Page:An introduction to Roman-Dutch law.djvu/111

 Rh MARRIAGE no time be entitled to take or receive any douarie or other benefit (whether by way of ante-nuptial contract, by the custom of the country, by testament, gift, transfer or otherwise in what manner soever) out of the goods which the said girl may leave behind, even though he may, after the marriage has been completed, have obtained the consent of the father and mother, of the aforesaid friends and relatives, or of the Court ; of which circum- stance we wlQ that no regard should be had in this matter. In hke manner if any girl or woman take upon herself to contract marriage with a young man not exceeding the age of twenty-five years, without consent of father or mother, or of the nearest friends and relatives, or of the judicial authorities of the place, such woman shall never be entitled to take or acquire any douarie or other benefit out of the goods which such man may leave behind (whether by way of ante-nuptial contract, by the custom of the country, by testament, gift, transfer or cession, in what manner soever), even though she may, after the marriage has been consummated, have obtained the consent of father or mother, of the aforesaid friends and relatives, or of the judicial authorities ; of which circumstance we will that no regard should be had. Further, we forbid all our subjects to be present, to consent or agree to such marriages, contracted without the consent of the judicial authorities, or to receive, entertain, or lodge in their houses persons so married, under penalty of one hundred gold CaroH or other severe punishment in the discretion of the Court. We forbid also all Notaries to receive any ante-nuptial contract or other promise to effect such marriage under pain of deprivation of office and, moreover, of being punished at discretion. Commanding aU our ofiicers and fiscals to take good care to have this ordinance observed and maintained, and to punish the contraveners of the same without favour or dissimulation.' The above enactment, it will be noticed, penahzes marriages contracted without the necessary consents, without, however, annuUing them. This further step was taken by the PoHtical Ordinance of April 1, 1580, Tte Pro- 1 11 1 n J. 1 visions of which by Art. 3 ^ provides that banns shall not be the PoUti- granted or proclaimed if those that apply for the same l^^^^f^""' are beneath the proper age, viz. twenty-five for young AprU i, xr «o n ,1 1580, Arts. 1 G. p. B. 331 ; Gr. 1. 5. 14-15 ; Voet, 23. 2. 11. 3 & 13.