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A History of Matrimonial Institutions, Vol. 2 of 3

Note 245 — Chapter XI · HISTORY OF SEPARATION AND DIVORCE UNDER ENGLISH AND ECCLESIASTICAL LAW (continued 2)

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See, however, Woolsey, Divorce, 170, 171, 313, who, insisting that the ancient canon law was unchanged, remarks that "for a number of years, although remarriage after divorce was null and void, so that the issue would not be legitimate, no civil penalties were attached to it, and it was punishable only by ecclesiastical censures." Hence many married "without scruple." Cf. Craik, Romance of the Peerage, I, Appendix, upon whom Woolsey relies; and Jeaffreson, Brides and Bridals, II, 323, 324, who holds that the decision of the delegates in the Northampton case was "good law" until 1602.

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