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 deal in any way with the validity of the marriage itself is shown, by their leaving the Ecclesiastical Courts at liberty to proceed to punish the surviving party for incest: a power which, according to the opinion of Sir H. Jenner Fust, continues even as to marriages protected by the Act of 1835. The respondent's condition therefore in England was this,—he was the offspring of a marriage which was incestuous and void, but of a marriage which by the course of events had become irrevocable."