ccvii morris and WEBBERS case in a ejection strong by George morris against  Webber alias turnor the plaintiff declare upon a lease by Humphrey bury c and  upon not guilty the jury find this special matter that Henry bury be seize et  to take in hand in wife quandan Willmottam Gifford nariae and afterward  Elizabeth she libel in the spiritual court against the say Henry in causan  separation de nullitate marriage and find upon the libel Leonard er p in haec  word and all the sentence upon it videlicet in God nomin amen per laying down  examinationes Median another fide dignorum regarded with honor expertar  matronar to obtain knowledge of to come upon quod predict henr Willmotta legit  lifetime full pubert exist per duos aged fresh troops simul cohabitaveru in to  make one bed concubueru although dict Willmotta need book dare cupierit never  yet per carnal things copulan cum speech Henry unite or ab there understand to  be able or to be able he near fault continuous frigiditatis nature  impotenticae to beget who no one Median need curari pot he predict Humphrid  often acknowledged admitted fact be see never cum prediction Willmotta tanquam  man cum wife jointly to be or unite to be able therefore call upon at first  God nomin marriage predict irritar cessar quatenuscunque de facto to go before  hunting net ineffective nullumque in lege law law entirely career career to  withhold to decide to disclose ipsosque quabenus are de facto matrimonially ad  in turn to yoke together a chain marriage to disjoin c Burgundy make a feoff  in fee unto the use of himself for life and after to the use of the first or  old son of the body of the say Henry in tail willmot marry caryi Henry take to  wife Phillippam Mountjoy conscious of marriage predict definitive opinion  predict to make hard both marriage tam inter dict car Willmotta how inter  speech Henry Phillippam dictam Phillippa exit to have per dict Henry Humphrey  the lessor upon which lease the plaintiff declare Humphrey die Henry enter and  lease to the plaintiff Shuttleworth sergeant argue for the plaintiff that this  divorce not reverse or undo by appeal or otherwise shall stand in force and  accord to it the law of the land shall judge see e grammatical case ultimo  five manner of divorce be mention I causan declaration Praecontractus  consanguinitatis relation by marriage frigiditatis upon a divorce causan  declaration the wife shall be endow and the heir shall inherit but in the  other not and the principal cause be report by the Lord dyer Elizabeth where  caryi and willmott levy a fine of the land of willmott as husband and wife and  it be move that such fine ought not to be engross because that now the divorce  be avoid for Henry in his second marriage have issue therefore there be no  perpetuan frigiditas c but at the last it be engross because the sentence of  the divorce do continue in its force and then Humphrey bear in the second  marriage be the first son of Henry lawful beget and so capable of the use to  he limit upon the feoff of Henry e Fitzherbert consultation by Catesby where  my father and mother be divorce without lawful cause and afterward they marry  themselves elsewhere and die the say divorce as long as it be in force shall  bind I in point of inheritance and I can have a action as heir c during the  divorce be in force for the divorce be a spiritual judgement shall not be  reform but in the spiritual court and therefore this sentence of divorce  causan continuous frigiditatis as long as it be in force not repeal or reverse  shall bind all person but Leonard in some case such a divorce shall not  disable the party to sue as if a man bring a action de woman lead away cum  good man where after the trespass commit the husband and wife be divorce yet  the action lie for this action be not in the right but in possession only and  in such action never accoupled in legal matrimony be not any plea but the  defendant ought to answer to the possession not his wife for although they be  divorce yet the action lie and if judgement be give in the spiritual court the  court of the king shall receive and admit of they as long as they be in their  force the abbot of fountain case h the custom of the abbey be that at every  vacation of the abbot the monk shall proceed to a new election and that be who  shall be choose by the great number of the monk shall be abbot and the case be  that upon such avoidance one a be elect by the great number of voice sure monk  and b be choose by the lesser number sure monk but notwithstanding that b  enter and carry himself as abbot by the institution of the visitor and make a  deed by consent of the covent and die it be hold that the say deed shall bind  the house for here be a spiritual act sure the institution of the visitor  which be in force shall bind we and our law h upon contention betwixt two  patron claim the presentment unto a church the bishop award jure patronatus  which find for one of they upon which the bishop admit the clerk of he for who  it be find by the jure patronatus and afterward the other party bring a quare  hinder and it be Leonard er p find for he now this judicial act do by the  bishop shall excuse the bishop from any disturbance Fenner sergeant contrary  although that the sentence of this divorce be set down in peremptory and final  term as marriage hunting net ineffective no one yet our law shall respect the  cause and ground of it sure perpetuan frigiditas c and now it appear by the  success of the second marriage sure the issue Humphrey that the cause and  matter upon which the divorce be ground c be a offence of the time and not of  nature for he be now recover j and in as much as the church have err in the  sentence of this divorce which error