NUPTLE

2 definitions found across Law Mind sources

NUPTLEAuthored
The Law Mind • 932 words
Definition
A Latin term from Roman and civil law referring to marriage or nuptials — specifically, the union of man and woman understood as companionship for all life (*conjunctio maris et feminæ, et consortium omnis vitæ*). In its strictest classical sense, *nuptiae* denoted the nuptial ceremony itself, though Justinian treated *nuptiae* and *matrimonium* as synonymous in the Institutes. The term appears in legal sources primarily as a term of Roman civil law and in works deriving from that tradition. Note: The standard Latin form is *nuptiae* (plural). *Nuptle* is a variant or corrupted rendering of that term as it appears in some historical legal dictionaries and manuscripts. Researchers encountering it in source texts should treat it as equivalent to *nuptiae*. ---
Common Language
Modern common usage (Wiktionary): *Nuptial* (the English derivative) means of or relating to marriage or weddings. *Nuptials* is commonly used as a plural noun meaning a wedding ceremony. Historical common usage (Webster's 1913): *Nuptials* — "the ceremony of marriage; a wedding." *Nuptial* as adjective — "of or pertaining to marriage; done at a wedding." The gap between common and legal usage here is one of precision and doctrinal weight rather than sharp conflict. In ordinary English, *nuptials* is informal and ceremonial in connotation. In Roman and civil law, *nuptiae* carried formal legal significance: it defined the threshold event establishing the legal status of marriage, with downstream consequences for property, succession, paternity, and civil status. The common English usage captures the ceremony; the legal usage captures the legal institution the ceremony inaugurates. ---
Common Confusion
Researchers should not assume *nuptiae* and *matrimonium* are always interchangeable across all Roman law sources. While Justinian's Institutes use them synonymously, earlier classical jurists sometimes used *nuptiae* to refer more narrowly to the ceremonial act and *matrimonium* to the ongoing legal state of being married. Sources predating Justinian's codification may therefore use the terms with distinct shades of meaning. The conflation formalized in the Institutes should not be read backward into earlier texts without care. ---
Why It Matters in Research
This term surfaces almost exclusively in civil law materials, Roman law commentaries, and works of ecclesiastical law that draw on the Roman tradition. Researchers working in common law sources will rarely encounter *nuptiae* or *nuptle* as operative terms; the English common law tradition overwhelmingly used *marriage* and *matrimony* rather than their Latin civil law equivalents. Several research traps deserve attention: First, the spelling variant. *Nuptle* as it appears in some dictionary entries is almost certainly a typographical or transcription artifact of *nuptiae*. Historical legal dictionaries were typeset from manuscript sources and later digitized from aged print, creating opportunities for corruption of Latin endings. Researchers searching for this term in full-text databases should run parallel searches for *nuptiae*, *nuptial*, and *nupt-* as a stem. Second, the reference to *nuptiae secundae* (second marriage, or remarriage) in the Burrill entry signals that the term had extended doctrinal application beyond first marriages. Civil law and canon law both developed distinct rules for second marriages, particularly regarding property arrangements and the rights of children from prior unions. Researchers tracing dowry law, dower rights in civil law jurisdictions, or ecclesiastical marriage restrictions will find the *nuptiae secundae* sub-doctrine relevant. Third, the Digest and Codex citations in Burrill (Dig. 23.2.1; Cod. 5.4; Inst. 1.9.1) point researchers directly into the Corpus Juris Civilis. These are foundational sources for civil law marriage doctrine and remain accessible in modern scholarly editions. Any serious research into the civil law foundations of marriage law in Louisiana, Quebec, or other mixed jurisdictions should engage these texts directly rather than relying on dictionary summaries. Fourth, the phrase *consortium omnis vitae* — companionship for all life — embedded in the definition carried philosophical and theological freight in subsequent canon law and natural law treatments of marriage. It reappears in later marriage law discourse across jurisdictions influenced by the Roman and canonical traditions. ---
Historical Dictionary Support
Burrill's Law Dictionary is the sole source in the Law Mind corpus for this entry. Burrill correctly traces the term to Roman civil law, provides the classical definition from Digest 23.2.1, notes the Justinianic synonymy with *matrimonium*, and acknowledges the stricter ceremonial sense documented in Calvin's *Lexicon* and Taylor's *Elements of Civil Law*. The entry is competent and accurate as far as it goes. What Burrill does not address: the procedural and evidentiary dimensions of proving *nuptiae* in Roman practice; the relationship between *nuptiae* and *concubinatus* (a recognized non-marital union under Roman law that *nuptiae* was specifically distinguished from); and the reception of this Roman terminology into canon law, where the Church both adopted and modified the Roman framework. Researchers needing that fuller context should consult Taylor's *Elements of Civil Law* (cited by Burrill), Thomas Erskine Holland's works on Roman law, and primary canonist sources. The truncated entry for *nuptiae secundae* in Burrill signals a more developed doctrine that the dictionary does not fully render. This is a known limitation of Burrill's format, which frequently introduces sub-terms without completing their treatment. ---
Jurisdictional Note
*Nuptiae* as a technical term is operative in civil law jurisdictions and in scholarly treatments of Roman law. In American common law jurisdictions, it has no direct doctrinal role, though it appears in historical treatises and in the legal history of Louisiana, where civil law marriage doctrine has Roman roots. Canon law parallels make it relevant in ecclesiastical law research regardless of jurisdiction. ---
Related Terms
Matrimonium — Nuptiae Secundae — Consortium Omnis Vitae — Concubinatus — Marriage — Dowry — Civil Law — Canon Law — Corpus Juris Civilis — Conjugal Rights
NUPTLEmain
Burrill's Law Dictionary • 1870
Lat. [from nubere, to cover or veil.] In the civil law. Marriage; nuptials; the union of man and woman; companionship for all life, (conjunctio maris et feminæ, et consortium omnis vitæ.) Dig. 23. 2.1. See Cod. 5. 4. Justinian uses nuptiæ and matrimonium as synonymous. Inst. 1.9.1. Properly, the nuptial ceremony. Calv. Lex. Tayl. Civ. Law, 269, 274. See Consensus non, &c. NUPTIÆ SECUNDA. Lat. In the canon law. A second marriage; any marriage after the first. The canon law put a mark of disapprobation upon nuptiæ secundæ, for so they termed every marriage maxim adopted by Lord Bacon, with mereafter the first; no benediction could be ly a change in the order of the words. pronounced, nor could any priest be present Bacon's Max. 38, reg. 8. See Estimatio. at the celebration of them. Corvin. Jus Nunquam decurritur ad extraordinarium Canon. 108, 109, 110. Launc. Inst. sed ubi deficit ordinarium. We are never Jur. Can. lib. 2, tit. 16. 4 Reeves' Hist. to resort to what is extraordinary, but 63. where [until] what is ordinary fails. 4 Inst. 84. Nunquam præscribitur in falso. There is never a [no] prescription in case of falsehood, or forgery. A maxim in Scotch law. Bell's Dict. Nunquam prospere succedunt res humanæ, nbi negliguntur divinæ. Human things [affairs] never prosper where divine things are neglected. Wingate's Max. 6, max. 2. NUNTIUS, Nuncius. Lat. In old

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