Reports of Cases Argued and Determined in the English Ecclesiastical Courts: Haggard's reports, v. 2 and Haggard's consistorial reports, v. 1 and 2

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P. H. Nicklin and T. Johnson, 1832 - Divorce

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Page 393 - bride then drink of the wine ; after which the ' bridegroom takes the ring, and puts it on the ' bride's finger; saying, ' Behold thou art wedded ' to me with this ring, according to the law of * Moses and Israel.
Page 309 - When people understand that they must live together, except for a very few reasons known to the law, they learn to soften by mutual accommodation that yoke which they know they cannot shake off. They become good husbands and good wives from the necessity of remaining husbands and wives ; for necessity is a powerful master in teaching the duties which it imposes.
Page 308 - To vindicate the policy of the law is no necessary part of the office of a judge ; but if it were, it would not be difficult to shew that the law in this respect has acted with its usual wisdom and humanity, with that true wisdom, and that real humanity, that regards the general interests of mankind. For though in particular cases the repugnance of the law to dissolve the obligations...
Page 460 - ... is, that the circumstances must be such as would lead the guarded discretion of a reasonable and just man to the conclusion ; for it is not to lead a rash and intemperate judgment, moving upon appearances that are equally capable of two interpretations ; neither is it to be a matter of artificial reasoning, judging upon such things differently from what would strike the careful and cautious consideration of a discreet man.
Page 188 - Bring me to the test, And I the matter will re-word, which madness Would gambol from. Mother, for love of grace, Lay not that flattering unction to your soul, That not your trespass, but my madness speaks.
Page 262 - What merely wounds the mental feelings is in few cases to be admitted, where they are not accompanied with bodily injury, either actual or menaced. Mere austerity of temper, petulance of manners, rudeness of language, a want of civil attention and accommodation, even occasional sallies of passion, if they do not threaten bodily harm, do not amount to legal cruelty...
Page 309 - Still less is it cruelty when it wounds not the natural feelings, but the acquired feelings arising from particular rank and situation; for the court has no scale of sensibilities by which it can gauge the quantum of injury done and felt...
Page 309 - And if it be complained that by this inactivity of the courts much injustice may be suffered and much misery produced, the answer is that courts of justice do not pretend to furnish cures for all the miseries of human life.
Page 554 - Petersburg does not look to the ritual of the Greek Church, but to the rubric of the Church of England, when he contracts a marriage with an English woman. Nobody can suppose, that, whilst the Mogul empire existed, an Englishman was bound to consult the Koran for the celebration of his marriage.
Page 308 - The law has said that married persons shall not be legally separated upon the mere disinclination of one or both to cohabit together. The disinclination must be founded upon reasons which the law approves, and it is my duty to see whether those reasons exist in the present case.

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