Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/454

 438 under twenty-one, (not being a widow or widower, who are uppoed emancipated) without the conent of the father, or, if he be not living, of the mother or guardians, hall be abolutely void. A like proviion is made as in the civil law, where the mother or guardian is non compos, beyond ea, or unreaonably froward, to dipene with uch conent at the dicretion of the lord chancellor: but no proviion is made, in cae the father hould labour under any mental or other incapacity. Much may be, and much has been, aid both for and againt this innovation upon our antient laws and contitution. On the one hand, it prevents the clandetine marriage of minors, which are often a terrible inconvenience to thoe private families wherein they happen. On the other hand, retraints upon marriages, epecially among the lower clas, are evidently detrimental to the public, by hindering the encreae of people; and to religion and morality, by encouraging licentiounes and debauchery among the ingle of both exes; and thereby detroying one end of ociety and government, which is, concubitu prohibere vago. And of this lat inconvenience the Roman laws were o enible, that at the ame time that they forbad marriage without the conent of parents or guardians, they were les rigorous upon that very account with regard to other retraints: for, if a parent did not provide a huband for his daughter, by the time me arrived at the age of twenty five, and he afterwards made a lip in her conduct, he was not allowed to diinherit her upon that account; "quia non ua culpa, ed parentum, id commiie cognocitur ."

4. incapacity is want of reaon; without a competent hare of which, as no other, o neither can the matrimonial contract, be valid. It was formerly adjudged, that the iue of an idiot was legitimate, and conequently that his marriage was valid. A trange determination! ince conent is abolutely requiite to matrimony, and neither idiots nor lunatics are capable of conenting to any thing. And therefore the civil law judged much more enibly, when it made uch deprivations of reaon a Rh