The Question of Incest, Relatively to Marriage With Sisters in Succession
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42 The Question of Incest relatively to Further : there is a provision in the law which limits the application of it to persons living in the same vicinage. It was not to be put into force as against any one residing at a remoter distance.
Clearly, the exemption was granted on account of inconveniences which might else have arisen. It is important that this should be noted, for the guidance it affords to the judgment. If a sole and special relationship, the relationship namely of brother to the... widow's former husband, had for any reason been held to enter into the essence of the law (as the interpreters of the supposed levirate law would say it did), then it seems scarcely explicable why this essential element should be set aside so readily, on account of a few miles more or less of local distance. That it was to be so set aside would seem to admit of no dispute. Let it be supposed a matter of English law, that some burthen or duty was laid on persons living in a specified place or in its immediate neighbourhood, — say, for instance, a pecuniary mulct, to be levied by assessment, on occasion of the murder of some public functionary in Ireland, upon the inhabitants of a district, — and let it be supposed that it was sought by the collectors of the fine to include as contributories persons out- side the said district, that is, residing at a greater than the intended distance, the lawyer appearing in a court to resist such levy would plead, irresistibly and successfully, exemption on this ground.
What to read after The Question of Incest, Relatively to Marriage With Sisters in Succession?
You can find similar books in the "Read Also" column, or choose other free books by Duke, Henry H. (Henry Hinxman) to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
42 The Question of Incest relatively to Further : there is a provision in the law which limits the application of it to persons living in the same vicinage. It was not to be put into force as against any one residing at a remoter distance.
Clearly, the exemption was granted on account of inconveniences which might else have arisen. It is important that this should be noted, for the guidance it affords to the judgment. If a sole and special relationship, the relationship namely of brother to the... widow's former husband, had for any reason been held to enter into the essence of the law (as the interpreters of the supposed levirate law would say it did), then it seems scarcely explicable why this essential element should be set aside so readily, on account of a few miles more or less of local distance. That it was to be so set aside would seem to admit of no dispute. Let it be supposed a matter of English law, that some burthen or duty was laid on persons living in a specified place or in its immediate neighbourhood, — say, for instance, a pecuniary mulct, to be levied by assessment, on occasion of the murder of some public functionary in Ireland, upon the inhabitants of a district, — and let it be supposed that it was sought by the collectors of the fine to include as contributories persons out- side the said district, that is, residing at a greater than the intended distance, the lawyer appearing in a court to resist such levy would plead, irresistibly and successfully, exemption on this ground.
What to read after The Question of Incest, Relatively to Marriage With Sisters in Succession?
You can find similar books in the "Read Also" column, or choose other free books by Duke, Henry H. (Henry Hinxman) to read onlineMoreLess
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