Geffcken criticises SDRALEK, _Hincmars Gutachten über die Ehescheidung des Königs Lothar II._, 108 ff., who holds that the Frankish civil court has full authority to decree divorces. According to SOHM, "Die geistliche Gerichtbarkeit im fränk. Reich," _ZKR._, IX, 218, 242 ff., the Frankish matrimonial law is "temporal law, and receives its development through temporal custom and legislation." The canons are statutes for the spiritual and not for the temporal law; and only through the public lawgiver do they have any effect upon the legal principles governing marriage. "By virtue of public law marriage is subordinate to the state and not to the church." The spiritual law is no law for the temporal court; and in matrimonial causes the spiritual court is no court according to public law. There exists, in fact, in the Frankish empire no spiritual jurisdiction in the sense of public law. With this view GEFFCKEN, _op. cit._, 68 n. 3, agrees; while rejecting as inconsistent therewith Sohm's later statement in _ZKR._, XVII, 179, that the judgment of the temporal as well as that of the spiritual court was necessary for a divorce. Compare BOEHMER, _Ehegesetze im Zeitalter Karls des Grossen_, 108-16, who explains the contradictory enactments of the period as the result of the two systems of jurisprudence--the temporal and the spiritual.] [Footnote 135: See the remarkable capitulary of Lothar I., 825. For the correction of all sins and crimes (_quibuslibet culpis atque criminibus_) the count is associated with the bishop. When excommunication fails to correct the offender, "_a comite vinculis constringatur_": quoted by GEFFCKEN, _op. cit._, 72; _cf._ ESMEIN, _op. cit._, I, 13, 14.] [Footnote 136: GEFFCKEN, _op. cit._, 74.] [Footnote 137: See GEFFCKEN'S argument based on the _Libri duo de synodalibus causis et disciplinis ecclesiasticis_ of Regino, abbot of Prüm (883-915): _op. cit._, 77-79. In England under King Cnut the bishop already appears to have had jurisdiction in divorce cases, although not until more than a century later was the matrimonial jurisdiction of the English ecclesiastical courts fully established: POLLOCK AND MAITLAND, _Hist. of Eng. Law_, II, 364, 365.]