[Footnote 153: So in India: POLLOCK AND MAITLAND, _op. cit._, II, 391 n. 2: citing Maine's speech on the "Remarriage of Native Converts," in _Memoir and Speeches and Minutes_ (London, 1892), 130. _Cf._ especially ESMEIN, _op. cit._, II, 268 ff., who discusses some of the "curious problems" growing out of this rule.] By the second exception the church found herself entangled in the subtle theory accepted after Peter Lombard that a contract _de praesenti_ constitutes a valid marriage whether followed by actual wedded life or not.[154] The mature doctrine of the canon law, which is still obeyed by the Roman church, permits the unconsummate marriage _de praesenti_ to be dissolved through papal dispensation or _ipso facto_ by taking holy orders.[155] Here in effect the older theory of Gratian, that only the consummate marriage is a real marriage, is adopted for a practical end, although it is absolutely irreconcilable with the still accepted orthodox theory of Lombard, whose enforcement in the ecclesiastical courts has been the cause of so much evil in western Christendom.[156] [Footnote 154: For the evils arising in clandestine marriage _de praesenti_, the complexity of the law of forbidden degrees, and the conflicting jurisdiction of the temporal and spiritual courts, see chap. viii above.] [Footnote 155: FREISEN, _op. cit._, 826 ff., 212 ff., shows that the _dispensatio summi pontificis a matrimonio rato nondum consummato_ originated with the reforms of Alexander III.; and argues rightly that these two kinds of dissolution--dispensation and orders--are in harmony with the rule of indissolubility according to the doctrine of Gratian, but not according to the existing theory. Thus, of the old eight causes which were sufficient of themselves to dissolve _matrimonium initiatum_--identical with the later _sponsalia de praesenti_--holy orders alone remains; the papal dispensation has taken the place of the other seven: _ibid._, 827, 829; _cf._ on these exceptions SCHEURL, _Das gem. deut. Eherecht_, 278-86.] [Footnote 156: See chaps. vii and viii, above.]