[1277] Furnivall, op. cit., 25, 28.
[1278] In the light of these facts, some of the discussions of child-marriages in India, often intolerant or condescending, have a very curious interest; compare the sensible and instructive paper of Rees, "Meddling with Hindu Marriages," Nineteenth Century, Oct., 1890, 660-76.
[1279] Furnivall, op. cit., "Forewords," xv, xvi.
According to Swinburne, Of Spousals, 18 ff., both by civil and canon law, children are infants until they have completed the seventh year; and "Spousals contracted during Infancy are utterly void, whether the Infants themselves, or their Parents for them, do make the Contract." After the close of that period such void contracts may be ratified by express words or by deeds. On the other hand, spousals contracted between infancy and the "ripe" years of twelve or fourteen are voidable by either spouse when that age is reached. To express dissent divorce proceedings are not necessary, although a divorce may be desirable to prevent future question. Either party may cancel the contract by simply marrying another person; just as a child-marriage may be ratified by words of consent or by simply living together as husband and wife: compare Furnivall, op. cit., xix-xxv; and The Lawes Resolutions of Womens Rights, 7, 52, 57.
[1280] Friedberg, Eheschliessung, 324; Weber, Geschichte d. akathol. Kirchen und Secten von Grossbrittanien (Leipzig, 1845), I, 1, 106 ff.; Richter, Geschichte der deutschen Kirchenverfass. (Leipzig, 1851), 175 ff.
[1281] Cf. Friedberg, Geschichte der Civilehe, 12; idem, Eheschliessung, 322-25; Ranke, Hist. Eng. in 17th Century, III, 89; Blackstone, Commentaries, I, 440.
[1282] By this act the civil-marriage form was permitted, but not made obligatory. Members of the established church might solemnize their marriages before their own clergy; but the Lutherans and Catholics were not allowed a similar liberty; they must put up with the lay ceremony or accept the offices of a Reformed minister. This law remained in force until 1795, when, under the Batavian Republic, obligatory civil marriage was instituted, which is still in force in the kingdom of Holland by the statutes of 1833: see Friedberg, Geschichte der Civilehe, 10-12; and his more elaborate treatment of civil marriage in Holland, Eheschliessung, 478-99.
[1283] Sir William Brereton, who visited the Netherlands in 1634-35, gives an interesting notice of the religious wedding service. "Marriage," he notes, "likewise solemnized by the English and Dutch reformed churches, without the use of the ring or any ceremony, only an admonition precedes, directing how these married persons should demean themselves each to other, and for that end those Scriptures read hereunto most pertinent; as also a large discourse precedes, touching the institution of this sacred ordinance, and those texts hereunto pertinent also read." He mentions the marriage of a couple "who used the ring, and it was as long in solemnizing as our marriages, but I saw no other ceremony used but the ring and joining hands; after this concluded, all the bride's kindred, friends and acquaintances that are present, or meet with her, kiss her, even in the Church, when groom leaves her, and her own friends bring her near his house, when he meets, salutes her, and receives her. Among the Lutherans I observed that they bowed always at the name of Jesus, so often as it was used in the solemnity of their marriage, which was very often."—"Travels in Holland, etc., 1634-5," Chetham Society Publications, I, 63, 64. It is noticeable that Sir William says nothing of the civil-marriage ceremony, permitted in some provinces at this time. Between 1580 and 1656, in many cities, the Lutherans had gained the right to solemnize marriage according to their own rites: Friedberg, Eheschliessung, 484.
[1284] See Campbell, The Puritan in Holland, England, and America, I, 485 ff.
[1285] Admonition, the Ninth: Whitgift, "Defence of the Answer," Works, III, 335.