foundation upon which almost the entire structure of our American
system of jurisprudence is based, although it is claimed that it has
only been recognized by our courts so far as it has been "applicable to
the habits and conditions of our society and in harmony with the genius,
spirit and objects of our institutions." As it became apparent from time
to time that it was not thus applicable, or where it failed to meet the
requirements of the changed conditions of society the strictness of its
rules was relaxed by giving to them a broader construction, or, when
this could not be done, they were modified or entirely changed by
statute.

[Sidenote: Marriage]

Marriage was regarded by the common law as a civil contract and might be
entered into legally by a boy of fourteen or a girl of twelve years of
age, provided they were under no legal disability to contract marriage.
This was called the age of consent, or discretion, and a marriage
contracted prior to this time was inchoate only, and might be repudiated
by either party upon arriving at the legal age. If one of the parties
was above and the other under the required age, the marriage might still
be disaffirmed by either. If after reaching the age of consent the
parties continued to live together as husband and wife, this would be
regarded as an affirmance of the marriage.

[Sidenote: What constitutes.]

The mutual consent of the parties themselves, followed by cohabitation,
was sufficient to constitute a legal marriage, without the observance of
any formalities. The formal ceremonies provided by statute for the
celebration of marriages, and the penalties imposed upon clergymen and