Even if Justice Daniel were correct that in England, cases involving marriage, divorce, and alimony belonged exclusively to the
ecclesiastical courts, (207) the early American colonies did not have
ecclesiastical courts, so the ordinary colonial law and equity courts absorbed that jurisdiction.
Both civil courts and
ecclesiastical courts sanctioned "separation from bed and board," that is a legal separation, but civil courts had no authority to terminate a marriage, and
ecclesiastical courts refused to do so (Blackstone 428); therefore, separated spouses remained legally wed, and neither man nor wife could remarry.
Marriage customs in late medieval and early modern Italy have attracted increasing scholarly interest in the last ten years with the work of Joanne Ferraro on marital conflicts in Venice, Giovanni Romeo on efforts to end concubinage in Naples, and a series of collections edited by Silvana Seidel Menchi and Diego Quaglioni on matrimony viewed through the lens of the
ecclesiastical courts.
The state courts of Florida are not
ecclesiastical courts, and the entanglement of religious doctrine in a criminal trial is the kind of breach of church-state separation that not only prejudices the defendant but also injures the interests of the diverse religious communities that thrive in our society in part by virtue of their independence from the operations of the state.
Indeed, as Gerber is not considering marriage as a sacrament but as a civil union under state-based laws, he has little to say about the
ecclesiastical courts, which gives the work a one-sided slant.
The status of such an administrative cleric, whose life and livelihood depended on patronage and was spent largely in service in lay or
ecclesiastical courts that increasingly needed masters of the written word, was as yet incompletely and unsatisfactorily defined in comparison with those of monk, bishop, or canon regular.
It will not intervene in cases awaiting decisions from civil or
ecclesiastical courts," the notice said.
The exceptions are those who defy church policy and force the issue into
ecclesiastical courts.
uk/probate "Wills which were proved in the Welsh
ecclesiastical courts before the introduction of Civil Probate on 11 January, 1858 have long been deposited at the National Library of Wales.
Archbishop Peers also notes a rise in "litigiousness," or bishops being summoned in both secular and
ecclesiastical courts for various matters, the extent of which was "unknown in previous generations.
Brundage is primarily interested in the period 1150-1250, when the practice of canon law in the
ecclesiastical courts became a full fledged profession.
Paul's) by tracing the connections between music and drama in the City, and concludes with information on documents of control issued by the diocese of London and evidenced by the
ecclesiastical courts.
