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In England under the statute of 32 Henry VIII, c.38, all marriages were made lawful between parties not within the Levitical degrees of relationship ; this was interpreted to mean all marriages excepting those between relatives in the direct line and in the collateral line to the third degree, according to the rules of the Civil Law, including both the whole and the half blood.In the United States, in the absence of statutes to the contrary, marriages are unlawful only in the direct ascending and descending line of consanguinity and between brothers and sisters.In most, if not all, of the States, however, there are statutes covering this subject, and in a number of them marriages between first cousins are forbidden.Marriages that are made without formalities, but by the mere consent of the parties, are known as common law marriages.

In order to constitute a valid marriage there must be a consent of the parties, and in some of the states of the Union no formality is necessary.

"Marriage", says Bishop, "as distinguished from the agreement to marry and from the act of becoming married, is the civil status of one man and one woman legally united for life, with the rights and duties which, for the establishment of families and the multiplication and education of the species, are, or from time to time may thereafter be, assigned by the law of matrimony." (I. Justice Story speaks of it as "an institution of society founded upon the consent and contract of the parties". By that act civil marriages and those of dissenters from the Church of England are legalized and regulated.

Though sometimes spoken of as a contract, marriage in the eyes of the municipal law is not a contract strictly speaking, but is a status resulting from the contract to marry. In England, the solemnization of a marriage was required to be before a clergyman until the statute passed in 1836, and all other marriages excepting those of Quakers and Jews, were null.

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