an unlawful conjunction of persons related within the degrees of
kindred prohibited by God. In the beginning of the world, and again,
long after the deluge, marriages between near relations were allowed. In
the time of Abraham and Isaac, these marriages were permitted, and among
the Persians much later: it is even said to be esteemed neither criminal
nor ignominious among the remains of the old Persians at this day. Some
authors believe that marriages between near relations were permitted,
or, at least, tolerated, till the time of Moses, who first prohibited
them among the Hebrews; and that among other people they were allowed
even after him. Others hold the contrary; but it is hard to establish
either of these opinions, for want of historical documents. The degrees
of consanguinity within which marriage was prohibited are stated in Lev.
xviii, 6–18. Most civilized people have looked on incests as abominable
crimes. St. Paul, speaking of the incestuous man of Corinth, says, “It
is reported commonly, that there is fornication among you, and such
fornication as is not so much as named among the Gentiles, that one
should have his father’s wife,” 1 Cor. v, 1. In order to preserve
chastity in families, and between persons of different sexes, brought up
and living together in a state of unreserved intimacy, it is necessary,
by every method possible, to inculcate an abhorrence of incestuous
conjunctions; which abhorrence can only be upholden by the absolute
reprobation of all commerce of the sexes between near relations. Upon
this principle, the marriage, as well as other cohabitations, of
brothers and sisters, of lineal kindred, and of all who usually live in
the same family, may be said to be forbidden by the law of nature.
Restrictions which extend to remoter degrees of kindred than what this
reason makes it necessary to prohibit from intermarriage, are founded in
the authority of the positive law which ordains them, and can only be
justified by their tendency to diffuse wealth, to connect families, or
to promote some political advantage. The Levitical law, which is
received in this country, and from which the rule of the Roman law
differs very little, prohibits marriages between relations within three
degrees of kindred; computing the generations, not from, but through,
the common ancestor, and accounting affinity the same as consanguinity.
The issue, however, of such marriages are not bastardized, unless the
parents be divorced during their life time.
kindred prohibited by God. In the beginning of the world, and again,
long after the deluge, marriages between near relations were allowed. In
the time of Abraham and Isaac, these marriages were permitted, and among
the Persians much later: it is even said to be esteemed neither criminal
nor ignominious among the remains of the old Persians at this day. Some
authors believe that marriages between near relations were permitted,
or, at least, tolerated, till the time of Moses, who first prohibited
them among the Hebrews; and that among other people they were allowed
even after him. Others hold the contrary; but it is hard to establish
either of these opinions, for want of historical documents. The degrees
of consanguinity within which marriage was prohibited are stated in Lev.
xviii, 6–18. Most civilized people have looked on incests as abominable
crimes. St. Paul, speaking of the incestuous man of Corinth, says, “It
is reported commonly, that there is fornication among you, and such
fornication as is not so much as named among the Gentiles, that one
should have his father’s wife,” 1 Cor. v, 1. In order to preserve
chastity in families, and between persons of different sexes, brought up
and living together in a state of unreserved intimacy, it is necessary,
by every method possible, to inculcate an abhorrence of incestuous
conjunctions; which abhorrence can only be upholden by the absolute
reprobation of all commerce of the sexes between near relations. Upon
this principle, the marriage, as well as other cohabitations, of
brothers and sisters, of lineal kindred, and of all who usually live in
the same family, may be said to be forbidden by the law of nature.
Restrictions which extend to remoter degrees of kindred than what this
reason makes it necessary to prohibit from intermarriage, are founded in
the authority of the positive law which ordains them, and can only be
justified by their tendency to diffuse wealth, to connect families, or
to promote some political advantage. The Levitical law, which is
received in this country, and from which the rule of the Roman law
differs very little, prohibits marriages between relations within three
degrees of kindred; computing the generations, not from, but through,
the common ancestor, and accounting affinity the same as consanguinity.
The issue, however, of such marriages are not bastardized, unless the
parents be divorced during their life time.