MATERTERA. Maternal¹ aunt; the sister of one's mother. Inst. 3, 4, 3; Dig. 38, 10, 10, 14.

MATHEMATICAL EVIDENCE. That evidence which is established by a demonstration². It is used in contradistinction to moral evidence. (q. v.)

MATRICULA, civil law. A register in which are inscribed³ the names of persons who become members of an association or society. Dig. 50, 3, 1. In the ancient church there was matricula clericorum, which was a catalogue of the officiating clergy⁴; and matricula pauperum, a list of the poor to be relieved; hence to be entered in the university is to be matriculated.

MATRIMONIAL CAUSES. In the English ecclesiastical courts there are five kinds of causes which are classed under this head. 1. Causes for a malicious⁵ jactitation. 2. Suits for nullity of marriage, on account of fraud, incest, or other bar to the marriage. 2 Hagg. Cons⁶. Rep. 423. 3. Suits for restitution⁷ of conjugal⁸ rights. 4. Suits for divorces on account of cruelty or adultery, or causes which have arisen since the marriage. 5. Suits for alimony.

MATRIMONIUM. By this word is understood the inheritance descending⁹ to a man, ex parti matris. It is but little used.

2. Among the Romans this word was employed to signify marriage; and it was so called because this conjunction was made with the design that the wife should become a mother. Inst. 1, 9, 1.

MATRIMONY. See Marriage.

MATRINA. A godmother.

MATRON. A married woman, generally an elderly married woman.

2. By the laws of England, when a widow feigns¹⁰ herself with child, in order to exclude the next heir, and a supposititious birth is expected, then, upon the writ¹¹ de ventre inspiciendo, a jury of women is to be, impanneled to try the question, whether with child or not. Cro, Eliz. 566. So when a woman was sentenced to death, and she declared herself to be quick with child, a jury of matrons is impanneled to try whether she be or be not with child. 4 Bl. Com. 395. See Pregnancy¹²; Quick with child.

MATTER. Some substantial or essential thing, opposed to form; facts.

MATTER IN PAYS. Literally¹³, matter in the country; matter of fact, as distinguished¹⁴ from matter of law, or matter of record. Steph. Pl. 197. Vide Country.

MATTER IN DEED. Matter in deed is such matter as may be proved or established by a deed or specialty¹⁵. In another sense it signifies matter of fact, in contradistinction to matter of law. Co. Litt. 320; Steph. Pl. 197.

MATTER OF FACT, pleading. Matter which goes in denial of a declaration, and Dot in avoidance of it. Bac. Ab. Pleas, &c. G 3; Hob. 127.

MATTER OF LAW, pleading. That which goes in avoidance of a declaration or other pleading, on the ground that the law does not authorize¹⁶ them. It does not deny the matter or fact contained in such pleading, but admitting them avoids them. Bac. Ab. Pleas, &c. G 3. Matter of law, is that which is referred to the decision of the court; matter of fact that which is submitted to the jury.