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:lrqui&enct gim ' f~rce 10 the Olarriace. Marri~gc is
rul/y perfe/led by confenl; which, willlOUt confu,"m~·
tion, founds all Ihe conjugal right! and dUlics, The
confenl requifiu: to mmiage mul! be d. p,"'f:nli. A
promife of mmiage, (jlipl/laliJ fl'onfalilia,) m:\y be
re!iled from, as long as mamrs are eOlire ; bUI ir any
thing be oneofthe partie!, wherebya prcjudice
arifes from the non·performance, the pmy rdiling is li–
abl~ in damages to the olher. The canoaitls, ~nd after
Ihem our courts of jutlice, explain a copufa fubfequent
lO a promife of marriag: ioto altual marriage.
3. !t is noi nmlfary, thal mmiage Ibould be cele·
brated by a c1ergymen. The conf. nl of parties may be
declmJ before any or fimply before wil'
nelTes : And Ihough no formal conJent Ibould 'ppear,
marri:\ge is prefumed fr~m the cohabitation, or living
tog,ther al bed and board, of aman and woman who are
g:nerally repuled hutband and wire. One's ,cknowledg·
ment of his marriage to the midlVife whom he called to
bis wife, and to the miniaer who baplized his child, lOas
found fuflicienl prefumptive evidence of marriage, with.
óut the aid, eithcr of cohabitation, or of habit( and "
putt. The father's coofent was, by the Roman I.w,
dfeotial to the marriage of childreo in {amilia: But, by
our lalV, children may enter ioto marriage, without the
)¡oowledge; aod even agaiof! the remonaranees of .a [¡.
ther.
4. Marriage is forbiddeo within muin degrees of
blood. By the law of Mofes, L",il. (. 18. which is
made ours, fecoods io blood, aod all remoter degrees,
may la'»fully marry. By feroods in blood. are meant
lidl coufios. Marriage in the direlt lioe is forbiddeo in
infinitul.; as it is alfo in tbe collateralline, io the fpe.
tial cafe where one of the panies is fm .bannfit to the
other, as grand.uncle, great grand.uocle, Oc. wilh re·
[peft to his grand.niece, 6c. The fame degrees that are
probibited io confanguioity, are prohibited io aflinity;
which is the tie rifing from.maniage, betwixt one of the
married pair and the blood relatioos of tbe other.
Marriage alfo, where either of the partíes i! oaturally
~n61 for genmtion, or Oaods already married to athird
perfon, is ipft jure oull.
5. Tó prevent bigamy and inceauous marriages, the
chureh has iOlroduced proclamation of banns; which i,
the cmmooy of publilbing the n,mes and de~gnalioo! of
thofe\\'~o intend tO intermarry, in the churches whm the
b,ide and bridegroom" fide, after Ihecongregatiori is af·
fembled for divine fervice; that all pe,fons II"ho know
3ny obje/lion to the marriage, may offer it. When the
order of the chnreh is obfmed, the marriage is called
regular; whenotherwife , c1andeOine.
6. By m~rliage, a foeiety is crmed belween the mar·
ried pair, whichd'ra·., afler it a mutual eommuniealionof
their civil interell!, in as fa, as is necelT.,y for maintain·
ing il. As the 10Licty lans only fo. the joint lives of
ti" /,cii; therd',re rights Il)&! have the nature of a pero
petuity, which Ollr lAIV ayles hrtitable, are nol b,ought
under the partocrlbip or eommnnionof good!; 3S ahnd·
~am, or bond! hMing ~ yearly interen: It is only mo·
veable fllbj téls, or Ihe fruits produced by hCTitahle fuh·
VOL.I!. lurr.h.61' 2 '
w.
je,qs during the marriage,
and wife.
893
that become cammon to mao.
7. The hutband, as the heaJ of the IVif~, has the f01c
right of man:iging the goods in comOlunion, which is
called JUI mariti. T his right is ro al.folute, that it
. hem but I,tde refemblance to a right of adminin,ing a
common fubj eft; for the hutband " n. in vinue thereof,
fell, or even gift at plearure, the IVhole goods fallillg nn·
der communion ;. and his croditors may ~fFdl Ihem fo r
the payment ofhis proper debts: So that thejul mari·
ti carries all the charallcrs of ao allignHion by the wife
to Ihe of her moveable etlate. It arifes iplo
¡Uf( from the marriage; and therefore needs no other
conllitution. But a llranger may convey an etlm to a
wife, fo Iball nOI' he fubjell 10 the hutband's adOli·
nillration; or the hulband hinlfdf may. in the marriage.
contrall, renounce his jUI morifi in all or any pan oC
his wife's moveable ellate.
8. From this ,ight are excepted par.phernal goods,
whieh. as theword is underfiooelin ou, laIV, comprehend!
the wife's wearing apparel, and th~ oroaments proper t'o
her perron, as neeklaces, ear·rings, brean o, arm jewe" ,
buckles, &c. Thefe are neither alienable by the huf.
band, oor affellable by his creditors. Things of pro.
mifcuous ufe to hlltbaod and IVife, as plate, medals, &e.
may become paraphernal, by titehutb.lnd's giving them tO
the \Vife, ator before marriage ; but they are parophernal
ooly in regard lO thal hlltb,nd ",ho themas fuch,
and are eaeenied common moveables, if the wife, whofe
PQr4p~unalia they IVere, be afterwa,ds mmied to a fe·
cond hutbaod; unlefs he {hall io the farnemanoer appro·
priate them to her.
9. The right of the hutbaod to the wifes moveable e·
Oate, is burdened with themoveabledebts contralled by
her before mmiage: Aod as bis right is yniverf,1, fo is
his burden; for it reaehes to her whole moveable debts,
.though t1tey tbould far exeeed 1m moveable eaate, Yet
the hutband is not confidered as Ihe true debtor in his
wife', debts. ID all a/lions for paymeot. Ibe is the pro·
per defeoder : the hutband is ooly eited for his interert,
that is, as curator toher, and adminitlrator of the fociety.
goods. As loon tberefore as the marriage js dilTolved,
aod the fociety.goods thmby fufFer a divifion, the huf·
band is no fmhcr concerned in the Ibm belonging tohis
dewifcd wife; and confequently is no longer liable tO
p~y her debts, whiejl mun be rec;overcd from her ,epre·
fentati"s, or her feparate tlate.
10. This ohlig,tion upon the hlltb,nd is perpetuated
agaio!! him l. Where his properetlate, real or ptrfonal,
has heen affclted, dllring themarri'gc, by complete Icgdl
diligeoee; in \Vhich eafe, the hlllb,IOd mut!, ~)' I hc cOOl'
mon rules of la\V, relieve his property fro," Iho bu rden
wilh whieh il !lanus c1m~~d: B'Jt the uIOIoa diligenee
againa his perfon, is nOI futli·;ier.t to perpelu.lte Ihe o·
bligalion : ooreven iocomplelediligen,e ,!,.Iint! hi, &lIe.
2. The hutbAnd coolinue, liablc. c"n .fla Ihe \Vlfe's
death, in fo far as be is I//crlllul 01' prufitcd by her e·
l!ate. As he was at no tiOle Ihc prop,r d,hlor ill his
wift's moveable dehts; therefo,,·. ""Hlth I:e. IhouI.lbe
lucralul, he is, after the dilfollltion, onl) IIJul. fOI"
9 <L t tima