24

LINDO V.
BELISARIO.

been any application to the Synagogue, which, they say, is necessary to complete the marriage, to give him the collective rights of the husband? None. It has been thrown out, by the counsel, that there is an injunction which would prevent her marrying. That I cannot tell. All that the Court of Chancery has done is, to prevent this man from having access to her, or writing letters to her, to prevent him from entering into a contract of marriage. Whether it would prevent them from applying to be admitted to the Hupa, I cannot tell; but certain it is upon all the evidence, that without that ceremony, without the Hupa, they are not perfect man and wife. As I have already stated, the question is not whether Miss Lindo is now at liberty to marry any man she pleases, but whether she is the wife of Aaron Mendes Belisario or not? I think it is clear, from the evidence, that she is not; that the ceremony which has passed, although it prevents her from marrying any other man until a divorce is given, does not give him any authority over her fortune, or person. A man cannot be the husband of a woman, by the law of England, without having the civil rights, which he has not; and therefore, under all the circumstances, I am of opinion, that the sentence given by the Judge of the Consistory Court is perfectly right, and I shall confirm it.

No. 5.

sa Geo 3.6.137. An Act for the better regulation of Ecclesiastical Courts in England; and for the more easy recovery of Church Rates and Tithes.

[12th July 1813.} WHEREAS it is expedient that Excommunication, together with all proceedings following thereupon, should, saving in certain cases, be discontinued, and that other Proceedings should be substituted in lieu thereof, and that certain other regulations should be made in the proceedings of the Ecclesiastical Courts; and that more convenient Modes of recovering Tithes and Church Rates in certain cases should be provided; be it therefore enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present parliament assembled, and by the authority of the same, That from and after the passing of this act, excommunication, together with all proceedings following thereupon, shall in all cases, save those hereafter to be specified, be discontinued throughout

throughout that part of the United Kingdom of Great Britain and
Ireland called England; and that in all causes which according to
the laws of this Realm are cognizable in the Ecclesiastical Courts,
when any person or persons having been duly cited to appear in
any Ecclesiastical Court, or required to comply with the lawful
orders or decrees, as well final as interlocutory, of any such Court,
shall neglect or refuse to appear, or neglect or refuse to pay
obedience to such lawful orders or decrees, or when any person
or persons shall commit a contempt in the face of such Court,
no sentence of excommunication shall be given or pronounced,
saving in the particular cases hereafter to be specified; but in-
stead thereof it shall be lawful for the Judges or Judge who issued
out the citation, or whose lawful orders or decrees have not been
obeyed, or before whom such contempt in the face of the Court
shall have been committed, to pronounce such person or persons
contumacious and in contempt, and within ten days to signify
the same, in the form to this act annexed, to his Majesty in Chan-
cery, as hath heretofore been done in signifying Excommunica-
tions; and thereupon a writ de contumace capiendo, in the form
to this act annexed, shall issue from the Court of Chancery, di-
rected to the same persons to whom the writs de excommunicato
capiendo have heretofore directed; and the same shall be return.
able in like manner as the writ de excommunicato capiendo
hath been by law returnable heretofore, and shall have the
same force and effect as the said writ; and all rules and regu-
lations not hereby altered, now by law applying to the said writ
and the proceedings following thereupon, and particularly the
several provisions contained in a certain act passed in the fifth
year of Queen Elizabeth, intituled An Act for the due execution
of the writ de excommmunicato capiendo,' shall extend and be ap-
plied to the said writ de contumace capiendo, and the proceedings
following thereupon, as if the same were herein particularly re-
peated and enacted; and the proper officers of the said Court
of Chancery are hereby authorized and required to issue such writ
de contumace capiendo accordingly; and all Sheriffs, Gaolers, and
other Officers are hereby authorized and required to execute the
same, by taking and detaining the body of the person against
whom the said writ shall be directed to be executed; and upon
the due appearance of the party so cited and not having appeared
as aforesaid, or the obedience of the party so cited and not having
obeyed as aforesaid, or the due submission of the party so hav-
ing committed a contempt in the face of the Court, the Judges
or Judge of such Ecclesiastical Court shall pronounce such party
absolved

15

25

absolved from the contumacy and contempt aforesaid, and shall forthwith make an order upon the Sheriff, Gaoler, or other officer in whose custody he shall be, in the form to this act annexed, for discharging such party out of custody; and such Sheriff, Gaoler, or other Officer shall, on the said order being shown to him, so soon as such party shall have discharged the costs lawfully incurred by reason of such custody and contempt, forthwith discharge him.

Provided always, and be it further enacted, that nothing in this act contained shall prevent any Ecclesiastical Court from pronouncing or declaring persons to be excommunicate in definitive sentences, or in interlocutory decrees having the force and effect of definitive sentences, such sentences or decrees being pronounced as spiritual censures for offences of Ecclesiastical Cognizance, in the same manner as such Court might lawfully have pronounced or declared the same had this act not been passed.

And be it further enacted, that no person who shall be so pronounced or declared excommunicate, shall incur any civil penalty or incapacity whatever in consequence of such excommunication, save such imprisonment, not exceeding six months, as the Court pronouncing or declaring such persons excommunicate shall direct; and in such case the said excommunication, and the term of such imprisonment, shall be signified or certified to his Majesty in Chancery, in the same manner as excommunications have been heretofore signified, and thereupon the writ de excommunicato capiendo shall issue, and the usual proceedings shall be had, and the party being taken into custody shall remain therein for the term so directed, or until he shall be absolved by such Ecclesiastical Court.

inference from Cohabitation conclusive

from going together to a Brothel

Pago

2

144, 269, 299, 439
278, 300

Visits at private Lodgings, how distinguished

Appendix-Papers relating to the Jews
Sentence on Appeal Lindo v. Belisario
Stat. 53 G. 3. ch. 127.

Excommunication discon-

tinued, sub mods
Appropriation-See Impropriation
Term peculiar to England

Annexiones, Donationes, Uniones, the common terms

Approximate Acts-See Adultery

7

24

163

}ib.

Principles of Presumption and Inference in all Writers 279
Inference therefrom, not limited to the Conclusion of
Witnesses

Articles of Religion-Observations thereon

277

-

278, 373, 377

preaching contrary thereto, and 13 Eliz. c. 12. cause

of deprivation

Stone's Case, under Statute

Whiston's Case, 1714 generally

Assoiler, or Deliverance, Writ of.-See Excommunication 500

Bishops-Residences in London, &c. anciently Extra-

Privilege, if attaching to modern Residencies?

Page

23

32

21

merges, on transfer of the Mansion to other Uses
Ely Chapel, as formerly part of Ely Episcopal House,
how far Extra-Diocesan ;—not so held
History connected therewith

21 et seq.

24

Provisions as to the present House, Stat. 12 G. 3.
cap. 43.

26

C.

Canons-how construed

Church-See Faculty, Seats, &c.

Churchwarden-Persons liable, from a House of Business 379

Collusion-See Divorce

Condongtion See Divorce.

in strictness should be pleaded

157, 169, 424

but may be noticed by Court, to what effect?
Confession of Adultery, must not be ambiguous
in conjunction with other Circumstances,
how received in proof

Counivance See Divorce
Consanguinity-in moral effect, between natural Relas

by the Roman Law, by the Canon Law, by Marriage
Act
what sufficient, formal, or in Writing, not required
onus probandi, of want of Consent and Minority
may be retracted

387
262

262, 347, 354

267
263, 347

265

ib.

Contumary

dissent, in such case, to be distinetly signified