Note 4 — VOLUME VI SLICE VII Columbus to Condottiere (continued 9)

F. Pollock and F. W. Maitland, Hist. of English Law, 2nd ed. vol. ii. p. 370. In the case of Richard de Anesty, decided by papal rescript in 1143, “a marriage solemnly celebrated in church, a marriage of which a child had been born, was set aside as null in favour of an earlier marriage constituted by a mere exchange of consenting words” (ibid. p. 367; cf. the similar decretal of Alexander III. on p. 371). The great medieval canon lawyer Lyndwood illustrates the difficulty of distinguishing, even as late as the middle of the 15th century, between concubinage and a clandestine, though legal, marriage. He falls back on the definition of an earlier canonist that if the woman eats out of the same dish with the man, and if he takes her to church, she may be presumed to be his wife; if, however, he sends her to draw water and dresses her in vile clothing, she is probably a concubine (Provinciale, ed. Oxon. 1679, p. 10, s.v. concubinarios).