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 303: MACQUEEN, _Practical Treatise_, 469. _Cf._ n. 4,
p. 80, above.]
[Footnote 304: The act, being private, was never printed in the
collections of statutes; but a writer in the _Law Review_, I,
363 n. 1, publishes it from the "House copy in the parliament
office." _Cf._ MACQUEEN, _op. cit._, 471-73, 551-61, who
discusses the case, giving Bishop Cozen's argument, but he does
not appear to have had a copy of the statute before him. See
EVELYN, _Diary_ (London, 1878), II, 49 n. 3, who declares that
the Roos divorce bill was carried under influence of corrupt
political motives; and he is followed by KEBLE, _Sequel to
the Argument_, 212 ff.; and MORGAN, _Marriage, Adultery, and
Divorce_, II, 237 ff. For a number of instructive details
relating to this case, extending over the years 1662-70, taken
from the manuscripts of the House of Lords, see _Reports of Hist.
MSS. Com._, VII, 165, 166; VIII, 102_a_, 117_a_, App. I, 141_a_;
XII, App. V, 8; App. VII, 69. The last entry runs: "1669, March
14. News letter. Lord Roos presses for liberty to marry again,
urging precedent of Marquess of Northampton. All the bishops
oppose except the B. of Durham." It is here noted that the act
finally passed April 11, 1670; 22 Car. II., 1, Private Acts. The
case gave rise to _The Case of Divorce and Re-Marriage thereupon_
(London, 1673), in which a "Reverend Prelate of the Church of
England" denies, and a "private Gentleman" maintains, the right
of remarriage on scriptural authority.]
[Footnote 305: On these two cases see MACQUEEN, _op. cit._, 473,
562-76; and _Law Review_, I, 364. The proceedings in the Norfolk
case are contained in Vol. II, 59-324, appended to ARCHBISHOP
ABBOT'S _The Case of Impotency_; also in HOWELL'S _State Trials_,
XII, 883-948; and in part in the _Reports of Hist. MSS. Com._,
XIV, 17-27, 278, where, in addition, arguments of the counsel are
given. Sir W. Williams, counsel for the duchess, calls this case
the "first precedent."]
[Footnote 306: MACQUEEN, _op. cit._, 474, 496; LUCKOCK, _Hist.
of Marriage_, 179, note; WHARTON, _Exposition of Laws rel. to
Women_, 471, 472; MORGAN, _Marriage, Adultery, and Divorce_,
II, 244 ff. The "earliest specimen of a dissolving statute
passed by the Legislature, _after_ sentence of divorce in the
ecclesiastical court" is the "Act to dissolve the marriage of
Ralph Box with Elizabeth Eyre, and to enable him to marry again,"
1701. This form was followed ever after: _Law Review_, I, 364,
365.]
[Footnote 307: Since about 1800: MACQUEEN, _op. cit._, 489. _Cf._
WHARTON, _op. cit._, 472, 483; GLASSON, _Le marriage civil et
le divorce_, 318. For examples of these actions for "criminal
conversation" see _Cases of Divorce_ (London, 1715), 1 ff.
(Feilding), 41 ff. (Dormer); and _Crim. Con. Actions and Trials_,
10 ff., containing a good historical introduction.]
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