coke b bury case mich Elizabeth in the common plea a man divorce by reason of  perpetual impotency in himself marry again the issue of the second marriage be  legitimate a voidable marriage continue a marriage till it be dissolve SC more  dyer a pl Leon Noy and jenk cent between Webber and bury in a ejection firm a  special verdict be give on a divorce between bury and his wife causan  frigiditatis and that the wife for three year after the marriage to stay  behind virgo intacta near perpetuan weakness generation in man quod man to be  play the fool ad generand a powerless coendi in man whether by natural defect  or accidental mean whether absolute towards all or respective to his wife only  if it precede matrimony and be perpetual be a just cause of divorce a chain  marriage earl of essex case state trial Com dig baron and feme c Briggs v  Morgan Hagg if it still remain without remedy Greenstreet v Cumyns Phill Rep  the suit may be institute by either party by reason of the perpetual impotency  of the other but except in case of palpable and irremediable imperfection such  as natural malconformation ecclesiastical court require a continue  cohabitation of three year before a suit can be entertain for a sentence of  nullity of marriage Ayliffes parergon title divorce Briggs v Morgan Hagg ad a  party shall not take advantage of his own wrong and allege his own defect know  to he at the time of contract the marriage as a reason for a sentence of  nullity of marriage Norton v Seaton Phill Rep nor shall a man be divorce from  his wife on account of her defect if the defect complain of be know to he at  the time of the marriage Ayliffes parergon title divorce and there be other  circumstance which tend to bar a suit of this description in guest v Shipley  Hagg a citation in a suit of nullity of marriage by reason of incurable  impotence arise from malconformation in the wife be dismiss the complainant  have confess the validity of the marriage in former proceed against he for a  divorce by reason of adultery Vid Briggs v Morgan Hagg pointer law of marriage  and divorce et seq burn Ecc law a and in this special verdict all the  examination of the witness on which the judge in the spiritual court be move  to give his sentence and which be depose in the same case by which the  perpetual coke report a er p infirmity and disability of bury ad generand be  manifest which be not enter in a former verdict on which judgement be give by  which it be pretend that by reason of his perpetual impotency the issue which  he have by the second wife be illegitimate and that be the doubt in this cause  which the jury conceive and it be adjudge that the issue by the second wife be  legitimate for it be clear that by the divorce causan frigiditatis the  marriage be dissolve a chain marriage and by consequence each of they may  marry again then admit the second marriage be voidable yet it remain a  marriage until it be dissolve and by consequence the issue which be have  during the coverture if no divorce be in the life of the party be lawful see  ass e h bastardy Bracton lib fol h e consultation et always presumpit pro  legitimatione a male child descentfromfather non to be able to make good also  a man may be handy difficult to handle to visit time and therefore  notwithstanding the deposition by which a natural and perpetual inability  before the first sentence be depose judgement be give that the issue be lawful  accord to the first judgement give and on this judgement a writ of error be  bring and after many argument and great deliberation the say judgement be  affirm by Popham chief justice and the whole court for the reason and cause  aforesaid