No marital relations were entered upon, and the wife afterwards sues for a divorce (234. 15, 16). The practice seems to have been for each of the children married to go to live with some relative, and if the marriage were not ratified by them after reaching years of consent, to petition for a divorce. In some nine cases the boy is younger than the girl, and Humfrey Winstanley was under twelve when he was married to Alice Worsley aged over seventeen; in this case no marital relations were entered upon, though the wife was quite willing; and the husband afterwards petitions for a divorce (234.2-4). Thomas Dampart, who at the age of ten years, was married to Elizabeth Page, appears to have lived with his wife about eight years and to have kept up marital relations with her until she left him of her own motion. Dr. Furnivall (234. 49-52) cites four cases of ratification of child-marriages by the parties after they have attained years of discretion, in one of which the boy and the girl were each but ten years old when married. The most naive account in the whole book is that of the divorce-petition of James Ballard, who, when about eleven years of age, was married in the parish church of Colne at ten o'clock at night by Sir Roger Blakey, the curate, to a girl named Anne; the morning after the ceremony he is said "to have declared unto his uncle that the said Anne had enticed him with two Apples, to go with her to Colne, and marry her." No marital relations were entered upon, and the curate was punished for his hasty and injudicious action (234. 45). Dr. Furnivall (234. xxxv.) quotes at some length the legal opinion--the law on infant marriages--of Judge Swinburne (died, 1624), from which we learn that "infants" (i.e. children under seven years of age) could not contract spousals or matrimony, and such contracts made by the infants or by their parents were void, unless subsequently ratified by the contracting parties by word or deed,--at twelve the girls ceased to be children, and at fourteen the boys, and were then fully marriageable, as they are to-day in many parts of the world. Of childhood, Judge Swinburne says, "During this age, children cannot contract Matrimony _de praesenti_., but only _de futuro_"; but their spousals could readily be turned into actual marriages after the girls were twelve and the boys fourteen, as Dr. Furnivall points out. The fifth limitation to his general statement, which the learned judge made, is thus strangely and quaintly expressed: "The fifth Limitation is, when the Infants which do contract Spousals are of that _Wit and Discretion_, that albeit they have not as yet accomplished the full Age of Seven Years, yet doth their supra-ordinary understanding fully supply that small defect of Age which thing is not rare in these days, wherein Children become sooner ripe, and do conceive more quickly than in former Ages" (234. xxxvi.).