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"That he who has married two sisters or a niece [or, as some translate, a cousin] cannot become a clergyman." It contains no prohibition, but testifies to the fact that such marriages were not unusual. In point of fact, therefore, the Apostolical Canons are valueless as an authority as to the lawfulness or unlawfulness of the disputed marriage, or even as to the date of the first notice of the subject in the Christian Church. Ferdinand Mendoza, who is a very competent authority, says, on the 61st Canon of the Council of Eliberis: "The first decree of the Church, as I think, committed to writing, in which it was enacted that matrimony is hindered by affinity, appears to be this of the Spanish bishops, the ancient law of the Romans being abrogated, according to which it was lawful to contract marriage with a deceased wife's sister." [1] This Canon is distinct and express in imposing five years' excommunication on him who entered into a marriage of this nature. But this Council was held about 305, still leaving the most important period without any notice of the subject. It was, besides, only a small Provincial Council, and does not, therefore, express the mind of the universal Church. Thus, the assertion that, "In matter of fact, the same marriages which are forbidden in the Levitical law, as now interpreted in the English Church, have been held to be forbidden in the Christian Church from the first, is left unproved. If it could be shown that at this time there were other Provincial Councils all over the Christian world, which, by making similar canons, exhibited the mind of the universal Church, such unanimity would go far to prove the Church's original practice. But this canon of Eliberis stands absolutely alone. Besides,
- ↑ "Primum ut opinor ecclesiæ decretum literis consignatum, quo constitutum est, matrimonium affinitate impediri, hoc Hispanorum episcoporum videtur, antiquo Romanorum jure abrogato, quo licebat cum defunctæ uxoris sorore matrimonium contrahere."
