract, that
conception being, however, brought forward less on
its merits than as a protest against the difficulties
and absurdities of the Catholic Canon law. The
contractive view, which still largely persists even
to-day, speedily took over much of the Canon law doctrines
of marriage, becoming in practice a kind of reformed
and secularized Canon law. It was somewhat more
adapted to modern needs, but it retained much of the
rigidity of the Catholic marriage without its sacramental
character, and it never made any attempt to become
more than nominally contractive. It has been of
the nature of an incongruous compromise and has represented
a transitional phase towards free private marriage.
We can recognize that phase in the tendency, well
marked in all civilized lands, to an ever increasing
flexibility of marriage. The idea, and even the
fact, of marriage by consent and divorce by failure
of that consent, which we are now approaching, has
never indeed been quite extinct. In the Latin
countries it has survived with the tradition of Roman
law; in the English-speaking countries it is bound
up with the spirit of Puritanism which insists that
in the things that concern the individual alone the
individual himself shall be the supreme judge.
That doctrine as applied to marriage was in England
magnificently asserted by the genius of Milton, and
in America it has been a leaven which is still working
in marriage legislation towards an inevitable goal
which is scarcely yet in sight. The marriage system
of the future, as it moves along its present course,
will resemble the old Christian system in that it
will recognize the sacred and sacramental character
of the sexual relationship, and it will resemble the
civil conception in that it will insist that marriage,
so far as it involves procreation, shall be publicly
registered by the State. But in opposition to
the Church it will recognize that marriage, in so
far as it is purely a sexual relationship, is a private
matter the conditions of which must be left to the
persons who alone are concerned in it; and in opposition
to the civil theory it will recognize that marriage