"A glass of sherry, dry, and ham sandwich, stale, can be obtained here, sir," said the dragoman; "and for dessert, the scent of parchment and bananas. We will then attend Court 45, where I shall show you how fundamentally our legal procedure has changed in the generation that has elapsed since the days of the Great Skirmish."
"Can it really be that the Law has changed? I had thought it immutable," said the Angel, causing his teeth to meet with difficulty: "What will be the nature of the suit to which we shall listen?"
"I have thought it best, sir, to select a divorce case, lest you should sleep, overcome by the ozone and eloquence in these places."
"Ah!" said the Angel: "I am ready."
The Court was crowded, and they took their seats with difficulty, and a lady sitting on the Angel's left wing.
"The public will frequent this class of case," whispered his dragoman. "How different when you were here in 1910!"
The Angel collected himself: "Tell me," he murmured, "which of the grey-haired ones is the judge?"
"He in the bag-wig, sir," returned his dragoman; "and that little lot is the jury," he added, indicating twelve gentlemen seated in two rows.
"What is their private life?" asked the Angel.
"No better than it should be, perhaps," responded his dragoman facetiously; "but no one can tell that from their words and manner, as you will presently see. These are special ones," he added, "and pay income tax, so that their judgment in matters of morality is of considerable value."
"They have wise faces," said the Angel. "Which is the prosecutor?"
"No, no!" his dragoman answered, vividly: "This is a civil case. That is the plaintiff with a little mourning about her eyes and a touch of red about her lips, in the black hat with the aigrette, the pearls, and the fashionably sober clothes."
"I see her," said the Angel: "an attractive woman. Will she win?"
"We do not call it winning, sir; for this, as you must know, is a sad matter, and implies the breaking-up of a home. She will most unwillingly receive a decree, at least, I think so," he added; "though whether it will stand the scrutiny of the King's Proctor we may wonder a little, from her appearance."
"King's Proctor?" said the Angel. "What is that?"
"A celestial Die-hard, sir, paid to join together again those whom man have put asunder."
"I do not follow," said the Angel fretfully.
"I perceive," whispered his dragoman, "that I must make clear to you the spirit which animates our justice in these matters. You know, of course, that the intention of our law is ever to penalise the wrong-doer. It therefore requires the innocent party, like that lady there, to be exceptionally innocent, not only before she secures her divorce, but for six months afterwards."
"Oh!" said the Angel. "And where is the guilty party?"
"Probably in the south of France," returned his dragoman, "with the new partner of his affections. They have a place in the sun; this one a place in the Law Courts."
"Dear me!" said the Angel. "Does she prefer that?"
"There are ladies," his dragoman replied, "who find it a pleasure to appear, no matter where, so long as people can see them in a pretty hat. But the great majority would rather sink into the earth than do this thing."
"The face of this one is most agreeable to me; I should not wish her to sink," said the Angel warmly.
"Agreeable or not," resumed his dragoman, "they have to bring their hearts for inspection by the public if they wish to become free from the party who has done them wrong. This is necessary, for the penalisation of the wrong-doer."
"And how will he be penalised?" asked the Angel naïvely.
"By receiving his freedom," returned his dragoman, "together with the power to enjoy himself with his new partner, in the sun, until, in due course, he is able to marry her."
"This is mysterious to me," murmured the Angel. "Is not the boot on the wrong leg?"
"Oh! sir, the law would not make a mistake like that. You are bringing a single mind to the consideration of this matter, but that will never do. This lady is a true and much-wronged wife; that is – let us hope so! – to whom our law has given its protection and remedy; but she is also, in its eyes, somewhat reprehensible for desiring to avail herself of that protection and remedy. For, though the law is now purely the affair of the State and has nothing to do with the Appointed, it still secretly believes in the religious maxim: 'Once married, always married,' and feels that however much a married person is neglected or ill-treated, she should not desire to be free."
"She?" said the Angel. "Does a man never desire to be free?"
"Oh, yes! sir, and not infrequently."
"Does your law, then, not consider him reprehensible in that desire?"
