are embarrassed and involved, and such as it is not easy to develope'. The rule of the Western Church cannot be understood without observing the different methods of computing the degrees by the civil and the canonical law. In the direct line of ascent and descent they are nearly agreed, counting so many degrees as there are generations, or as there are persons, exclusive of the forefather. Thus Abraham, Isaac, Jacob, Dinah: Dinah is in the third degree from Abraham, being the third person besides Abraham, or in the third generation from Abraham exclusively. In the transverse or collateral line there is a different mode of computation". The civil law requires that the several generations arranged in separate columns shall be counted through the common parent, and determines that there are as many degrees as there are generations exclusive of the common parent. Thus from Thara 1. Nachor 1. Abraham 2. Bethuel 2. Isaac 3. Laban 3. Jacob. 4. Rachel. Jacob to Thara there are three generations, and from Thara to Laban there are three generations; therefore Laban by the civil law is removed six degrees from Laban in the lineá collaterali æquali: (3—3.) but by the canon law in the same line each is removed from the other as many degrees as both are removed from the common parent: thus Jacob and 1 Selden de Jure Nat. et Gen. 1. v. c. 11. Beza. Laban are both removed three degrees from Thara, and therefore only three degrees from each other. Again, in the lineá collaterali inæquali, (3—4.) by the canon law each is distant from the other only so many degrees as the more remote is distant from the common stock: thus Rachel is distant four degrees from Thara, and therefore four degrees from Jacob: but by the civil law the whole number of generations on either side is reckoned, and 3+4=7, so that Jacob is removed seven degrees from Rachel'. The synodal decrees of the Western Church have been distributed into seven principal classes: 1. those which restrict the prohibitions by the rule of Scripture; 2. those which extend the prohibition to the second degree in lineú æquali, (2-2.) or to first cousins; 3. those which extend the prohibition to the third degree in lineû inæquali; (2—3.) 4. those which extend the prohibition to the third degree in lined æquali, (3-3.) or to second cousins; 5. those which prohibit marriage so long as there are any remains of consanguinity; 6. those which prohibit marriage in the sixth degree; 7. those which prohibit marriage in the seventh degree. Those extensions of the Levitical restrictions of marriage with any one that is near of kin, to a degree which comprehends all consanguinity, or at least all such consanguinity as was supposed to be recognized in • The rule deserves to be recited as an exquisite specimen of legal subtlety: Quæ personæ æqualiter a stipite distant, toto gradu distant, quanto quælibet a stipite distat: vel in ordine transverso, si duæ personæ æque distant a stipite, tot gradibus distare dicuntur, quot a stipite, quælibet illarum distat. P Gerhard, s. 250, 251. Ibid. s. 331, 332. the civil law, and to regulate the descent of inheritance, and the consequent limitation of the restriction of marriage to the seventh degree, proceeded on a series of errors: for, in fact, consanguinity does not cease in the seventh or any other degree, but flows in perpetuity, as the stream from the fountain: the relation and the law of inheritance is recognized under the name of consanguinei; and the computation of the canonical and civil law is so different, that the seventh degree of the one would be the fourteenth of the other". A concise summary of the prohibitions of marriage in the Western Church is contained in a canon of the Council of Agde, (A. D. 506.) which is repeated by the Councils of Epone (A. D. 517.) and of Tours, (A. D. 813.) and therefore may be considered as the settled law of the Church for a considerable period. Concerning incestuous conjunctions, we allow them no pardon, unless the offending parties cure the adultery by separation from each other. We reckon incestuous persons unworthy of any name of marriage, and dreadful to be mentioned; for they are such as these: If any one pollutes his brother's relict, who was almost his own sister, by carnal knowledge; if any one takes to wife his own sister; if any one marries his stepmother, or father's wife; if any one joins himself to his cousin-german; if a man marries any one who is nearly allied to him by consanguinity, or one whom his near kinsman had married before; if any one marries the daughter of his uncle by the mother's or the father's side, or Selden de Jure Nat. et Gent. 1. v. c. 11. his daughter-in-law, that is, his wife's daughter by a former husband. All which, both heretofore and now under this constitution, we doubt not to be incestuous; and we enjoin them to abide and pray with the catechumens, till they make lawful satisfaction; but we prohibit these things in such manner for the present time as not to dissolve or cancel any thing that has been done before; and they who are forbidden such unlawful conjunctions shall have liberty to marry more agreeably to the laws." By this canon it appears, that these incestuous unions were perfectly void and null; that the parties were not only required to separate, but forbidden to continue their union, and at free liberty to marry again. In a succeeding age the Pope Alexander II. extended the restrictions of marriage to the seventh degree', with an anathema upon any who should * Conc. Agathen. can. 16. Bingham, b. xxii. c. 2. s. 3. 'Human ingenuity may discover a reason for every thing, but is it possible, that any man should for a moment be convinced by the reasons alleged for these restrictions of marriage to the fourth and the seventh degree. The argument of Innocent was, "Quia sint in humano corpore quatuor humores ideo ad quartum usque gradum, convenienter prohibitio extendatur;" which Bellarmine improves by the observation, "Esse tantum congruentiam quandam, non tamen ineptam, sed plane physicam. Quia enim homo ex quatuor elementis constat, collige admodum probabiliter, in quarto gradu penitus deficere vim illam sanguinis ejusdem, quæ a primo stipite trahitur." There was a reason also assigned by Bonaventura for the restriction to the seventh degree: "Quia corpus habet quatuor humores et anima tres potentias, quæ conjuncta faciunt septem, ideo in septimo demum gradu vim illam sanguinis deficere." Gerhard, s.338. Another equally relevant reason was alleged by Gratian: Quoniam sicut sex ætatibus finitur mundi generatio et hominis status, ita propinquitas generis tot gradibus terminatur." Beza. attempt to revise the law, which was boldly incurred both by Innocent III. and Gregory IX. of whom the former in the Council of Lateran abrogated the rule of Alexander, and restricted the prohibition of marriage to the fourth degree of consanguinity and affinity, observing, that to prohibit marriage within the second and third degrees of affinity, and to restrain the issue of second marriages from intermarrying with the relations of the first, was a cause of perplexity, and prejudicial to the safety of the soul". The discipline of the Church introduced other restrictions upon marriage, in respect of the time. at which it should be celebrated. In the second Council of Arles (A. D. 251.) it was provided, that penitents should not marry during the time of their penance, under pain of not being permitted to enter under the roof of the Church. In the Council of Laodicea (A. D. 361.) marriage was forbidden in Lent; and the Council of Salegunstade, (A.D. 1022.) under Benedict VIII. and the Emperor Henry II. made an order that no Christian should marry from Advent to the Octaves of Epiphany, nor in fourteen days before the festival of John the Baptist, nor upon fast-days, nor the vigils of solemn festivals. And from that time these were prohibited times of marriage in most countries". The discipline of the Church had also interdicted Selden de Jure Nat. et Gen. 1. v. c. 11. Fr. Hotman de Rit. Nu, et Matr. c. 6. Compare Bingham, b. xvi. c. 11. s. 3. * Bingham, b. xviii. c. 2. s. 8. y Ibid. b. xxii. c. 2. s. 14. Similar prohibitions, including all Sundays, Wednesdays, and Fridays, were adopted in the Collections of Egbert, Archbishop of York, (A. D. 750.) and in Concil. Ænham, (A. D. 1009.) Comber, Intr. Office of Matr. s. 4. |