[Footnote 115: The _Poenitentiale Theodori_ is contained in HADDAN AND STUBBS, _Councils_, III, 173-213; also that of Ecgberht, _ibid._, III, 413-31. Versions of these may be found in THORPE, _Ancient Laws_, II, 1 ff., 129 ff.; also with many others in WASSERSCHLEBEN, _Bussordnungen_; and in SCHMITZ, _Bussbücher_, 510 ff., 565 ff., who, contrary to the generally accepted view, traces (3 ff.) all the penitentials to Roman models. In general, see GEFFCKEN, _op. cit._, 61-67; FREISEN, _op. cit._, 785-92; ESMEIN, _op. cit._, II, 60-64; PERRONE, _De mat. christ._, III, 374 ff.; HINSCHIUS, "Das Ehescheidungsrecht nach den angelsächsischen und fränkischen Bussordnungen," _Zeitsch. für deut. Recht_, XX, 66 ff.; ROSENTHAL, _Rechtsfolgen des Ehebruchs_, 2 ff.; and especially BENNECKE, _Ehebruch_, 34 ff. LUCKOCK, _Hist. of Marriage_, 165-67, tries, of course, to take away the authenticity of THEODORE'S Penitential.] [Footnote 116: _Poenitentiale Theod._, II, xii, 5, 6: HADDAN AND STUBBS, _Councils_, III, 199: _cf._ THORPE, _Anc. Laws_, II, 17. For similar provisions, see _Poenitentiale XXXV Capitulorum_, c. 9, § 1: WASSERSCHLEBEN, _Bussordnungen_, 511; and the _Excerptiones Ecgberti_, c. 121: THORPE, _op. cit._, II, 114, 115.] Again, for malicious desertion on the part of the wife, the man may contract a new marriage after five years, if the bishop gives his consent;[117] and a woman whose husband loses his liberty for crime committed has the right to wed another man after a single year, if it be the first marriage which is thus dissolved.[118] Remarriage is allowed either spouse when the other is made captive in war;[119] and in case of conversion each spouse has the right of one-sided divorce, if the other remains in paganism.[120] Several other grounds of repudiation are recognized, as, for instance, when anyone has ignorantly married a person of servile condition;[121] or when a husband or wife is raised in rank and the consort remains in servitude.[122] But perhaps the most striking proof that in practice the church was obliged to compromise with popular sentiment is the repeated recognition of divorce by mutual consent.[123]