His brother's wife 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 II. 405. doubts whether the two last statutes are in force since 32 H. 8. ch. 38. the spiritual courts are confined to the Levitical degrees, Vaugh. 206. Harrison et ux. v. Burwell. 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. Butler's note Co. Litt, 235. 2. 2 Burns ec cles. 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. Lin. descendens. Linea ascendens. Socer: a wife's father: Beau Pere. Socrus: a wife's mother: Belle Mere. Noverca: a step-mother: a father's second wife: Belle Mere. Vitricus: a step-father: a mother's second husband: Beau Pere. Nurus: a daughter-in-law: a son's wife: Bru. Gener: a son-in-law: a daughter's husband: Gendre. Comprivigni: children by a former marriage. Privignus: son of a wife by a former marriage: Beau fils. Levir: Brother-in-law to the wife: Beau frere. davę. Pater: Mater: father: mother. Avus: Avia: grand-father: grand-mother. Proavus: Proavia: great-grand-father: great-grand-mother. mother. Atavus: Atavia: great-great-father's grand-father: great-greatfather's grand-mother. Tritavus : Tritavia: great-great-father's great-grand-father: great-great-father's great-grand-mother. Filius: Filia: son: daughter. Nepos: Neptis: linealis: grand-son: grand-daughter. Pronepos: proneptis: linealis: great-grand-son: great-grand- Abnepos: Abneptis: linealis: son or daughter of the above. Adgnati. Cognati. Patruus: uncle by the father's side: father's brother. Patruus magnus : Amita magna : Propatruus magnus : great-uncle: great-aunt by the father's side. *} father and mother of the above. 1 Abpatruus magnus: grand-father and grand-mother of the great- Amitini: (ab amita) the same descended of the father's sister. fAvunculus: Matertera: mother's brother: mother's sister: maternal uncle and aunt. Avunculus magnus: maternal great-uncle. Matertera magna: maternal great-aunt. Proavunculus magnus: great-uncle's father on the mother's side. Ab materera magna: grand-uncle's grand-mother, Materterini: cousin-germans on the mother's side. on the mo ther's side. Nepos and Neptis are properly grand-children: but these terms are also applied to nephews and nieces: Præterea, nepotem ex patre aut ex sorore, a Juris-peritis imperite dici, admonent eruditi; nam fratris aut sororis filius dici solet e doctis, nepos autem respectu avi, ut filius respectu patris dicitur. Joh. Calvini Lexicon Furidicum sub voce Nepos. In this imperitiore sensu, lord Coke uses it: see his table of consanguinity and affinity Co. Litt. 18. Hence Nepos: Neptis: Pronepos: Proneptis: Abnepos: Abneptis: Scollaterales:. Atnepos: Atneptis: Mean nephews and nieces and their lineal descend. ants. Trinepos: Trineptis :) 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. de nupt. 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 sororis filius vel filia. The next in number among the legal prohibitions to marriage among the Romans, was, offence against Public decorum. Justinian post § 9 states three cases of prohibition, 1st, The daughter of your wife after divorce. 2ly, The affianced wife of a son, though not a daughter-in-law for the Romans had their sponsalia or precontracts, as well as marriage contracts. The consensus sponsalitius was one thing: the consensus matrimonialis another. Taylor 303. 3ly, The affianced wife of a father, though not a mother-in-law. These were, quasi privigna, quasi nurus, quasi noverca. These cases are taken from Dig. 23. 2. 12. To these enumerated by Justinian, may be added, 4thly, an adopted daughter or grand-daughter emancipated. Dig. 23. 2. 55. 5ly, Between an adoptive emancipated son, and a woman who has been the wife of the adoptive father. Dig. 23. 2. 14. 6ly, An adopted son, and the mother of an adopted father, so long as the adoption continues. Ib. L. 55. par. 1. Another head of legal prohibition was Rank, of which see post § 11. As if a senator should contract matrimony with a manumitted slave, a stage player, or any other person of lost reputation. Dig. 23. 2. 44. but this was abrogated by Justinian, Nov. 78. c. 3. Another subject of prohibition was Power. As in the cases of, 1st, A tutor and his female pupil: a curator and his female minor. Dig. 23. 2. 59. et seq. and Cod. de interd. Matr. 2ly, A governor of a province and a female native resident therein. Dig. 23. 