causa — Decretum of Gratian
Causa XXIX
CASE XXIX.
GRATIAN. It was announced to a certain noblewoman that she was being sought as wife by the son of a certain nobleman; she gave her assent. But another man of ignoble and servile condition presented himself under that man’s name and took her as wife. The man who had first found favor with her finally came and sought her as wife for himself. She complains that she was deceived and aspires to union with the former man. (Q. I.) Here it is asked first whether there is a marriage between them. (Q. II.) Second, if she had first thought this man to be free and afterward discovered that he was a slave, whether she may depart from him immediately.
GRATIANUS. Cuidam nobili mulieri nunciatum est, quod a filio cuiusdam nobilis petebatur in coniugem; prebuit illa assensum. Alius uero quidam ignobilis atque seruilis condicionis nomine illius se ipsum obtulit, atque eam in coniugem accepit. Ille, qui sibi prius placuerat, tandem uenit, eamque sibi in coniugem petit. Illa se delusam conqueritur, et ad prioris copulam aspirat. (Qu. I.) Hic primum queritur, an sit coniugium inter eos? (Qu. II.) Secundo, si prius putabat, hunc esse liberum, et postea deprehendit, illum esse seruum, an liceat ei statim ab illo discedere?
Friedberg, col. 1091/1092