be now apparent this court shall adjudge  accord to the truth of the matter as the spiritual law ought to have adjudge  and not as they have adjudge and he cite fox case Elizabeth the say fox be  parson of a church be deprive in the parliament time for incontinency and by  the same parliament all incontinencies be pardon j now upon the matter we be  to adjudge this deprivation mere void without any other spiritual act at  another day the case be argue by Walmsley sergeant that the sentence  definitive of the spiritual court in cause of divorce causan frigiditatis  shall stand and he argue much in what manner the law of the church and the law  of the land shall determine marriage and be argue that the right of marriage  be determinable by the spiritual law and be say that such sentence ought to be  pass by our law and take notice of and therefore he who plead a divorce ought  to show before what judge the divorce be have to the intent the judge may know  to what person they shall write for the trial of it and it appear in our book  that our law take upon it the conusance of the competency of a ecclesiastical  judge which see e and the judge of the temporal court of the king have  determine that the pope be not a competent judge within this realm and it be  true the commonlaw do yield unto the law of the church the trial and  determination of the right of marriage but the trial of we possession of the  marriage retain to it self as if a infant marry within the age of consent and  afterward at full age of consent do disagree now the commonlaw shall determine  that the same be not any marriage so Leonard h the temporal court shall  adjudge upon marriage in fact and in possession but if the party will plead  that they be never accoupled in lawful matrimony writ shall go unto the bishop  to certify the same and in trespass de woman lead away cum good man and in who  in vita c this issue not his wife be to be try by the temporal court of the  king for the right of the marriage be not in question but it be sufficient if  it be a marriage in fact and in possession see ass and see h the temporal  court shall determine of the marriage if void or voidable a deacon marry a  wife that marriage be not void so of a priest but if a man marry a nun the  marriage be void but in our case here be a sentence definitive in a cause of  divorce in which case it do not belong to we to examine the cause but be the  divorce right or wrong it shall stand c e bar nisi sit quoad thor so much well  causan chastity and see by Shelley h if they of the spiritual court give  judgement in any cause be it true or false until it be defeat or reverse it  shall bind all the world see e Fitzherbert consultation Corbets case h by  Oxenbridge e by chock and e he who plead a divorce ought to show before what  judge the divorce be have but that be not to examine the matter but to know to  what person the court shall write for the trial of it it be true that in case  of resignation and deprivation but in case of divorce the cause thereof ought  to be show for some divorce dissolve the marriage utter and do bastardize the  issue and disable the wife to be endow and some divorce do not dissolve it as  that which be but a thoro month h but general in spiritual judgement the cause  of they do not fall in judgement in any temporal court h a excommengement  plead without show of any cause and although in our case the cause of this  divorce be for frigidity lift jam causan tolere execution and now the party in  who such frigidity be assign be become whole as appear by his success in his  second marriage have now issue yet we ought not to regard that for then we  shall resort unto the cause of the divorce with which we be not to meddle  gawdy sergeant to the contrary and first be confess that the determination of  the right of marriage do belong unto the spiritual court but as unto the case  in question sure the divorce in causan frigiditatis it appear by ass by knivet  that the party may receive his Leonard er p nature in which case be may have  again his wife and there need not in such case a new marriage and because that  here it appear that bury have recover his nature forasmuch as be have now  issue by another wife the divorce be become of no force which see dyer  Elizabeth where the case now at the bar be in debate where a woman inheritrix  take a husband from who she be divorce causan frigiditatis the wife afterward  be marry to carry by who she have issue and give all her inheritance to her  say second husband and the first husband also take a wife of who he have issue  in that case the opinion of the doctor be that the first husband and his wife  shall be compel to cohabit together as man and wife because church deception  to be in priore judgment Anderson that which we have argue be very clear sure  that the ecclesiastical court have authority to determine the right of  marriage but the point of this case be if this judgement of divorce be give  for cause of frigidity which be adjudge to be perpetual and now by matter  subsequent it appear that the party be not cold but be have recover his nature  if the divorce shall be account Self facto void without other circumstance of  the spiritual law and although their sentence be definitive in term yet upon  this special matter ex post facto if the force thereof shall fail and I have  confer with many learned in the canon law which be of such opinion and of that  opinion be doctor Leonard dale and therefore it be convenient that your client  each of they do retain one who be learned in the say law who can inform we  what their law be and Rhodes justice agree in this case to what the Lord  Anderson say and put the case which be I d the king bench Elizabeth fox case  