... Valentinus Krappen, Berlinen. Marchicus, pro conferendo docturae cingulo, & consequendis in u.i. insignibus supremis ... LX. conclusion. ex intricatiss. dotium materia depromptas

should return to the father? Concerning this matter, we think the response of the jurist Pomponius in the law Jure succursum helped by law, 6, ff. Jur. Dot. on dotal law, is to be followed.

LV.
And this, according to Ulpian, is to be understood in such a way, provided that the husband retains a fifth part for each child: which right of retention does not seem to have been at all abolished by the constitution of Justinian, L. Unic. § Taceat. C. de Rei : act:, as Francisco Duareno and Antonius Guibertus Costan testify.

LVI.
Similarly, there is no place for demand whenever the marriage has been broken off by the fault of the woman, such as in the case of adultery.

LVII.
And this, not elegantly, after the scholastics of Canon Law, some jurists have extended to paraphernal goods and to donations falling to the wife by pact or local law, whose opinion I easily follow on account of this heinous crime, which is most worthy of severe punishment.

LVIII.
Thus, neither can the dowry be reclaimed whenever the woman departs without cause and does not return in a short time: or even if the dotal property has been evicted without the deceit or fault of the husband.