Unlawful Marriage
UNLAWFUL MARRIAGE:
AN ANSWER
TO
"THE PURITAN" AND "OMICRON,"
WHO HALE ADVOCATED, IN A PAMPHLET,
THE LAWFULNESS OF THE MARRIAGE OF A MAN WITH
HIS DECEASED WIFE'S SISTER.
BY
J. J. JANEWAY, D. D.
NEW-YORK:
ROBERT CARTER, 58 CANAL ST.
1844.
Entered according to Act of Congress, in the year 1844,
By ROBERT CARTER,
in the Clerk's Office of the District Court of the Southern District of New-York.
NEW-YORK:
JOHN F. TROW & CO., PRINTERS,
No. 33 Ann-street.
ADVERTISEMENT.
In writing this reply the author has sincerely sought the truth. He wishes the truth to be established, whatever may be the result of his labor.
That the reader may test his fairness, he has carefully noted the pages where may be found the passages on which he animadverts, and generally the paragraphs too. This will greatly facilitate the trouble of finding the passages.
With the same view, he has endeavored to mark accurately the book and chapter, and sometimes the page of the authorities to which he refers, or from which he quotes.
The author has no fondness for controversy; but having, for his own satisfaction, examined the question, he felt it to be his duty to do what might be in his power to defend the truth, and set forth the claims of what he believes to be a command of God.
- New Brunswick, Nov. 29, 1843.
ERRATA.
Page 64, line 6, read no law, for the law.
Page„ 78, line„ 6, read„ no law,nieces, for„ wives.
Page„ 114, line„ 17, read„ no law,seu for„ sue.
Page„ 117, line„ 2, read„ no law,110 for„ 118.
CONTENTS.
9 |
Remarks on the Puritan's historical facts.—His inaccuracies.—Selden.—Philo Judæus.—Misrepresentations of Jeremy Taylor.—Taylor's error.—Burnet.—Universities of Europe.—The Protestant Churches.—The national Synod of France |
18 |
Subject continued.—Grotius.—Calvin.—Selden.—Chief Justice Vaughan.—Jeremy Taylor.—Chancellor Kent.—Dr. J. P. Wilson.—Judge Story.—Change of sentiment.—Its Origin |
35 |
Consequences of the Puritan's principles.—Church destitute of a law of Incest.—Improbable |
54 |
Perpetuity of the Levitical law.—Proofs.—Puritan's argument.—His guide.—Criterion not rightly applied.—Turrettin.— Quotation from Chancellor Kent.—Quotations from Puffendorf.—From Selden and Grotius . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . |
64 |
The same subject continued.—First criterion.—Third criterion.—Second criterion |
79 |
The Levitical statutes belong not to the civil or judicial law.—An ecclesiastical law.—Unity of the Church.—The law not repealed.—Jewish code |
90 |
The Levitical statutes relate to marriage.—Opinion of Talmudists and Karaites.—Judgment of the Primitive Church.—Of the Reformed Church.—Argument of the Puritan.—His error shown |
103 |
The Levitical law a natural law.—Classification of the statutes.—Marshall's objection.—His singular mistake.—Proofs of its being a natural law.—How made known.—Opinion of jurists.—Summary of its prohibitions.—Chancellor Kent's definition.—The Puritan's objections answered |
135 |
Summary view of the Argument |
155 |
Marriage unlawful.—Rules of interpretation.—Proved to be correct.—Objections of Omicron and the Puritan answered.—Eight relations by affinity |
161 |
Subject continued.—Rules of interpretation.—Proofs that the marriage is unlawful.—Opinion of Basil the Great.—Meaning of near of kin.—Omicron's interpretation.—His error.—His imaginary relation.—But two kinds of relations |
181 |
201 |
This work was published before January 1, 1929, and is in the public domain worldwide because the author died at least 100 years ago.
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