Reports of Cases Argued and Determined in the Consistory Court of London: Containing the Judgments of the Right Hon. Sir William Scott, 2. köideA. Strahan, 1822 |
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Page 18
... authority went further than it did , that cannot be considered as a circumstance at all invalidating his testimony as a witness - least of all would it give a favourable bias to his testimony towards the person who had so resented the ...
... authority went further than it did , that cannot be considered as a circumstance at all invalidating his testimony as a witness - least of all would it give a favourable bias to his testimony towards the person who had so resented the ...
Page 70
... authority of Craigt for asserting that the Canon Law is its basis there , as it is every where else in Europe ... authorities . Several regu- * Book 1. chap . 15. s . 3 . + Craig , lib . 2. dieg . 18. s . 17 . lations , DAIRYMPLE ...
... authority of Craigt for asserting that the Canon Law is its basis there , as it is every where else in Europe ... authorities . Several regu- * Book 1. chap . 15. s . 3 . + Craig , lib . 2. dieg . 18. s . 17 . lations , DAIRYMPLE ...
Page 71
... authority . Mr. Cath- cart infers that the whole of the Scotch statutes hold solemnization by a clergyman , or , as he ex- presses it , some one assuming the functions of a clergyman , as necessary . It rather appears diffi- cult to ...
... authority . Mr. Cath- cart infers that the whole of the Scotch statutes hold solemnization by a clergyman , or , as he ex- presses it , some one assuming the functions of a clergyman , as necessary . It rather appears diffi- cult to ...
Page 72
... authority . I observe , likewise , that a marriage before a magistrate is alluded to in some passages , as nearly equal to that before a minister , though certainly not a marriage in facie ecclesiæ , in any proper sense of that ...
... authority . I observe , likewise , that a marriage before a magistrate is alluded to in some passages , as nearly equal to that before a minister , though certainly not a marriage in facie ecclesiæ , in any proper sense of that ...
Page 81
... authorities to which I shall have occasion to refer are of three classes ; first , the opinions of learned ... authority ; where private opinions , whether in books or writing , incline on one side , and public decisions on the ...
... authorities to which I shall have occasion to refer are of three classes ; first , the opinions of learned ... authority ; where private opinions , whether in books or writing , incline on one side , and public decisions on the ...
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Common terms and phrases
16th July acknowledgment additional Interrogatories admitted adultery afterwards alleged answereth and saith appears authority banns Barker bed-room Burgess BUZZARD and BOYER Campbell cause celebrated church circumstances coffins cohabitation consent de præsenti considered constitute a marriage contract Court of Session DAVID HUME decision declaration of marriage Deponent deposes and answers doctrine domiciled doubt effect evidence Exhibits fact France further Grinton ground Herbert House of Lords husband and wife Interrogatories this Respondent Johanna Dalrymple John William Henry judgment lady law of Scotland laws of France letters libel licence Lord Hawke Lord Stair Loveden matrimonial Miss Gordon mutual nullity observed opinion parish parties persons pleaded present principle proceedings PROCTOR promise of marriage proof proved question residence respect Respondent answereth Respondent deposes riage says SCRIMSHIRE sentence shew Sir Ilay Campbell solemnized sufficient suit SULLIVAN tion valid William Henry Dalrymple witnesses woman writing
Popular passages
Page 402 - England ; no man shall be accounted or taken to be a lawful Bishop, Priest, or Deacon in the Church of England, or suffered to execute any of the said Functions, except he be called, tried, examined, and admitted thereunto, according to the Form hereafter following, or hath had formerly Episcopal Consecration, or Ordination.
Page 275 - Tamet si dubitandum non est, clandestina matrimonia, libero contrahentium consensu facta, rata et vera esse matrimonia, quamdiu Ecclesia ea irrita non fecit...
Page 275 - ... qui ea vera ac rata esse negant, quique falso affirmant, matrimonia a filiis familias sine consensu parentum contracta irrita esse, et parentes ea rata vel irrita faceré posse: nihilominus sancta Dei ecclesia ex iustissimis causis illa semper detestata est atque prohibuit.
Page 315 - The first thing which the Court looks to, when a charge of adultery is preferred, is the date of the charge, relatively to the date of the criminal fact charged, and known by the Party ; because, if the interval be very long between the date and knowledge of the fact, and the exhibition of them to this Court, It will be indisposed to relieve a party, who appears to have slumbered in sufficient comfort over them ; and It will be inclined to infer either an insincerity in the complaint, or an acquiescence...
Page 63 - Marriage, in its origin, is a contract of natural law; it may exist between two individuals of different sexes, although no third person existed in the world, as happened in the case of the common ancestors of mankind: it is the parent, not the child, of civil society, "principium urbis et quasi scminarium rci publicat." (Cic. de Off. 1. 17).- — In civil society it becomes a civil contract, regulated and prescribed by law, and endowed with civil consequences.
Page 2 - It is a fundamental rule that it is not necessary to prove the direct fact of adultery, because, if it were otherwise, there is not one case in a hundred in which that proof would be attainable — it is very rarely indeed that parties are surprised in the direct fact of adultery.
Page 62 - Marriage, being a contract, is of course consensual (as is much insisted on, I observe, by some of the learned advocates J for it is of the essence of all contracts, to be constituted by the consent of parties. Consensus non concubitus facit matrimonium*, the maxim of the Roman civil law, is, in truth, the maxim of all law upon the subject...
Page 137 - Miss Gordon is the legal wife of John William Henry Dalrymple Esq. and that he, in obedience to the law, is bound to receive her home in that character, and to treat her with conjugal affection...
Page 346 - ... by private caprice and fancy, amidst all the giddy revolutions that are perpetually varying the modes and fashions that belong to lighter circumstances in human life.
Page 354 - If these positions be true, it certainly follows that the question of comparative duration sinks into utter insignificance. " In support of them, it seems to be assumed that the tenant himself is imperishable; for surely there can be no inextinguishable title, no perpetuity of possession, belonging to a subject which itself is perishable — but the fact is, that 'man,' and 'for ever,' are terms quite incompatible in any state of his existence, dead or living, in this world.