vorce, if the father or mother of either spouse had advanced
the dowry and it would be forfeited by an unreasonable divorce, the
consent of the father or mother was necessary to render the divorce
valid.

_Effect of Divorce on Children in the Law of Rome._--The custody of the
children of divorced parents was dealt with by the Roman law in a
liberal manner. A constitution of Diocletian and Maximian left it to the
judge to determine in his discretion to which of the parents the
children should go. Justinian enacted that divorce should not impair the
rights of children either as to inheritance or maintenance. If a wife
divorced her husband for good cause, and she remained unmarried, the
children were to be in her custody, but to be maintained by the father;
but if the mother was in fault, the father obtained the custody. If he
was unable, from want of means, to support them, but she was able to do
so, she was obliged to take them and support them. It is interesting to
compare these provisions as to children with the practice at present
under English law, which in this respect reflects so closely the spirit
of the law of Rome.

_The Canon Law of Divorce._--The canon law of Rome was based on two main
principles: (1) That there could be no divorce a _vinculo matrimonii_,
but only _a mensa et thoro_. The rule was stated in the most absolute
terms: _"Quamdiu vivit vir licet adulter sit, licet sodomita, licet
flagitiis omnibus coopertus, et ab uxore propter haec scelera
derelictus, maritus ejus reputatur, cui alterum vivum accipere non
licet"_ (Caus. 32, Quaest. 7, c. 7). (2) That no divorce could be had at
the will of the parties, but only by the sentence of a competent, that
is to say, an ecclesiastical, court. In this negation of a right to
divorce a _vinculo matrimonii_ lies the broad difference between the
doctrines of the Eastern and Western Churches of Christendom. The Greek
Church, understanding the words of Christ in the broader sense above
mentioned, has always allowed complete divorce with a right to remarry
for the cause of adultery. And it is said that the form at least of an
anathema of the council of Trent was modified out of respect to
difference on the part of the Greek Church (see Pothier 5. 6. 21). The
papal canon law allowed a divorce a _mensa et thoro_ for six causes: (1)
adultery or unnatural offences; (2) impotency; (3) cruelty; (4)
infidelity; (5) entering into religion; (6) consanguinity. The Church,
h