Note 144 — Chapter XI · HISTORY OF SEPARATION AND DIVORCE UNDER ENGLISH AND ECCLESIASTICAL LAW

Esmein, op. cit., II, 73, 85-89, who gives a brief account of the evolution of the uses of the term divortium. Originally, among the canonists, there was but one kind of divorce, i. e., any judicial separation between man and wife, whether or not with the right to remarry. This led to confusion; and so the distinction between divorce a vinculo or quoad vinculum and a mensa et toro or quoad mensam et torum was differentiated. Beginning with Bernard of Pavia, the first compiler of the Decretals, the term divortium appears regularly as a rubric in the later collections of the canon law.