Page images
PDF
EPUB

CASES CITED.

PAGE)

PAEG. · Arthur v. Gourley ... 28 Keats v. Keats and anor. 20

Bramwell v. Bramwell... 43 Legrand v. Legrand ... 20 Bray v. Bray

29 Lismore's case Campbell's case

97 Lovenden v. Lovenden... Ciocci v Ciocci

29 M'Adam v. Walker Colburn's case

Orde v. Orde
Coode v. Coode
Crew v. Crew

19 Paterson v. Russell D'Aguilar v. D’Aguilar

Philips v. Philips
Dalrymple v. Dalrymple 10, 13 Richardson v. Richardson
Dillon v. Dillon ... 20 Rogers v. Rogers
Dunn v. Dunn

19 Sherwood v. Ray Dundas' case

30 Stewart v. Menzies Durrant v. Durrant 19, 35 Stone v. Stone

Sullivan's case Evans v. Evans

Taaffe's case Foster v. Foster

ou Thompson v. Thompson Graham's case

30 Timmings v. Timmings 17,20 Grant v. Grant

Walker v. Walker Greenhill v. Ford

Waring v. Waring ... 29, 35 Harris v. Harris

30 | Westmeath v.Westmeath Hart v. Hart

Williams v. Williams ...

ABBREVIATIONS EXPLAINED.
Cla. & F., Clarke & Fennelly's Mac., Macqueen's Reports.
Reports.

Phill., Phillimore's Reports.
Curt., Curties' Reports.

Rob., Robertson's Reports. Hagg., Haggard's Reports. Rules & O., Rules and Orders of Ho. Lords, House of Lords Re- ' the Court for Divorce and ports.

Matrimonial Causes.

CHAPTER I.
OF MARRIAGE AND DIVORCE GENERALLY.

1. Marriage a civil contract, apart from Scriptural declarations. 2. Solemnity of the marriage vows. 3. Marriage naturally indissoluble in certain cases. 4. Cases in which the natural law admits of Divorce. 5. Natural causes of irreconcileable differences between married

couples. 6. Classification of married persons. 7. Dissolution by voluntary consent should be allowed. 8. Scriptural obligations in reference to Divorce. 9. The civil law-adultery the foundation of relief. 10. Early exercise by Parliament of the power of Divorce. 11. Irish suitors must proceed in England for relief, 12. Administration of the law of Divorce in Scotland. 13. Divorce by mutual consent allowed in Prussia. 14. Divorces in Francethe Roman Catholic doctrines. 15. Voluntary separations intended to be provided for by the new

law.

16. Marriage the basis of proceedings for Divorce, 17. The fact must be tried with reference to the laws where the

marriage took place. 18. The ancient law of marriage in Ireland. 19. The existing law of marriage in Ireland. 20. The law of marriage in England. 21. The Scotch law-marriage by mere consent. 22. Gretna Green marriages. 23. The intention must be to marry, or a marriage will not be

constituted. 24. Marriage by habit and repute.

1. OWING to some tradition of the Divine appointment of marriage in our first parents, or merely from a design to impress the obligation of the marriage contract with a solemnity suited to its importance, the marriage rite, in almost all countries in the world, has

[ocr errors]

been made a religious ceremony; although, of its own nature, and abstracted from the rules and declarations which Jewish and Christian Scripture deliver concerning it, marriage is a civil contract, and nothing more.?

2. The ceremony is usually grave, solemn, and impressive. The husband promises, on his part, “ to love, comfort, honor, and keep his wife;" the wife, on hers, to “ obey, serve, love, honor, and keep her husband,” in every variety of wealth, fortune, and condition; and both stipulate " to forsake all others, and keep only to one another so long as they both live.The parties, by this vow, solemnly engage their personal fidelity, expressly and specifically : they engage likewise to consult and promote each other's happiness. 2

3. And by the law of Nature, marriage is, in all well-constituted minds, not only instituted, but made indissoluble, except by death: even the lower animals that live in pairs exemplify permanent connexion. With regard to man, where the organs of domestic affection bear a just proportion to each other, and where the moral and intellectual organs are favorabiy developed and cultivated, there is not only no desire, on either side, to bring the marriage tie to an end, but the utmost repugnance to do so. The deep despondency which changes into one unbroken expression of grief and desolation the whole aspect of even the most determined and energetic men, when they lose by death the cherished partners of their lives; and that breaking down of spirit-profoundly felt, although meekly and resignedly borne, which the widow indicates when her “ stay and delight” is removed from her for ever, proclaim in language too touching and too forcible to be misunderstood, that, where the marriage tie is

i Payley's Philosophy, B. 3, p. 3, c. 8,

2 The wife, moreover, promises obedienee to her husband., Nature may have left the sexes of the human species nearly equal in their faculties, and perfectly so in their rights; but to guard against those competitions which equality or a contested superiority, is almost sure to produce, the Christian Scriptures enjoin upon the wife, in terms peremptory and absolute, that obedience which she here promises.

CHAPTER I.

OF MARRIAGE AND DIVORCE GENERALLY.

1. Marriage a civil contract, apart from Scriptural declarations. 2. Solemnity of the marriage vows. 3. Marriage naturally indissoluble in certain cases. 4. Cases in which the natural law admits of Divorce. 5. Natural causes of irreconcileable differences between married

couples. 6. Classification of married persons. 7. Dissolution by voluntary consent should be allowed. 8. Scriptural obligations in reference to Divorce. 9. The civil law_adultery the foundation of relief. 10. Early exercise by Parliament of the power of Divorce. 11. Irish suitors must proceed in England for relief, 12. Administration of the law of Divorce in Scotland. 13. Divorce by mutual consent allowed in Prussia. 14. Divorces in Francethe Roman Catholic doctrines. 15. Voluntary separations intended to be provided for by the new

law.

16. Marriage the basis of proceedings for Divorce, 17. The fact must be tried with reference to the laws where the

marriage took place. 18. The ancient law of marriage in Ireland. 19. The existing law of marriage in Ireland. 20. The law of marriage in England. 21. The Scotch law-marriage by mere consent. 22. Gretna Green marriages. 23. The intention must be to marry, or a marriage will not be

constituted. 24. Marriage " by habit and repute.

1. Owing to some tradition of the Divine appointment of marriage in our first parents, or merely from a design to impress the obligation of the marriage contract with a solemnity suited to its importance, the marriage rite, in almost all countries in the world, has

B

« EelmineJätka »