Marriage & Family

The union of male and female is founded upon the law of nature.

Conjunctio maris et feminae est de jure naturae.

Source: 7 Co. 13; Broom, *Legal Maxims* (1874), p. 505; Weisman, 79f

Marriage is not a creature of statute but a natural institution recognized and protected by the common law.

Not cohabitation but consent makes marriage.

Nuptias non concubitus sed consensus facit.

Source: Coke, Co. Litt. 33a; Dig. 50, 17, 30; Jackson, *Latin for Lawyers* (1915), Max. 739

Marriage is constituted by the voluntary agreement of the parties, not by mere cohabitation — consent is its essential element.

Husband and wife are regarded in law as one person.

Vir et uxor censentur in lege una persona.

Source: Jenk. Cent. 27; Co. Litt. 112; Jackson, *Latin for Lawyers* (1915), Max. 1065; Weisman, 79i

At common law, husband and wife form a legal unity — the acts, acquisitions, and obligations of one are attributable to both.

Marriages ought to be free.

Matrimonia debent esse libera.

Source: Halk. Max. 86; 2 Kent, Comm. 102; Jackson, *Latin for Lawyers* (1915), Max. 568; Weisman, 61l; Weisman, 79d

No external compulsion or unreasonable restraint should be placed upon the right to marry — it is a matter of free choice.

The father is he whom the marriage indicates.

Pater est quem nuptiae demonstrant.

Source: Co. Litt. 123; Dig. 2, 4, 5; Broom, *Legal Maxims* (1874), p. 516; Jackson, *Latin for Lawyers* (1915), Max. 792; Weisman, 79n

A child born in lawful wedlock is presumed to be the child of the husband — the marriage itself establishes paternity.

The lawful heir is he whom the marriage shows to be so.

Haeres legitimus est quem nuptiae demonstrant.

Source: Co. Litt. 7; Jackson, *Latin for Lawyers* (1915), Max. 326; Weisman, 58w

Inheritance follows lawful marriage — at common law, only those born within wedlock possess inheritable blood.