Stephani de Malescot Iuriscos. ac Belarborensis Theophilologi, de Nuptiis Liber Paradoxicus, nova & recenti methodo compositus

that Ulpianus suggests, when he posits that marriage is made by consent, not by copulation. For it is known to all that marriage is not made by copulation, because consent is required, and without it, they are of no moment. Otherwise, harlots would very often contract marriages. And truly, since he who errs cannot consent, he who has been circumvented by the deceptions of procuresses, or caught by drunkenness, or ensnared by insidious flatteries—where he is now completely immersed in pleasures and has little of his own mind or right—cannot be seen to have consented at all.

c Law "Marriage," on the rules of law.

d Law "If through error," regarding the jurisdiction of all judges.

Just as today matrimony is not contracted by mere naked consent, so unless sacred solemnities are observed, neither does a marriage exist, nor are the contracting parties prevented from separating from one another. This was established by the new constitution published by that most celebrated of princes, Caesar Leo, called the Philosopher, and the prince Caesar Alexius, surnamed Comnenus. However, with the solemnities observed, marriages are seen to exist, and the contract can no longer be dissolved. But let us understand to what the rule that is objected to us contributes: If someone on his deathbed says, "Let my heir give ten gold pieces to this cousin of mine, when she marries," and this woman has contracted a marriage with someone, or has agreed to contract one, even if she has not had intercourse with him, she will equally

d Law "If through error," regarding the jurisdiction of all judges.