Great Opinions By Great Judges : a Collection of Important Judicial Opinions

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Such clergymen could not have been recognized as priests when the common law took its origin ; nor any clergy not allowed by the pope.
The question again arises, by what authority a new class of persons, viz., protestant clergymen, disclaimed by the pope, are permitted to celebrate a valid marriage, who could not have done so at the common law, and there having been no statute to alter the law upon the subject ? Is not the solution of the difficulty this, that at the common law the interpositio
...n of a priest was not necessary to the validity of the marriage for civil • purposes, although the church, treating marriage as a sacra- ment, from time to time varied the forms which it declared necessary to constitute a regular marriage, such as the church would entirely approve ?
30. Maeeiages ov quakees aud Jews.
I now come to a difficulty met, I confess, boldly by the judges ; the consideration of the marriages of quakers, which we are now told are all invalid, because not contracted before a priest episcopaUy ordained.


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