Maxim 4.1.10
A subsequent marriage makes the children legitimate so far as relates to the priesthood, not as to the succession, on account of the custom of the kingdom, which is contrary thereto.
Matrimonium subsequens legitimos facit quoad sacerdotium non quoad successionem propter consuetudinem regni quae se habet in contrarium.
Source: Co. Litt. 345; Jackson
Difficulty 3/5 — Intermediate
Explanation
At common law, a subsequent marriage of the parents legitimated children born before it for ecclesiastical purposes, but the custom of England did not extend that legitimation to rights of inheritance.
Where this applies
- Parents marry after their child is born and the child's legitimacy status is in question.
- A subsequent marriage of parents affects the child's inheritance rights.
Legal domains
Cite this maxim
NeCede Max. 4.1.10 — A subsequent marriage makes the children legitimate so far as relates to the priesthood, not as to the succession, on account of the custom of the kingdom, which is contrary thereto. — Co. Litt. 345; Jackson (Matrimonium subsequens legitimos facit quoad sacerdotium non quoad successionem propter consuetudinem regni quae se habet in contrarium.)
Found an error? Suggest a correction →