Report of a Case of Legitimacy, Under a Putative Marriage: Tried Before the Second Division of the Court of Session in February 1811Bell & Bradfute, 1825 - 228 páginas |
Otras ediciones - Ver todo
Report of a Case of Legitimacy, Under a Putative Marriage, Tried Before the ... Robert Bell No hay ninguna vista previa disponible - 2015 |
Report of a Case of Legitimacy, Under a Putative Marriage: Tried Before the ... No hay ninguna vista previa disponible - 2020 |
Report of a Case of Legitimacy, Under a Putative Marriage, Tried Before the ... Robert Bell No hay ninguna vista previa disponible - 2015 |
Términos y frases comunes
act of Parliament admitted adopted alleged argued argument authority Bankton bastardize bona fides Canon law Canonists child Civil law claim client Commissaries conceive consequence consider consistorial courts contrary counsel Court of Session decided decision declared defenders divorce doctrine doubt ecclesiæ effect endeavoured entitled equity Erskine father favour Gillies give Glenlee ground heir held ignorance illegitimate Innocent interlocutor issue judgment jure lady law of England law of France law of Scotland lawyers legitimate the children Lord Stair maintained mala fides married matrimonium matter means never null obiter dictum opinion of Craig parents parties passage person plea pleaded Pope Pope Innocent III present principles prior marriage proof pursuer putative marriage quæ question quod Regiam Majestatem rescript riage rule second husband second marriage sect shew status of legitimacy sufficient sunt Suppose terce thing tion void voidable wife woman
Pasajes populares
Página 105 - by which they proceed is the Canon Law, but not in its full latitude, " and only so far as it stands uncorrected either by contrary Acts of Parliament " or the Common Law and custom of England, for there are divers canons made " in ancient times, and decretals of the Pope that never were admitted here in
Página 105 - ... but all the strength that either the papal or imperial laws have obtained in this kingdom, is only because they have been received and admitted either by the consent of parliament, and so are part of the statute laws of the kingdom, or else by immemorial usage and custom in some particular cases and courts, and no otherwise ; and therefore so far as such laws are received and allowed of here, so far they obtain and no farther ; and the authority and force they have here is not founded on, or...
Página 104 - Justinian compiled their corpus juris civilis, and by his edicts confirmed and published the same as authentical ; or, because this, or that council, or pope, made those or these canons or decrees ; or because Gratian, or Gregory, or Boniface, or Clement, did, as much as in them lay, authenticate this or that body of canons or institutions (6).
Página 123 - Parliament assembled, and by the authority of the same, that no descendant of the body of his late Majesty King George II., male or female (other than the issue of princesses who have married, or may hereafter marry, into foreign families), shall be capable of contracting matrimony without the previous consent of his Majesty, his heirs or successors, signified under the Great Seal...
Página 123 - That no descendant of the body of his late majesty King George the Second, male or female, (other than the issue of princesses who have married, or may hereafter marry, into foreign families) shall be capable of contracting matrimony without the previous consent of his Majesty, his heirs, or successors, signified under the great seal...
Página 105 - Emperor, u they are such, bind here ; but all the strength that either the papal or imperial laws have obtained in this kingdom, is only because they have been received and admitted, either by the consent of parliament, and so are part of the statute laws of the kingdom, or else by immemorial usage and custom in some particular cases and courts, and no otherwise...
Página 58 - So deep hath this canon law been rooted, that even where the Pope's authority is rejected, yet consideration must be had to these laws, not only as those by which church benefices have been erected and ordered, but as likewise containing many equitable and profitable laws, which, because of their weighty matter, and their being once received, may more fitly be retained than rejected.
Página 123 - ... and that every marriage or matrimonial contract of any such descendant, without such consent first had and obtained, shall be null and void to all intents and purposes whatsoever.
Página 105 - ... otherwise ; and therefore, so far as such laws are received and allowed of here, so far they obtain and no farther ; and the authority and force they have here is not founded on, or derived from themselves, for so they bind no more with us, than our laws bind in Rome or Italy. But their authority is founded merely on their being admitted and received by us, which alone gives them their authoritative essence, and qualifies their obligation.
Página 100 - Customes, as they have arisen mainly from Equity, so they are also from the Civil Canon and Feudal Laws, from which the Terms, Tenors and Forms of them are much borrowed; and therefore these especially (the Civil Law) have great weight, namely in cases where a custome is not yet formed...