"In theory, perhaps; but there is a subtle distinction. For, sir, as you observe from the countenances before you, the law is administered entirely by males, and males cannot but believe in the divine right of males to have a better time than females; and, though they do not say so, they naturally feel that a husband wronged by a wife is more injured than a wife wronged by a husband."
"There is much in that," said the Angel. "But tell me how the oracle is worked – for it may come in handy!"
"You allude, sir, to the necessary procedure? I will make this clear. There are two kinds of cases: what I may call the 'O.K.' and what I may call the 'rig.' Now in the 'O.K.' it is only necessary for the plaintiff, if it be a woman, to receive a black eye from her husband and to pay detectives to find out that he has been too closely in the company of another; if it be a man, he need not receive a black eye from his wife, and has merely to pay the detectives to obtain the same necessary information."
"Why this difference between the sexes?" asked the Angel.
"Because," answered his dragoman, "woman is the weaker sex, things are therefore harder for her."
"But," said the Angel, "the English have a reputation for chivalry."
"They have, sir."
"Well – " began the Angel.
"When these conditions are complied with," interrupted his dragoman, "a suit for divorce may be brought, which may or may not be defended. Now, the 'rig,' which is always brought by the wife, is not so simple, for it must be subdivided into two sections: 'Ye straight rig' and 'Ye crooked rig.' 'Ye straight rig' is where the wife cannot induce her husband to remain with her, and discovering from him that he has been in the close company of another, wishes to be free of him. She therefore tells the Court that she wishes him to come back to her, and the Court will tell him to go back. Whereon, if he obey, the fat is sometimes in the fire. If, however, he obeys not, which is the more probable, she may, after a short delay, bring a suit, adducing the evidence she has obtained, and receive a decree. This may be the case before you, or, on the other hand, it may not, and will then be what is called 'Ye crooked rig.' If that is so, these two persons, having found that they cannot live in conjugal friendliness, have laid their heads together for the last time, and arranged to part; the procedure will now be the same as in 'Ye straight rig.' But the wife must take the greatest care to lead the Court to suppose that she really wishes her husband to come back; for, if she does not, it is collusion. The more ardent her desire to part from him, the more care she must take to pretend the opposite! But this sort of case is, after all, the simplest, for both parties are in complete accord in desiring to be free of each other, so neither does anything to retard that end, which is soon obtained."
"About that evidence?" said the Angel. "What must the man do?"
"He will require to go to an hotel with a lady friend," replied his dragoman; "once will be enough. And, provided they are called in the morning, there is no real necessity for anything else."
"H'm!" said the Angel. "This, indeed, seems to me to be all around about the bush. Could there not be some simple method which would not necessitate the perversion of the truth?"
"Ah, no!" responded his dragoman. "You forget what I told you, sir. However unhappy people may be together, our law grudges their separation; it requires them therefore to be immoral, or to lie, or both, before they can part."
"Curious!" said the Angel.
"You must understand, sir, that when a man says he will take a woman, and a woman says she will take a man, for the rest of their natural existence, they are assumed to know all about each other, though not permitted, of course, by the laws of morality to know anything of real importance. Since it is almost impossible from a modest acquaintanceship to make sure whether they will continue to desire each other's company after a completed knowledge, they are naturally disposed to go it 'blind,' if I may be pardoned the expression, and will take each other for ever on the smallest provocations. For the human being, sir, makes nothing of the words 'for ever,' when it sees immediate happiness before it. You can well understand, therefore, how necessary it is to make it very hard for them to get untied again."
"I should dislike living with a wife if I were tired of her," said the Angel.
"Sir," returned his dragoman confidentially, "in that sentiment you would have with you the whole male population. And, I believe, the whole of the female population would feel the same if they were tired of you, as the husband."
"That!" said the Angel, with a quiet smile.
"Ah! yes, sir; but does not this convince you of the necessity to force people who are tired of each other to go on living together?"
"No," said the Angel, with appalling frankness.
"Well," his dragoman replied soberly, "I must admit that some have thought our marriage laws should be in a museum, for they are unique; and, though a source of amusement to the public, and emolument to the profession, they pass the comprehension of men and angels who have not the key of the mystery."
"What key?" asked the Angel.
