A Vinculo Matrimonii

A vinculo matrimonii. (From the bond of wedlock). It was a total divorce obtained from the Ecclesiastical Court on some canonical impediment existing before marriage and not arising afterwards, for the marriage was declared void, as having been absolutely unlawful ab initio, and the parties were therefore separated pro salute animarum (for the safety of their souls), the issue (if any) were illegitimate, and the parties could contract another marriage. This maxim directs the construction to be put upon Acts of Parliament, against the express letter of which the Courts will not sanction any interpretation, for the meaning of the Legislature cannot be so well explained as by its own direct words, since index animi sermo (language conveys the intention of the mind), and maledicta expositio qu' corrumpit textum (an exposition which corrupts the text is bad). [4 Rep. 35; Sussex Peerage Case, (1844) 11 Cl & F 143.]

This maxim directs the construction to be put upon Acts of Parliament, against the express letter of which the Courts will not sanction any interpretation, for the meaning of the Legislature cannot be so well explained as by its own direct words, since index animi sermo (language conveys the intention of the mind), and maledicta expositio qu' corrumpit textum (an exposition which corrupts the text is bad). [4 Rep. 35; Sussex Peerage Case, (1844) 11 Cl & F 143.]

Though this divorce could not have been obtained from the Ecclesiastical Court where the marriage was not void ab initio, yet it was frequently granted before the establishment of the 'Divorce Court' in 1857, on the ground of adultery, by private Act of Parliament. See ADULTERY: DIVORCE.