"Marriage may be regarded in the first place in fieri, that is to say, of as a contract, and in the second place in facto esse, or as the conjugal union established by the contract between husband and wife." p. 67
"The Latin word matrimonium comes from malris munium, the maternal office, because, as Tancred says, Summa de matrimonio (Edit. Wunderlich, Gottingen, 1841), p. 15, « dat mulieribus esse matres ». It is called matrimonium rather than patrimonium, because, according to Gregory IX, chap. 2, X, III, 23, the infant has more need of maternal than paternal attentions, and the mother bears the burden before birth, the anguish at birth, and the subsequent anxieties.
It is called also in Latin connuiium or nuptiae from nubere, to veil, because when newly wedded wives were given over to their husbands, they used to veil their heads as a sign of modesty and submission. (Cf. Glasson, o. c, p. 169). The word nuptiae (nuptials) has the further signification of festivities and solemnities that took place on the occasion of the marriage. The term nubere is also frequently employed, and formerly still more so, to signify the consummation of the marriage. Thus the nupta, in opposition to the desponsata, was a wife already known by her husband, as distinguished from one who was still a virgin (chap. 29, 31, 40, C. XXVII, qu. 2, and ch. I, C. XXXVIII, I). The word connubium, in the Roman law, usually signified the ability to contract a lawful marriage ; cf. Sehling, Die Unterschcidung, p. 38 ; Laurin, Intr. in jus matr., p. 26 ; Leitnbr, Lehrb., p. 3. Finally it is also called conjugium (from jugum, yoke) because of the effect produced by the matrimonial contract in joining the man and the woman under the same yoke." p 68 footnote
"Marriage as a contract may be defined: A contract by which man and woman are associated and united with one another as a common principle for the generation and education of children." p.68
"The end that marriage, as such, seeks to attain, that is to say, the end that nature and the Creator assign to it, is no other than the propagation of the human species; in other words, the procreation and education of children. The very idea of marriage includes the enunciation of this end. Marriage is in fact an association formed with a view to the generating and educating of children.
The propagation of the human species is, then, the end and aim of marriage. It has no other; this end is the only end. Undoubtedly marriage brings with it yet something more: affection and mutual support, lawful joys, and a remedy for concupiscence; but the true end of marriage is not there. There we find but means to attain that end, or at the most, and in no proper sense, ends that are essentially subordinate to the true end.
The use of marriage, while allaying the passions, is accompanied with sensible joy, so as to give an impulse to the procreative faculty, and thus come more surely to the end in view. The Creator has willed that husband and wife should find in their common life a mutual comfort and support, that so stability might be given to that life, and the education of their offspring secured. He has willed that this joint life, this dwelling together of father and mother, should be fostered by the warmth of conjugal affection, so that the obligations of the married state might be rendered supportable thereby, and the common task of education more easy. " p 79-80
"The proximate matter and the form of the sacrament of marriage are deduced as a corollary from the definition given, and from the sacramental character of the contract, as Billuart clearly teaches, o. c, ad Suppl., Dissert, i, art. 7 : « I say, the proximate matter of the sacrament of matrimony is the words of the contracting parties, as expressing the mutual transfer of the right of ownership over their respective bodies; the form, these same words, as expressing the acceptance of this transfer. For the words: I take you for wife, I take you for husband, signify on each side not merely the acceptance, but moreover the transfer of personal right into the hands of the other party; without which there would not be any marriage. Consequently the same words, looked at from different points of view, are the matter and form."