San Marcos free press. [volume] (San Marcos, Tex.) 1877-1892, 1878-11-30
DIVORCE.
The D,ssremse Be,ween old Iymss and Ner,

ttrnm the Aioahy ~ T., Law kevicw,l
Divorce existed in all ages at Rome,
and was always private act. For n
long time it was not abused by the Ro-
mans, but toward the latter part of the
republic and under the empire divorces
became very common. Seneca notices
this laxity ofmanners, and Juvenal gives
a remarkable instance of Roman ma.
tron who is said to have gone the rounds
Of eight husbands in five years. Pom
pey divorced his wife Mucia. Cicero
speaks of Paula Valera as being ready
to serve her husband with notice of di-
vorce on his return from his province.
Cicero himself divorced his wife Teren-
tin, after living with her thirty years.
The husband generally took the keys
from his wife, put her out of his house,
gave her back her dowry, and so dis
solved the marriage. This might be
done in the wife's absence. Cicero di-
vorced his wife Terenta by letter. The
laws in the several Grecian States re-
garding divorce were different, and in
some Of them men were allowed to put
away their wives ON slight occasions.
Among the Athenians, either husband
or wife might take the first step. The
wife might leave the husband or the
husband might dismiss the wife. The
Spartans seldom divorce their wives.
The Ephori fined Lysander for repudi-
ating his wife. An Arab may divorce
his wife on the slightest occasion. So
easy and so common is the practice, that
Burckhardt assures us that he has seen
Arabs not more than forty-fve years OF
age who were known to have had fifty
wives, yet they rarely have more than
one at a time. BY the Mohammedan
law man may divorce his wife orally,
and without any ceremony; he pays her
a portion, generally one-third of his
dowery. He may divorce her twice and
take her again without her consent, but
if he put her away by triple divorce
conveyed in the same sentence, he can
not receive her again until she has been
married and divorced by another hus'
band. By the Jewish law it appear
that wife could not divorce her hus
band, but under the Mohammedan code
for cruelty and some other causes, she
may divorce him. Among the Hindoos
and also among the Chinese, husband
may divorce his wife upon the sightes
ground, or even without assigning any
reason. She is under the absolute con
troll of her husband. The law of France
before the revolution, following the
judgment of the Catholic church, held
marriage to be indissoluble; but during
the early revolutionary period divorce
was permitted at the pleasure of the par
ties when incompatibility of temper was
alleged. The Code Napoleon restricted
this liberty. On the restoration of the
Bourbons a law was promulgated, 9th o.
May, 1916, declaring divorce to be abol
ished; that all suits then pending fol
divorce, for definite cause, should be fol
separation only, and that all steps ther
taken for divorce by mutual consent
should be void, and such is now the Law
in France. The power of the courts tt
grant limited divorces is well settled il
this country. Cruel and inhuman treat
ment and abandonment are frequen
grounds of action. Austerity of temper
sallies of passion, abusive language, ant
mere indignities to the moral characte
or reputation of his wife, vulgar or harsl
language, with such epithets that deep
ly wound the feelings and excite tn,
passions without any menace indicating
violence to the person, do not affor,
sufficient grounds of divorce. If wifi,
renders her husbands condition intol
cradle and his life Cumbersome" or j
her conduct is SO violent and outrageous
as TO render the proper discharge of TIN
duties of married life impossible, it i
good ground of separation from her
Such abuse or indignities offered by thu
wife to the husband would not justif,
him in turning her out Of doors; la
must show such cruel orbarbarous treat
ment or danger of his life as would eli