m contemnatur_ (Nov. 134), indicates the
influence of the Christian idea of marriage. That influence, however,
did not long continue in its full force. The prohibitions of Justinian
on divorce by consent were repealed by Justin (Nov. 140), his successor.
"He yielded," says Gibbon, "to the prayers of his unhappy subjects, and
restored the liberty of divorce by mutual consent; the civilians were
unanimous, the theologians were divided, and the ambiguous word which
contains the precept of Christ is flexible to any interpretation that
the wisdom of a legislature can demand." It was difficult, the enactment
stated, "to reconcile those who once came to hate each other, and who,
if compelled to live together, frequently attempted each other's lives."

Justinian further re-enacted, with some modifications, the power of
divorce by a husband or wife against the will of the other. Divorce by a
wife was allowed in five cases (Nov. 117): (1) the husband being party
or privy to conspiracy against the state; (2) attempting his wife's
life, or failing to disclose to her plots against it; (3) attempting to
induce his wife to commit adultery; (4) accusing his wife falsely of
adultery; (5) taking a woman to live in the house with his wife, or,
after warning, frequenting a house in the same town with any woman other
than his wife. If a wife divorced her husband for one of these reasons,
she recovered her dowry and any property brought into the marriage by
her husband for life with reversion to her children, or if there were no
children, absolutely. But if she divorced him for any other reason, the
provisions of the enactment of Theodosius and Valentinian were to apply.
A husband was allowed to divorce his wife for any one of seven reasons:
(1) failure to disclose to her husband plots against the state; (2)
adultery; (3) attempting or failing to disclose plots against her
husband's life; (4) frequenting dinners or balls with other men against
her husband's wishes; (5) remaining from home against the wishes of her
husband except with her parents; (6) going to the circus, theatre or
amphitheatre without the knowledge or contrary to the prohibition of her
husband; (7) procuring abortion. If the husband divorced his wife for
any one of these reasons he retained the dowry absolutely, or if there
were children, with reversion to them. If he divorced her for any other
reason, the enactments of Theodosius and Valentinian applied. In any
case of a di