Note 256 — ERRATA. VOL. I.
Reading edition
It must not be on the mere confession of parties, 2 Burn. 461. but see Greenstreet and Greenstreet Phillimore’s Rep. Divorce by reason of impotence, 4 Bacon. Ab. 534, and cases there, and note, p. 555.
Authorities,—Panormus; Targereau, Paris, 1611; Sylva Nuptialis; Ambrose Parè, sixth edit.; Sanchez de Matrimonio; Journal des Sçavans, July, 1677; Johannes Saresberiensis in Policratico sive de nugis curialium; Rouliard’s Capitulaire; Antony Hotman’s Treatise. Bayle says that the Divorce propter impotentiam was first allowed by Justinian at the instance of his wife the empress Theodora; her life and character (7 Gibbon’s Roman Empire, p. 64) will best explain the motives of her interference; the Canonists added propter arctitudinem, which the empress had naturally omitted.