A History of Matrimonial Institutions, Vol. 2 of 3Howard, George Elliott
History
A History of Matrimonial Institutions, Vol. 2 of 3
Howard, George Elliott
Families; Marriage -- History
[Footnote 277: See the excellent discussion of the relation of
the spiritual and temporal law in cases of "putative" wedlock by
POLLOCK AND MAITLAND, _op. cit._, II, 373 ff.]
[Footnote 278: _Ibid._, 375; _ap. Year Book_, 11-12 Ed. III.,
xx-xxii; for the early period see GLANVILLE, _Tractatus_, VI, 17;
BRACTON, _De legibus_, fol. 63. _Cf._ also WOOLSEY, _Divorce_
124.]
[Footnote 279: POLLOCK AND MAITLAND, _op. cit._, II, 375 n. 3.
_Cf._ BLACKSTONE, _Commentaries_, I, 440; _Co. Lit._, 233, 235;
also GLASSON, _Hist. du droit_, IV, 152; BURN, _Ecc. Law_, II,
501_b_-501_c_.]
[Footnote 280: WOOLSEY, _op. cit._, 124.]
[Footnote 281: See _First Report of Commissioners_ (affinity),
1847-48, v; also HAMMICK, _Marriage Law_, 32. Originally the
decree might be rendered after the death of one or both of
the persons, without, of course, affecting the status of the
children.]
[Footnote 282: See Pride _v._ The Earls of Bath and Montague
(1695): in 1 SALKELD'S _Reports_, 120, declaring that the
reason why the spiritual court cannot give sentence to annul a
marriage after the death of the parties is "because sentence is
given only _pro salute animae_, and then it is too late." _Cf._
GEARY, _Marriage and Family Relations_, 10, 11; BLACKSTONE,
_Commentaries_, I, 444; JEAFFRESON, _Brides and Bridals_, II,
262-64.]
[Footnote 283: Harris _v._ Hicks (1694): in 2 SALKELD'S
_Reports_, 548, where such consort may be proceeded against for
incest. "Our forefathers, with exquisite inconsistency, were of
opinion that the survivor might (for his or her soul's good) be
proceeded against and punished in a spiritual court, for having
committed sin in respect of the marriage which might not be
adjudged a sinful nullity."--JEAFFRESON, _op. cit._, II, 264.
_Cf._ GEARY, _op. cit._, 10, 11, 32.]
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