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It was the Council of Trent, in the sixteenth century, which made ecclesiastical rites essential to binding marriage; but even then fifty-six prelates voted against that decision. Esmein, op. cit., vol. i, p. 91.
E.D. Cope, "The Marriage Problem," Open Court, Nov., 1888. See ante, p. 395. Wächter, Eheschiedungen, pp. 95 et seq.; Esmein, Marriage en Droit Canonique, vol. i, p. 6; Howard, History of Matrimonial Institutions, vol. ii, p. 15. In 497, therefore, Anastasius decreed divorce by mutual consent.
Howard, op. cit., vol. i, pp. 293 et seq.; Esmein, op. cit., vol. i, pp. 25 et seq.; Smith and Cheetham, Dictionary of Christian Antiquities art. "Contract of Marriage." Any later changes in Catholic Canon law have merely been in the direction of making matrimony still narrower and still more remote from the practice of the world. E.S.P. Haynes, Our Divorce Law, p. 3.
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