MARRIAGE AFFINITY QUESTION:

OR,

MARRIAGE

WITH

THE SISTER OF A DECEASED WIFE

FULLY DISCUSSED,

IN

THE LIGHT OF HISTORY, ECCLESIASTICAL AND CIVIL LAW,
SCRIPTURE, REASON, AND EXPEDIENCY.

BY

THE REV. JAMES GIBSON, A.M.,

FREE KINGSTON CHURCH, GLASGOW.

EDINBURGH:
JOHNSTONE AND HUNTER, PRINCES STREET.

M.DCCC.LIV.

GENERAL CONTENTS.

PREFACE,

Introductory Remarks,

Heads of Discussion and Argument,

Section I.-State of the Question,

CHAPTER I.

Doctrine as stated in the Westminster Confession of Faith,

Section II.-Opinions of the Jews,

Maimonides, Grotius' opinion of,

More Nevochim,

Statement of the Rev. Dr Eadie,

Mishnah-Yebamoth, cap. 4, § 13,

Opinions of the Karaites and Talmudists-Selden,

Dr Janeway-Philo-Judæus,

Quotation from Targum of Jonathan Ben Uzziel,

Evidence of Dr Adler,

Lord Denman's Letter to Lord Brougham,

Value of the opinions of Talmudical writers,

Evidence of the Rev. R. C. Jenkins, on,

General remarks on opinions of the Jews,

Section III.-Opinions of the Christian Church,

Apostolical Constitutions, .

Canons of Basil,

Council of Eliberis,

Council of Neo-Cæsarea,

19

Testimony of Augustine,

19, 20

The Principle of the Canon Law-Corpus Juris Canonici,

Sanchez,

Dr Pusey's remarks on Evidence of Dr Cox and Rev. John

Hatchard,

21, 22

Section IV-Relative Testimony of Human Legislation in the Early Ages

of Christianity,

Law of Pagan Rome,

Laws of Christian Roman Emperors,

The word Wife and not Widow, used for the relict of a deceased

Husband,

23, 24

Section V-Opinions of the Waldensian Church,

24, 25

Letter of M. Revel, Moderator of the Waldensian Church,
Conclusions drawn from these opinions and M. Revel's letter,

26, 27

Section VI.-Doctrine of the Reformed,

Passages from Boëhmer and Brouwer,

23

24

28

French Church-Calvin and Beza,

29

iv

CONTENTS.

PAGE

Decisions of Synods of French Protestant Church,

Opinions of the Lutheran Divines,

Opinions of the Dutch Church of Holland and America-Dr

Janeway,

30, 31

Opinions of English Church-Bishop Jewel,

Opinions of the European Universities,

Henry VIII. of England-Hume's History,

Inaccuracies of Marshall's (an American's) account of Henry's

Marriage,

33, 34

Universities of Oxford and Cambridge less honest than the Con-

Section VII.-Opinions of American Protestants down to 1842,

37-39

Section VIII.-Relative Testimony of Human Legislation,

Law in Protestant States after the Reformation-Boëhmer and

Brouwer,

39, 40

Inconsistent statements of American writers as to the law in

several of the United States,

Inaccuracies in regard to the law of European States,

Germany,

Progress and effects of Infidel opinions in America,

Statement of Dr Julius Müller on this subject,

Number of Divorces in Prussia,

Civil Law of England-Speech of Edward Badely, Esq.,

Extracts from,

Prevalence and effects of Infidel and Pantheistic opinions in

41, 42

The Law of Scotland-Erskine's Institutes,

Hume's Commentaries on the Law of Scotland,

Bell's Principles of the Law of Scotland,

Opinions of Lord Stair,

Ferguson's Consistorial Law in Scotland,

Opinions of the Lord Advocate for Scotland,

for altering the Confession of Faith on the question,

Vote of the United Presbyterian Synod on a proposed overture

Code Napoléon,

Doctrine of the Koran on Marriage with two sisters,

Chinese law on the subject,

43

44

45, 46

46

47

47

48

49

49

49

51

51

CHAPTER II.

THE LAW OF NATURE—WHAT IT IS, AND TO WHAT EXTENT IT CAN BE A RULE ON

THIS SUBJECT.

Meaning of the expression "Law of Nature,"

Nothing authoritative can be determined from the Law of

Nature on this question,

THE WORD OF GOD, AND IN WHAT WAY IT IS TO BE USED AS A RULE AND LAW ON

THIS AND OTHER SOCIAL QUESTIONS.

Section I.-Old Testament and New the Rule of Faith and Morals,

CONTENTS.

Opinions of Mr Binney of London, on the rule, examined and

refuted,

Extract from Manton on the law as a rule to Christians,

3. Old Testament proved to be a rule of faith and manners to

man in his social relations,

Section II-General Bearing of the Levitical Law,

Section III.-Argument from Leviticus xviii.,

Its obligation, universal and permanent,

Grotius on the permanency and universality of Leviticus xviii.,

Argument of Mr Binney against universality and permanency

of the law in Lev. xviii., of no force,

Section IV.—To whom, and on what Principles, the 18th Chapter of Levi-

ticus is addressed,

Section V.—On what Principle, as applicable to the Present Question, the
18th Chapter of Leviticus is to be Expounded,

Mr Sleigh's Letter to the Bishop of Exeter,
Meaning of the phrase "near of kin" in Ruth,

Section VI-Special Texts of Scripture-Lev. xviii. 16; xx. 21,

The phrase "brother's wife," in Lev. xviii. 16, means brother's

widow-Dwight,

PAGE

55-58

55

56

59

60

61

62

63

63

64

64

66

Lev. xviii. contains prohibitions against Incest,

Refers to cases of Affinity as well as to cases of Consanguinity,

Lev. xviii. 16 forbids a man to marry his brother's wife, and by

consequence a woman to marry her sister's husband,

That men and women are not placed on the same footing in the

matter of Marriage asserted by Mr Binney,

The question of parity of reasoning not a question of con-

struction-Rev. Mr Marshall,

Effect of Deut. xxv. 5, 6 on the question,

As alleged by the advocates of marriage with the sister of a

deceased wife overthrows all laws against Incest,

The Divine Lawgiver may, of his own authority, relax, for special

reasons, his own law,

Degrees of Affinity more remote than a wife's sister are for-
bidden,

Laws prohibiting such marriages are in no sense ceremonial,

A law may be both judicial and moral,

Calvin's opinion that the laws of Lev. xviii. are not ceremonial,

Boehmer's opinion-opinion of Protestants,

Early Christians adopted the Levitical prohibitions as their rule,

Points proved in the preceding Scripture argument,

Section VII.-Special Scripture Texts, continued. Lev. xviii. 18,

Lev. xviii. 18 not an exception to Lev. xviii. 16, but a new

subject,

Lev. xviii. 18 a prohibition of Polygamy,

Rendering of Lev. xviii. 18, by Professor Mill of Cambridge,

Rendering of the Arabic Version,

Opinions of Michaelis and Mr Binney contrasted,

Wishes of dying wives on the subject,

Opinion of a Mormonite and that of his wife on the subject of
Polygamy-wife's opinion contrasted with that of Mr Binney,

Concealment, by writers on the opposite side, of the opinions of

eminent men,

Concealment of the opinions of Henry and Scott,

89

89

Concealment of the opinions of Calvin,

Calvin's opinion of Lev. xviii. 18,

Opinion of Poole in his Annotations,

Opinion of Diodati in his Annotations,

Opinion in the Assembly's Annotations, .