Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/453

 Ch. 15. 3. incapacity aries from want of conent of parents or guardians. By the common law, if the parties themelves were of the age of conent, there wanted no other concurrence to make the marriage valid: and this was agreeable to the canon law. But, by everal tatutes, penalties of 100𝑙. are laid on every clergyman who marries a couple either without publication of banns (which may give notice to parents or guardians) or without a licence, to obtain which the conent of parents or guardians mut be worn to. And by the tatute 4 & 5 Ph. & M. c. 8. whooever marries any woman child under the age of ixteen years, without conent of parents or guardians, hall be ubject to fine, or five years imprionment: and her etate during the huband's life hall go to and be enjoyed by the next heir. The civil law indeed required the conent of the parent or tutor at all ages; unles the children were emancipated, or out of the parents power : and, if uch conent from the father was wanting, the marriage was null, and the children illegitimate ; but the conent of the mother or guardians, if unreaohably withheld, might be redreed and upplied by the judge, or the preident of the province : and if the father was non compos, a imilar remedy was given. Thee proviions are adopted and imitated by the French and Hollanders, with this difference: that in France the ons cannot marry without conent of parents till thirty years of age, nor the daughters till twenty five ; and in Holland, the ons are at their own dipoal at twenty five, and the daughters at twenty. Thus hath tood, and thus at preent tands, the law in other neighbouring countries. And it has lately been thought proper to introduce omewhat of the ame policy into our laws, by tatute 26 Geo. II. c. 33. whereby it is enacted, that all marriages celebrated by licence (for banns uppoe notice) where either of the parties is Rh