Note 1028 — Chapter VII · RISE OF ECCLESIASTICAL MARRIAGE: THE CHURCH ACCEPTS THE LAY CONTRACT AND CEREMONIAL

Following Pollock, First Book of Jurisprudence (London, 1896), 311-17.

In general, on these decisions and those preceding see the masterly discussion of Friedberg, Eheschliessung, 39-57, 427, 464 ff. His conclusions are supported by Sohm, Eheschliessung, 125 ff.; Pollock and Maitland, Hist. of Eng. Law, II, 367 ff.; and by the article of Elphinstone, in Law Quarterly Review, V, 49 ff. Compare Reeves, Hist. of the Common Law, IV, 52 ff.; Bishop, Marriage, Divorce, and Separation, II, 171, 172; Kent, Commentaries, II, 87 ff., notes; Bright, Husband and Wife, II, 398. These judgments are regarded as historically just by Dieckhoff, Die kirch. Trauung, 70, note; and Cook, "The Marriage Ceremony in Europe," Atlantic, LXI.