Note 942 — Chapter VII · RISE OF ECCLESIASTICAL MARRIAGE: THE CHURCH ACCEPTS THE LAY CONTRACT AND CEREMONIAL

"For even on earth children do not rightfully and lawfully wed without their father's consent."—Tertullian, To His Wife, Book II, c. viii: Ante-Nicene Fathers, IV, 48. According to Ulpian, in Dig., 1, tit. xvii, 1. 30, "Nuptias non concubitus, sed consensus facit." But Paulus, ibid., xxiii, tit. ii, 1. 2, shows that the consensus "must be at once that of the parties themselves, and of those in whose potestas they are." See the excellent article of Ludlow, in Dict. Christ. Antiq., I, 433-36.