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A History of Matrimonial Institutions, Vol. 2 of 3

Note 74 — Chapter XI · HISTORY OF SEPARATION AND DIVORCE UNDER ENGLISH AND ECCLESIASTICAL LAW

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L. 34, § 1, Dig., XLVIII, 5, ad. leg. Jul.: L. 101, Dig. dev. sign. "It may need to be said that only a crime to which a married woman was a party could be called adulterium. The Romans held that the jus tori pertained to the husband. He could not commit this crime against his wife."—Woolsey, op. cit., 90, note. Cf. Freisen, Geschichte des can. Eherechts, 617.

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