Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/455

 Ch. 15. previous impediment; though not a caue of divorce, if they happened after marriage. And modern reolutions have adhered to the reaon of the civil law, by determining that the marriage of a lunatic, not being in a lucid interval, was abolutely void. But as it might be difficult to prove the exact tate of the party's mind at the actual celebration of the nuptials, upon this account (concurring with ome private family reaons) the tatute 15 Geo. II. c. 30. has provided, that the marriage of lunatics and perons under phrenzies (if found lunatics under a commiion, or committed to the care of trutees by any act of parliament) before they are declared of found mind by the lord chancellor or the majority of uch trutees, hall be totally void.

, the parties mut not only be willing, and able to contract, but actually mut contract themelves in due form of law, to make it a good civil marriage. Any contract made, per verba de praeenti, or in words of the preent tene, and in cae of cohabitation per verba de futuro alo, between perons able to contract, was before the late act deemed a valid marriage to many purpoes; and the parties might be compelled in the piritual courts to celebrate it in facie eccleiae. But thee verbal contracts are now of no force, to compel a future marriage. Neither is any marriage at preent valid, that is not celebrated in ome parih church or public chapel, unles by dipenation from the arch-bihop of Canterbury. It mut alo be preceded by publication of banns, or by licence from the piritual judge. Many other formalities are likewie precribed by the act; the neglect of which, though penal, does not invalidate the marriage. It is held to be alo eential to a marriage, that it be performed by a peron in orders, though the intervention of a priet to olemnize this contract is merely juris poitivi, and not juris naturalis aut divini: it being aid that pope Innocent the third was the firt who ordained the celebration of marriage in the church ; Rh