# Lehre und Wehre_St. Louis Missouri_Mai 1864_S133
# AI translation — CHI Digital Archive (demonstration)

Theological Axioms. 133

Although marriage by its nature is indissoluble, because what God has joined together man ought not to separate, yet it is in fact dissolved through adultery and malicious desertion.

71. Magistratus divortium faciens et separationem innocentis et adulteri instituens, matrimoniale vinculum non dissolvit, sed per adulterium dissolutum fuisse testatur. (Gerh.) — A magistrate, in granting a divorce and instituting a separation of the innocent party from the adulterous one, does not dissolve the marital bond, but attests that it has been dissolved through the adultery.

When the magistracy carries out a divorce and effects a separation of the innocent from the adulterous party, it does not thereby dissolve the marriage bond, but bears witness that the same has been dissolved through the adultery.

72. Non dicitur separari, quod nunquam fuit conjugium. (Dannhauer.) — That is not said to be separated which never was a marriage.

One does not say of that which was never a marriage that it is being separated.

73. Deserta non facit, sed patitur divortium, desertor facit, sed injuste. (Dannhauer.) — The deserted party does not bring about the divorce, but suffers it; the deserter brings it about, but unjustly.

The deserted woman does not cause but suffers the divorce; the deserter causes it, but wrongfully.

74. Is demum censendus est desertor, qui animo malitioso impulsus a conjuge discedit, nec sese revocari patitur. (Gerh.) — Only he is to be reckoned a deserter who, driven by a malicious intent, departs from his spouse and does not allow himself to be called back.

Only that one is to be held a deserter who, out of malice, removes himself from his spouse and will not be moved to return.

75. Nemo ob alienum crimen suo jure privari potest. (Dannhauer.) — No one can be deprived of his own right on account of another's crime.

No one can be robbed of his right through another's crime.

76. Nemo potest esse judex in propria causa. (Gerh.) — No one can be judge in his own case.

No one can be judge in his own affair.

77. Divortium in casu adulterii juste fieri potest, non tamen semper fieri debet necessario. (Wandalinus.) — In a case of adultery a divorce can rightly take place, yet it need not always necessarily take place.

In the case of adultery, divorce can rightly occur, yet one is not always necessarily obliged to let it take place.

78. Si pars innocens nocenti condonat, disruptum conjugale vinculum iterum coalescit. (Gerh.) — If the innocent party forgives the guilty one, the broken marital bond grows together again.

If the innocent party grants forgiveness to the guilty one, the torn marriage bond is joined together again.

79. Lex Mosis alicubi permittebat non bonum ad cavendum majus malum. (Kromayer.) — The law of Moses in some places permitted something not good in order to guard against a greater evil.

The law of Moses at times allowed something not good, for the avoidance of a greater evil.

80. A divortio maximopere differt separatio a thoro et mensa, quippe quae propter saevitias alterius conjugis et inimicitias capitales, salvo vinculo matrimoniali, fieri solet, ad certum duntaxat tempus, ut animi interea reconcilientur. (Deyling.) — Separation from bed and board differs very greatly from divorce, since it is customary to take place, on account of one spouse's cruelty and mortal enmity, without the marital bond being dissolved, and only for a set time, so that in the meantime feelings may be reconciled.

From divorce, the separation from table and bed is quite different, which, on account of one spouse's raging conduct and deadly enmity, is wont to take place, without dissolving the marital bond, only for a certain time, so that in the meanwhile hearts may be reconciled with one another.