Page:An introduction to Roman-Dutch law.djvu/108

 Rh 68 THE LAW OF PERSONS Marriage The law of prohibited degrees was defined for Holland "°.*P!f- by the Political Ordinance of April 1, 1580,^ which forbids mitted J '■ 11JX9 within the marriage between: (1) ascendants and descendants,' Se^es!^*^ whether related by legitimate or illegitimate birth ;3 (2) collaterals of whom either is related to the common ancestor in the first degree of descent, e.g. brother and sister, uncle and niece, uncle and grand-niece, nephew and aunt.* In the latter class no distinction is made be- tween the whole and the half blood, and in both classes the prohibition extends to relations by marriage as well as to relations by blood and within the same degrees ; ^ that is to say, since a man may not marry his sister or sister's daughter, neither may he marry his sister-in-law or sister-in-law's daughter ; and so with all the other prohibited degrees of relationship. It must be observed, however, that though relationship by marriage is a dis- qualification within the prohibited degrees, this rule has no appMcation when more than one marriage intervenes G.P.B. 330. Pol. Ord., Art. 5 ; Gr. 1. 5. 6 ; Voet, 23. 2. 30. Groen. de leg. ahr. ad Dig. 38. 10. 8 ; V. d. K. Dictat. ad Gr. 1. 5. 6. ^ This is expressly enacted by Pol. Ord., Art. 8, by which ' it is for- bidden and interdicted for a man to marry blood relations of his deceased wife or for a woman to marry blood relations of her deceased husband '. But inasmuch as the Ordinance goes on to specify ' namely ' the cases enumerated in Arts. 8 to 11 (Vide Gr. 1. 5. 10-12), it was doubted whether the prohibition of the Ord. extended in regard to collateral affinity beyond the cases specifically stated. With regard to the ascending and descending lines of affinity no such doubt arose, a man being by universal consent prohibited from marrying his stepmother or mother-in-law, step-daughter or daughter-in-law; just as a woman from marrying her step-father or father-in-law, step-son or son-in-law. (Pol. Ord., Arts. 5 and 8 ; Gr. 1. 5. 10 ; Voet, 23. 2. 30). Nor were any exceptions admitted in the second degree of afSnity. In the third degree doubts arose, which were variously resolved. Thus the question of marriage with a deceased wife's brother's or sister's daughter re- mained open until definitely disallowed by the Publicatie van de Staten van Hollandt of May 21, 1664 (3 G.P.B. 606) ; Van Leeuwen, 1. 14. 13. Van Leeuwen gave an opinion in favour of marriage with a deceased wife's maternal aunt (Cens. For. 1. 1. 13.21). Van der Linden, however (1. 3. 6), says that the same prohibitions apply to affinity as to blood relationsMp and, since dispensations are no longer accorded, the modern law may be taken to be settled in this sense, subject to statutory modifications, where they exist. See on the whole subject, Loenius, Decis., Gas. 7, pp. 39-62; Eechtsg. Obs., pt. 4, no. 3 ; Hoola van Nooten, vol. i, pp. 383 S.
 * Pol. Ord., Arts. 6-7 ; Gr. 1. 5. 7-8 ; Voet, 23. 2. 31-2.