Among the Romans, alliances between persons under the same _patria
potestas_—_i.e._, _cognati_ related within the sixth degree—were
_nefariæ et incestuæ nuptiæ_; but these prohibitions were gradually
relaxed. From the time of the Second Punic War, according to Livy,
even first cousins were allowed to intermarry; and in 49 A.D. the
Emperor Claudius, wishing to marry his niece Agrippina, obtained from
the Senate a decree that marriage with a brother’s daughter should be
legal, though marriage with a sister’s daughter remained illegal.[1842]
In the fourth century, however, Constantius again forbade such unions,
on pain of death.[1843] Afterwards, under the influence of the ascetic
ideas prevalent in the Church, the prohibited degrees were gradually
extended. Theodosius the Great forbade under the severest penalties the
union of first cousins, paternal and maternal; and at the end of the
sixth century the prohibition was extended even to the seventh degree.
This prohibition continued in force until in the Western Church it was
once more reduced to the fourth degree by the Lateran Council under
Innocent III. in the year 1215; that is, marriage was permitted beyond
the degree of third cousins.[1844] Such is the nominal law at the
present time wherever the canon law prevails.[1845]
Besides the prohibitions relating to actual kinship, there are, among
several peoples, others applying to marriage between relatives by
alliance. Among the Andamanese, a man or woman may not marry into
the family of a brother-in-law or sister-in-law.[1846] The Eastern
Greenlanders and the Eskimo of the north-east coast of America forbid
or disapprove of marriage with two sisters;[1847] and, according to
Dr. Daniell, the same rule prevails among the natives of Accra at
the Gold Coast, who even prohibit a man from marrying two cousins of
the same parentage.[1848] Again, several tribes in Western Victoria
do not permit marriage with a deceased wife’s daughter by a former
husband.[1849] But prohibitions of this sort do not seem to be very
common among savage and barbarous races. In many of the Indian tribes
of North America, all the daughters of a family are, as a rule, married
to the same man. A brother very frequently marries his deceased
brother’s widow; and, in Africa, a son often weds all his father’s
widows except his own mother.
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