causa — Decretum of Gratian
Causa XXXIV
GRATIAN. A certain man was led into captivity; afterward his wife, hearing that he was dead, married another; finally he, returning from captivity, reclaims his wife; she, captivated by love of the later man, spurns the bed of the former. (Question I.) Now it is asked first whether she is guilty of adultery who married another while her husband was living. (Question II.) Second, whether, when the first returns, she is to be compelled to withdraw from the second and return to the first.
GRATIANUS. Quidam uir in captiuitatem ductus est; postea uxor eius, audiens illum mortuum, nupsit alii; demum ille, de captiuitate rediens, repetit uxorem suam; illa, posterioris amore capta, aspernatur thorum prioris. (Qu. I.) Nunc primum queritur, an sit rea adulterii, que uiuente uiro suo alteri nupsit? (Qu. II.) Secundo, an redeunte primo sit cogenda recedere a secundo, et redire ad primum?
Friedberg, col. 1255/1256