Conformity of the ecclesiastical discipline of the Reformed churches of France with that of the primitive Christians written by M. La Rocque ... ; render'd into English by Jos. Walker.

IX.

It is not lawful to Marry the Sister of the deceased Wife, such Marriages are forbidden not only by the Laws, but also by the Word of God. And altho' by the Law of Moses it was ordained that if the Brother died without Children the Bro∣ther should raise up seed to his Brother, nevertheless such a Law appointed for the People of Israel, was temporal, regard∣ing only the preserving a Lineage of the said People. There is another Reason in the Sister of the deceased Marry'd Person, in as much as the Alliance is not contracted by commixture of Blood, therefore such a Marriage ought to be receiv'd and approv'd. Nevertheless heed must be taken, the Magistrate and weak Brethren be not offended.

CONFORMITY.

The 19th. of the Cannons that go in the Apostles Names, does not admit him into holy Orders that has married two Sisters, whereupon Balsamon observes, that such a marriage is Null. And the 2d. of the Synod of Neosesaria, assembled as is thought, in the year 314. Excomunicates for life, her that shall have Married two Brothers; that is to say, that shall have Marry'd them

one after another; but if in danger of Death, she promi∣ses to break the Marriage when she is recovered, the Si∣nod by movement of pity, shall admit her to do Penance, whereas it declares, that if she or the Husband dye in this Marriage, the Surviver shall scarce be admitted thereunto. St. Basil in the 2d. or 3d. of his Canonical Letters, also con∣demns Marriages made with two Sisters successively; he also explains himself more clearly in a Letter he writes to Diodorus of Tarsus, and which is in the 2d. Tome of the of the Greek Pandects printed at Oxford of late years; and 'tis the 197 amongst St. Basil's Letters; upon this Let∣ter Balsamon observes, that it has no great need of In∣terpretation, because in his time there was no Christian Man that would contract such Marriages; that it may be was true in regard of the Greek Church which suffered it not, but not in regard of the Latin, where the Bishops of Rome grant Dispensations for two Brothers and two Sisters to marry, and I admire Balsamon knew nothing of it, or if he did, that he said nothing of it; seeing that even in the Age he lived, that is in the 12th. Century, there is found amongst the Latins, these kind of marriages. The Frier Blastares in the same Tome of Pandects but now mention'd, * 1.1 follows the Authority of Ancient Can∣nons, which prohibit the Marriages we now Treat of. Avitus of Vienna doth not otherwise, in his 14.15. and 16. Letters. I may also alledge against these same Marri∣ages, a great number of other Cannons, as the 18th. of the first Council of Orleans of the year 511, the 65 of of that of Agde in the year 506, the 30 of that of Epaume in the year 517, the 21 of the 2d. of Tours, Anno 567, the 30 of Auxer in the year 578, and several others which are, as well as these, in the first Volumn of French Councils, by Sirmondus; but it sufficeth what I have hi∣therto said, I shall only add, that I find not in any of the

Cannons, nor in others made a long time after on the same subject, I say, I do not find, there has been reserved to Bishops, nor to Popes, the right of dispensing in these occasions, because such marriages are prohibited, not only by Humane, but by Divine Laws, as the Fathers of the 2d. Council of Tours do plainly acknowledge, in the Cannon I but now mention'd.

But if it be prohibited to marry the sister of the De∣ceased Wife, our Discipline arrow_forward does not condemn marrying the sister of one contracted, that is dead, because it sup∣poses that an Alliance is not consummated but by Com∣mixtion of Blood, or as St. Austin speaks in Gratian, * 1.2 by commixture of Sex, saying, without this Accouplement there's no Marriage; nevertheless this arrow_back Discipline enjoyns to Act so as not to give distaste to the Civil Magistrate, nor weak Brethren scandaliz'd, there can nothing be more prudent, nor more Circumspect. Pope Alexander the 3d. in the Appendix of the Council of Latran, Anno 1180, reports this Decree from one Benedict his Prede∣cessor, of whom it had been demanded if one might marry the sister of one he had been contracted too, who died before accomplishment of the Marriage, * 1.3 We order and command by Apostolical censure, that it may be done without danger; for wherefore should I forbid what the Scrip∣ture never says was prohibited, and that the very Laws of the Land say nothing against, when they reckon up the persons betwixt whom it is not lawful to contract Marriage; and this shews by the way, * 1.4 that the Decrees which Gratian attri∣butes to Julius the I. and to Gregory the I. are but forged Decrees, or at least that they were of no use in the Roman Church.

Notes

• * 1.1

  Pag. 68, 59. Lett. ••. c. 9.
• * 1.2

  Cap. 27. q. 2.
• * 1.3

  Tom. 7. conc. pag. 692.
• * 1.4

  cap. 27. q. 2.