Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/456

 440 before which it was totally a civil contract. And, in the times of the grand rebellion, all marriages were performed by the jutices of the peace; and thee marriages were declared valid, without any freh olemnization, by tatute 12 Car. II. c. 33. But, as the law now tands, we may upon the whole collect, that no marriage by the temporal law is ipo facto void, that is celebrated by a peron in orders, — in a parih church or public chapel (or elewhere, by pecial dipenation) — in puruance of banns or a licence, — between ingle perons, — conenting, — of found mind, — and of the age of twenty one years; — or of the age of fourteen in males and twelve in females, with conent of parents or guardians, or without it, in cae of widowhood. And no marriage is voidable by the eccleiatical law, after the death of either of the parties; nor during their lives, unles for the canonical impediments of pre-contract, if that indeed till exits; of conanguinity; and of affinity, or corporal imbecillity, ubiting previous to the marriage.

II. next to conider the manner in which marriages may be diolved; and this is either by death, or divorce. There are two kinds of divorce, the one total, the other partial; the one a vinculo matrimonii, the other merely a mena et thoro. The total divorce, a vinculo matrimonii, mut be for ome of the canonical caues of impediment before-mentioned; and thoe, exiting before the marriage, as is always the cae in conanguinity; not upervenient, or ariing afterwards, as may be the cae in affinity or corporal imbecillity. For in caes of total divorce, the marriage is declared null, as having been abolutely unlawful ab initio; and the parties are therefore eparated pro alute animarum: for which reaon, as was before oberved, no divorce can be obtained, but during the life of the parties. The iue of uch marriage, as is thus entirely diolved, are batards.

a mena et thoro is when the marriage is jut and lawful ab initio, and therefore the law is tender of diolving it; Rh