2. 38 and 57. and Cod. si quacumque prædit. potest. The last prohibition arose from Age. As marriage between a man of 60 and a woman of 50. Dig. 1.7. 15. 2. Dig. 19. 1. 21. Cod 6. 58. 12. See hereon, Heineccius ad Leg. Jul. et Pap. Popp. But these prohibitions were much moderated by Justinian, except as to widows. Cod. 5. 4. 27. Cod. 6. 58. 12. Polygamy, common among the barbarous nations of antiquity (barbarous in the Greek and Roman sense of the word) the Germans excepted, Tacit. de Mor. Germ. ch 18. was also occasionally permitted among the Grecks, when necessity seemed to require it; as in the case of the detachment of young men from the army of Lacedemon, mentioned by Plutarch; and by the Athenians da crum aufguzov propter hominum infrequentiam. Arist. de Nobilit. ex Athen. 80. L. 13. init. and by the Tuscans, 12 Athen. 3. and it was defended by Eurip. in Ino. tragad. and by Plato, whose doctrine was rather a community of wives like that of the Arreoi in Otaheite, than a plurality; see also Aul. Gell. xv. 20. xviii. 2. Aristotle well considers Plato's doctrine in his politics, book 2. § 2 4. "A work (as I most cordially agree with "Dr. Taylor) which I will venture to pronounce one of the most แ sterling productions of antiquity, and a most inexhaustible treasure "to the statesman, the lawyer and the philosopher." (Taylor 342 ) The english reader is much indebted to Dr. Gillies for his view of Aristotle's philosophy. Socrates indulged in two wives, if not in pederasty which he is ia troduced as speaking of in Xenophon's memorabilia, in his conversation with Alcibiades, as a thing of common course. The general reputation of this man, ranks with me among the literary paradoxes: but I most wonder at the praise bestowed on him by my deceased friend (the first man of his day in the philosophical and literary world) Dr. Priestley. That the Jews practised polygamy, and that their laws regulated it, is well known, Deut. 21. 15. 17. In the year 1780 the Rev. Martin Madan published his "THELYPTHORA ;" in which, taking for granted that the axiom of the canonists, Concubitus non consensus facit nuptias, is founded on scripture, he proposed the introduction of licensed polygamy in cases of female seduction, as a remedy for prostitution. He was a man of learning, but a religious fanatic, of the sect of Calvinist-methodists. His arguments are deduced principally from 21. Deut. 15. 18. 22. Deut. 28, 29. 22. Ex. 16, 17. He notices very truly that marriage was first introduced among the Sacraments, and put under the custody of the priesthood, by Pope Innocent the third. He refers particularly to the cases of Hannah, Rachel and Bathsheba, who are mentioned in the bible in terms of respect, as well as Joseph, Samuel, and Solomon, who were the issue of polygamous marriages. Madan built and officiated at the Lock chapel which was annexed to the Lock hospital for venereal patients, near Hyde-park corner, in London. He was the composer of that fine tune "Before Jehovah's awful throne:", and the compiler of the best collection of popular (church music now known, for the use of that chapel. The civil law forbad polygamy. Inst. 1. 10. 6. Dig. 3. 2. 1. par. 8. Dig. 40. 2. 15. L. 2. Cod. de incest. et inut. nupt. Cic. de orat. 40. and even bina sponsalia, Dig. 3. 2. 1. fin. Polygamy was introduced by Valentinian first, as appears from Socrates, Nicephorus, Paulus Diaconus, and Jornandes, see the citations in Taylor, 347: but it did not continue long. But licensed concubinage amounted to it, which seems to have continued for many years. Heinecc. ad leg. Jul. et Pap. Poppœam, Dig. 25. 2. 11. sub. fin. and Julius Cæsar is said by Suetonius to have instigated Helvius Cinna the tribune, to introduce a law in favour of unlimited polygamy. Suet. in Jul. Cæs. § 52. Concubinage however was discouraged by the digest, 32. 49. 4. and the law prohibited concubinage, at the same time with matrimony, as well as more concubines at a time than one. Dig. 45. 1. 121. Cod. 5. 26. unic. Cod. 7. 15. ult. Nov. 18. 74. and 89. Christianity, has settled the question of polygamy among christians, notwithstanding the practices recorded in the old testament. 1 Corinth. ch. 7. and has settled also the subordinate situation of the wife: |