Note 972 — Chapter VII · RISE OF ECCLESIASTICAL MARRIAGE: THE CHURCH ACCEPTS THE LAY CONTRACT AND CEREMONIAL

"By performing the civil rite outside the walls of the church they declared the fundamental nature of the matrimonial contract, and asserted the doctrine of the common law of the land respecting its meaning and purpose."—Jeaffreson, Brides and Bridals, I, 53. This view is of course rejected by Dieckhoff, Die kirch. Trauung, 76, note, 79 ff., who regards the ecclesiastical transaction as a real ecclesiastical celebration necessary to the marriage in the eyes of the church. Cf. Bierling, "Kleine Beiträge," ZKR., XVI, 288 ff., who criticises Dieckhoff (Civilehe und kirch. Trauung), and agrees with Sohm (Zur Trauungsfrage, 10) that the ecclesiastical transaction must not be confused with ecclesiastical marriage.