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MARBIAGE. 93 MARRIOTT. 18C9), containing a study of the effects of close interbreeding; Darwin, The Descent of Man (London and New York, 1871) ; Dargun, Mtitter- reclit unci Kaubchc und Hire lleste im yerinu- nisehen Keeht uiul /.('(kvi ( Ureslau, 1883) ; .Sniitli, Kinship and Marriage in Early Arabia (London, 1885) ; Spencer and Gilleii, The Native Tribes of Central Australia (London, 1809) ; Crawley, The Mystie Rose: A tftudy of Primitive Marriaye (London, 1902). For the Roman law, Rossbach, lidmischc Ehe (.Stuttgart. 18.53) ; Karlowa, A'o- mischc Khc utid Muiius (Bonn. 18U8). For the old Uermau law, Sohni, Die Ehesehlicssuny (Weimar, 1875) ; Trauung und Verlobiing (Wei- mar, 1S76). Znr Trauungsfrage (Heilbronn, 1879); Friedberg, Verlotjuny und Trauung (Leipzig, 1870) ; the works on German legal history by Brunner (Leipzig, 1892) ; Schro- der (2d ed., Leipzig, 1889) ; and Heusler, Insfi- iutionen des deutschen I'rivatrechls (Leipzig, 1886). For the ecclesiastical law, Catliolic and Protestant, Freisen, Geschichte des h-ationisclien Eherechls (2d ed., Paderborn, 1892) ; Binder, Kalholischcs Eherecht (4th ed., Freiburg-ini- Breisgau, 1891); Esmein, Le mariage en droit canonique ( Paris, 1891 ) ; Sclinitzer. Katholisches Eherecht ( Freiburg-im-Breisgau. 1898); and works on Kirchcnrecht by Friedberg (4th ed., Leipzig. 1895) : Schulte (Giessen, 1886) ; and Richter ( 8th ed., Leipzig, 1886). For English ecclesiastical law. Burn. Ecclesiastical Law (9th ed.. London. 1842 | ; Phillimore. i?("c/esias/iV«7 Laio of the Church of England (2d ed., London, 1895). For modern civil marriage, Gneist. Die biirger- liehe Eheschliessung (Berlin, 1869); Glasson, Mariage civil (2d ed., Paris, 1880). Compara- tive legislation, Lehr, Le mariage dans les prin- cipaux pays (Paris, 1899). For the modern law of marriage of Great Britain and America consult the authorities re- ferred to under Domestic Relatio.x.s : Hu.sband AND Wife; Parent and Child; Dower; Curt- esy; etc. MARRIAGE A LA MODE, ii la mod. A series of si.x; paintings by Hogarth (1744) in the National Gallery, London, intended as designs for a series of engravings, as which they are niost widely known. They show the results of a fashionable marriage between the son of an cirl and the daughter of a rich London alder- man, in subjects as follow: 1. The Marriage Contract; II. After the Marriage (see illustra- tion under Hogabtii) ; III. Visit to the Quack Doctor: IV. The Countess's Dressing Room; V. The Duel and Death of the Earl; VI. Death of the Countess. MARRIED WOMAN. A woman who con- tracts a marriage thereby changes her legal status as to her personal rights, her contractual rights, her property rights, her rights before the criminal law. and in some cases her political rights. So complete is this change at the com- mon law that she has been spoken of as becom- ing a legal nonentity. Generally speaking, she is after marriage, at the common law, in a less favorable position in all these respects than be- fore, except possibly at the criminal law. where the presumption of her husband's coercion in case of criminal acts done in his presence makes her irrespnnsilile for such acts, except in case of the more serious crimes. Her personal property in possession and her chattels real, generally speak- ing, become her hu.-.bands or can be disposed of by him ; in her real property he has an estate for their joint lives, and may have an estate during his own life. (See Curtesy.) Her rights in his property during their joint lives arc prac- tically limited to her right to the necessaries of life, and the control over his real property that arises from her dower rights which enable her as a matter of law to refuse to release her dower right. (See Dower.) In fact this right is of little avail, as the husband's position generally enables him jiractically to coerce her into com- pliance with his wishes in this respect. By the fact of her marriage she loses her ca- pacity to enter into an}' contract except the re- lease of dower (which can only be done jointly with the husband) and for the necessaries of life, whether living with her husband or apart from him, except as concerns her separate estate. Her capacity cannot be increased by any act or repre- sentation of her own, nor can any implied prom- ise be raised against her, nor any liability be imposed by estoppel. Even for torts against her person she is forced to seek damages through her husband. The hardship of the.se disabilities of the common law, and of the merger of the wife's property in the husband's estate, caused the courts of equity to give certain equitable reme- dies against the husi)and in order to protect her and her children in the enjoyment of at least a portion of her property, and to neglect some of the legal formalities in giving eiTect to agree- ments to create a separate estate for the wife, and to protect her by establishing the doctrine that the use of the separate estate must be for its use or her benefit, and that its income could not be anticipated. Modern legislation has, however, largely re- moved these disabilities. There is a mass of heterogeneous legislation, so local and various in its provisions as not to admit of any except the most general classification. The first tendency of this legislation was to free the wife and lier property from the husband's control ; but there has been in the United States a subsequent tend- ency to impose upon them a joint liability for such obligations as naturally arise from the marriage relation. In most of the States the wife is practically free from common law disa- bilities. In England, the legislation on this sub- ject has, of course, had more unity than that of the various States of this country, but it is not based upon any general and definite plan. The disabilities of the wife have not been removed to such an extent as generally in the United States. The subject is practically governed in England by the JIarried Women's Property Act of 1882 (45 and 46 Vict., e. 75). as supplemented bv the law of 1886 (49 and .50 Vict., c. 52). See Ca- pacity; Curtesy: Husband . d Wife; Dower; Skp.vrate Est.te; etc. Consult the local stat- utes for special matters, and also the authorities referred to under Husband and Wife. MAR'RIOTT, John (1780-1S25). An Eng- lish poet. He was the son of Robert Marriott, rector of Cotesbach Church in Leicestershire, and was educated at Rugbv and at Christ Church. Oxford (B.A. 1802: M.A. 1806). He left Oxford in 1804 to become tutor to George llonrv. Lord Seott (d. 1808). elder brother of the fifth Duke of Buccleuch. Wliilo livint' at Dalkeith (1804- 08) he made the intimate acquaintance of Sir Walter Scott. Ordained priest in 1805, he re-