A Practical Treatise of the Law of Marriage and Divorce: Containing Also the Mode of Proceeding on Divorces in the Ecclesiastical Courts and in Parliament; the Right to Custody of Children; Voluntary Separation Between Husband and Wife; the Husband's Liability to Wife's Debts; and the Conflict Between the Laws of England and Scotland Respecting Divorce and Legitimacy |
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Page 40
... , 2 Vent . 44 . ( r ) Carth . 485 ; Salk . 412 ; 12 Co. 73 ; 2 Vent . 43 ; 1 P. Wms . 32 . ters , have uniformly been enacted or confirmed by parliament 40 SHELFORD ON MARRIAGE AND DIVORCE . How far the Canons are binding in England, 22.
... , 2 Vent . 44 . ( r ) Carth . 485 ; Salk . 412 ; 12 Co. 73 ; 2 Vent . 43 ; 1 P. Wms . 32 . ters , have uniformly been enacted or confirmed by parliament 40 SHELFORD ON MARRIAGE AND DIVORCE . How far the Canons are binding in England, 22.
Page 41
... enacted or confirmed by parliament . The several acts of uniformity are instances which may be mentioned . Although ... enact and give them force . ( s ) The convocation for the province of Canterbury , which was held in London in the ...
... enacted or confirmed by parliament . The several acts of uniformity are instances which may be mentioned . Although ... enact and give them force . ( s ) The convocation for the province of Canterbury , which was held in London in the ...
Page 43
... enact , that in no case whatever shall any suit or proceedings be had in any Ecclesiastical court , in order to compel a celebration of any marriage in facie ecclesiæ , by reason of any contract of matrimony whatsoever , whether per ...
... enact , that in no case whatever shall any suit or proceedings be had in any Ecclesiastical court , in order to compel a celebration of any marriage in facie ecclesiæ , by reason of any contract of matrimony whatsoever , whether per ...
Page 45
... enacted that all marriages had and solemnized in any of his majesty's dominions ( u ) Canon 62 . ( v ) 6 & 7 Will . 3 , c . 6 ; 7 and 8 Will . 3. since the 1st May , 1642 , before any justice c . 35 ; 10 Ann . c . 19 . ( w ) 3 Phill . R ...
... enacted that all marriages had and solemnized in any of his majesty's dominions ( u ) Canon 62 . ( v ) 6 & 7 Will . 3 , c . 6 ; 7 and 8 Will . 3. since the 1st May , 1642 , before any justice c . 35 ; 10 Ann . c . 19 . ( w ) 3 Phill . R ...
Page 51
... enacted , that it should not be lawful for the king or queen of this realm , for whom a regent was thereby appointed , to intermarry , before his or her age of eighteen years , with any person whomsoever , without the consent in writing ...
... enacted , that it should not be lawful for the king or queen of this realm , for whom a regent was thereby appointed , to intermarry , before his or her age of eighteen years , with any person whomsoever , without the consent in writing ...
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Common terms and phrases
according Addams admitted adultery affinity alleged appear bigamy bill canon law cause celebrated ceremony certificate church of England circumstances citation civil law cohabitation Cons consanguinity consent criminal cruelty D'Aguilar daughter declared decree defendant dissolved Eccl ecclesiastical court enacted evidence facts father foreign ground Hagg held house of lords husband and wife impotence incest insanity issue judge jurisdiction jury law of England law of France law of Scotland Levitical degrees lex loci lex loci contractus libel license living Lord Portsmouth Lord Stowell lucid interval marriage act marriage contract married matrimonial mensa et thoro minister nature null and void obtained parish Parl parties person Phill plaintiff plea pleaded priest proceedings prohibited degrees pronounced proof proved question reason riage rule second marriage SECT separation sister solemnized spiritual court stat statute sufficient suit tion valid vinculo wife's witnesses woman writ
Popular passages
Page 174 - Provided, that nothing in this section contained shall extend [1] to any second marriage contracted elsewhere than in England and Ireland by any other than a subject of her Majesty, or [2] to any person marrying a second time whose husband or wife shall have been continually absent from such person for the space of seven years then last past, and shall not have been known by such person to be living within that time...
Page 174 - ... seven years, or to be imprisoned, with or without hard labour, in the common gaol, or house of correction, for any term not exceeding two years...
Page 187 - If it were once understood that upon mutual disgust married persons might be legally separated, many couples who now pass through the world with mutual comfort, with attention to their common offspring and to the moral order of civil society, might have been at this moment living in a state of mutual unkindness, in a state of estrangement from their common offspring, and in a state of the most licentious and unreserved immorality. In this case, as in many others, the happiness of some individuals...
Page 105 - The true foundation on which the administration of international law must rest is that the rules which are to govern are those which arise from mutual interest and utility, from a sense of the inconveniences which would result from a contrary doctrine, and from a sort of moral necessity to do justice in order that justice may be done to us in return.
Page 175 - ... and, being convicted thereof, shall be liable at the discretion of the court, to be transported beyond the seas for...
Page 228 - Mere austerity of temper, petulance of manners, rudeness of language, a want of civil attention and accommodation, even occasional sallies of passion, if they do not threaten bodily harm, do not amount to legal cruelty...
Page 21 - Have ye not read, that he which made them at the beginning made them male and female, and said, For this cause shall a man leave father and mother, and shall cleave to his wife: and they twain shall be one flesh? Wherefore they are no more twain, but one flesh. What therefore God hath joined together, let not man put asunder.
Page 21 - And the LORD God caused a deep sleep to fall upon Adam, and he slept: and he took one of his ribs, and closed up the flesh instead thereof; and the rib, which the LORD God had taken from man, made he a woman, and brought her unto the man.
Page 79 - Provided always, and be it further enacted, That nothing in this Act shall extend or be construed to extend to...
Page 307 - President in such and the same Form, or as nearly as may be, as that in which a Writ of Subpoena ad testificandum or of Subpoena duces tecum is now issued by...