Matrimony - Law Dictionary Search Results

Sacrament. In the Church of England there are two sacraments only--Baptism and the Supper of the Lord; Confirmation, Penance, Orders, Matrimony, and Extreme Unction are not recognized as sacraments (Art. XXV.). the term 'Sacrament' is commonly used to mean the Holy Communion. Reviling the Sacrament is punishable by fine and imprisonment (1 Edw. 6, c. 1), and administration of the Sacrament in both kinds is enjoined by s. 7 of the same Act, 'excepte necessitie otherwise re-quire,' and the same s. enacts that 'the minister shall not without lawful cause deny the same.' In the Roman Catholic Church the cup is not administered to the laity.For a clergyman to refuse without lawful cause to administer the sacrament to a parishioner is an offence against the laws ecclesiastical, for which he may be proceeded against under the Church Discipline Act [Jenkins v. Cook, (1876) 1 PD 80]. The Holy Communion cannot be refused to a person because he has married his deceased wife's sister, Thompson v. ...

Matrimony

The union of man and woman as husband and wife the nuptial state marriage wedlock...

Marriage

Marriage. Marriage as understood in Christendom is the voluntary union for life of one man and one woman, to the exclusion of all others, Hyde v. Hyde, 1866 LR 1 P&D 130. Where a marriage in a foreign country complies with these requirements it is immaterial that under the local law dissolution can be obtained by mutual consent or at the will of either party with merely formal conditions of official registration, and it constitutes a valid marriage according to English law, Nachimson v. Nachimson, 1930, P. 217. Previous to 1753 the validity of marriage was regulated by ecclesiastical law, not touched by any statutory nullity but modified by the Common law Courts, which sometimes interfered with the Ecclesiastical Courts, by prohibition, sometimes themselves decide on the validity of a marriage, presuming a marriage in fact as opposed to lawful marriage. A religious ceremony by an ordained clergyman was essential to a lawful marriage, at all events for dower and heirship; but if in an i...

Maritagium

Maritagium, 1. A lord's right to arrange a married for his infant ward 2. Dower 3. Dowry; a marriage gift, Black's Law Dictionary, 7th Edn., p. 980.Maritagium, the portion which is given with a daughter in marriage. Also, the power which the lord or guardian in chivalry had of disposing of his infant ward in matrimony, Spelm. See 1 Reeves (Finlason's Edition), 171....

Banns of marriage

Banns of marriage. 'Banns' is the plural of 'Bann' or 'Ban,' an edict or prohibition. The Prayer Book of 1662 directed banns of marriage to be published in church 'three several Sundays or Holy Days immediately before the sentences for the offertory' (this was in the Rubric prefixed to the Form of Solemnisation), but also after the Nicene Creed, together with many other notices separated from those sentences by the sermon (this direction was in the Rubric following the Nicene Creed, and the two directions do not seem quite consistent). In 1753 (English) Lord Hardwicke's Act (26 Geo. 2, c. 33), directed publication during morning service, or evening service if there be no morning service, immediately after the Second Lesson; and about 1809 the Rubrics were altered by the king's printers of their own motion to bring them into agreement with Lord Hardwicke's Act, which, however, may possibly have referred in its alteration to the evening service only. The (English) Marriage Act, 1823 (4 G...

Avail of marriage

Avail of marriage [fr. valor maritagii, Lat.], the right of marriage, which the lord or guardian in chivalry had of disposing of his infant ward in matrimony. A guardian in socage had also the same right, but not attended with the same advantage, 2 Bl. Com. 70 and 89....

Solemnizate

To solemnize as to solemnizate matrimony...

Judgment

Judgment [fr. judgment, Fr.], judicial determination; decision of a Court.Under the former practice of the superior Courts, this term was usually applied only to the Common Law Courts, the term 'decree' being in general use in the Court of Chancery. The expression 'Judg-ment,' however, is now used generally except in matrimonial causes, the term 'judgment' including 'decree' [(English) Jud. Act, 1925, s. 225, replacing Jud. Act,1873, s. 100].The several species of judgments are either:-(a) Interlocutory, given in the course of a cause, upon some plea, proceeding, or default, which is only intermediate, and does not finally determine or complete the action. See INQUIRY; SUMMONSES; and ORDERS; and the various titles of the subjects of such judgments as MANDAMUS; INJUNC-TION, etc.(b) Final, putting an end to the action by an award of redress to one party, or discharge of the other, as the case may be.By the (English) C.L.P. Act,1852, s. 120, a plaintiff or defendant having obtained a verd...

Maintenance

Maintenance, an officious intermeddling in a suit which in no wise concerns one, by assisting either party with money or otherwise to prosecute or defend it; both actionable and indictable [see Bradlaugh v. Newdegate, (1883) 11 QBD 1], and invalidates contracts involving it. By the Roman Law it was a species of crimen falsi to enterin to any confederacy, or do any act to support another's law-suits, by money, witnesses, or patronage, 4 Bl. Com. 134.It is either ruralis, in the country as where one assists another in his pretensions to lands, by taking or holding the possession of them for him; or where one stirs up quarrels or suits in the country; or it is curialis, in a Court of justice, where one officiously intermeddles in a suit depending in any court, which does not belong to him, and with which he has nothing to do, 2 Rol. Abr. 115. Maintaining suits in the spiritual courts is not within the statutes relating to maintenance, Cro. Eliz. 549. A man may, however, maintain a suit in...

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