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Roman and Byzantine law during the sixth century.
 J. Wickham Legg, _Ecclesiological Essays_, p. 189. It may be added
that the idea of the subordination of the wife to the husband appeared in
the Christian Church at a somewhat early period, and no doubt
independently of Germanic influences; St. Augustine said (Sermo XXXVII,
cap. vi) that a good _materfamilias_ must not be ashamed to call herself
her husband's servant (_ancilla_).
 See, e.g., L. Gautier, _La Chevalerie_, Ch. IX.
 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. By a papal decree of 1907, civil marriages and
marriages in non-Catholic places of worship are declared to be not only
sinful and unlawful (which they were before), but actually null and void.
 E.S.P. Haynes, _Our Divorce Law_, p. 3.
 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.
 It is sometimes said that the Catholic Church is able to diminish
the evils of its doctrine of the indissolubility of marriage by the number
of impediments to marriage it admits, thus affording free scope for
dispensations from marriage. This scarcely seems to be the case. Dr. P.J.
Hayes, who speaks with authority as Chancellor of the Catholic Archdiocese
of New York, states ("Impediments to Marriage in the Catholic Church,"
_North American Review_, May, 1905) that even in so modern and so mixed a
community as this there are few applications for dispensations on account
of impediments; there are 15,000 Catholic marriages per annum in New York
City, but scarcely five per annum are questioned as to validity, and these
chiefly on the ground of bigamy.
 The Canonists, say Pollock and Maitland (loc. cit.), "made a
capricious mess of the marriage law." "Seldom," says Howard (_op. cit._,
vol i, p. 340), "have mere theory and subtle quibbling had more disastrous
consequences in practical life than in the case of the distinction between
_sponsalia de praesenti_ and _de futuro_."
 Howard, op. cit., vol. i, pp. 386 et seq. On the whole, however,
Luther's opinion was that marriage, though a sacred and mysterious thing,
is not a sacrament; his various statements on the matter are brought
together by Strampff, _Luther ueber die Ehe_, pp. 204-214.
 Howard, op. cit., vol. ii, pp. 61 et seq.
 Probably as a result of the somewhat confused and incoherent
attitude of the Reformers, the Canon law of marriage, in a modified form,
really persisted in Protestant countries to a greater extent than in
Catholic countries; in France, especially, it has been much more
profoundly modified (Esmein, op. cit., vol. i, p. 33).
 The Quaker conception of marriage is still vitally influential.
"Why," says Mrs. Besant (_Marriage_, p. 19), "should not we take a leaf
out of the Quaker's book, and substitute for the present legal forms of
marriage a simple declaration publicly made?"
 Howard, op. cit., vol. ii, p. 456. The actual practice in
Pennsylvania appears, however, to differ little from that usual in the
 Howard, op. cit., vol. ii, p. 109. "It is, indeed, wonderful,"
Howard remarks, "that a great nation, priding herself on a love of equity
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