Note 91 — Chapter XI · HISTORY OF SEPARATION AND DIVORCE UNDER ENGLISH AND ECCLESIASTICAL LAW

Lex Visig., lib. iii, tit. iv, c. 3; tit. v, c. 5; tit. vi, c. 2. For sodomy or for forcing her to adultery, the wife may put away the husband and marry again. Cf. Geffcken, op. cit., 38-40; Glasson, op. cit., 187. There is a similar provision in the Longobard code: Geffcken, op. cit., 41. As a general rule, the woman is not allowed one-sided divorce; indeed, for attempting such a separation, the Lex Burgund., tit. xxxiv, c. 1, prescribes the death penalty: cf. Freisen, op. cit., 780, who holds that the woman cannot by German law have the right of one-sided divorce, because she cannot dissolve the mund which belongs solely to the man; and he contends against Sohm, Schroeder, and Loening that when the woman, as in exceptional cases cited, has the right of separating, it is not she who dissolves the marriage, but the law indirectly by depriving the man of the mund.