Page:Whymenfightameth00russuoft.djvu/197

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THE POPULATION QUESTION
185

This interesting system embodies the opinions held by the Church of England some fifty years ago, and by most Nonconformists then and now. It rests upon the assumption that adultery is sin, and that when this sin has been committed by one party to the marriage, the other is entitled to revenge if he is rich. But when both have committed the same sin, or when the one who has not committed it feels no righteous anger, the right to revenge does not exist. As soon as this point of view is understood, the law, which at first seems somewhat strange, is seen to be perfectly consistent. It rests, broadly speaking, upon four propositions: (1) that sexual intercourse outside marriage is sin; (2) that resentment of adultery by the "inno-

    mitted bigamy. By this bigamous marriage the husband had ten illegitimate children. In order to prevent this decree being made absolute, the Treasury spent at least £200 of the taxes in briefing a leading counsel and an eminent junior counsel and in bringing about ten witnesses from a city a hundred miles away to prove that this woman had committed casual acts of adultery in 1895 and 1898. The net result is that this woman will probably be forced by destitution into further adultery, and that the husband will be able to treat his mistress exactly as he treated his wife, with impunity, so far as disease is concerned. In nearly every other civilized country the marriage would have been dissolved, the children could have been legitimated by subsequent marriage, and the lawyers employed by the Treasury would not have earned the large fees