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
illustrative material the _Cases of Divorce for Several Causes_
(London, 1715); and the _Crim. Con. Actions and Trials and other
Legal Proceedings relating to Marriage before the passing of the
present Divorce Act_ (London, n. d.). With these may be compared
the modern case _Ehescheidungs-Process Colin-Campbell_ (London,
1886). For the Stuart period have also been used Barrington,
_Observations Upon the Statutes_ (2d ed., London, 1766); Hale,
_History of the Pleas of the Crown_ (London, 1800); Coke,
_Reports_ (London, 1826); his _Institutes_; and the _Reports_ of
Croke, Kelyng, and Marche.
Milton's "Doctrine and Discipline of Divorce," "Tetrachordon,"
and "Colasterion" may be found in Vols. III and IV of his
_Prose Works_ (London, 1889-90). The only special work on
parliamentary divorce is that contained in Macqueen's _Practical
Treatise on the Appellate Jurisdiction of the House of Lords
and Privy Council_ (London, 1842). There are a number of papers
relating to the early cases in the _Reports of the Historical
Manuscripts Commission_. Morgan, _Marriage, Adultery, and
Divorce_ (Oxford, 1826), has a long account; and the Lord Roos
suit gave rise to _The Case of Divorce and Re-Marriage_ (London,
1673). The proceedings in the Northampton case may be found in
Howell's _State Trials_, XII.
The _Statutes at Large_ and Hansard's _Parliamentary Debates_
are, of course, in frequent requisition. For the reform of the
laws relating to affinity and divorce important sources are
the "First Report of the Commissioners" (affinity), in _Brit.
Documents, 1847-8_, XXVIII (London, 1848); "First Report of the
Commissioners" (divorce), _ibid._, _1852-3_, XL (London, 1853);
"Evidence before the Select Committee of the House of Lords,
1844" (divorce), reprinted _ibid._; _A Return giving an Outline
of Marriage Laws, and the State of the Law of Divorce_, in
three parts (London, 1894); _Return of the Number of Divorces_,
Part I, "Foreign Countries;" Part II, "Brit. Colonies"(London,
1895-96); and the _Report of the Upper House of the Convocation
of Canterbury, 1885_ (divorce).
Public-domain text, read in full here on John Shaqi.
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