other degrees of kindred. Parental solicitude for the welfare of children, and the constant exercise of paternal advice and restraint, has greater influence in protecting the morals and securing the happiness of society, than all civil authority.

2. Marriage, in England and in the American States, is declared to be a civil contract. The law treats it as it treats all other civil contracts, allowing it to be good and valid in all cases where the parties, at the time of making it, were competent, willing, and actually made such contract. The impediments to marriage by the Roman civil law were: Non-consent of parents; want of age; want of citizenship; natural defects of mind or body; consanguinity; affinity. The general rule for prohibition on account of consanguinity and affinity was: "All such as are real parents and children to each other, or in the place of parents and children, are forbidden to marry together." In the right line of parents and children, marriage was prohibited ad infinitum, whether the relation of parent and child was derived from nature, or introduced by adoption. Marriage in the right line was forbidden. on account of affinity, no less than consanguinity. This provision extended equally to freemen and to slaves. The statutes of New York declare that all marriages between parents and children, including grand-parents and grand-children of every degree, ascending and descending, and between brothers and sisters of the halfblood, as well as of the whole blood, are incestuous, and absolutely void. These are the only prohibitions on account of consanguinity and affinity. The Code Napoleon has adopted precisely the same extent of prohibition, as

effect of parental solicitude for the welfare of children, and the constant exercise of paternal advice and restraint?

2. Where is marriage declared to be a civil contract only? How does the law treat it? When is it valid? What were the impediments to marriage by the Roman civil law? What was the general rule for prohibition on account of consanguinity and affinity? To what extent prohibited in the right line? What do the statutes of the State of New York declare as to the prohibition of marriage on account of consanguin

forming the impassable line between lawful and incestuous marriages. In the twenty-second century of the history of the world, marriage between brothers and sisters of the half-blood was not prohibited. Abraham, the patriarch and founder of the Jewish nation, married his sister of the half-blood, as appears from the twelfth verse of the twentieth chapter of Genesis. When the Levitical law was given, these marriages were prohibited.

3. In most of the United States, marriage between uncles and nieces, and aunts and nephews, is prohibited. This is in accordance with the Levitical law. It is not prohibited in all the States, as we have seen. From the time of the Emperor Claudius to that of Constantine, the marriage of a brother's daughter was allowed. In Massachusetts, Ohio, and several other States, marriage be tween nearer of kin than first cousins is prohibited.

4. Persons of unsound mind are incompetent to make a marriage contract. To constitute a valid marriage, according to the laws of England, it is necessary-1. That the parties be not within the prohibited degrees of consanguinity or affinity; 2. That the male be of the age of fourteen, and the female of the age of twelve, with the consent of parents or guardians; 3. Of the age of twentyone years, without the consent of parents or guardians; 4. That the parties be of sound mind; 5. That the parties be single; 6. That they consent to the marriage; 7. That the marriage be celebrated in pursuance of the publication of bans or license; 8. That the marriage be celebrated by one authorized to celebrate the same. Marriages

ity? What marriages are forbidden on account of consanguinity by the Code Napoleon? What relative did Abraham marry? By what law of the Jews was such marriages prohibited?

3. What marriages are prohibited by the Levitical law? What is the rule in most of the States of the Union? Are marriages of uncles and nieces prohibited in all the States? For what time were such marriages allowed by the Roman government? What is the rule of marriage as to consanguinity in Massachusetts ?

4. What is the rule as to persons of unsound mind? To constitute a valid marriage according to the laws of England, what is necessary? Within what degree of consanguinity is marriage prohibited in Eng

within the fourth degree of kindred are prohibited in England. In calculating degrees of kindred, they begin at the degree in which one stands from the common ancestor of both, and count back to the common ancestor, reckoning one for each degree. They then descend on the other line, counting one for each degree, until they arrive at the degree of the second party. Brothers and sisters stand in the second degree of kindred. Uncles and nicces, and aunts and nephews, stand in the third degree. Cousins stand in the fourth degree of kindred, and are allowed to marry in England.

