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A History of Matrimonial Institutions, Vol. 2 of 3

Note 99 — Chapter XI · HISTORY OF SEPARATION AND DIVORCE UNDER ENGLISH AND ECCLESIASTICAL LAW

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The statements of the text are probably sustained by Æthelberht, 31, 77-83: in Haddan and Stubbs, Councils, III, 45, 49; Thorpe, Anc. Laws, I, 11, 33, taking into account the usual effects of wife-purchase. Cf. however, Jeaffreson, Brides and Bridals, II, 294-98, who holds that among the pagan Britons and Anglo-Saxons divorce may be described as "simple repudiation of wives at the will of their masters." In the tenth century, he adds, Howell Dha, sovereign of Wales, "decreed that a husband might righteously eject from his home the wife who had given a single kiss to any man but himself." See also Glasson, Le mariage et le divorce, 195, whose references to the laws of Æthelberht do not seem to warrant all his conclusions; also his Histoire du droit, I, 120; and Pollock and Maitland, Hist. of Eng. Law, II, 390. In general see Rosenthal, Rechtsfolgen des Ehebruchs, 55 ff.

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