"I will give it you, sir," said his dragoman: "The English have a genius for taking the shadow of a thing for its substance. 'So long,' they say, 'as our marriages, our virtue, our honesty, and happiness seem to be, they are.' So long, therefore, as we do not dissolve a marriage it remains virtuous, honest and happy though the parties to it may be unfaithful, untruthful, and in misery. It would be regarded as awful, sir, for marriage to depend on mutual liking. We English cannot bear the thought of defeat. To dissolve an unhappy marriage is to recognise defeat by life, and we would rather that other people lived in wretchedness all their days than admit that members of our race had come up against something too hard to overcome. The English do not care about making the best out of this life in reality so long as they can do it in appearance."
"Then they believe in a future life?"
"They did to some considerable extent up to the 'eighties of the last century, and their laws and customs were no doubt settled in accordance therewith, and have not yet had time to adapt themselves. We are a somewhat slow-moving people, always a generation or two behind our real beliefs."
"They have lost their belief, then?"
"It is difficult to arrive at figures, sir, on such a question. But it has been estimated that perhaps one in ten adults now has some semblance of what may be called active belief in a future existence."
"And the rest are prepared to let their lives be arranged in accordance with the belief of that tenth?" asked the Angel, surprised. "Tell me, do they think their matrimonial differences will be adjusted over there, or what?"
"As to that, all is cloudy; and certain matters would be difficult to adjust without bigamy; for general opinion and the law permit the remarriage of persons whose first has gone before."
"How about children?" said the Angel; "for that is no inconsiderable item, I imagine."
"Yes, sir, they are a difficulty. But here, again, my key will fit. So long as the marriage seems real, it does not matter that the children know it isn't and suffer from the disharmony of their parents."
"I think," said the Angel acutely, "there must be some more earthly reason for the condition of your marriage laws than those you give me. It's all a matter of property at bottom, I suspect."
"Sir," said his dragoman, seemingly much struck, "I should not be surprised if you were right. There is little interest in divorce where no money is involved, and our poor are considered able to do without it. But I will never admit that this is the reason for the state of our divorce laws. No, no; I am an Englishman."
"Well," said the Angel, "we are wandering. Does this judge believe what they are now saying to him?"
"It is impossible to inform you, for judges are very deep and know all that is to be known on these matters. But of this you may be certain: if anything is fishy to the average apprehension, he will not suffer it to pass his nose."
"Where is the average apprehension?" asked the Angel.
"There, sir," said his dragoman, pointing to the jury with his chin, "noted for their common sense."
"And these others with grey heads who are calling each other friend, though they appear to be inimical?"
"Little can be hid from them," returned his dragoman; "but this case, though defended as to certain matters of money, is not disputed in regard to the divorce itself. Moreover, they are bound by professional etiquette to serve their clients through thin and thick."
"Cease!" said the Angel; "I wish to hear this evidence, and so does the lady on my left wing."
His dragoman smiled in his beard, and made no answer.
"Tell me," remarked the Angel, when he had listened, "does this woman get anything for saying she called them in the morning?"
"Fie, sir!" responded his dragoman; "only her expenses to the Court and back. Though indeed, it is possible that after she had called them, she got half a sovereign from the defendant to impress the matter on her mind, seeing that she calls many people every day."
"The whole matter," said the Angel with a frown, "appears to be in the nature of a game; nor are the details as savoury as I expected."
"It would be otherwise if the case were defended, sir," returned his dragoman; "then, too, you would have had an opportunity of understanding the capacity of the human mind for seeing the same incident to be both black and white; but it would take much of your valuable time, and the Court would be so crowded that you would have a lady sitting on your right wing also, and possibly on your knee. For, as you observe, ladies are particularly attached to these dramas of real life."
"If my wife were a wrong one," said the Angel, "I suppose that, according to your law, I could not sew her up in a sack and place it in the water?"
"We are not now in the days of the Great Skirmish," replied his dragoman somewhat coldly. "At that time any soldier who found his wife unfaithful, as we call it, could shoot her with impunity and receive the plaudits and possibly a presentation from the populace, though he himself may not have been impeccable while away – a masterly method of securing a divorce. But, as I told you, our procedure has changed since then; and even soldiers now have to go to work in this roundabout fashion."
