A Source Book for Ancient Church History - Mirrors

430 A Source Book for Ancient Church History[392]If a woman leave her husband by a repudiation made by herand prove no cause for her divorcing him, the gifts which shereceived as bride shall be taken away and she shall likewise bedeprived of her dowry, and be subjected to the punishment ofdeportation; and to her we deny not only the right of marriagewith another man, but also the right of post-liminium. 145 But ifthe woman opposed to the marriage prove faults of morals andvices, though of no great gravity, let her lose her dowry and payback to her husband her marriage gift, and let her never joinherself in marriage with another; that she may not stain her widowhoodwith the impudence of unchastity we give the repudiatedhusband the right of bringing an accusation by law. Hereafter ifshe who abandons her husband prove grave causes and a guiltinvolving great crimes, let her obtain a control of her dowry andmarriage gifts, and five years after the day of repudiation sheshall receive the right of remarrying; for it would then appear thatshe had acted rather out of detestation of her husband than fromdesire after another. Likewise, if the husband bring a divorceand charge grave crimes against the woman, let him bring actionagainst the accused under the laws and let him both have thedowry (sentence having been obtained) and let him receive hisgifts to her and let the free choice of marrying another be grantedhim immediately. But if it is an offence of manners and not ofa criminal nature, let him receive the donations, relinquish thedowry, and marry after two years. But if he merely wishes todissolve the marriage by dissent, and she who is put away ischarged with no fault or sin, let the man lose the donation and thedowry, and in perpetual celibacy let him bear as a penalty for hiswrongful divorce the pain of solitude; to the woman, however,is conceded after a year the right to remarry. Regarding theretention of the dowry on account of the children we commandthat the directions of the old law shall be observed.145 I.e., of returning to her former home and condition.