Digest of Cases Argued and Determined in the Arches and Prerogative Courts of Canterbury, and the Consistory Court of London, and the High Court of Delegates: And Contained in the Reports of Sir George Lee, Phillimore, Addams, and Haggard
Saunders and Benning, 1835 - Ecclesiastical law - 265 pages
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administration admissible admitted adultery affidavit alimony allegation allowed annexed answers appeal attested banns baptism bishop Canon cause charge church churchwardens circumstances citation cited codicil cohabitation condemned in costs condonation conduct connivance consent Court of Arches creditor criminal suit cruelty D'Aguilar death deceased deceased's decree diocese discretion divorce duty Ecclesiastical Court effect entitled established evidence executed executor facts faculty fraud granted Guardian Hagg handwriting husband Ibid incumbent intention interest inventory jurisdiction Lee's legacy libel licence marriage minister minor monition necessary nullity of marriage objection offence ordinary parish parishioners party pendente lite person Phill plea pleadable pleaded presumption probate proceedings Proctor pronounced proof propounded proved proxy reason refused residuary legatee respect revoked royal peculiar rule sentence shew shewn Sir George Lee Sir John Nicholl Sir William Scott Statute sufficient testamentary paper testator tion validity widow wife wife's adultery witnesses
Page 103 - The causes must be grave and weighty, and such as shew an absolute impossibility that the duties of the married life can be discharged. In a state of personal danger no duties can be discharged ; for the duty of self-preservation must take place before the duties of marriage, which are secondary both in commencement and in obligation ; but what falls short of this is with great caution to be admitted. The rule of " per quod consortium amittitur...
Page 102 - No curate or minister shall be permitted to serve in any place without examination and admission of the bishop of the diocese, or ordinary of the place, having episcopal jurisdiction, in writing under his hand and seal, having respect- to the greatness of the cure, and meetness of the party.
Page 51 - The only general rule that can be laid down upon the subject is, that the circumstances must be such as would lead the guarded discretion of a reasonable and just man to the conclusion...
Page 104 - ... its necessaries, is not cruelty. It may, to be sure, be a harsh thing to refuse the use of a carriage, or the use of a servant ; it may in many cases be extremely unhandsome, extremely disgraceful to the character of the husband; but the ecclesiastical court does not look to such matters : the great ends of marriage may very well be carried on without them ; and if people will quarrel about such matters, and which they...
Page 141 - In civil society it becomes a civil contract, regulated and prescribed by law, and endowed with civil consequences. In most civilized countries, acting under a sense of the force of sacred obligations, it has had the sanctions ofrejigion superadded.
Page 147 - Now these disabilities are of two sorts: first, such as are canonical, and therefore sufficient by the ecclesiastical laws to avoid the marriage in the spiritual court; but these in our law only make the marriage voidable, and not ipso facto void, until sentence of nullity be obtained.
Page 74 - ... lecturer, or permitted, suffered, or allowed to preach as a lecturer, or to preach or read any sermon, or lecture in any church, chapel, or other place of public worship, within this realm of England, or the dominion of Wales, and town of Berwickupon-Tweed, unless he be first approved, and thereunto licensed by the archbishop of the province, or bishop of the diocese...
Page 142 - ... retained those rules of the Canon Law which had their foundation not in the sacrament, or in any religious view of the subject, but in the natural and civil contract of marriage.
Page 143 - ... must necessarily arise to the subjects of all nations, with respect to legitimacy, successions, and other rights, if the respective laws of different countries were only to be observed, as to marriages contracted by the subjects of those countries abroad...
Page 104 - In the older cases of this sort, which I have had an opportunity of looking into, I have observed that the danger of life, limb, or health is usually inserted as the ground upon which the court has proceeded to a separation. This doctrine has been repeatedly applied by the court in the cases that have been cited. The court has never been driven off this ground.