Note 1279 — Chapter IX · THE PROTESTANT CONCEPTION OF MARRIAGE

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.