Abstract
Abstract The paper studies the practice of judging marital separation cases in the ecclesiastical court of Freising in the second half of the fifteenth century. The first chapter outlines the legal position for separating marriages from bed and board as practiced in the later Middle Ages, locating the practice between canon law, the communis opinio of legal scholars and regional traditions. Using the extensive documentation of the act books of the court in Freising, the paper then systematically analyses separation processes and judgement patterns under two judges. The results reveal a number of similarities, but also distinct differences between the way the two judges treated separation cases, indicating the importance of the role of the individual judge as a variable between the ius commune and regional legal traditions.
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