"Can he not shoot the paramour?" asked the Angel.
"Not even that," answered his dragoman. "So soft and degenerate are the days. Though, if he can invent for the paramour a German name, he will still receive but a nominal sentence. Our law is renowned for never being swayed by sentimental reasons. I well recollect a case in the days of the Great Skirmish, when a jury found contrary to the plainest facts sooner than allow that reputation for impartiality to be tarnished."
"Ah!" said the Angel absently; "what is happening now?"
"The jury are considering their verdict. The conclusion is, however, foregone, for they are not retiring. The plaintiff is now using her smelling salts."
"She is a fine woman," said the Angel emphatically.
"Hush, sir! The judge might hear you."
"What if he does?" asked the Angel in surprise.
"He would then eject you for contempt of Court."
"Does he not think her a fine woman, too?"
"For the love of justice, sir, be silent," entreated his dragoman. "This concerns the happiness of three, if not of five lives. Look! She is lifting her veil; she is going to use her handkerchief."
"I cannot bear to see a woman cry," said the Angel, trying to rise; "please take this lady off my left wing."
"Kindly sit tight!" murmured his dragoman to the lady, leaning across behind the Angel's back. "Listen, sir!" he added to the Angel: "The jury are satisfied that what is necessary has taken place. All is well; she will get her decree."
"Hurrah!" said the Angel in a loud voice.
"If that noise is repeated, I will have the Court cleared."
"I am going to repeat it," said the Angel firmly; "she is beautiful!"
His dragoman placed a hand respectfully over the Angel's mouth. "Oh, sir!" he said soothingly, "do not spoil this charming moment. Hark! He is giving her a decree nisi, with costs. To-morrow it will be in all the papers, for it helps to sell them. See! She is withdrawing; we can now go." And he disengaged the Angel's wing.
The Angel rose quickly and made his way towards the door. "I am going to walk out with her," he announced joyously.
"I beseech you," said his dragoman, hurrying beside him, "remember the King's Proctor! Where is your chivalry? For he has none, sir – not a little bit!"
"Bring him to me; I will give it him!" said the Angel, kissing the tips of his fingers to the plaintiff, who was vanishing in the gloom of the fresh air.
In the Strangers' room of the Strangers' Club the usual solitude was reigning when the Angel Æthereal entered.
"You will be quiet here," said his dragoman, drawing up two leather chairs to the hearth, "and comfortable," he added, as the Angel crossed his legs. "After our recent experience, I thought it better to bring you where your mind would be composed, since we have to consider so important a subject as morality. There is no place, indeed, where we could be so completely sheltered from life, or so free to evolve from our inner consciousness the momentous conclusions of the armchair moralist. When you have had your sneeze," he added, glancing at the Angel, who was taking snuff, "I shall make known to you the conclusions I have formed in the course of a chequered career."
"Before you do that," said the Angel, "it would perhaps be as well to limit the sphere of our inquiry."
"As to that," remarked his dragoman, "I shall confine my information to the morals of the English since the opening of the Great Skirmish, in 1914, just a short generation of three and thirty years ago; and you will find my theme readily falls, sir, into the two main compartments of public and private morality. When I have finished you can ask me any questions."
"Proceed!" said the Angel, letting his eyelids droop.
"Public morality," his dragoman began, "is either superlative, comparative, positive, or negative. And superlative morality is found, of course, only in the newspapers. It is the special prerogative of leader-writers. Its note, remote and unchallengeable, was well struck by almost every organ at the commencement of the Great Skirmish, and may be summed up in a single solemn phrase: 'We will sacrifice on the altar of duty the last life and the last dollar – except the last life and dollar of the last leader-writer.' For, as all must see, that one had to be preserved, to ensure and comment on the consummation of the sacrifice. What loftier morality can be conceived? And it has ever been a grief to the multitude that the lives of those patriots and benefactors of their species should, through modesty, have been unrevealed to such as pant to copy them. Here and there the lineaments of a tip-topper were discernible beneath the disguise of custom; but what fair existences were screened! I may tell you at once, sir, that the State was so much struck at the time of the Great Skirmish by this doctrine of the utter sacrifice of others that it almost immediately adopted the idea, and has struggled to retain it ever since. Indeed, only the unaccountable reluctance of 'others' to be utterly sacrificed has ensured their perpetuity."
