A History of Matrimonial Institutions, Vol. 2 of 3Howard, George Elliott
History
A History of Matrimonial Institutions, Vol. 2 of 3
Howard, George Elliott
Families; Marriage -- History
[Footnote 99: 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.]
[Footnote 100: HADDAN AND STUBBS, _op. cit._, III, 118. ESMEIN,
_op. cit._, II, 57, regards the last clause as merely advising
the man not to marry again; and FREISEN, _op. cit._, 782, thinks
it not quite certain that it applies to the case of separation
for adultery. _Cf._ also LUCKOCK, _Hist. of Marriage_, 167-69;
and CIGOI, _Unauflös. der ch. Ehe_, 79.]
[Footnote 101: _Law of Northumbrian Priests_, secs. 35, 64, 65:
THORPE, _Anc. Laws_, II, 296, 300. _Cf._ LUCKOCK, _op. cit._,
170, 171; JOHNSON, _Canons_, I, 950, 35, 54.]
[Footnote 102: JOHNSON, _op. cit._, I, 963, 27.]
[Footnote 103: _Ibid._, 1009, 8.]
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