PART VI.-DIVORCE, p. 217.
What constitutes marriage.-Marriage by men incapable of
its duties, fraudulent.-Divorce divided into divorce properly so
called and repudiation.-In divorce without children, consent of
parties alone necessary. In repudiation without children, fair
defence at most necessary.-Neither divorce nor repudiation ad-
missible until after temporary separation.-Childless marriages
the interest neither of individuals nor of society.-The existence
of children ought to enhance the difficulty of divorce, and the
interference of society in behalf of the new interests to be satisfied.
-Divorce not to be permitted until children are secure from in-
jury thereby.-Importance of this to society as well as to children.
-So also even if there be children, provided we regard its effects
only on offspring generally or in relation to society, and not to
the one only of the particular male parents deceived.-Adultery
has its offensive relation, where there is progeny, especially to the
husband.-Qualifying circumstance.-Actual vitiation of off-
spring necessary to the enhancement of such offence.-If such
vitiation be, it can be proved.-Not till then can the wife, as the
more blamable, be justly punished for such aggravation.—Ab-
surdity and ill consequences of legal offence rendering easy divorce,
when unattainable in common cases.-Conclusion as to these
vices. Other causes than infidelity should operate divorce, as
shown by Milton.--Coleridge's remarks on Milton.--Milton's
remarks on Bucer and Erasmus in this respect.-Selection,
abridgment and arrangement of Milton's view as to divorce.-
As to the state or condition of marriage.
state.—As to the injustice of this state.
state. As to the remedy of this state.
ance of mind in such case.-As to the dictates of nature therein.
-As to the end of marriage.-As to evil instead of good produced
thereby. As to other causes of divorce.-As to its prohibition being
both useless and mischievous.-Milton's replies to objections.-
His opinion that the power of divorce should rest with the husband.
-Milton grossly misrepresented on this great subject.-Milton's
only error, in not assigning to the wife the same right as to the
husband.-State of English law on this subject.-The English,
following the canon law, makes marriage indissoluble even by
As to the cause of this
As to the effects of this
As to the greater import-