condonation
n . 宽恕;赎罪
宽恕;赎罪
condonation n 1 :
a pardon by treating the offender as if the offense had not occurred Condonation \
Con `
do *
na "
tion \,
n . [
L .
condonatio a giving away .]
1 .
The act of condoning or pardoning .
[
1913 Webster ]
2 . (
Law )
Forgiveness ,
either express or implied ,
by a husband of his wife or by a wife of her husband ,
for a breach of marital duty ,
as adultery ,
with an implied condition that the offense shall not be repeated . --
Bouvier .
Wharton .
[
1913 Webster ]
CONDONATION .
A term used in the canon law .
It is a forgiveness by the husband of his wife ,
or by a wife of her husband ,
of adultery committed ,
with an implied condition that the injury shall not be repeated ,
and that the other party shall be treated with conjugal kindness .
1 Hagg .
R .
773 ;
3 Eccl .
Rep .
310 .
See 5 Mass .
320 5 Mass .
69 ;
1 Johns .
Ch .
R .
488 .
2 .
It may be express or implied ,
as ,
if a husband ,
knowing of his wife '
s infidelity ,
cohabit with her .
1 Hagg .
Rep .
789 ;
3 Eccl .
R .
338 .
3 .
Condonation is not ,
for many rea sons ,
held so strictly against a wife as against a husband .
3 Eccl .
R .
830 Id .
341 ,
n .;
2 Edw .
R .
207 .
As all condonations ,
by operation of law ,
are expressly or impliedly conditional ,
it follows that the effect is taken off by the repetition of misconduct ;
3 Eccl .
R .
329 3 Phillim .
Rep .
6 ;
1 Eccl .
R .
35 ;
and cruelty revives condoned adultery .
Worsley v .
Worsley ,
cited in Durant v .
Durant ,
1 Hagg .
Rep .
733 ;
3 Eccl .
Rep .
311 .
4 .
In New York ,
an act of cruelty alone ,
on the part of the husband ,
does not revive condoned adultery ,
to entitle the wife to a divorce .
4 Paige '
s R .
460 .
See 3 Edw .
R .
207 .
5 .
Where the parties have separate beds ,
there must ,
in order to found condonation ,
be something of matrimonial intercourse presumed ;
it does not rest merely on the wife '
s not .
withdrawing herself .
3 Eccl .
R .
341 ,
n .;
2 Paige ,
R .
108 .
6 .
Condonation is a bar to a sentence of divorce .
1 Eccl .
Rep .
284 ;
2 Paige ,
R .
108 .
In Pennsylvania ,
by the Act of the 13th of March ,
1815 ,
Sec .
7 ,
6 Reed '
s Laws of Penna .
288 ,
it is enacted that "
in any suit or action for divorce for cause of adultery ,
if the defendant shall allege and prove that the plaintiff has admitted the defendant into conjugal society or embraces ,
after he or she knew of the criminal fact ,
or that the plaintiff (
if the husband )
allowed of his wife '
s prostitutions ,
or received hire ,
for them ,
or exposed his wife to lewd company ,
whereby she became ensnared to the crime aforesaid ,
it shall be a good defence ,
and perpetual bar against the same ."
The same rule may be found ,
perhaps ,
in the codes of most civilized countries .
Villanova Y Manes ,
Materia Criminal Forense ,
Obs .
11 ,
c .
20 ,
n .
4 .
Vide ,
generally ,
2 Edw .
207 ;
Dev .
Eq .
R .
352 4 Paige ,
432 ;
1 Edw .
R .
14 ;
Shelf .
on M . &
D .
445 ;
1 John .
Ch .
R .
488 4 N .
Hamp .
R .
462 ;
5 Mass .
320 .
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