' SEPARATION A MENSA ET THORO: A partial. dissolution of the mar riage relation.
By the ecclesiastical or canon law of England, which bad exclusive jurisdiction.over marriage and divorce marriage was regarded as a sacrament and indiSsoluble. This doctrine originated with the church of Rome, and.became established in Eng land While 'that conntry wail Catholic; and though after the reformation it °eased to be the dootrine of OM church of England, yet the law remained unchanged until the•recont statute of 20 it 21 Viet. (3.8.57). o. 85. Bishop,,Marr. & D. 00 274, 278. Hence) Fte has been seen iq the article on Divorce, a valid marriage could riot be dissolved. in England ex., ccpt by what has been, termed the omnipotent power of parliament.
This gave rise, in the ecclesiastical courts, to the practice of granting diVorces from bed and board; as they used to he Called, or judicial eeparation as they arc called in the.recent statute 20 & 21 Viet. c. 85, 0 7. Bishop, 1Vlarr. 277, 278. From England this practice was introduced into this country; and though in sonze of the states it has entirely given way to the divorce a vinculo nattri, nionii, in °there it is still in use, being generally iranted for causes which are not sufficient to au thorize the latter.
2: The only 'causes for which such a di. vorce' is granted in England are adultery and cruelty. In this country it is generally granted also for wilful desertion, and iu some states for other causes.
The legal consequences of a separation from bed and board are much less extensive than those of a divorce a vinev,lo matrimonit or a sentence of nullity. Such a separation works no change in the relation of the parties either to each other or to third persons, ex cept in authorizing them to live apart until they mutually come together. • In coming to
sether, 'no new Marriage is required, neither, it seems, under the general law, are any new proceedings in court necessary ; but the re conciliation, of its own force, annuls the sen tence of "separation: Bishop, Marr. & D. 679 ; 5 Pick. Masa. 461, 468 ; 4 Johns. Ch. N. Y. 187; 2 Dall. Penn. 128 ; 3 Yeates, Penn. 56; Croke Eliz., 908.
3. Nor doe's such a separation, at common law and without statutory aid, change the relation of the parties as to property. Thus, it neither takes away the right of the wife to dower, nor the right of the husband to the wife's real estate, either during her life or after her death, as tenant by the curtesy; neither does it affect the husband's right in a court of law to reduce into possession the choses in action of the wife ; though in equity it may be otherwise. Bishop, Marr. & D. 680-685; 2 Pick. MEWS. 316; 5 id. 61; 6 Watts & S. Penn. 85 ;' Croke Eliz. 908; 4 Barb. N. Y. 295.
4. It should be observed, however, that in 'this country the consequences of a ju dicial separation are frequently' modified by statute. See Bishop, 1VIarr. & D. 4.1 676-691.
Of those consequences which depend upon the order and decree of the court, the most important is that of alimony. SeeAmmorrr. In respect to , the custody of 'Children, the rules ars the same as in case of divorces a vineulo matrimenii. Bishop, Marr. & D. 3 29.