Page:Catholic Encyclopedia, volume 9.djvu/745

 BCABSIAOE 092 lftABfiIA0X

epeoies, are, or from time to time may thereafter be, requirement in some of the states, and in othen thi

assigned by the law of matrimony. " (I. Mar. and Div. parties may have recourse to the publication of baooi

Sec. 11.) mstead of securing a license. Parental consent is

The municipal law deals with this status only as a re<)uired in almost all of the states, the a^e for males

civil institution. Though sometimes spoken of as a bemg from sixteen to twenty-one and for females from

contract, marriage in the eyes of the municipal law is eighteen to twenty-one. Li nearly all of the states,

not a contract strictly speaking, but is a status result- if either of the parties has been continuoiisly absent

ing from the contract to marry. Justice Story speaks for a number of years and has not been known to be

of it as "an institution of societv founded upon the living during that time, the other party may contiact

consent and contract of the parties ''. (Story, ^* Ckmfl. a new marriage. The general doctrine of the law on

Laws", Sec. 108. Note.) All competent persons may the subject of foreign marriages is that a

intermarry, and marriage being pnresum&d to be for valid where celebrated is valid everywhere. Exoq)- the interest of the State and of the highest public in- tions are made in a number of states where citizens go terest, is encouraged. It is held to be a union for life, to another jurisdiction in order to evade the laws of The law does not permit it to be a subject of experi- the home domicile. In some of the states marriages mental or temporary arrangement, but a fixed and between persons of difTerent races are made void. If permanent status to be dissolved only by death, or, either of the parties is not of sound mind at the time of where statutes permit, by divorce. In England the entering into the marriage, it is void unless oonfirmed solemnization oi a marriage was required to be before when sanity is regained. Where a physical ino^iae- a clergyman until the statute passed in 1836, and all ity exists the marriage may be made void on the an- other marriafes excepting those of Quakers and Jews, plication of the other party who was ignorant of the were null. By that act civil marriages and those of fact. Under the conunon Jaw a marriaee can be an- dissenters from the Church of England are legalized nulled for mistake as to identity or fraud. There are and regulated. In order to constitute a valid mar- certain kinds of fraud where an ordinary contract riage there must be a consent of the parties, and in would be declared void, which do not affect a marriage some of the states of the Union no formality is neces- contract because of pubUc policy. In some of the sarv. United States annulment would be allowed for decep-

fiy the conunon law the age at which minors were tion as to chastity, but not, it is said, in Cngland. capable of marrying, known as the age of consent, was Duress sufficient to overcome the will of the consent- fixed at fourteen years for males and twelve years for ing party is a cause for annulment unless subaequently females. Marriages under the age of seven years for ratified. As in England, so in all of the United States both were void, but between seven and the age of con- there are statutes regulating the formalities in connee* sent the parties could contract an imperfect marri^^e, tion with marriages other timn common law marriages, which was voidable but not necessarily void. The and in addition to ministers of the various churches, marriage of parties who had attained the age of consent who for the purpose are looked upon as civil officers, was valid even though they lacked parental con- other designated officials are authorized to perform sent, until in England the marriage act of 1753 de- the marriage ceremony, excepting in a few of the clared such marriages void. This act, however, has states. Marriages may be proved both by direct and never been the law m the United States. In England circumstantial evidence, the pfesumption being in fa- imder the statute of 32 Henry VIII, c. 38, all niar- vor of a former marriage where there has been cohabi- riages were made lawful between parties not within the tation and reputation.

Levitical degrees of relationship; this was interpreted Where marriages are annulled, the decree relates to mean all marriages excepting those between rela- back to the date of the marriage, while divorce relates tives in the direct line and in the collateral line to the only to the date of its own decree (see Divorce). Pen- third degree, according to the rules of the Civil Law, alties are usually prescribed for violation of statutoiy including both tiie whole and the half blood. In the regulations relating to marriage by ministers or other United States, in the absence of statutes to the con- persons authorized to perform the ceremony. Mar- trary, marriages are unlawful only in the direct as- riage of itself gives to the husband and wife certain cending and descending line of consanguinity and interests in the property of the other, both real and per- between brothers and sisters. In most, if not all, of the sonal, which by modern legislation have been largely States, however, there are statutes covering this sub- modified. Formerly the husband was to sdl intents ject, and in a number of them marriages between first and purposes owner of his wife's property, but now cousins are forbidden. Marriages that arc made with- she has absolute control of it in ^[igiand and in the out formalities, but by the mere consent of the parties. United States, reserving to the husband certain rif hts are known as common law marriages. In order to which become effective after her death. In Engumd make such marriages effective, there must be a present imder the common law, the marriage of parents after hitention to make the contract and it must be ex- the birth of children does not legitimate them, but in pressed accordinglv, — in other words, ''per verba de most of the American states and in European oonti- pnesenti''. Wordjs expressing a futiu^ intention do nental countries it is sought to encourage marriage by not give the necessary consent, but when words are providing that illegitimate children may thus be legiti- usedwith the future intention apparently, followed by mated. The laws of most foreign countries make consummation, or, as it is said, per verba de futiut) strict requirements as to mental capacity, and estab- cum copula, a marriage is constituted, the future lish certain degrees of consanguinity and aflSnity promise having been converted by action into an ac- within which marriage cannot be contracted. There tual marriage. Marriages contracted without con- are certain impediments, not known in the United forming to statutory regulations are valid in a number States, imposing a period of delay in connexion with of states and not in others. Formal solemnization is military service, and providing a time within which a imnecessanr. Where no penalty for disobedience of woman may not contract marriage after the dissolu- statutory formalities is provided, their omission does tion of a previous one. The tendency in continental not inviJidate the marriage. countries is to establish civil marriage as ihe only form

The requirement of a license to marry was first recognized by the State. This is the law in BeWum. brought into England by Lord Hardwicke's Marriage France, Germany, Hungary, Italy, the NetherGindB» Act of 1753. It is not part of the common law of the Rumania, and Switzerland, where the civil ceremony United States, but very generally licenses are required alone is recognized in the eyes of the law, and in most in the states, though not to the extent of making mar- of these countries clergymen are prohibited under riages invalid where they have not been granted. The severe penalties from performing the religious cere- Society of Friends or Quakers is excepted from the mony before the civil marriage has taken place. A