Reports of Cases Argued and Determined in the Consistory Court of London: Containing the Judgments of the Right Hon. Sir William Scott, 1788-1821. 1789-1810
A. Strahan, 1822
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Aaron Mendes Belisario admitted adultery allegation answer appears applied authority Bethdin betrothment Bishop Bishop of London Bobillier called cause ceremony certainly chapel character charge Church Churchwardens circumstances citation cohabitation conduct consent considered Consistory Court contract Court of Arches Court of Chancery criminal cruelty declared deponent depose Diocese Diocese of Ely divorce duty Ecclesiastical Court effect Elwes entitled Evans evidence examined expence fact father Filewood Gemara give given ground guardian Hupa husband imputation Jewish law Jews Judge judgment jurisdiction Kedushim Ketuba lady libel licence Lindo Maimonides manner marriage married matter mother nature necessary notice nullity objection observed offence opinion parish Parishioners party passed person plea pleaded present presume proceedings proof proved question reason Rector respect riage rule sentence shew shewn Sir William Scott.—This statute sufficient suit Talmud Thackeray tion tithe valid wife witnesses woman words
Pagina 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...
Pagina 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.
Pagina 507 - Present, the Queen's most excellent majesty In Council. Upon reading this day at the board a representation from the...
Pagina 520 - 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.
Pagina 433 - Qui cum alio contrahit, vel est, vel debet esse, non ignarus conditionis ejus...
Pagina 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...
Pagina 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.
Pagina 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.
Pagina 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.
Pagina 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.