TITLE VI.—CONCERNING DIVORCE, AND THE SEPARATION OF PERSONS WHO HAVE BEEN BETROTHED.
| I. | Where a Woman, justly or unjustly, is Separated from her Husband. |
| II. | There shall be No Divorce between Married Persons. |
| III. | There shall be No Separation between Persons who are Betrothed. |
I. Where a Woman, justly or unjustly, is Separated from her Husband.
No one can legally marry a freewoman who has been repudiated by her husband, unless he knows that they have been divorced, either by written evidence, or in the presence of witnesses. And if any one should act otherwise, as soon as the governor of the city, or his deputy, or the judge of the district, shall become aware of the fact, where the parties are noble, and the judge is unable to imprison or separate them; he must straightway bring the affair to our attention, that they may receive the punishment which they deserve. But if they are persons of inferior rank, the judge shall immediately cause them to be separated. And the woman who, without the consent of her former husband, has married again, as well as the man who ventured to take her as a wife, shall be delivered up absolutely to her former husband, to be dealt with according to his pleasure. If, however, the case between the former husband and his wife has not yet been decided; or if her former husband has married another woman; or, indeed, if he has left his wife unjustly; he shall lose the dowry which he gave her, and it shall absolutely belong to her, nor shall he be entitled to receive any of her property. If he should have sold, or fraudulently disposed of, any of the property of his wife, the judge shall compel him to make restitution. Where the woman, through fear of her husband, or deceived by any of his representations, should have made any written agreement concerning her property for his benefit, her agreement shall be null and void, and all the property which it disposed of shall be restored to her.
FLAVIUS CHINTASVINTUS, KING.
II. There shall be No Divorce between Married Persons.
If the violation of the wife of another is a crime, how much more is she to be condemned who voluntarily commits this sin. For the reason that there are many reckless men who, either through ambition or desire, or induced by some fraud, and despising their own wives, seek those of others, we therefore decree by this law, which is to be perpetually observed; that no man, except for the manifest cause of fornication, shall at any time, leave his wife, nor shall he divorce himself from her, either in the presence of a witness, or by any instrument in writing, or under any pretext whatever. Where her husband is able to prove her guilty of adultery, the crime having been established by sufficient evidence, she shall be given up to him by the judge to be disposed of as he pleases; in accordance with the provisions of a former law. If, however, she should manifest a desire to enter a religious order, the priest shall ascertain the wishes of both of them, so that, afterwards, neither will be able to offer any excuse for their conduct, in case either should marry again. But if, under any other circumstances, a man, rejecting his wife, should fraudulently obtain from her a document in writing, relating to a separation, such document shall have no validity whatever, and the wife shall be entitled to recover the sum she received as a dowry; and if the unprincipled husband should have any property, it shall be given to their children. But if there should be no children by this marriage, or by a former one of the husband, the wife shall receive his entire property, in addition to her dowry, as aforesaid; and if she should be dead, her sons shall have the right to bring the matter before the court; so that, the crime being proved, the man may undergo the sentence of the law. All the children either by this marriage or by a preceding one of the husband, shall, as we have said, share equally in the property. But if the parties should have no children; and there should be none living of the first marriage of the husband; and it should appear that the woman has children by a previous marriage of her own; it shall be lawful for the latter to share in their mother’s rights in this property; and, on their application, under the present law, they may obtain the entire possessions of the man who has been condemned. Where there are no children of the aforesaid persons, husband and wife, her nearest relatives shall be entitled to the inheritance of her property, providing they should have instituted proceedings leading to the conviction of the husband. Where a husband, for the sake of divorce, or for security to himself, extorts any instrument in writing from his wife, or, without doing this, having abandoned his wife, should marry another; he shall receive two hundred lashes in public, and shall be scalped, as a mark of degradation; or he may be condemned to perpetual exile, or be given as a slave to any one whom the king may select. Any woman who, knowing at the time, or having discovered subsequently, that her husband has another wife living, shall make no objection to this; shall, at once, be given up to the former wife of her husband; so that, with the exception of depriving her of life, she may have the privilege of disposing of her as she pleases. And if, even after the death of the first wife, this crime should be proved by her children, or, if there should be no children, by such heirs as have the right to prosecute; the guilty woman shall be given into their power, to be disposed of in the same manner as the injured wife would have had a right to dispose of her, the infliction of death alone being excepted. And, for the reason that women are accustomed very frequently to cause scandal by leaving their own husbands, on account of their attachment to kings and judges; therefore, we decree that if any woman either by the aid of the king, or through inducements held out to her by any one else, should separate from her husband, or consent to marry another man; she shall be surrendered, with all her property, into the hands of her lawful husband, and shall be liable to the same penalty imposed upon the husband under similar circumstances, as hereinbefore stated, and her property shall be disposed of in a similar manner.
Likewise, this same rule shall apply to men, where one shall presume to marry the wife or the betrothed of another; the following cases being excepted: where the husband of the woman should have been found guilty of pederasty; or should have surrendered his wife to another man against her will; or should have permitted this to be done; and, for the reason that such villainy ought always to be condemned by Christians, that man shall never be permitted to marry another woman, if he should desire to do so. Where the spurious marriage has actually taken place, the husband must be delivered up as a slave to some one, according to due process of law; and if the woman should be unwilling to longer live with her legal husband, she must afterwards live a chaste life; nor shall she be permitted to marry again until her aforesaid husband is dead.
FLAVIUS RECESVINTUS, KING.
III. There shall be No Separation between Persons who are Betrothed.
We have elsewhere prescribed the same punishment for transgressions committed by persons of equal rank. Therefore, the provisions of a former law relating to the persons as well as property, of men and women who have been betrothed, shall be, and is, hereby confirmed; and if any person after the dowry has been given, or the marriage contract has been legally drawn up, in violation of his, or her, solemn obligations, should marry any one else, without the consent of all parties; he, or she, shall be liable to all the penalties of a former law; and if it should appear that on account of sickness, rather than through fraud, such person is desirous of entering some religious order, he or she shall be permitted to do so, subject to the regulations of the above-mentioned former law.