FORNSHILL v. MURRAY. 481

reputed to be in the neighbourhood in which they lived; andtthat
Mary left her husband John Lewis and migrated to America about
the year 1792, where, as they had heard, she had continually
resided until her death; and that John Lewis does now, and always
has resided in Ireland. In addition to which the deposition of an
attorney was taken, who testified, that such a marriage, as that
described by the other witnesses, was valid according to the law
of Ireland; and, that he had known such marriages to be held
valid in the courts of justice there.

12th July, 1828.—BLAND, Chancellor.—This case standing
ready for hearing, and having been submitted without argument, the
proceedings were read and considered.

Marriage has been considered among all nations as the most
important contract into which individuals can enter, as the parent
not the child of civil society, (a) It would seem, that in the dark
ages a notion prevailed of the mysterious nature of the contract of
marriage, in which its spiritual nature almost entirely obliterated its
civil character; by which notion, some were carried so far as to
say, that a marriage of an insane person could not be invalidated on
that account. In more modern times, it has been considered in
its proper light, as a civil contract, as well as a religious vow, and,
like all civil contracts, will be invalidated by want of consent of
capable persons.(b) It has been, most commonly, every where
celebrated by some religious solemnities; and, from its nature and
objects, has been held to be obligatory during the joint lives of the.
parties, without the power of being thrown off at the pleasure of
either or both of them ;(c) except perhaps in the single instance,
according to the ancient and now obsolete law, where the husband
or wife with the consent of the other, became a monk or nun pro-
fessed, whereby the contract of marriage was virtually dissolved.(d)

According to the law of England, a contract of marriage is
not deemed complete, so as to entitle the wife to dower, and the
issue to inherit, unless it be celebrated in the face of the church,
or with the blessing of a priest.(e) In Scotland no religious cere-
mony m necessary to constitute a legal marriage ;(f) and in Eng-

(a) Dalrymple v. Dalrymple, 2 Hag. Con. Rep. 54.—(6) Turner v. Meyera,

1 Hag. Con. Rep. 414; Browning v. Reane, 2 Phill. Rep. 69; Shelf. Lun. 59,446 $
Portsmouth v. Portsmouth, 1 Hag. Rep. 355.-—(e) Gordon v. Pye, Fergusson's Rep,
Append, note A.349; Weitmeath v. Westmeath, 1 Jac. Rep. 138.—(d) Co. Litt.|St.
(e) Dalrymple v. Dalrymple, 2 Hag. Con. Rep. 54.—(f) Datrympte v. Dalrymple,

2 Hag. Con. Rep. 54.

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