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Broken LivesSeparation and Divorce in England, 1660-1857$
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Lawrence Stone

Print publication date: 1993

Print ISBN-13: 9780198202547

Published to Oxford Scholarship Online: October 2011

DOI: 10.1093/acprof:oso/9780198202547.001.0001

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Cadogan v. Cadogan The lady and the parson, 1777–1794

Cadogan v. Cadogan The lady and the parson, 1777–1794

(p.270) 10 Cadogan v. Cadogan The lady and the parson, 1777–1794
Broken Lives

Lawrence Stone

Oxford University Press

In this case, a lawsuit in the ecclesiastical courts during the period 1795–6 was bitterly fought, but the outcome was inevitable. Lord Cadogan won his case, thus gaining three victories: the first in the Court of King's Bench against Cooper; the next against his wife in the London Consistory Court, where Sir William Scott delivered a ‘long and elaborate judgment’; and the third in the Court of Arches, to which Mary, his wife, vainly appealed the verdict. He then used these three sentences to support a successful private bill in the House of Lords for full divorce from Mary, with freedom to remarry. As a result of the Act of Divorce, Mary lost her husband, any right of access to her children, and any claim to dower or jointure after Lord Cadogan's death, which occurred in 1807, for, since the marriage was annulled, so was any settlement for her widowhood that went with it.

Keywords:   ecclesiastical courts, private bill, House of Lords, divorce, remarriage, right of acess

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