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The great antiquity of this custom is proved by the 17th Art. of the Capitulars of Pepin, in the year 752, which bears a direct allusion to it: inasmuch as that article established as a principle that the impotency of a husband should be considered as a lawful cause for divorce, and that the proof of such impotency should be given, and the fact verified at the foot of the Cross exeant ad crucem, et si verum fuerit, separantur.
He handled a ferule while the Miserere lasted, although he did not, on account of the entreaties of those who were present, strike the capitulars with it.
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