which be before vouch and it be adjourn and after at another day by the  appointment of the justice the case be argue in court by the civilian and  canonist goldingham on the part of the plaintiff and steward on the part of  the defendant and first it be say on the plaintiff part that by the sentence  all the matter transit in remember judge and therefore we shall not resort to  the matter censure the sentence be in its force and as to that it be answer by  steward that transit in remember judge but not in case of marriage and in the  like case where to turn periculum mind for in such case the sentence be  subject to the success as if after it appear church to be deception per  wandering although probabilem ut that to speak for then periculum mind to turn  for then they shall continue their adultery unless the sentence of the church  be annul goldingham it transit in remember judge non quoad earnestness do  quoad causan so that as long as the sentence be in force it be causan P  a yet  the cause be subject to the censure of the church steward in our case here all  our book be marriage sit no one goldingham the word be also in such reparabi  marriage in which it be imply that some solemnity of the holy church be  requisite in such reparation of marriage steward where a man be divorce causan  frigiditatis it be prohibit by such sentence that he shall not marry again and  if he do marry be be hold in our law perjure and a adulterer and to that  purpose he cite diverse authority of the canon law goldingham this sentence be  not proper a divorce for here be never proper a marriage as in case de  precontract divorce upon that can be say proper a divorce but a sentence of  the church upon the error of the party and be put many degree of imposition in  such case perpetuan frigiditas naturalism powerless to beget frigiditas ex do  evil I e quoad One aliquan mask and many other who to be able marriage sadden  to take apart shrinking and the sentence which in our law be contra law  ordinance as where there be not any citation declaration or that the sentence  be of another thing than that which be contain in the libel in such case the  sentence be utter void but sentence there give contra law birth be voidable  only see panormit brotherhood si information that this only is apparent  opinion separation to be unjust it pleases to call again non to stand before  quod non to be appellate opinion be remiss cum information constat de  injustitiam et in institution law can si man Macedonian type of hat  arctitudinem in woman per how non be handy ad to go together ex eastern  separator si mulier postea once invenierit who Chinese to unlock to be able ad  at first conjugium Of persons compelland are with corpus canon conjugium to  make firm duty send after to make firm duty non although man wife to send  different ways nec of or belonging to a wife a man to go apart nisi causan  fornication yes before to make firm impossibilitas duty to loosen vinculum  marriage and panorm brotherly near arctitudinem woman si that this only is  apparent quod praeter prophet wonder without danger substantial object Leonard  er p handy To give back non to be able seperentur marriage yet redintegrabi si  post that this only is apparent church to be deception per matronar look datum  to be to come to know quod never to be able be mater she ob causan separation  inter eos celebrate to be mulier man to take in hand who Chinese to take by  storm opinion separation per wandering although probabilem to get knowledge of  be lengthen cum to stand open ex post facto quod self cognoscibilis to be that  pron  interrog  semen commisce therefore inter self at first man marriage to  stand out quare inter she secundum spouse marriage non be c eosque to take  beforehand ab in turn seperari Vid secundum parten summae sylvestrianae si  church sit deception in hoc quod that in quo to be hindrance carnal things  copulan cum alian to achieve redintegrabi praeceden marriage Leonard dirime  secundum however much de opinion church fanctam et alibi si church see  deception invenierit ex hoc quod hindrance quod to fine continuous that this  only is apparent temperate redintegrabi at first marriage c and afterward the  case be adjourn afterward that be to say mich and Elizabeth the case be move  again and judgement be pray for the plaintiff and then the Lord Anderson ex  assent sharing command that judgement shall be enter for the plaintiff and  show unto the council of both party that about the certificate which the four  doctor have show unto we of their options upon the point we our self have  confer with the say doctor who have give we their answer that the say sentence  of divorce be yet in force not reverse be peremptory and not subject to the  success and although in the examination and deposition take in the  ecclesiastical court no matter appear upon which such peremptory divorce may  be grant yet it may be as we be inform by the say doctor that upon the  examination of physician and matron sufficient matter do appear to the say  ecclesiastical judge which for modesty sake ought not to be enter of record  and that appear within the sentence I condition sermon cum wife Median which  speech not enter of record causan how above may be the cause that induce the  ecclesiastical judge to give sentence for the divorce notwithstanding that the  matter within the record be too general to prove physical scientist  frigiditatem to beget but rather crime and afterward judgement be give for the  plaintiff and so the sentence be bind by the divorce as long as the sentence  do continue in force see this case in coke part where upon a writ of error  bring Elizabeth the judgement be affirm   Len Len trin Elizabeth in the common  plead