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A History of Matrimonial Institutions, Vol. 2 of 3

Note 250 — Chapter XI · HISTORY OF SEPARATION AND DIVORCE UNDER ENGLISH AND ECCLESIASTICAL LAW (continued 2)

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Law Review (Eng.), I, 362. One of these canons "provided that no persons separated a toro et mensa should, during their joint lives, contract matrimony with other persons, and that the parties requiring the sentence of divorce should give sufficient caution and security into the court that they would not transgress this restraint. Another canon required the judge who should grant divorce, without observing these rules, to be suspended for one year by the archbishop or bishop, and declared his sentence utterly void."—Woolsey, Divorce, 171, 172. Cf. Luckock, Hist. of Marriage, 177 n. 2; Morgan, Marriage, Adultery, and Divorce, II, 233 ff.

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