Parental contract
A child shares what is called a domestic relationship with their parents. This relationship is a said by some to be de facto contract because it is unspoken and yet understood by society and the both parties.
It may also be called a constructive contract. The child's capacity to understand is limited but the acceptance of protection and provision by the parents establishes or constructs a relationship between them.
- Protection draws to it subjection, subjection, protection.
- Protectio trahit subjectionem, subjectio projectionem. Co. Litt. 65.
If we are endowed with our rights by an unseen God then our parents who we can be seen are the primary source of those right within the physical world.
- Children born under a legitimate marriage follow the condition of the father.
- Cum legitimae nuptiae factae sunt, patrem liberi sequuntur.
Rights consist of both corporeal and incorporeal hereditaments of our individual personality.
- An heir is another self, and a son is a part of the father.
- Haeres est alter ispe, et filius est pars patris.
We inherit our rights naturally through our parents and our parents cannot pass rights to their children that they have already waived.
- The offspring follow the condition of the mother. This is the law in the case of slaves and animals; but with regard to freemen, children follow the condition of the father.
- Partus sequitur ventrem. 1 Bouv. Inst. n. 167, 502;
But these are Natural law maxims. Legal systems may also establish reltionships based on lega contracts.
- "The father is he whom the marriage points out."
- Pater is est quem nuptiae demonstrant. 1 Bl. Com. 446; 7 mart. N. S. 548, 553; Dig. 2, 4, 5; 1 Bouv. Inst. n. 273, 304, 322.
The legal marriage contract brings the whole family under the power of the State as Father of the family according to Pater Patriae or or even Patronus.
It is said that our rights are the essence of us. We are living souls and the seat of the soul is in the blood.
- Children are of the blood of their parents, but the father and mother are not the blood of their children.
- Pueri sunt de sanguine parentum, sed pater et mater non sunt de sanguine puerorum. 3 Co. 40.
Domestic Relationships
A "domestic relationship" may mean "a personal relationship between 2 adults in which one provides personal or financial commitment and support of a domestic nature for the material benefit of the other and includes a domestic partnership but does not include a legal marriage."
Yet if you look in Clark's Summary of American Law you will find under Domestic Relationships and Persons Chapter 3 "Husband and Wife" which has been considered one of the great Domestic Relationships. Chapter one under Domestic Relationships and Persons is Marriage. Both list of the rights of the Husband and Wife including the rights to children. They are clearly different relationships.
There are subheadings under "Marriage" which includes "The contract to marry". The second subheading was "The marriage status and relationship". There are different kinds of marriage. First, marriage often was a contract "to marry" signed between the couple by permission of the natural parents. The marriage itself was generally what would be called a "frank marriage". A frank marriage was one where the couple were the only two parties in final marriage contract.
Today, State licensed marriages are contracts between the couple and the State. In essence they are three party contracts where the state continue to holds and interest in the union and the products of that union, the children.
Instead of asking permission to marry or enter into this "State Contract" the couple asks permission of their parent the state. How did the state become the parent of the couple? This involves many other deeds and applications between the original parents and possibly their parents, and the persons seeking to marry.
- “Marriage is often referred to as a civil contract, but the emphasis in such a reference is not on the word ‘contract’ but upon the word ‘civil’ as distinguished from ecclesiastical; since there is religious freedom in this country a religious ceremony, and rules of ecclesiastical organizations with regard to marriage have no legal significance”.
- “Though mutual assent is necessary to enter into a marriage the marriage itself is a status or relationship rather than a contract, the rights and obligations of the parties thereto being fixed by the law instead of by the parties themselves. Hence marriages are not within the provision of the United States Constitution forbidding a state to impair the obligation of contracts.” Clark’s Summary of American Law. Chapt I §2. The marriage status or relationship. pp. 140.
So, yes the relationship of Husband and Wife is a domestic relationship. Common Law marriage is valid if you openly move into together as Husband and Wife because the union is a domestic relationship which implies Natural Law. That domestic relationship "does not include a legal marriage" because the relationship as husband and wife with the State is a relationship that is not domestic but it is civil.
Your marriage contract with the State includes all the civil statutes at the time of your marriage and all the changes the legislature will make during that union.
The principle of Natural Law and the rights of the Father may shift to the State which is why Plutarch said “The real destroyers of the liberties of the people is he who spreads among them bounties, donations, and benefits.”
The beginning of subjugation to others begins with your first suck.
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