« PreviousContinue »
Primus gradus aequalis in linea
transversali, Cons. Soror. Affin. Soror uxor is. Affin. Fratris relicta. *Secundus gradus in linea recta descendente, Cons. Neplis ex filio, Cons. Neplis ex filia.
Pronurus, i. e. relicta nepotic ex filio.
Pronurus, i. e. relicta nepotis
ex filia. Privigni filia. Affin. Privigna filia. Secundus gradus inaequalis in
linea transversali descendente, Cons. Neplis ex Jratre. Cons. Neplis ex sorore. Affin. Nepotis ex Jratre relicta. Affin. Nepotis ex sorore relicta. Affin. Neptis uxoris ex Jratre. Affin. Neplis uxoris ex sorore.
Affin. Affin. Affin.
19 Son's daughter.
20 Daughter's daughter.
21 Son's son's wife.
22 Daughter's son's wife.
23 Wife's son's daughter.
24 Wife's daughter's daughter.
25 Brother's daughter.
26 Sister's daughter.
27 Brother's son's wife,
28 Sister's son's wife.
29 Wive's brother's daughter.
30 Wife's sister's daughter.
A woman may not marry with her
2 Grandmother's husband.
3 Husband's grandfather.
4 Father's brother.
5 Mother's brother.
6 Father's sister's husband.
7 Mother's sister's husband,
8 Husband's father's brother.
9 Husband's mother's brother.
12 Husband's father.
in linea recta
Affin. Avice relictus.
Affin. Prosocer, vel socer tnagnus. Secundus gradus inaequalis in linea transversali ascendente,
Affin. Amitce relictus.
Affin. Matertera relictus.
Affin. Patruus mariii.
Affin. Avunculus marili.
Primus gradus in linea recta ascendente,
Primus gradus in linea recta
Primus gradus aequaelis in
Secundus gradus in linea rec-
Affin. Progener, i. e. relictus neptis
Secundus gradus inaequalis in
riti ex fratre.
The Levitical degrees are to be found in the 18th and 20th chapters of Leviticus, and they are these; see Haines v- Jescott, 5 Mod. 168. 1 Ld. Ray. 68. where the Levitical degrees are tabulated in a somewhat different order, following lord Coke.
A man may not marry
His sons daughter
14 Husband's son. [ *427 ] *15 Daughter's husband.
17 Husband's brother.
18 Sister's husband.
19 Son's son.
20 Daughter's son.
21 Son's daughter's husband.
22 Daughter's daughter's husband.
23 Husband's son s son.
24 Husband's daughter's son.
25 Brother' son.
26 Sister's son.
27 Brother's daughter's husband.
28 Sister's daughter's husband.
29 Husband's brother's son.
30 Husband's sister's son.
His father's brother's wife
*His brother's wife [ *428 ]
His wife's daughter
His wife's sister. The preceding are the prohibitions of the 18th chapter. The following are from the 20th chapter, and may be intended to embrace second marriages.
His father's wife
His wife's mother
His father's or mother's daughter
His father's or mother's sister
His uncle's wife
His brother's wife. The above-mentioned table of kindred and affinity, (from Burns) therefore, is made up, not from the specific enumeration of prohibited degrees in the book of Leviticus, but from the principle that seems to guide the Jewish prohibition, viz. to the third degree of the Jewish and civil law computation inclusive: for the Jews calculated degrees in the same way as the Romans did, viz. from the propositus exclusive, up to and through the common stock, and down to the other party in question, inclusive. 1 Selden's uxor Hebraica, ch. 4. The English law allows marriage at the fourth degree, as computed by the Jewish and the civil law. Harison et ux. v. Dr. Burwell, Vaug. 206. 2 Ventr. 9. Gibs. Cod. 412. The prohibited degrees are not specified in 32 Hen. 8. ch. 38. which declares that all persons may lawfully marry, except such as are prohibited by God's law, but they are in the preceding statutes of 25 H. 8. c. 22. and 28 H. 8. c. 7. but Burns Eccles. Law H. 405. doubts whether the two last statutes are in force since 32 H. 8. ch. 38. The spiri- tual courts are confined to the Levitical degrees, Vaugh. 206. Harison et ux. v. Burwell.
