A benefice is avoided or vacated - (1) by death; (2) by resignation, if the bishop is willing to accept the resignation: by the In cumbents' Resignation Act 1871, Amendment Act 188 7, any clergyman who has been an incumbent of one benefice continuously for seven years, and is incapacitated by permanent mental or bodily infirmities from fulfilling his duties, may, if the bishop thinks fit, have a commission appointed to consider the fitness of his resigning; and if the commission report in favour of his resigning, he may, with the consent of the patron (or, if that is refused, with the consent of the archbishop) resign the cure of souls into the bishop's hands, and have assigned to him, out of the benefice, a retiring-pension not exceeding one-third of its annual value, which is recoverable as a debt from his successor; (3) by cession, upon the clerk being instituted to another benefice or some other preferment incompatible with it; (4) by deprivation and sentence of an ecclesiastical court; under the Clergy Discipline Act 1892, an incumbent who has been convicted of offences against the law of bastardy, or against whom judgment has been given in a divorce or matrimonial cause, is deprived, and on being found guilty in the consistory court of immorality or ecclesiastical offences (not in respect of doctrine or ritual), he may be deprived or suspended or declared incapable of preferment; (5) by act of law in consequence of simony; (6) by default of the clerk in neglecting to read publicly in the church the Book of Common Prayer, and to declare his assent thereto within two months after his induction, pursuant to an act of 1662.
An affecting scene took place between them on the 30th of November 1809; but Napoleon, though moved by her distress, remained firm; and though the clerics made a difficulty about dissolving the religious marriage of the 1st of December 1804, the formalities of which were complete save that the parish priest was absent, yet the emperor instituted a chancery for the archbishop of Paris, with the result that that body pronounced the divorce (January 1810).
But if a person charged with bigamy in England can prove that he has been legally divorced by the law of the country where the divorced parties were domiciled at the time (even though the ground on which the divorce was granted was not one that would justify a divorce in England) it will be good defence to the charge.
Io), not merely as a ground of separation from the heathen, but as inconsistent with the selfish and cruel freedom of divorce current in his time.
On the 3rd of May Bothwell's divorce from his wife was decreed by the civil court, on the ground of his adultery with a maidservant, and on the 7th by the Roman Catholic court on the ground of consanguinity.
All petitions for divorce must be approved by two successive juries, and a woman holds in her own name all property acquired before and after marriage.
With the hope of obtaining a divorce from Catherine, the reluctance of the pope to impeach the dispensation of his predecessor Julius II., and at the same time to alienate the English queen's nephew Charles V., the futile policy of Wolsey and his final ruin in 1529 are described elsewhere (see English History; HENRY VIII.; Catherine Of Aragon).
A petition for a divorce may be presented after a residence within the state of one year immediately preceding, and a decree may be granted against the defendant if judged guilty of adultery, desertion for two years without reasonable cause, habitual drunkenness, such inhuman treatment as to endanger the life of the plaintiff, or if convicted of felony after marriage.
The assumption explicitly made by General Walker that among the immigrants no influence was yet excited in restriction of population, is also not only gratuitous, but inherently weak; the European peasant who landed (where the great majority have stayed) in the eastern industrial states was thrown suddenly under the influence of the forces just referred to; forces possibly of stronger influence upon him than upon native classes, which are in general economically and socially more stable, On the whole, the better opinion is probably that of a later authority on the vital statistics of the country, Dr John Shaw Billings,i that though the characteristics of modern life doubtless influence the birth-rate somewhat, by raising the average age of marriage, lessening unions, and increasing divorce and prostitution, their great influence is through the transmutation into necessities of the luxuries of simpler times; not automatically, but in the direction of an increased resort to means for the prevention of child-bearing.
The business of the divorce - or rather, of the legitimation of Anne Boleyn's expected issue - had now become very urgent, and in the new archbishop he had an agent who might be expected to forward it with the needful haste.