CONCUBINAGE , which such restrictions tended to develop, is noticed under a See also:

• SEPARATE

Roman law.—The three See also:

• PRIMITIVE

32. This lofty view of marriage, according to which See also:

• MAN
• MAN, ISLE OF (anc. Mona)

14). Finally it is to St Paul that the idea of marriage as a See also:

• SACRAMENT

12), and held that the sooner this relation was established the better (de bono conjug. 22). Marriage being then an inferior See also:

• STATE
• STATE, GREAT OFFICERS OF

According to the canon law " affinity " is the relation between two persons of whom one has had See also:

• COMMERCE
• COMMERCE (Lat. commercium, from, cum, together, and rnerx, merchandise)

The canon law, which in this case derives from the old Germanic law, has the same computation as regards the direct line. In the case of collateral relations, however, it differs, having two rules: (1) In the case of equal line—i.e. when the collaterals are equally removed from the common progenitor, it reckons the same number of degrees between the collaterals as between one of them and the progenitor; e.g. brothers are related in the 1st degree, while cousinsgerman are related in the 2nd degree because they are two generations from the common grandfather. (2) In the case of unequal line—i.e. when the collaterals are unequally removed from the common ancestor, the degree of their relationship is that of the most remote from the common progenitor; e.g. uncle and niece are related in the 2nd degree—i.e. that of the niece to the grandfather. The civil computation was furiously attacked by canonists as tending to laxity (see See also:

• PETER
• PETER (Lat. Petrus from Gr. irfpos, a rock, Ital. Pietro, Piero, Pier, Fr. Pierre, Span. Pedro, Ger. Peter, Russ. Petr)
• PETER (PEDRO)
• PETER, EPISTLES OF
• PETER, ST

5).7 Tertullian (de pudicitia, cap. iv.) says that clandestine marriages, not professed in the Church, were reckoned among Christians as all but fornication, and he speaks of the See also:

• CUSTOM (from O. Fr. costume, costume or coustume; Low Lat. costuma, a shortened form of consuetudo)

After describing her forlorn state Orderic continues: " Nec ipsa eo vivente, secundum legem Dei, alteri nubere legitime valebat. Tandum, permissu Paschalis Papae (II.), cui res, a curiosis enucleata, patuit, See also:

• POST

This view, which was first advanced by the jurist and theologian Johann Gropper (1502–1859) at the council of See also:

• COLOGNE (Ger. Koln, or officially, since 1900, Coln)

But, marriage not being regarded as a sacrament until consummated, it may be dissolved, if non-consummation be proved, by one or both parties taking the religious vows, or by papal dispensation. The Church claims exclusive See also:

• CONTROL (Fr. contrdle, older form contre rolle, from Med. Lat. contra-rotulus, a counter roll or copy of a document used to check the original; there is no instance in English of the use of " control " in this, its literal, meaning)

Natural inability at. the time of the marriage to procreate children is a canonical disability. So was relationship within the prohibited degrees, which has been made an absolute avoidance of marriage by the Marriage Act 1835. Civil disabilities are (I) the fact that either party is already married and has a See also:

• SPOUSE, (O. Fr. espous, mod. epoux, espouse, epouse, Lat. sponsus, sponsa, a betrothed or promised man or woman, from spondere, to promise)

1, and so left as under the Act of See also:

• EDWARD

In most cases it passed the House of Commons but was rejected in the House of Lords. The bill of 1896, however, which was judiciously drafted to avoid the compulsory celebration by clergymen of marriages against which they had conscientious scruples, was carried in the Lords. Both the prince of Wales and the duke of See also:

• YORK
• YORK (HOUSE OF)
• YORK, EDMUND OF LANGLEY, DUKE OF (1341-1402)
• YORK, EDWARD
• YORK, FREDERICK AUGUSTUS, DUKE OF (1763-1827)
• YORK, RICHARD, DUKE

The natural sequence of the passing of the act of 1906 was the reintroduction in 1907 of the bill See also:

• RELATING

Licence in lieu of banns may only be granted by the archbishop, bishop or other authority, for the solemnization of a marriage within the church of the parish in which one of the parties shall have resided for fifteen days before. Before a licence can be granted an See also:

• OATH (0. Eng. ddh)

The place of marriage in all cases must have been specified in the notice and certificate. In the second case, when it is desired to proceed by licence, notice must be given to the registrar of the district in which one of the persons resides, together with a declaration that he or she has resided for fifteen days therein, that there is no impediment, and that the necessary consents if any have been obtained. The notice is not exhibited in the registrar's office, and the certificate may be obtained at the expiration of one whole day after entry, together with the licence. No registrar's licence can be granted for a marriage in church or according to the forms of the Church of England—the ecclesiastical authorities retaining their See also:

• JURISDICTION
• JURISDICTION, CRIMINAL LAW, DIVORCE

11), passed in con-sequence of the marriages of the See also:

• DUKES
• DUKES, LEOPOLD (1810-1891)

A marriage may be solemnized on board one of His Majesty's See also:

• SHIPS

28 (1834). (2) A marriage may also " be constituted by declarations made by the man and the woman that they presently do take each other for husband and wife." These declarations " may be emitted on any day at any time and without the presence of witnesses," and either by writing or orally or by signs, and in any form which is clearly expressive of intention. Such a marriage is as effectual to all intents and purposes as a public marriage. The children of it would be legitimate; and the parties to it would have all the rights in the property of each other, given by the law of Scotland to husband and wife. (3) A promise followed by copula does not constitute marriage, unless followed either by solemnization in facie ecclesiae or See also:

• DECLARATOR

The consent of parents is not necessary to the validity of the marriage, even of minors, but marriage under the age of puberty with or without such consent is void. United States.—The absence of ecclesiastical courts has suggested difficulties as to the extent to which the law of England on this subject continued to prevail after the revolution. Bishop holds it to be the universal fact See also:

• RUNNING

But New Hampshire, See also:

• OHIO

But this position has never been endorsed by any considerable proportion of the community, and in fact probably laths and perhaps 11bths of the marriages in the United States are contracted through some ceremony. France.—Articles 144–226 of the See also:

• CODE (Lat. codex)

On the day appointed by the parties, and in the parish to which one of them belongs, the marriage is celebrated by the civil officer or registrar reading over to them the various necessary documents, with the See also:

• CHAPTER (a shortened form of chapiter, a word still used in architecture for a capital; derived from O. Fr. chapitre, Lat. capitellum, diminutive of caput, head)

AUTxoRITIEs.—Eversley, The Law of Domestic Relations (3rd ed., London, 1906) ; Lush, The Law of Husband and Wife (London, 1909) ; Crawley, The Law of Husband and Wife (London, 1892) ; Geary, Marriage and Family Relations (London, 1892) ; Griffiths, Married Women's Property Acts (London, 1891); Vaizley, Law of Settlements of Property made on Marriage (London, 1887) ; Bishop, (America) Marriage, Divorce and Separation (See also:

• CHICAGO
• CHICAGO, UNIVERSITY OF