Note 3 — FOOTNOTES.

This is a mistake in point of law. The principle of legitimation by subsequent marriage, was first explicitly announced in an imperial constitution of Constantine, and being wisely recognized by the church, it was adopted by the canonists, through whom it passed into our law. The attempt to introduce it into England failed, in consequence of the attachment of the people to their ancient Saxon constitutions; and hence, although it was recognized in the statutes of Merton, it was subsequently discarded, and never afterwards found admission into the municipal system of the neighboring kingdom. There can be no doubt whatever that the principle is one which reason, morality and religion must equally approve.