CHAPTER III.

OF CASES OF MARRIAGE.

Sect. 1. A question relative to a man having two wives, answered in 1790.

of

THE following case from the Session of Mount Sion Church, in Fayette County, Kentucky, was referred to the Assembly for counsel: viz. "Respecting a married man, who left Ireland a number years ago, leaving his family behind him, with hopes of providing better for them in this country: He afterwards returned to Ireland three sundry times, with an intention of bringing in his family: but by no arguments could his wife be persuaded to come with him; and the last time peremptorily refused all further cohabitation. He afterwards returned, and remained in single life ten years, in this country: He is since married, and has children in second marriage. His wife and he are desiring communion. The Assembly's judgment is hereby humbly requested, how, or whether, such persons, or any of them, can be admitted to the communion of the church.

From Mount Sion Session, in Kentucky;-By appointment. April 10th. 1790.

ADAM RANKIN, Moderator.

The consideration of this case was deferred till the afternoon.

The Assembly resumed the consideration of the case referred from the Session of Mount Sion in Kentucky, for counsel; and after some time spent in deliberation on the subject, were of opinion, -That a man in circumstances such as the case has stated, ought not to be admitted to the privileges of the church.-But, in order to give as much information as possible to the Session of Mount Sion, the Rev. Dr. Samuel L. Smith was requested to prepare a draught of a letter to that Session, stating the reasons on which the above opinion is founded;-who, after some time, reported the following, which was agreed to: viz.

"The General Assembly to the Session of Mount Sion Church.

On the subject of your application to this judicatory, relative to a man who has married a second wife, while his first is yet living, without having obtained a legal divorce from her, the Assembly, from the view of the facts, as stated in the written application of the Session, have judged that this man ought not to be admitted to the pri vileges of the church: Because, although wilful and obstinate desertion is a legal cause of divorce, yet it does not appear that this man has actually been divorced from his wife; and it is improper and dangerous to receive to church communion such persons as in the eye of the civil law are living in vice: And although a good man may sometimes be oppressed by power, and prevented from obtaining a divorce where sufficient causes exist; yet it does not

appear from your representation that he has used the proper means to obtain a legal divorce, nor even to authenticate the facts upon which he founds. his application for the privileges of the church, by sufficient evidence from Ireland-the place in which they happened, and where alone they can be substantiated: and it is contrary to all just rules of proceeding to take any evidence or representation ex parte. But, the decision of the Assembly notwithstanding, if it shall appear that this man was separated from his wife by her wilful and obstinate desertion, and that he has taken all just means to obtain a divorce to which he was lawfully entitled, but was prevented and oppressed by the power of antagonists or of unjust courts; and if he shall, moreover, produce such evidence of these facts, from the place in which they happened, as would entitle him to a divorce by the laws of this land, and of this church; then, in that case, it is the opinion of the General Assembly, that such a man, behaving himself otherwise as a good christian, may be admitted to church privileges. But, in such case, it is necessary that the most authentic evidence be required, and great caution used, both that the proceedings of the church may not be inconsistent with the civil law, and that a door be not opened to laxness, on this important subject of morals.

Signed by order of the General Assembly.Vol. I. p. 21, 22.

Sect. 2. A question relative to a man married to his wife's brother's daughter, answered by the Synod, in 1772.

A reference from the First Presbytery of Philadelphia, respecting this question: viz. Whether a man may lawfully marry his wife's brother's daughter, was brought in and read, and the consideration of it deferred till the afternoon.

The further consideration of the reference from the First Philadelphia Presbytery was deferred till next year.-1770. Page 194.

In 1771 the case again deferred.-Page 209.

The case referred to this Synod by the last, respecting marriage, came to be considered; and after some time spent in the affair, it was deferred till tomorrow morning; and Messrs. M'Whorter, Strain, Matthew Wilson, and George Duffield were appointed a committee to prepare a minute on the case, and bring it in to-morrow morning.Page 222.

The committee appointed yesterday upon the case respecting marriage, brought in a minute, which, after being corrected, was approved, and is as follows: After mature deliberation the Synod declare their great dissatisfaction with all such marriages as are inconsistent with the Levitical Law, which in cases matrimonial we understand is the law of our nation; and that persons intermarrying in these prohibited degrees, are not only punishable by the laws of the country, but ought to suffer the censures of the church: And farther judge, though the present case is not a direct violation of the express words of the Levitical Law, yet as it is contrary to the custom of Protestant nations in general, and an

evidence of great untenderness; and so opposite to such precepts of the Gospel as require Christians to avoid things of ill report, and all appearance of evil, and what is offensive to the church; that the persons referred to in this instance ought to be rebuked by the Church Session, and others warned against such offensive conduct: and in case these persons submit to such rebuke, and are in other respects regular professors, that they be not debarred of Christian privileges. And Mr. Hunter is ordered to read this minute publickly in his congregation, where the persons live referred to in the above case. Page 223.

Sect. 3. A question relative to a man married to his deceased wife's half brother's daughter, answered by the Assembly, in 1797.

A reference from the Synod of Virginia was received, through the Committee of Overtures, respecting a certain C- M- -, who had married his former wife's half brother's daughter, requesting the opinion of the Assembly, whether such persons may be admitted to Church privileges. Whereupon resolved, that, though the Assembly would wish to discountenance imprudent marriages, or such as tend in any way to give uneasiness to serious persons, yet it is their opinion, that the marriage referred to is not of such a nature as to render it necessary to exclude the parties from the privileges of the church. Vol. I. p. 148.

Sect. 4. A question relating to a man married to his deceased wife's sister's daughter, answered,

in 1799.