Note 85 — Chapter XI · HISTORY OF SEPARATION AND DIVORCE UNDER ENGLISH AND ECCLESIASTICAL LAW

Geffcken, op. cit., 33. The following provision of the old English law illustrates this principle in all its harsh reality: "If a freeman lie with a freeman's wife, let him pay for it with his wer-geld, and provide another wife with his own money, and bring her to the other." Here doubtless the guilty woman had been slain: Laws of Æthelberht, 31: Haddan and Stubbs, Councils, III, 45. For the same offense with an "esne's" wife, sec. 85 of the same laws requires a man to "make two-fold bot": ibid., III, 50. Cf. also secs. 10, 11: ibid., III, 43; Cleveland, Woman under the English Law, 9, 51 ff. (adultery and divorce).