A History of Matrimonial Institutions, Vol. 2 of 3Howard, George Elliott
History
A History of Matrimonial Institutions, Vol. 2 of 3
Howard, George Elliott
Families; Marriage -- History
"It is certain that the Old Testament does not directly condemn
such marriages, and it is very doubtful whether it condemns them
even by inference. It is not at all doubtful that it sanctions,
and sometimes eminently blesses, polygamy; that it strictly
enjoins that, in every case of adultery, both parties should
be put to death; that it makes it a capital offence for a man
to have intercourse with a woman who, though unmarried, was
betrothed to another; that it commands that a man who had defiled
an unbetrothed virgin should be compelled to marry her; that
it forbids marriage with aliens in religion; that it not only
permits, but enjoins a man to marry the widow of his deceased
brother if she had no children, or only daughters, which could
scarcely be the case if such marriages of affinity were in their
own nature incestuous. It is not easy to understand the process
of mind which, among all these provisions of the Jewish code,
selects a very doubtful inference condemnatory of marriage with
the deceased wife's sister as alone binding on the conscience of
the Imperial Parliament."--LECKY, _op. cit._, II, 216, 217.]
[Footnote 296: LECKY, _op. cit._, II, 215; _cf._ ALLEN,
_Opinions_, 36.]
[Footnote 297: Russia appears to be the only important European
exception: HUTH, _op. cit._, 130, 131.]
[Footnote 298: For abundant proofs of what Mr. Lecky would call
the "insularity" of the English mind in this regard, see the
mass of matter--letters, speeches, and declarations of prelates,
noblemen, and private persons--contained in that marvelous
monument of mediævalism, the two volumes of _Tracts Issued by
the Mar. Law Defence Union_. Mr. Gladstone's speeches are a
conspicuous example: _ibid._, II, 174 ff.]
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