[By a Statute of the State of New York, marriages between parents and children, including grand-parents and grand-children of every degree, ascending and descending, and between brothers and sisters of the half, as well as of the whole blood, are declared to be incestuous and absolutely void. The prohibition against such marriages, extends to illegitimate, as well as legitimate children and relatives. Such incestuous marriages, and also adultery and formcation, committed by such relatives with each other, are made indictable offences, and punishable by imprisonmeut in a State prison for a term not exceeding ten years. 2 R. S. 3d ed. p. 199. 773. This is also the law in Massachusetts. Mass. Revised Statutes, 1835, part 4, tit. 1. ch. 130.]
I have made a doubt whether a man may marry his wife's sister, his wife being dead, from the expression in the passage in Levit . "Thou shalt not take a wife to her sister to vex her, but in Hill v. Good, Vaugh. 302. and Carth. 271. 3 Keble, 166. Gibs. 412. it was determined that this case fell under the general prohibition of verse 6. including all that are near of kin: a decision indirectly confirmed by Collet's case, T. Jones. 213. Nelson's Ab. tit. Marr. 1158, 1159. 15 Vin. 256. and lately by the court of arches in England, (1811,) agreeably to former cases. Indeed the cases where marriage with a wife's sister's daughter has been deemed incestuous, are numerous. Most of them are collected in 4 Bac.
Ab. 529. See Mr. Butlers note, Co. Litt. 235. 2. 2 Burns [ *429 ] *Eccles. law, 414. et seq. But it is not forbidden by the law of Pennsylvania, see act of 1705 as to Incest.
Mr. Christian in his note 4. to 2 Blacks. 206. is right when he says "I do not know a single instance in which we have occasion to refer to the canon law: but the civil law computation is of great importance in ascertaining who are entitled to administration, and the distributive shares of intestate property." See also 2 Bl. Comment. 504.
The following terms of affinity, collected in one view, may assist the reader's recollection.
Socer: a wife's father: Beau Pere.
Socrus: a wife's mother: Belle Mere.
Noverca: a step-mother: a father's second wife: Belle M^re.
Atavus: Atavia: great-great-father's grand-father: great-great-
Filius: Filia: son: daughter.
Nepos: Neptis: linealis: grand-son: grand-daughter.
Abnepos: Abneptis: linealis: son or daughter of the above.
Patnius: uncle by the father's side: father's brother.
^m'itallagna1^ ( great-uncle: great-aunt by the father's side.
Abpatruus magnus: I grand-father and grand-mother of the great
father and mother of the above.
<%na: \ uncle and great-aunt on the father's side.
Amitini: (ab amita) the same descended of the father's sister.
Proavmiculus magnus: great-uncle's father on the mother's side.
Nepos and Neptis are properly grand-children: but these terms are also applied to nephews and nieces: Prcelerea, nepolem ex patre aul ex sorore, a Juris-perilis imperite dici, admonent erudili; nam fratris aul sororis filius dici solet e doctis, nepos aulem respectu avi, ut filius respectu patris dicitur. Joh. Calvini Lexicon Juridicum sub voce Nepos. In this imperitiore sensu, Lord Coke uses it: see his table of consanguinity and affinity. Co. Litt. 18. Hence
Nepos: Neptis: 1 %
Pronepos: Proneptis: ( Mean nephews and nieces
Abnepos: Abnejrtis: > collateralis: < and their lineal descendAtnepos: Atneptis: ( ants.
This application of the term Nepos, may perhaps be authorized by the expression of Caius, Dig. 26. 4. 7. and in L. nemini 17. Cod. denupt. but in both passages it is ambiguous.
The distinction of linealis and collateralis, takes away the ambiguity. No doubt, the more accurate expression for a nephew or niece, is fratris vel sorosis filius vel filia.