The question of English divorce : an essay.

Date:
1903
Catalogue details

Licence: In copyright

Credit: The question of English divorce : an essay. Source: Wellcome Collection.

    38/192 (page 26)
    of these causes, of course, were practically equivalent to the more modern conception of desertion, in that they were emphatic- ally a breach of matrimonial obligations. Later on in his reign Justinian fell more under the ever-growing influence of the Church ; and, cancelling his previous divorce laws by a fresh decree, he ordained that all persons who dissolved their mar- riage by mutual consent should forthwith retire into monasteries, and should forfeit the whole of their estates. Of this for- feiture one-third was to pass to the monas- teries, or, in other words, to the Church, and the other two-thirds only became the inheritance of the heirs. It is, however, of interest to note that Justinian’s prohibition of divorce by mutual consent was repealed by his suc- cessor, Justin ; the hundred and fortieth Novel that contained the decree stating that “it was difficult to reconcile those who once came to hate each other, and who, if compelled to live together, fre- quently attempted each other’s lives.”