manner by the Romans as a law term. If in any case two or more accusers came forward against one and the same individual, it was, as the phrase ran, _decided by divination_, who should be the chief or real accuser, whom the others then joined as _subscriptores;_ _i.e._ by putting their names to the charge brought against the offender. This transaction, by which one of several accusers was selected to conduct the accusation, was called _divinatio_, as the question here was not about facts, but about something which was to be done, and which could not be found out by witnesses or written documents; so that the judices had, as it were, to divine the course which they had to take. Hence the oration of Cicero, in which he tries to show that he, and not Q. Caecilius Niger, ought to conduct the accusation against Verres, is called _Divinatio in Caecilium_. DĪVĪSOR. [AMBITUS.] DĪVORTĬUM (ἀπόλειψις, ἀπόπεμψις), divorce. (1) GREEK. The laws of Athens permitted either the husband or the wife to call for and effect a divorce. If it originated with the wife, she was said to leave her husband’s house (ἀπολείπειν); if otherwise, to be dismissed from it (ἀποπεμπέσθαι). After divorce, the wife resorted to her male relations, with whom she would have remained if she had never quitted her maiden state; and it then became their duty to receive or recover from her late husband all the property that she had brought to him in acknowledged dowry upon their marriage. If, upon this, both parties were satisfied, the divorce was final and complete: if otherwise, an action ἀπολείψεως, or ἀποπέμψεως, would be instituted, as the case might be, by the party opposed to the separation. A separation, however, whether it originated from the husband or the wife, was considered to reflect discredit on the latter.--(2) ROMAN. Divorce always existed in the Roman polity. As one essential part of a marriage was the consent and conjugal affection of the parties, it was considered that this affection was necessary to its continuance, and accordingly either party might declare his or her intention to dissolve the connection. No judicial decree, and no interference of any public authority, was requisite to dissolve a marriage. The first instance of divorce at Rome is said to have occurred about B.C. 234, when Sp. Carvilius Ruga put away his wife, on the ground of barrenness: it is added, that his conduct was generally condemned. Towards the latter part of the republic, and under the empire, divorces became very common. Pompey divorced his wife Mucia for alleged adultery; and Cicero divorced his wife Terentia, after living with her thirty years, and married a young woman. Cato the younger divorced his wife Marcia, that his friend Hortensius might marry her, and have children by her; for this is the true meaning of the story that he lent his wife to Hortensius. If a husband divorced his wife, the wife’s dowry, as a general