"In 1910," said the Angel, "I happened to notice that the Prussians had already perfected that system. Yet it was against the Prussians that this country fought?"
"That is so," returned his dragoman; "there were many who drew attention to the fact. And at the conclusion of the Great Skirmish the reaction was such that for a long moment even the leader-writers wavered in their selfless doctrines; nor could continuity be secured till the Laborious Party came solidly to the saddle in 1930. Since then the principle has been firm but the practice has been firmer, and public morality has never been altogether superlative. Let us pass to comparative public morality. In the days of the Great Skirmish this was practised by those with names, who told others what to do. This large and capable body included all the preachers, publicists, and politicians of the day, and in many cases there is even evidence that they would have been willing to practise what they preached if their age had not been so venerable or their directive power so invaluable."
"In-valuable," murmured the Angel; "has that word a negative signification?"
"Not in all cases," said his dragoman with a smile; "there were men whom it would have been difficult to replace, though not many, and those perhaps the least comparatively moral. In this category, too, were undoubtedly the persons known as conchies."
"From conch, a shell?" asked the Angel.
"Not precisely," returned his dragoman; "and yet you have hit it, sir, for into their shells they certainly withdrew, refusing to have anything to do with this wicked world. Sufficient unto them was the voice within. They were not well treated by an unfeeling populace."
"This is interesting to me," said the Angel. "To what did they object?"
"To war," replied his dragoman. "'What is it to us,' they said, 'that there should be barbarians like these Prussians, who override the laws of justice and humanity?' – words, sir, very much in vogue in those days. 'How can it affect our principles if these rude foreigners have not our views, and are prepared, by cutting off the food supplies of this island, to starve us into submission to their rule? Rather than turn a deaf ear to the voice within we are prepared for general starvation; whether we are prepared for the starvation of our individual selves we cannot, of course, say until we experience it. But we hope for the best, and believe that we shall go through with it to death, in the undesired company of all who do not agree with us.' And it is certain, sir, that some of them were capable of this; for there is, as you know, a type of man who will die rather than admit that his views are too extreme to keep himself and his fellow-men alive."
"How entertaining!" said the Angel. "Do such persons still exist?"
"Oh! yes," replied the dragoman; "and always will. Nor is it, in my opinion, altogether to the disadvantage of mankind, for they afford a salutary warning to the human species not to isolate itself in fancy from the realities of existence and extinguish human life before its time has come. We shall now consider the positively moral. At the time of the Great Skirmish these were such as took no sugar in their tea and invested all they had in War Stock at five per cent. without waiting for what were called Premium Bonds to be issued. They were a large and healthy group, more immediately concerned with commerce than the war. But the largest body of all were the negatively moral. These were they who did what they crudely called 'their bit,' which I may tell you, sir, was often very bitter. I myself was a ship's steward at the time, and frequently swallowed much salt water, owing to the submarines. But I was not to be deterred, and would sign on again when it had been pumped out of me. Our morality was purely negative, if not actually low. We acted, as it were, from instinct, and often wondered at the sublime sacrifices which were being made by our betters. Most of us were killed or injured in one way or another; but a blind and obstinate mania for not giving in possessed us. We were a simple lot." The dragoman paused and fixed his eyes on the empty hearth. "I will not disguise from you," he added, "that we were fed-up nearly all the time; and yet – we couldn't stop. Odd, was it not?"
"I wish I had been with you," said the Angel, "for – to use that word without which you English seem unable to express anything – you were heroes."
"Sir," said his dragoman, "you flatter us by such encomium. We were, I fear, dismally lacking in commercial spirit, just men and women in the street having neither time nor inclination to examine our conduct and motives, nor to question or direct the conduct of others. Purely negative beings, with perhaps a touch of human courage and human kindliness in us. All this, however, is a tale of long ago. You can now ask me any questions, sir, before I pass to private morality."
