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19 May 1808
I. Reasons
Ch.V. Advantages
§.│ │ Jury trial extended
Questions about the domestic state and condition of the party - married or single - and if married to whom married - another question which under the guidance of chance, presents itself for decision, to either or both of two out of those three Courts - not to say to either or all of all three judicatories.
So in the case of adultery. In a Spiritual Court the breach of contract thus denominated is a sin, and proved without a Jury, and requires neither the mode of collecting evidence to prove it, nor the admission of unlearned Judges into the judicatory, to pronounce it proved. In a Common Law Court 'it' is a sort of a tort: and now nothing can serve for the proof of it but vivâ voce examination in public with cross-examination, nor for pronouncing whether the proof be sufficient or no, but the lips of one of these unlearned Judges.
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