Reports of Cases Argued and Determined in the Consistory Court of London: Containing the Judgments of the Right Hon. Sir William Scott, Volum 1
A. Strahan, 1822
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according admitted adultery allegation answer appears applied attend authority BELISARIO Bishop bound brought called cause ceremony certainly character charge Church Churchwardens circumstances common conduct consent consideration considered continued contract Court cruelty demand described directed doubt duty Ecclesiastical Ecclesiastical Court effect entitled established Evans evidence examined fact father founded further give given granted ground guardian held husband instituted Jewish Jews Judge judgment July June Kedushim kind lady libel LINDO living manner marriage married matter means merely mother nature necessary notice objection observed obtained occasion opinion parish particular party passed person pleaded present presume principle proceedings produced proof proper proved question reason received respect rule sentence separation shew speaks statute sufficient suit suppose taken thing tion tithe true usual valid whole wife witnesses woman
Side 38 - What merely wounds the mental feelings is in few cases to be admitted, where they are not accompanied with bodily injury, either actual or menaced. 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...
Side 38 - Under such misconduct of either of the parties, for it may exist on the one side as well as on the other, the suffering party must bear in some degree the consequences of an injudicious connection ; must subdue, by decent resistance or by prudent conciliation ; and if this cannot be done, both must suffer in silence.
Side 12 - bride then drink of the wine ; after which the ' bridegroom takes the ring, and puts it on the ' bride's finger; saying, ' Behold thou art wedded ' to me with this ring, according to the law of * Moses and Israel.
Side 433 - Qui cum alio contrahit, vel est, vel debet esse, non ignarus conditionis ejus...
Side 37 - ... they become good husbands, and good wives, from the necessity of remaining husbands and wives; for necessity is a powerful master in teaching the duties which it imposes. 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...
Side 39 - ... of injury done and felt; and therefore, though the Court will not absolutely exclude considerations of that sort, where they are stated merely as matter of aggravation, yet they cannot constitute cruelty where it would not otherwise have existed: of course, the denial of little indulgences and particular accommodations, which the delicacy of the world is apt to number amongst its necessaries, is not cruelty.
Side 178 - ... for the comforting of such that delight in music, it may be permitted that in the beginning or in the end of common prayers, either at morning or evening, there may be sung an hymn or such - like song to the praise of Almighty God, in the best sort of melody and music that may be conveniently devised, having respect that the sentence of the hymn may be understanded and perceived.
Side 37 - ... 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 must be sacrificed to the greater and more general good.
Side 40 - ... 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. It has been always jealous of the inconvenience of departing from it, and I have heard no one case cited in which the court has granted a divorce without proof given of a reasonable apprehension of bodily hurt.