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minepast minepast strange bits of history i stumble across as i research my historical fiction i post here erratically if you don t want to miss a post there s a feed link down at the bottom of the page you can also get blog posts through e mail at feedblitz com but you ll have to come back here to comment my web page pages home my books facebook badge click on the box below to visit and like my facebook page seduction in silk my next book click on the cover for more blog archive 2014 1 november 1 divorce 2011 7 september 1 august 1 march 1 february 2 january 2 2010 23 december 2 november 1 october 1 september 1 july 1 june 1 may 7 march 3 february 2 january 4 2009 21 december 7 november 5 october 1 august 2 july 1 may 1 april 1 february 1 january 2 2008 14 november 2 august 1 may 3 april 1 february 2 january 5 2007 21 december 1 november 3 september 2 august 7 july 2 june 3 may 1 april 1 january 1 2006 12 october 2 july 2 june 3 may 3 april 1 march 1 2005 29 december 3 november 2 october 2 september 3 august 6 july 1 june 8 may 4 links word wenches romance writers of america my web site subscribe to feed for minepast about me jo beverley devon united kingdom i m the author of over 30 bestselling historical romance novels and a member of the rwa hall of fame view my complete profile friday november 28 2014 divorce from the law dictionary explaining the rise progress and present state of the british law divorce the separation of two de facto married together made by law it is a judgment spiritual and therefore if there be occasion it ought to be reversed in the spiritual court co lit 385 and besides sentence of divorce in the old law the woman divorced was to have of her husband a writing called a bill of divorce which was to this effect viz i promise that hereafter i will lay no claim to thee c see title baron and feme iii 2 vi and particularly xi see also title marriage there are many divorces mentioned in our books as causa prct contractus causa frigiditatis causd consanguinitatis causa affinitatis causa professions c but the usual divorces are only of two kinds i e a mensa sf thoro from bed and board and a vinculo matrimonii from the very bond of marriage a divorce a mensa thoro dissolveth not the marriage for the cause of it is subsequent to the marriage and supposes the marriage to be lawful this divorce may be by reason of adultery in either of the parties for cruelty of the husband c and as it doth not dissolve the marriage so it doth not debar the woman of her dower or bastardize the issue or make void any estate for the life of husband and wife c co lit 235 3 inst 89 7 rep 43 the woman under separation by this divorce must sue by her next friend and she may sue her husband in her own name for alimony wood s inst 62 a divorce a vinculo matrimonii absolutely dissolves the marriage and makes it void from the beginning the causes of it being precedent to the marriage as precontract with some other person consanguinity or affinity within the levitical degrees impotency impuberty c on this divorce dower is pone and if by reason of precontract consanguinity or affinity the children begotten between them are bastards co rii 335 2 inst 93 687 but in these divorces the wife it is said shall receive all again that she brought with her because the nullity of the marriage arises through some impediment and the goods of the wife were given for her advancement in marriage which now ceaseth but this is where the goods are not spent and if the husband give them away during the coverture without any collusion it shall bind her if she knows her goods unspent she may bring action of detinue for them and as for money c which cannot be known she must sue in the spiritual court dyer 62 nels abr 675 this divorce enables the parties to marry again but in the other cases a power for so doing must be obtained by act of parliament where lands were formerly given to husband and wife and the heirs of their bodies in frank marriage if they had been afterwards divorced the wife was to have her whole lands and by divorce an estate tail of baron and feme it is said may be extinct godb 18 after a sentence of divorce is given in the spiritual court causa precontracts the issue of that marriage shall be bastards so long as the sentence stands unrepealed and no proof shall be admitted at common law to the contrary co lit 235 1 nels 674 in such case issue of a second marriage may inherit until the sentence is repealed 2 leon 207 if after a divorce a mensa et thoro either of the parties marry again the other being living such marriage is a mere nullity and by sentence to confirm the first contract she and her first husband become husband and wife to all intents without any formal divorce from the second 1 leon 173 also on this divorce as the marriage continues marrying again while either party is living hath been held to be bigamy within the stat uac c ll cro car 333 1 nels 67 t a divorce for adultery was anciently a vinculo matrimonii and therefore in the beginning of the reign of queen elizabeth the opinion of the church of england was that after a divorce for adultery the parties might marry again but in foliambe s case h 44 el in the star chamber that opinion was changed and archbishop bancroft by the advice of divines held that adultery was only a cause of divorce h mensa et thoro 3 salk 138 sentence of divorce must be given in the life of the parties and not afterwards but it may be repealed in the spiritual court after the death of the parties co lit s3 244 7 rep 44 5 rep 98 upon the divorce of a man and his wife equity will not assist the wife in recovering dower at the husband s death but shall leave her to the law neither ought the spiritual court to grant her administration she not being such a wife as is entitled to it nor will the chancer decree her a distributive share preced cane ill 115 divorces may be obtained by act of parliament and for 1 this purpose it is necessary that on the petition for the bill to the house of lords where such bill usually originates that an official copy of the proceedings and definitive sentence of divorce a mensa e thoro in the ecclesiastical courts at the suit of the petitioner shall be delivered at the bar on oath upon the second reading of the bill the petitioner must attend the house to be examined at the bar if the house think fit whether there is any collusion respecting the act of adultery or the divorce or any action for crim con and whether the wife was living apart from her husband under articles of separation in all divorce bills must be contained a clause prohibiting the offending parties from intermarrying with each other and evidence must be given in the committee of the house of commons on the bill that an action for damages has been brought against the seducer and judgment for the plaintiff had thereon or a sufficient reason given why such action was not brought or judgment obtained see the standing orders of the two houses 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