The Speeches in Parliament of Samuel Horsley; Late Lord Bishop of St. Asaph

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1813 edition. Excerpt: ...her seducer is not forbidden by the law of England as it stands at present. "But, my Lords, here again I must dissent: I maintain, that the bill, in this particular clause, is the very reverse of innovation, I say, my Lords, that the present practice is a departure from the true principles of the law, and from the ancient practice; and that this bill, in the abominable clause, reverting to the old principle and restoring the old practice, instead of innovating abolishes innovation. My Lords, inasmuch as causes matrimonial belong to the ecclesiastical jurisdiction, the canon law, so far as it has not been altered by statute, and so far as it has been uniformly adopted as the rule of our ecclesiastical courts, is upon this subject a branch of the common law of England, By the common law of England therefore (for by the old canon law, the law of this subject), parties separated a mensd el thoro by the sentence of the court are. not allowed to contract a new marriage, the one during the life of the other; and any new marriage so contracted is illegal; and the cohabitation of parties under colour of such illegal marriage is adultery. "In all sentences for divorce and separation a thoro et mensdy there shall be a caution and restraint inserted in the act of the said sentence, that the parties so separated shall live chastely and continently; neither shall they during each other's life contract matrimony with other person." This is the 107th of our canons of 1603: But this is only the general rule of the old canon law transferred into the domestic canons of our reformed church; for what says the old canon law?--" Nee illi nubere conceditur, vivo viro a quo recessit, --neque huic alteram ducere, viva, uxore quam dimisit...".