Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/452

 436 formed, but they render the parties incapable of forming any contract at all: they do not put aunder thoe who are joined together, but they previouly hinder the junction. And, if any perons under thee legal incapacities come together, it is a meretricious, and not a matrimonial, union.

1. firt of thee legal diabilities is a prior marriage, or having another huband or wife living; in which cae, beides the penalties conequent upon it as a felony, the econd marriage is to all intents and purpoes void : polygamy being condemned both by the law of the new tetament, and the policy of all prudent tates, epecially in thee northern climates. And Jutinian, even in the climate of modern Turkey, is expres, that "duas uxores eodem tempore habere non licet."

2. next legal diability is want of age. This is ufficient to avoid all other contracts, on account of the imbecillity of judgment in the parties contracting; a fortiori therefore it ought to avoid this, the mot important contract of any. Therefore if a boy under fourteen, or a girl under twelve years of age, marries, this marriage is only inchoate and imperfect; and, when either of them comes to the age of conent aforeaid, they may diagree and declare the marriage void, without any divorce or entence in the piritual court. This is founded on the civil law. But the canon law pays a greater regard to the contitution, than the age, of the parties : for if they are habiles ad matrimonium, it is a good marriage, whatever their age may be. And in our law it is o far a marriage, that, if at the age of conent they agree to continue together, they need not be married again. If the huband be of years of dicretion, and the wife under twelve, when he comes to years of dicretion he may diagree as well as he may: for in contracts the obligation mut be mutual; both mut be bound, or neither: and o it is, vice vera, when the wife is of years of dicretion, and the huband under. Rh