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Updated: June 17, 2025
I do not believe this theory myself for the jejune love of youth is as a taper's flame to the great and passionate tenderness of maturity, when the soul, and not the body, claims its due; when love is not dragged down to the vulgar level of mere cohabitation, after the fashion of the animals in a farmyard, but rises to the best height of human sympathy and intelligent comprehension. Who knows!
No form or ceremony, civil or religious; no notice before, or publication after; no cohabitation, no writing, no witnesses even, are essential to the constitution of this, the most important contract which two persons can enter into. There is a Scotch judge's own statement of the law that he administers!
Josephus, who wrote his Antiquities, or History of the Jews, about sixty years after the commencement of Christianity, in a passage generally admitted as genuine, makes mention of John under the name of John the Baptist; that he was a preacher of virtue; that he baptized his proselytes; that he was well received by the people; that he was imprisoned and put to death by Herod; and that Herod lived in a criminal cohabitation with Herodias, his brother's wife.
The natural bounty of the Tidewater region thus actually deterred the development of Virginia along the lines of New England with its urban centers: Cohabitation would not only employ thousands of people ... others would be employed in hunting, fishing, and fowling, and the more diligently if assured of a public market....
But such spousals could be converted into valid matrimony by the cohabitation of the parties; and this, instead of being looked upon as reprehensible, seems to have been treated as a laudable action, and to be by all means encouraged.
It may be proved by the admissions or uncontradicted testimony of either party, or a legal presumption may be raised by the testimony of either husband or wife with proof of continued cohabitation. The evidence of witnesses who were present and witnessed the marriage is always sufficient. A marriage procured by fraud or force is void, because it lacks the essential element of consent.
In the course of their cohabitation, in Odette's mind, with the memory of those of her actions which she concealed from Swann, her other, her innocuous actions were gradually coloured, infected by these, without her being able to detect anything strange in them, without their causing any explosion in the particular region of herself in which she made them live, but when she related them to Swann, he was overwhelmed by the revelation of the duplicity to which they pointed.
Cohabitation continues for three weeks without other incidents than scuffles and threats which become less frequent day by day. No serious hostility is displayed on either side. At last the Calicurgi die: their day is over. A pitiful end after such an enthusiastic beginning. Shall I abandon the problem? Why, not a bit of it!
He knew, not only that cohabitation in itself was fatal, but that the injured husband who invoked the law must refrain from the very appearance of that evil. Of course, he knew what Violet had come for. She was beginning to get uneasy about her divorce. And, personally, he couldn't see where the risk came in unless the suit was defended. And it wasn't going to be defended. It couldn't be.
A marriage, however, is complete without this in the eyes of the law, as it is a maxim taken from the Roman civil statutes that consent, not cohabitation, is the binding element in the ceremony. Yet, in most States of the U.S., and in some other countries, marriage is legally declared void and of no effect where it is not possible to consummate the marriage relation.
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