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 239: So by Sir John Stoddart in his evidence before the
Lords' Select Committee, 1844: "Therefore I apprehend that the
_Reformatio legum_ having been published as a work of authority,
although not of absolute legislative authority, it must have
been, and in all probability was, followed: and for that reason
_in the Spiritual Courts there were dissolutions of marriage_.
Because _I believe that from about the year 1550 to the year 1602
marriage was not held by the Church, and therefore was not held
by the Law, to be indissoluble_."--_Minutes of Evidence_, 27:
_Law Review_ (Eng.), I, 358, 359.]
[Footnote 240: _Law Review_ (Eng.), I, 359. _Cf._ JEAFFRESON,
_op. cit._, II, 323.]
[Footnote 241: JEAFFRESON, _op. cit._, II, 323, 324. Cranmer
examined the Fathers and other authorities on divorce for
adultery; and the material which he thus collected grew into a
large book, which Burnet, who gives a summary, says he has seen:
_Hist. of Reformation_, I, 330 ff. Burnet's summary is also
given by GEARY, _Marriage and Family Relations_, 577, 578. _Cf._
MACQUEEN, _Practical Treatise_, 468, 469.]
[Footnote 242: 5 and 6 Ed. VI., c. 4.]
[Footnote 243: MACQUEEN, _op. cit._, 469. "This bill is often,
but erroneously, referred to as the earliest example of
parliamentary divorce (SHELFORD, 373). It is not a divorce bill;
neither did it proceed upon the principle of a divorce bill. Its
object was merely to declare that the adultery of the first wife,
followed by the ecclesiastical sentence, entitled the Marquis
to take a second wife. The principle on which the act passed
assumed the jurisdiction of the Church Court, to dissolve the
marriage _proprio vigore_. The act did not divorce the parties,
but merely declared them to be _already_, by the ecclesiastical
sentence, sufficiently divorced to admit of the Marquis marrying
again."--_Ibid._, 469 n. _e_. On this case see also _Law Review_
(Eng.), I, 358, 359; _Report of the Royal Commission on Divorce,
Parl. Papers_, 1853, 57 ff.; GEARY, _op. cit._, 17; WOOLSEY,
_Divorce_, 169-71; LECKY, _Democracy and Liberty_, II, 174, 175;
BURN, _Ecc. Law_, II, 503_a_-503_b_; REEVES, _Hist. of Eng. Law_,
V, 80, 81; MORGAN, _Marriage, Adultery, and Divorce_, II, 229
ff.]
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