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A History of Matrimonial Institutions, Vol. 2 of 3

Note 192 — Chapter XI · HISTORY OF SEPARATION AND DIVORCE UNDER ENGLISH AND ECCLESIASTICAL LAW

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The Renovatio ecc. Nord. (1525): Richter, Kirchenordnungen, I, 20, tolerates the second marriage of a person whose spouse has committed adultery. The Prussian Landesordnung of the same year expressly sanctions the divorce and remarriage of the injured spouse whose partner has committed the same offense: Richter, op. cit., I, 32. In 1531 the church ordinance of Goslar and that of Lübeck, drafted by Bugenhagen, recognize malicious desertion as a second ground for dissolving wedlock: Richter, op. cit., I, 156, 148; and a similar provision appears in the Pommer ordinance of 1535, also drafted by Bugenhagen: Richter, op. cit., 250. Compare Schulte, Lehrbuch, 414-28, who gives an account of the provisions of the many ordinances regarding divorce and remarriage.

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