The Express.
London, England, 1857-06-25 00:00:00

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LONDON, THURSDAY, JUNE 25.

A DOUBLE NUMBER of the EXPRESS will
be published es soul ON SATURDAYS.

Tax Divorce Bill has successfully pawed the
ordeal of the Home of Lords. The Episcopal oppo-
sition bus been routed in every attempt to SW its
usefulness. The objectionable power et imprieen-
ment has been stanch out, and the Ins Ishii my
still be Imposed as a penalty ms the Wallow is re-
dead in east to a simpb aesseement et the ends a
the proceedings. The Bill has not only sniabmai
no detriment, bat it has received signal improve-
ment in the mum of its mange through the Upper
House. The dam me enabling a wills deserted
by her bmitemi Ass elm year oe upwards to pro-
tect her peupmtp and earnings against his in-
terference, by apparition to a Justice of the
Peace, or to the Divorce Court, ere very
admirable provisions, calculated to meet by a simple
and effsetnel reenedy we of the most distressing
abuses now Wiliest to the marriage Mate in this
country. The pewee mothered on both husband and
wife of obtaining a decree of Judicial Separation after
wilful desertion for two years, and the provision that
in all cases where Judicial Separation is decreed the
wife, se long es the separation continues, shall, with
respect to property and for all purposes of cent:set
and snit, be considered in law as a single women,
are both el theca very wise and just urosscaen of
legishitive relief. The clauses enabling the beelsend
to make the adulterer a co-respondent before the
Divorce Court, and empowering the Court to impose
on him • Ins not exceeding 5001., to be applied
towards payment of the cost. incurred in dissolving
tho marriage, are, in their present emended form,
not only free frees objection, but eminently benefi-
cial and jest. We are more inclined to concede to
their Lordships, end especially to the Law Lords,
the mead of credit they so eminently deserve for
these very materiel amendments, than to exult over
the defeat el the Bishops in urging objections
which, though utterly untenable, were probably
eenecisnUess.

The first great advantage conferred on the com-
munity by this eminently beneficial law is' just this :
that it makes that Law, which was formerly Legisla-
tion; that it converts a privilege into a right ; and
gives, by thieemmon law of England, that reasonable
liberty of divorce and that closely guarded power of
dissolving the marriage bond, which the Fathers of
the Reformation regarded as the rightful patri-
mony of all Christian men, and which was
only abridged by the narrow interpretation of
the Roman Canon Sta who, without ground of
Scripture, as the Articles of our Church expressly &-
dare, made Marriage a Sacrament instead of a Con-
tract. The next advantage crawled by the Bill is
that it distinctly and clearly specifies the precise
grounds on which alone a Dissolution of themarriege
load shall be grated : for the husband, adultery ;
for the wife, the same offence, if coupled with incest,
Sre years' desertion, actual marriage to another, or
na eh cruelty as, even without the aggravation of
Infidelity, would in itself be a ground for Judicial
lisparatioa. Is thereanything latitudinarian there P
(ha any sabti, and silver-tongued advocate for the
Carrels pomade r Eagliahmen of the nineteenth
watery that the law of CHRIST compels a husband
to live on with an adulteress ; or a woman to
go on wearing the marriage yoke, when
meet, bigamy, desertion, and dangerous cruelty
on the part of the husband have made it an intoler-
able burden and a &ring cone ? Who ie this, that
in the name of menlity would advocate the meet
immoral of tyrannise, and perpetuate, under the
saereifal reign of QUINT, that strange, that worse
than Merriam cruelty, Sam which the instinctive
am* even of heathendom revolted P He may call
himself a seceessor of the Apostles, but be is a cor-
rupter of the liberty of the Gospel, and shall never
be a teacher of morality for England.
It is a third greet improvement in this Bill, that
it effects by one process, before a single tri-
bunal, what has hitherto had to be effected
by throe processes before three tribunals. The
action in the Common Law Courts for error.
eon.: the suit in the Ecclesiastical Courts for a
divorce mi menial et there the Bill in Parliament for a
Dissolution of Marriage—are all merged into the
single proem.' of an application for relief to the new
Divorce and Matrimonial Court. It is alleged that
the proceedings before this Court will be expensive ;
whether the allegation be well or ill founded remains
to be seen. There is no reason why the Court should
be meetly, except from the fact of its being central.
Its procedure is to be simple and informal, and the
only element of cost will be distance. Supposing all
trials were to be had before the Court in London,
the expense of bringing up and keeping witnesses
would as doubt be formidable. But this &lest so,
even es the Bill stands. Issues under the authority of
the Court may be tried at the arises; and powers
are give et examining witnesses by local oommi►
simmers, wherever the Court may see fit to diagram
with their attendance. It may have been—we dint
it would have been—wise to go further, and in lONS
when the parties are poor and the localities dielmek
to have empowered. County Court Judges and fitlpmv
diary Magistrates to have taken and returned the
evidence to the Central Court, leaving it to that tri-
bunal to pass each decree thereon as it should see fit.
Before, however, proposing such a clause as this,—
the insisting on which might have endangered
the SYMMS of the measure in the House