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personal' or moral stage. In the first or physical stage the relation of the sexes was unregulated, and in many cases of brief duration. In the second or legal stage greater permanence was secured in marriage by assigning the husband a See also:

PROPERTY

property right in his wife or wives. In the last stage the proprietary relation falls more and more into the background, and the relation of husband and wife approximates that of two individuals entirely equal before the. See also:

law. Although in the See also:

HISTORY

history of marriage these three stages have been roughly successive, the See also:

order of their entering the conscious experience of the individual is usually the See also:

REVERSE

reverse of their order in the development.of the See also:

RACE

race; and in the solemnization of a marriage based upon See also:

AFFECTION (Lat. ad, and facere, to do something to, sc. a person)

affection and choice the growth of the relation begins with the moral, advances to the legal and ,culminates in the physical union, each one of these deriving its meaning and its See also:

worth from the preceding. In most legal systems marriage, in the sense of a ceremony, takes the See also:

FORM (Lat. forma)

form of a See also:

contract—the mutual assent of the parties being the prominent and indispensable feature. Whether it is really a contract or not, and if so to what class of contracts it belongs, are questions which have been much discussed, but into which it is not necessary to enter. While the consent of parties is universally deemed one of the conditions of a, legal marriage, all the incidents of the relationship constituted by the act are absolutely fixed by law. The jurist has to See also:

DEAL

deal with marriage in so far as it creates the legal status of husband and wife. It should be added that, while marriage is generally spoken of by lawyers as a contract, its complete See also:

ISOLATION

isolation from all other contracts is invariably recognized. Its See also:

PECULIAR

peculiar position may be peen at once by comparing it with other contracts giving rise to continuous relationships with more or less indefinite obligations, like those of.landlord and See also:

TENANT (from Lat. tenere, to hold)

tenant, See also:

MASTER (Lat. magister, related to tnagis, more, as the corresponding minister is to minus, less; the English form is due partly to the O. Eng. maegister, and partly to O. Fr. maistre, mod. maitre; cf. Du. meester, Ger. Meister, Ital. maestro)

master and servant, &c.

In these the parties may in See also:

general make their rights and duties what they please, the law only intervening when they are silent, to marriage every resulting right and See also:

DUTY (from " due," that which is owing, O. Fr. deu, dil, past participle of devoir; Lat. debere, debitum; cf. " debt ")

duty is fixed by the law. Besides true marriage, inferior forms of union have from See also:

time to time been recognized, and may be briefly noticed here. These have all but disappeared from See also:

MODERN

modern society, depending as they do on matrimonial restrictions now obsolete. The institution of See also:

SLAVERY

slavery is a fruitful source of this See also:

KIND (O. E. ge-cynde, from the same root as is seen in " kin," supra)

kind of de-based matrimony. In See also:

ROMAN

Roman law no slave could contract marriage whether with another slave or a See also:

FREE

free See also:

PERSON, OFFENCES AGAINST THE

person. The union of male and See also:

FEMALE

female slaves (contubernium) was recognized for various purposes; a free woman entering into a union with a slave incurred under the S.C. Claudianum the See also:

FORFEITURE (from " forfeit," originally an offence, and hence a fine exacted as a penalty for such; derived through the O. Fr. forfeit, from the late Lat. foris factum, a trespass, that which is done foris, outside)

forfeiture of her own See also:

LIBERTY (Lat. libertas, from liber, free)

liberty; but the See also:

bond-woman might be the concubine of a See also:

freeman. In the See also:

UNITED

United States, where slavery was said to be regulated by the principle of the See also:

CIVIL

civil law, the marriage of slaves was so far recognized that on emancipation complete matrimony took effect and the See also:

CHILDREN, LAW RELATING TO

children became legitimate without any new ceremony. In Roman law no legal marriage could be contracted unless there was connubium between the parties. Originally there was no connubium between See also:

PLEBS (from the root seen in Lat. plenus, full; cf. Gr. 7rXit9os)

plebs and See also:

PATRICIANS (Lat. patricius, an adjectival form from pater, father; not, as some say, from pater and ciere, to call)

patricians, and the See also:

PRIVILEGE

privilege was conceded after a See also:

long struggle by the Lex Canuleia. In later times See also:

LATINI, BRUNETTO (c. 1210-C. 1294)

Latini and Peregrini were excluded from connubium except where the right had been expressly conferred. The See also:

GREAT

great matrimonial law of the See also:

early See also:

EMPIRE

empire (Lex Julia et Papia Poppaea) introduced restrictions depending on the See also:

CONDITION (Lat. condicio, from condicere, to agree upon, arrange; not connected with conditio, from condere, conditum, to put together)

condition of the parties which later legislation extended and perpetuated.

Senators under that law were forbidden to marry freedwomen or See also:

WOMEN

women of inferior See also:

RANK (O.Fr. rant or rent, mod. rang, generally connected with the O.E. and O.H.G. bring, a ring)

rank, and the husband of a freedwoman becoming a senator was set free from his marriage. In the See also:

CANON

canon law' new restrictions were See also:

DEVELOPED

developed. Persons who See also:

BOUND, or BOUNDARY (from O. Fr. bonde, Med. Lat. bodena or butina, a frontier line)

bound themselves not to marry were deemed incapable of marrying. The order of the See also:

clergy were forbidden to marry. And disparity of faith was recognized by the early See also:

church as a See also:

bar to matrimony, e.g. between Christians and pagans and between orthodox and heretics (see See also:

DICTIONARY

Dictionary of See also:

Christian Antiquities, See also:

art. " Marriage ").

End of Article: MARRIAGE

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