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
[Footnote 662: "They that will, from this Example, be fond of
Marrying Cousin-Germans, Let 'em!"--_Ibid._, II, 19.]
[Footnote 663: _Ibid._; _cf. ibid._, I, 290-93, where Sewall
opposes the marriage of his cousin John Sewall with the _widow_
of the latter's cousin german; also _ibid._, I, 17; and his
_Diary_, in 5 _Mass. Hist. Coll._, V, 96, 424, for further
illustrations.]
[Footnote 664: The Mosaic code does not clearly prohibit marriage
with a _deceased_ wife's sister: Lev., chaps. 18, 20; Deut.,
chaps. 23, 27. _Cf._ MIELZINER, _Jewish Law of Marriage and
Divorce_, 31-40; and chap. xi, sec. ii, _b_.]
[Footnote 665: WHITMORE, _Col. Laws of Mass._ (1672-86), 102;
_Mass. Col. Rec._, IV, Part II, 454.]
[Footnote 666: They published the decision in a printed tract of
eight pages: _The Answer of Several Ministers to that Case of
Conscience whether it is Lawful for a man to Marry his Wife's own
sister_: GODDARD, in _Mem. Hist. Bost._, II, 415 n. 2.]
[Footnote 667: "Friday, June 14. The Bill against Incest was
passed with the Deputies, four and twenty Nos, and seven and
twenty Yeas. The Ministers gave in their Arguments yesterday in
Writing; else it had hardly gon, because several have married
their wives sisters, and the Deputies thought it hard to part
them. 'Twas concluded on the other hand, that not to part them,
were to make the Law abortive, by begetting in people a conceipt
that such Marriages were not against the Law of God."--SEWALL,
_Diary_, in 5 _Mass. Hist. Coll._, V, 407; _cf._ MCKENZIE, in
_Mem. Hist. Bost._, II, 197.]
[Footnote 668: But, on the other hand, marriage with a husband's
brother or nephew is not expressly prohibited; _cf._ 5 _Mass.
Hist. Coll._, V, 407, note.]
[Footnote 669: _Acts and Resolves_, I, 209; also _Charters and
General Laws of Mass._, 283. GODDARD, _Mem. Hist. Bost._, II, 415
n. 2, is plainly in error when he says that this act "suggested
the leading incident of HAWTHORNE'S _Scarlet Letter_." It
probably originated in the similar law, already mentioned, for
the punishment of adultery which is expressed in nearly the same
words: see _Acts and Resolves_, I, 171.]
[Footnote 670: 5 _Mass. Hist. Coll._, V, 407 n. 1.]
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