Page:An introduction to Roman-Dutch law.djvu/116

 Rh 76 THE LAW OF PERSONS is easily presumed, and may not be withheld unreason- ably. C. The formal require- ments of marriage. producing evidence of their parents' consent, the aforesaid Magistrates or Ministers of Religion shall, before the proclamation of such banns, be bound to summon the parents of the appUcant before them, and in case the parents refuse or fail to appear within fourteen days after the service of the summons upon them, such refusal shall be held for consent, and the said Magistrate or Ministers of Religion may then forthwith proceed to the aforesaid proclamations and banns ; but if the parents appear and allege any reasons why they will not consent to the desired marriage, and cannot be persuaded thereto by the Magis- trate or Minister of Rehgion, the aforesaid Magistrate or Ministers may not marry such young people or join them in wedlock, before they are directed to do so by the College of Magistrates after enquiry into the circum- stances.' From the above-cited passage it is plain that though the consent of parents was required in the case of the marriage of major children, such consent was easily presumed and might not be unreasonably withheld. If consent was withheld the Court determined whether the grounds of refusal were sufficient.^ In the modern law the consent of parents is not necessary when the parties to the marriage are of full age. C. The formal requirements of marriage. In early times, Grotius tells us, marriages were perfected with little or no ceremony.^ The blessing of the Church was not always invoked. To provide against the scandals consequent upon such a state of things the Political Ordinance, by Art 3,* for the first time gave statutory authority to the canonical practice of pubhcation of banns. ' Those who after the pubhcation of these presents shall desire to enter upon marriage shall be bound to appear before the Magistrate or Ministers of Rehgion in the towns or places of their residence, and there apply for the granting to them of three Sunday or market banns, to be made in ^ Van Leeuwen, 1. 14. 6 ; Hoola van Nooten, vol. 1, p. 311 ; V. d. K. Th. 78-81 ; V. d. L. 1. 3. 6. Van Leeuwen (1. 14. 7) specifies the circumstances which the judge will usually take into consideration. Gr. 1. 5. 16 ; Van Leeuwen, 1. 14. 3. ^ 1 G. P. B. 331.