638 



L AW. 



1 9- If any of the persons whose consent is necessary 

 ofKnyUnd. jj e non com;j<w mentis, beyond sea, or refuse to consent, 



and the lord chancellor shall declare it to be a proper 



Lord < h;m- . . . .., 



ceilormay rnarnage, it shall be as effectual as if such person had 

 supply con- consented. 



sent of pa- 20. The parties contracting in marriage must be both 

 rents, ic, willing and able to contract themselves, and of sound 

 indercer- memory. 



cumst'ance? ^'" Conditions against marrying generally, are void 

 Consent of ' n ' aw ' ^ bonil f r the procurement of a marriage, al- 

 partics. though a good bond in law, is bad in equity. 

 Incident! 22< ^ ' s a peculiar incident of marriages, that they 

 relating to are governed by the laws of the country in which they 

 law of mar- are celebrated. 



riage. 23. During the civil war, marriages were frequently 



performed by justices of the peace ; and such marriages 

 were declared valid by 12 Car. II. c. 23. 



24. A natural child, during his minority, cannot le- 

 gally marry without the consent of a guardian named 

 by the court of chancery. 



Incidents 25. When the marriage is consummated, the law de- 

 consequent nominates the parties baron and feme ; the consequences 

 to consum- are shortly as follows : 



26. A man may covenant with other persons to stand 

 seised to her use, or make other conveyances to her use, 

 but cannot covenant with his wife, to stand seised to her 

 use. 



27. If the feme obligee take the obligor to hue. 

 band, this is a release in law. If a man promises be- 

 fore his marriage to leave his wife worth a certain sum 

 of money, in case of her surviving him, it is good. 



28. In trials of any sort, husband and wife are not 

 allowed to be evidence for or against each other. 



29. A husband and wife may have sureties of the 

 peace against each other. 



30. The freehold, or right of possession of all her 

 lands of inheritance, vests in the husband immediately 

 upon the marriage, the right of property still being 

 preserved to her. 



31. As chattels vest wholly in the husband, equity 

 in most casw will take care of the wife's interest when 

 called upon, and see her properly provided for. 



32. If A feme sole takes a husband, her debt becomes 

 that of the husband and wife ; but the husband is not 

 liable after the death of the wife, unless there be a 

 judgment against both during coverture. 



33. Where a man marries a widow, executrix to her 

 late husband, her evidence shall not be allowed to 

 charge her second husband with more than she can 

 prove to have actually come to her hands. But if a 

 man marries an administratrix to a former husband, 

 who in her widowhood wasted the assets of the in- 

 testate, the husband is liable to the debts of the intes- 

 tate during the life of the wife; and this shall be 

 deemed a devastavit in him. 



34. A wife cannot convey either goods, lands, or any 

 thing whatsoever, without the consent of her husband. 



35. The husband must maintain his wife with ne- 

 eessaries according to his degree and estate, but if she 

 contract above his degree or quality, he does not be- 

 come chargeable. 



3b. When a woman leaves her husband by her own 

 frer. will, and the separation has become notorious, who- 

 ever gives her credit does it at his peril, for the hus- 

 band is not answerable unless he takes her again : or 

 it there is a separation by consent, and the wife has a 

 separate allowance, those who trust her do it upon 

 her own credit. 



37. The wife of a man who is civililer mgrtutts, or of 



one transported for felony, may sue and be sued as a Law 

 feme sole. of Knglar, 



38. In some cases, thecommand of the husband, * ~Y~*" 

 either express or implied, will privilege wife from 

 punishment for the crimes she may commit, if commit- 

 ted in his presence, unless they be mala in se, as for 

 murder and the like. 



39. A man must answer for the trespasses of his 

 wife : if a. feme covert slander any person, the husband 

 and the wife must be sued for it, and execution is to 

 be awarded against him. 



40. Where a wife joins in a jine or recovery, she is 

 bound. By the custom of some cities and boroughs, a 

 bargain of sale by the husband and wife, where the 

 wife is examined by the mayor or other officer, binds 

 the wife after the husband's death. So in some places, 

 a surrender of a copyhold by husband and wife, the 

 wife being examined by the steward, binds the wife. 



41. If a feme covert levies a fine of her own inlu ri. 

 tance without her husband, it shall bind her and her , 

 heirs, because they are estopped to claim any thin^ in, 



the land, and cannot be admitted to say she was covert 

 against the record ; but the husband may enter and 

 defeat it, either during the coverture, to restore him 

 to the freehold held jure uxoris, or after her death, 

 to restore him to his tenancy. 



42. In the civil law, the husband and wife are con- 

 sidered as two distinct persons, and may have separate 

 estates, contracts, debts, and injuries ; and therefore, in 

 our ecclesiastical courts, a woman may sue and be sued 

 without her husband. 



43. If baron and feme are divorced causa adulterii, Divorce * 

 which is a divorce a mensa et thoro, they continue baron measa et 



and feme : it is otherwise in a divorce a vinculo ma- tltor . a d 

 , .. i i i* i . . a i-inciilo 



tnmonti, which dissolves the marriage. matrimoni i 



44. If a man is bound to a feme sole, and after mar- 

 ries her, and they are divorced a vinculo malrimonii, 

 the obligation is revived. 



45. The most usual and direct injuries to a husband Injuries 

 are, 1. Abduction, or taking away his wife. 2. Crimi- proper to I 

 nal conversation with her. And, 3. Beating her to marriage. 

 each of which is assigned its proper technical form of 



legal redress. 



46. Children are, 1. Legitimate, or those who are Parent anc 

 born in lawful wedlock, or within a competent time child, 

 after. 2. Bastards, are those born out of lawful wedlock; 



and also children born above nine months after the Children 

 husband has had no access to his wife. In a divorce a either legi- 

 mensa et thora, if the wife breeds children they are timate, 

 Dastards, unless access be proved : hi a voluntary sepa- 

 ration, the law will suppose access, unless the contrary or bastards 

 be shewn. If there be an apparent impossibility of 

 procreation on the part of the husband, the issue of the 

 wife shall be bastards. 



47. In the case of a divorce in the spiritual court a vin* 

 culo matrimonii, all the issue born during coverture are 

 bastards. 



48. The duties of parents enforced by law to legiti- Duties of 

 mate children are, 1. Maintenance, where they are un- parents t 

 able to work through infancy, disease, or accident. ''S' 1 



2. Protection. 3. Education. 



49. The power of parents over children, is correc- Power of 

 tion and consent to marry when under age. The du- parents, 

 ties of legitimate children to parents are obedience, And duties 

 protection, and maintenance. 



50. The rights of a bastard are such only as he can ^ e chu - 

 acquire; for he is incapable of inheriting anything, h " 

 the law considering him as the son of nobody ; though na f ural 

 he may gain a surname by repute, and a putative chi idreR 



