– in the Middle Ages, when invention was racked to find terms of eulogium for the subtilissimi doctores, how great would have been his reputation!’ The case against the Bill was presented with the most telling force by Mr. Gladstone. He began by urging the strong feeling against the Bill, and the great danger of precipitancy on legislating in such a House under Government pressure. The Bill undertook to deal not only with the civil consequences and responsibilities of marriage, but also to determine religious obligations and to cancel the most solemn vows; while, though not invested with any theological authority, it set itself up as a square and measure of the consciences of men. ‘I must confess,’ continued Mr. Gladstone, ‘that there is no legend, there is no fiction, there is no speculation, however wild, that I should not deem it rational to admit into my mind rather than allow what I conceive to be one of the most degrading doctrines that can be propounded to civilized men – namely, that the Legislature has power to absolve a man from spiritual vows taken before God.’ Mr. Gladstone met the assertion that the Bill made no change in the law, but merely reduced to legislative form what had long had legislative effect, by a direct negative. The Bill carried divorce to the door of all men of all classes, and was therefore to all intents as completely novel as if it had no Parliamentary precedent. Entering upon the theological arguments under protest, as a discussion which could not properly be conducted in a popular assembly, he adduced much historical testimony, particularly that of the Primitive Christian Church, to refute the propositions of the Attorney-General as to the solubility of marriage. Coming down to the Reformation, Mr. Gladstone forcibly summarized Sir Richard Bethell’s argument, turning aside for a moment to interpolate an amusing personal reference:
‘While I am mentioning my honourable and learned friend, it would be ungrateful in me not to take notice of the undeservedly kind language in which he thanked Heaven that I had not lived and died in the Middle Ages. My hon. and learned friend complimented me on the subtlety of my understanding, and it is a compliment of which I feel the more the force since it comes from a gentleman who possesses such a plain, straightforward, John-Bull-like character of mind —rusticus abnormis sapiens crassaque Minerve. Therefore, and by the force of contrast, I feel the compliment to be ten times more valuable. But I must say, if I am guilty of that subtlety of mind of which he accuses me, I think that there is no one cause in the history of my life to which it can be so properly attributed as to my having been for two or three pleasant years the colleague and co-operator with my hon. and learned friend. And if there was a class of those subtilissimi doctores which was open to competition, and if I were a candidate for admission and heard that my hon. and learned friend was so likewise, I assure him that I would not stand against him on any account whatever.’
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