In England. as elsewhere. the Reformation brought about a considerable reduction in the prohibitions of marriage based on relationship. Statutes of Tlenry VIII., repealed in part by a statute of Edward VI. and wholly repealed by a statute of Philip and Mary, were partially re vived in the first year of Elizabeth's reign; and the provision that survived simply stated that "no prohibition. God's law except, shall trouble o• impeach any marriage outside the Levitical degrees." This was interpreted by the ecelesias tieal courts to mean that consanguinity and affitiity were impediments to marriage as far as the third degree of civil computation. Under this rule a man might not marry his aunt or his niece of the daughter of hi. deceased sister. but might marry his first cousin. Bela tionship by the half blood was pill on the same footing as that by the full blood, and illegitimate consanguinity %vas treated as equivalent to legiti mate blood-relationship. t M the other hand, the illegitimate or natural affinity of the law, was affirmed in 28 Henry VIII., e.7, is held to have disappeared from English law with the repeal of that statute. The (quirts regarded mar riages within the forbidden degree as voidable rat her than void, but such marriage. were de clared void by Act of 5 and 6 William IV.
Is3m I. Repeated efforts to legalize marriage with the deceased wife's sister have thus far failed in Et-land, although in all the British colonies the prohibitions based on collateral affin ity have been removed.
As to proof of marriage. the common law ad mits any evidence of mat rimonbil consent. Where a formal marriage, religious or civil, has taken place, it is presumed, until the contrary is shown, that the parties were able to marry, that their consent was complete and free, and that all necessary forms were observed. If no formal marriage has taken place. or none is proved, the fact that the parties have lived together as hus band and wife, have acknowledged themselves, or have been generally reputed., to lie husband and wife. raises a presumption of marriage. 'FM,: presumption. however, is invalidated if it can be shown that the relation was illicit in its origin.
It is a peculiar feature of the English common law that it gives an action for damages for breach of contact to marry. See Bar.Aru.
Font:nix Almuum:Es. The quest ion whetin•r and Under What conditions a court of law will n-cog nize as Marriage a anion established in another juri-diction is a question of conflict of laws (q.v.). The general rule. all over the civilized world, is that if the forms required where the marriage was have been observed, the marriage will be rer•ognized as formally perfect everywhere. The capacity of parties to marry is m.steraHned, according to the prevailing Knro pean theory. by the law of their domicile. and
the Emodish courts now follow' this rule. In some of the European States. however, capacity to is determined by the law of the vomit ry of w 'dell the person is a citizen of soldeet, whether hi' or she he domiciled there or elsewhere. In the Cniti.d States the et nrts follow the older English decisions. aceording to w loch t he capacity of the parties to marry. as well as the sufficiency III, form., iilNeyyed, is dcuerndn•d by the law of the state in which the marriage takes place: so that citizens of any Slate can oerapt' the re strictions imposed by their own Stale by simply crossing the State line.
'ruin' Ill 1.I's IN TIIE STATES, Lord IhirdWiekc's act did not apply to the emmlo nies, and never became a part of the common law of the United States. In nearly all of this railed States, howcrers have liven enacted pro viding for a ceremonial marriage. and in most eases requiring also a license to marry granted by the properly ronstituted officer. usually the clerk of the municipality where the marriage is or the officer having supervision over vital statistics.
The marriage ceremony is usually required to he performed in the presence of two or more witnesses, by It pried or clergyman of some church, or by certain enumerated civil officers, such as judges of courts of record, justices of the peace, police justices, mayors, aldermen of cities, and county clerks. Various penalties are imposed for failure to comply with of the statute, and in some States intentional vio lation of the law is made a criminal offense. In most States, in the absence of a positive provision of the statute that marriages not complying with the requirements of the statute shall be VOW, the statute is deemed to be directory only, and not in any manner to affect the validity of the so called common-law marriage. 'this is substan tially the law in all of the States, except Cali fornia. Kentucky, Missouri, Maryland, Alassa chusetts. North Carolina, Vermont, Washington, and West Virginia, in all of which it is held that the eommon-law marriage has been abolished by statute. But ill Sallae of them• States. notably Massachusetts. Washington. and West Virginia, there are validating statutes providing that mere irregularities when an attempt is made in good faith to comply with the statute shall not affect the validity of the marriage.
A statute of NeW York, passed in 19111, where common-law as well as statutory ceremonial mar riage had each been held to be valid, requires a non-ceremonial marriage to be evidenced by a written agreement to he entered into by the parties to the marriage in the preserve of two witnesses and acknowledged in the same manner as conveyances of real estate. it is probable that this statute does away with common-law marriage in New York.