5. No marriage is valid without the free and voluntary consent of the parties. A marriage procured by force or fraud is void. It is proper, in case such marriage occurs, that it should be declared null and void by a court having competent jurisdiction; as also in the case of the marriage of persons of unsound mind. By the common law of England, males of fourteen years of age, and females of twelve years of age, were capable of entering into a valid marriage contract, with the consent of parents or guardians. Marriage before that age is voidable, at the election of either party, on arriving at the age of consent. In Massachusetts, males under twenty-one years of age, and females under eighteen years of age, are not allowed to marry without the consent of their parents or guardians. Consent of parents or guardians was required at all ages by the Roman civil law, unless the children had been emancipated, or were out of the parent's power; and if such consent from the father were wanting, the marriage was void.

land? How are degrees of kindred calculated? In what degree do brothers and sisters stand? In what degree do aunts and nephews stand? In what degree do cousins stand?

5. What is the effect, if the marriage be procured by force or fraud? What is proper in such case? What is the legal age of consent by the common law of England? Is a marriage before that age binding? What is the rule as to the age of consent in Massachusetts? What was the rule as to the consent of parents or guardians by the Roman civil law?

6. All the States have prohibited second marriages during the lifetime of the former husband or wife, unless the marriage of such former husband or wife shall have been annulled or dissolved for some cause other than the wrong act of the party wishing to marry, or unless such former husband or wife shall have been sentenced to imprisonment for life. The second marriage is void, and in most cases punished by imprisonment in the state-prison. In New York, if the husband or wife absent himself or herself for the space of five successive years, without being known to the other to be living during that time, and the other shall marry, the marriage will be void only from the time its nullity shall be pronounced by the court, and there is no penalty for such marriage. Polygamy was formerly allowed among the Jews, and is now allowed among the Mohammedans and Mormons.

7. The mode of celebrating a marriage differs very materially in the different States. In some of the States, it is required that all persons intending to be joined in marriage shall cause a notice of their intentions to be entered in the clerk's office of the town where each may respectively dwell, at least fourteen days before their marriage. The clerk is required to publish such notice, either by posting in some public place in the town, fourteen days at least before the marriage or by making a public proclamation thereof at three public religious meetings in the town, not less than three days distance. from each other. A certificate of publication is to be delivered by the clerk to the parties, which is to be delivered to the minister or magistrate, in whose presence.

6. What is the law in the several States as to second marriages? What is the penalty for bigamy or polygamy? At what time after the disappearance of husband or wife, without being known to be living, may the other marry without incurring the penalty? Where was polygamy formerly allowed? Where is it now allowed?

7. Is there a uniform mode of celebrating marriage in the several States? What notice are persons intending to be joined in marriage required to have entered with the town clerk? What notice does the clerk give? What is to be delivered by the clerk to the parties? To

the marriage is to be celebrated, before he proceeds to solemnize the same. After the notice of intentions of marriage is entered with the clerk, if any person shall forbid the bans, and shall assign his reasons therefor in writing, and leave the same with the clerk, the clerk shall withhold the certificate, and submit the objections to the justices of the peace. The justices give notice to the persons who propose to be married, and, after a full hearing, the justices decide upon the objections, and certify their decision to the clerk. If the objections are sufficient, the clerk withholds the certificate of publication of bans. But if the objections are unproved or insufficient, the clerk issues his certificate. If the decision is against the parties, they may appeal to the Court of Common Pleas, or to the Supreme Court, and their decision is final. A marriage may be solemnized by any magistrate within his jurisdiction, or minister of the gospel within his State. Heavy penalties are imposed for solemnizing any marriage without the certificate of the clerk, or for any person not authorized to solemnize a marriage. In many of the States, no publication of the bans is required.

8. In a criminal action for bigamy, actual proof of marriage is required; but in other cases, proof of marriage by the declaration of the parties, or continued cohabitation, or general reputation, is sufficient.

whom are the parties to deliver the certificate? If any person shall forbid the bans, and file his objections with the clerk, what action will the clerk take? What action do the justices then take? To whom do they return their decision? If the justices certify that, the objections are valid and sufficient, what action does the clerk take? If they certify that they are invalid or unproved, what action does he take? If the decision be against the parties, to what court may they appeal? By whom may marriages be solemnized? For what are heavy penalties imposed in some of the States? Is publication of bans required in all the States? 8. In a criminal action for bigamy, what proof of marriage is required? In other cases, what proof will be sufficient?