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 CONSANGUINITY

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CONSANGUINITY

of his age. The purity of his life was the more ad- mired because in his position he had to mingle much with a worldly society. He was devoted to works of charity and religion; the poor knew him as their friend, and in his exercises of devotion he was most punctual. Finally he was very unselfish and disin- terested. He served the pope and the Church loy- ally without looking for personal advantage. He never asked for a position, e.xcept for that of Uditore di Rota, which appeared desirable owing to the studies he had made and the great opportunities it offered for travelling during the vacation months. The many gifts, pensions, or legacies, offered him, and at times persistently, by friends, admirers, and patrons, were invariably declined. All in all, both for the work he accomplished and for his personal character, Consalvi is one of the purest glories of the Church of Rome.

Cretine.\u-Joly, Memoires du Cardinal Consalvi, ed. Drochon (Paris, 1895); Wiseman, Recollections of the Last Four Popes (London, 1S5S): Rinieri, La diplomazia pontificta nel secolo XIX (Rome, 1902); Idem, II congresso di Vienna e la Santa Sede (Rome, 1904); Theiner. Histoire des deux con- cordats (Paris, 1869) ; Artaud, Histoire du Pape Pie VII (Paris, 1837); WER.NER in Kirchenlex. (Freiburg, 1884), s. v.; Niel- sen in Realencyk. f. prol. ThcoL, s. v.

Francis J. Sch.\efer.

Consanguinity (in C.\non Law), a diriment im- pediment of marriage as far as the fourth degree of kinship inclusive. The term consanguinity here means, within certain limitations defined by the law of nature, the positive law of God, or the supreme au- thority of State or Church, the blood- relationship {ctignatio naturalis), or the natural bond between per- sons descended from the same stock. In view of the recognized descent of all men from one common stock, there is a general blood-relationship between all men ; hence the limitation mentioned has reference to the nearest root or source of consanguinity. This bond or union of blood takes place in one case through the descent of one person from the other ; this is called the direct line. In another case it takes place because the common blood is drawn from a common root, the same ancestor, from whom both persons descend, though they do not descend one from the other, and are therefore not in a direct but in a transverse or col- lateral line. By the law of nature, it is universally conceded, marriage is prohibited between parent and child, for the reverential relation between them is rec- ognized as incompatible with the equality of relations engendered by the bond of marriage. The universal sentiment of peoples is likewise opposed to marriage between all persons related in any degree in the direct line, thus between grandparent and grandchild.

History of Impedi.ment. — Because of the acknowl- edged derivation of the human race from the common progenitors, Atlam and Eve, it is difficult to accept the opinion of some theologians that the marriage of brother and sister is against the law of nature ; other- wise the propagation of the human race would have begun by violation of the natural law. It is readily imderstood that, considering the freedom of inter- course between such persons, some effort would soon be made (in the interest of the social welfare) to pre- vent early corruption within the close family circle by placing a bar to the hope of marriage. Hence among all peoples there has arisen a natural repugnance to the marriage of Ijrother and sister. Some theologians siippo.se herein a positive Divine law, but it is not easy to point out any such early Divine enactment. Abra- ham married Sarah who was his sister by his father, though of a different mother (Gen., xi; cf. Gen. xx, 12). Marriage wtus allowed at Athens with half-sis- ters by the same father (Plutarch, Cim., iv; Themist., xxxii), with half-sisters by the same mother at Sparta (Philo, De Special. Leg., tr. Yonge, III, 306), and with full-sisters in lOgypt (Diodorus Siculus, I, 27) and Persia, ius illustnited in the well-known instances of

the Ptolemies in the former, and of Carabyses in the latter, country (Herodian, III, 31). For c r^ood sum- mary of non-Christian customs In this respect see Melody, "Marriage of Near Kin" in "Catholic Uni- versity Bulletin" (Washington, Jan., 1903, pp. 40- 60).

In the earlier history of the human race there was a tendency in a family group to keep marriages of its members within the group. Of this we have exam- ples in the marriage of Isaac and Rebecca (Gen., xxiv) and Jacob and Lia-Rachel (ibid., xxix). We know from Exodus, vi, 20, that Amram took Jochabed, his father's sister, to wife, and she bore him Aaron and Moses. The Mosaic Law, however, introduced im- portant modifications into the arrangements of mar- riage or carnal intercourse between near relations by blood as also by affinity; these modifications were founded mainly upon the sharpened instincts of hu- man nature and the importance of guarding against the dangers of corruption from the intimacy of very near relations, which prompted the cutting off all hope of covering past impurity by subsequent marriage. Undoubtedly this danger increased the instinctive natural repugnance to marriage between those con- nected by the closest ties of blood and family affection. These prohibitions relating to consanguinity, between a man and the " flesh of his flesh ' ', are contained mainly in Lev., xviii, 7-13, and xx, 17, 19. Specific prohibi- tions are here made with regard to marriage or carnal intercourse with a mother, granddaughter, aunt by blood on either side, sister, or half-sister, whether "born at home or abroad". This expression has generally been understood as equivalent to " in or out of wedlock". Yet, as late as David's time, the lan- guage of Thamar towards her half-brother Aninon (II K., xiii, 13) seems to imply the possibility of their union with consent of their father, perhaps because he was also king (for a contrary opinion see Wemz, Jus Decretalium, Rome, 1894, II, 634). Some theologians held the daughters of Lot (Gen., xix, 30-38) some- what excusable because they thought that the humar race had been swallowed up by fire, and could be con- tinued through their father alone (Kenrick, De Im- ped. Matr., ch. v, p. 318).

In early Roman times marriage of cousins was nol allowed, though it was not infrequent after the Seconc Pimic War. Marriage between uncle and niece waj unlawful among Romans. Consanguinity in the di rect line, to any extent, was recognized by the Churcl as an impediment to marriage. Worthy of notice i the declaration by Nicholas I (858-67) in his letter ti the Bulgarians, that " between those pereons who ar related as parents and children marriage cannot b contracted, as between father and daughter, grand father and granddaughter, or mother and sor grandmother and grandson, and so on indefinitely' Billuart, however, calls attention to the fact that Innc cent III, without distinction of lines, allows indiscrin; inately infidels converted to Christianity to retai their wives who are blood-relations in the second dt, gree. Other theologians take it for granted that th declaration of Innocent III has no reference to the il rect line. In the early ages the Church accepted tli collateral degrees put forward by the State as an in pediment to marriage. St. Ambrose (Ep. Ix in P. I. XVI, 1185) and St. Augustine (De Civ. Dei, XV, xv approved the law of Theodosius which forbade (c. 3S- the marriage of cousins. This law was retained in tl Western Church, though it was revoked (400\ : least in the East, by Areadius, for which re:iso doubtless, the text of the law has been lost. The ( 'o( of Justinian permitted the marriage of first cousir (consobrini), but the Greek Church in 692 (Secoi Trullan Synod, can. liv) condemned such marriage and, according to Balsamon, even those of secoi cousins (sobrini).

This di.scipline continued throughout the Chun