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 - 265 σελίδες
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according administration admissible admitted adultery affidavit allegation allowed annexed answers appeal applied authority bound called Canon cause charge church circumstances cited codicil common conduct consent considered costs Court creditor criminal cruelty death deceased decree defendant direct duty Ecclesiastical Ecclesiastical Court effect entitled established evidence examined executed executor facts faculty former give given granted ground Guardian Hagg held husband intention interest inventory issue judge jurisdiction Lee's legacy legatee letters limited marriage matter minor nature necessary objection ordinary original Page parish particular party person Phill plea pleaded practice preferred present presumption principle probate proceedings Proctor pronounced proof propounded proved publication question reason refused residuary respect rule sentence separation Sir John Nicholl Sir William Scott Statute sufficient suit taken testamentary testator tion unless validity wife wife's witnesses
Σελίδα 101 - 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...
Σελίδα 100 - 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.
Σελίδα 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...
Σελίδα 102 - ... 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...
Σελίδα 139 - 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.
Σελίδα 145 - 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.
Σελίδα 72 - ... 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...
Σελίδα 140 - ... 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.
Σελίδα 141 - ... 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...
Σελίδα 102 - 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.