"You alluded to courage and kindliness," said the Angel: "How do these qualities now stand?"
"The quality of courage," responded his dragoman, "received a set-back in men's estimation at the time of the Great Skirmish, from which it has never properly recovered. For physical courage was then, for the first time, perceived to be most excessively common; it is, indeed, probably a mere attribute of the bony chin, especially prevalent in the English-speaking races. As to moral courage, it was so hunted down that it is still somewhat in hiding. Of kindliness there are, as you know, two sorts: that which people manifest towards their own belongings; and that which they do not as a rule manifest towards every one else."
"Since we attended the Divorce Court," remarked the Angel with deliberation, "I have been thinking. And I fancy no one can be really kind unless they have had matrimonial trouble, preferably in conflict with the law."
"A new thought to me," observed his dragoman attentively; "and yet you may be right, for there is nothing like being morally outcast to make you feel the intolerance of others. But that brings us to private morality."
"Quite!" said the Angel, with relief. "I forgot to ask you this morning how the ancient custom of marriage was now regarded in the large?"
"Not indeed as a sacrament," replied his dragoman; "such a view was becoming rare already at the time of the Great Skirmish. Yet the notion might have been preserved but for the opposition of the Pontifical of those days to the reform of the Divorce Laws. When principle opposes common sense too long, a landslide follows."
"Of what nature, then, is marriage now?"
"Purely a civil, or uncivil, contract, as the case may be. The holy state of judicial separation, too, has long been unknown."
"Ah!" said the Angel, "that was the custom by which the man became a monk and the lady a nun, was it not?"
"In theory, sir," replied his dragoman, "but in practice not a little bit, as you may well suppose. The Pontifical, however, and the women, old and otherwise, who supported them, had but small experience of life to go on, and honestly believed that they were punishing those still-married but erring persons who were thus separated. These, on the contrary, almost invariably assumed that they were justified in free companionships, nor were they particular to avoid promiscuity! So it ever is, sir, when the great laws of Nature are violated in deference to the Higher Doctrine."
"Are children still born out of wedlock?" asked the Angel.
"Yes," said his dragoman, "but no longer considered responsible for the past conduct of their parents."
"Society, then, is more humane?"
"Well, sir, we shall not see the Millennium in that respect for some years to come. Zoos are still permitted, and I read only yesterday a letter from a Scottish gentleman pouring scorn on the humane proposal that prisoners should be allowed to see their wives once a month without bars or the presence of a third party; precisely as if we still lived in the days of the Great Skirmish. Can you tell me why it is that such letters are always written by Scotsmen?"
"Is it a riddle?" asked the Angel.
"It is indeed, sir."
"Then it bores me. Speaking generally, are you satisfied with current virtue now that it is a State matter, as you informed me yesterday?"
"To tell you the truth, sir, I do not judge my neighbours; sufficient unto myself is the vice thereof. But one thing I observe, the less virtuous people assume themselves to be, the more virtuous they commonly are. Where the limelight is not, the flower blooms. Have you not frequently noticed that they who day by day cheerfully endure most unpleasant things, while helping their neighbours at the expense of their own time and goods, are often rendered lyrical by receiving a sovereign from some one who would never miss it, and are ready to enthrone him in their hearts as a king of men? The truest virtue, sir, must be sought among the lowly. Sugar and snow may be seen on the top, but for the salt of the earth one must look to the bottom."
"I believe you," said the Angel. "It is probably harder for a man in the limelight to enter virtue than for the virtuous to enter the limelight. Ha, ha! Is the good old custom of buying honour still preserved?"
"No, sir; honour is now only given to such as make themselves too noisy to be endured, and saddles the recipient with an obligation to preserve public silence for a period not exceeding three years. That maximum sentence is given for a dukedom. It is reckoned that few can survive so fearful a term."
"Concerning the morality of this new custom," said the Angel, "I feel doubtful. It savours of surrender to the bully and the braggart, does it not?"
"Rather to the bore, sir; not necessarily the same thing. But whether men be decorated for making themselves useful, or troublesome, the result in either case is to secure a comparative inertia, which has ever been the desideratum; for you must surely be aware, sir, how a man's dignity weighs him down."