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    1. Re: [TGF] Consanguinity and Canon Law: Relationship Between Marriage Partners
    2. Dave Liesse
    3. LeRoy, from the same web site you quote is this paragraph: "Consanguinity may be duplicated as arising from two sources: first, from two roots, e.g. two brothers marrying two women <http://www.newadvent.org/cathen/15687b.htm> who are cousins; the children of each brother will be related to those of the other in the second degree on the father's side, and in the third degree on the mother's side; second, from one root, but when the descendants intermarry. hence, where there is a double consanguinity, there is a double impediment which must be expressed in the petition for dispensation <http://www.newadvent.org/cathen/05041a.htm>; and should there be a more extensive duplication by still further intermarriages, all the forbidden degrees resulting from the blood-relationship should be mentioned in seeking dispensation <http://www.newadvent.org/cathen/05041a.htm>. In the petition for dispensation <http://www.newadvent.org/cathen/05041a.htm>, both series in the collateral consanguinity must be mentioned, though this is not necessary <http://www.newadvent.org/cathen/10733a.htm> for validity of the dispensation <http://www.newadvent.org/cathen/05041a.htm>. A special proviso is made when dispensation <http://www.newadvent.org/cathen/05041a.htm> is sought from collateral consanguinity. It must be mentioned, even for validity, if the one part is next of kin to the root or common ancestor and the other within the forbidden degrees; the sex of the next of kin should also be mentioned, because of the greater difficulty of the dispensation <http://www.newadvent.org/cathen/05041a.htm> for a nephew to marry his aunt. If the farthest should be in the fifth degree, there is even in that case no prohibition of marriage. The impediment of marriage arises also from any carnal intercourse, even outside of marriage, to the fourth degree of consanguinity. To consanguinity within the prohibited degrees may be added the gravamen of the crime of incest. If the incest were committed in the hope of facilitating the grant of a dispensation <http://www.newadvent.org/cathen/05041a.htm>, this circumstance must be mentioned in the petition for dispensation <http://www.newadvent.org/cathen/05041a.htm>; mention is also required if an attempt at marriage had been made, even if not consummated." I think your phrase, "double impediment of the 4th to the 4th degree of consanguinity," is simply saying that the double impediment (defined in the section I copied, above) is two impediments both at the 4th level. In other words, the 4th degree shares an impediment with the 4th degree. I'd be willing to bet that if, say, the husband and wife had a common ancestor but they were a generation apart, the phrase would be "double impediment of the 3rd to the 4th degree of consanguinity." Dave Liesse Skingco Services, LLC On 12/18/2012 16:12, LeRoy Atkins wrote: > Please help me understand the phrase “double impediment of the 4th to the 4th degree of consanguinity.” > > Do I understand that if my wife and I had a common 2nd great grandparent we would be 3rd cousins? > > Does a “double impediment” in the first instance indicate having two 2nd great grandparents in common? > > What does “of the 4th” mean? > > Does that mean four generations away from me? > > If my wife was “of the 3rd” would she be 3 generations way from our common ancestor? > > From the quote below it sounds if my idea is too simple? > > Thanks, > LeRoy > > The following is from a Catholic Encyclopedia accessed 18 December 2012 at http://www.newadvent.org/cathen/04264a.htm > > In calculating the degree of consanguinity special attention must be paid to three things, the line, the degree, and the stock or root. The stock, or root, is the common ancestor, or the person, male or female, from whom descend as from the nearest common bond the persons whose blood-relationship is to be determined. The degree is the distance of one person from the other in regard to blood-relationship. The line is the classified series of persons descending from the common stock through one or more generations. The line is direct when the series of persons descend one from the other, as father and son, grandfather and grandchild. The line is transverse, or collateral, when the blood-relations spring from a common stock, yet do not descend one from the other but form different branches side by side, as two brothers, two nephews. This collateral line is equal or unequal according as these persons derive equally or unequally from the same stock or root. The blood-relationship is computed according to the distance from the stock whence it is derived, and this is the rule by which the degrees or steps of consanguinity are determined. > > In the direct line the Roman civil and the canon law agree on the principle that there are as many degrees as generations; hence as many degrees as there are persons, omitting the stock or root. A son is one degree from his father, a grandchild two degrees from the grandfather. In the computation of the degrees of the transverse or collateral line there is a serious difference between the Roman civil and the canon law. The civil law founded its degrees upon the number of generations, the number of degrees being equal to the number of generations; thus between brothers there are two degrees as there are two generations; between first cousins four degrees, corresponding to the four generations. The degrees are calculated easily in the civil law by summing up the number of persons in each line, omitting the common ancestor. Except for marriage, the canon law follows regularly the computation of the civil law, e.g. in the question of inheritance. But the Canon law, in the collateral line of consanguinity, computes for marriage one series only of generations, and if the series are unequal, only the longer one. Hence the principle of canon law that in the transverse or collateral line there are as many degrees of consanguinity as there are persons in the longer series, omitting the common stock or root. If the two series are equal, the distance is the number of degrees of either from the common stock. Thus brother and sister are in the first degree, first cousins in the second degree; uncle and niece in the second degree because the niece is two degrees from the grandfather who is the common stock. Thus if Caius has two sons, Titius and Sempronius, and Sempronius has a son and grandchild, the relationship of the grandchild of Sempronius to Titius is in the third degree, because this grandchild is distant three degrees from the common stock, Caius. This rule holds if the common stock should only be one person; thus half-brothers and half-sisters, that is from either father or mother, are in the first degree. Children of the same father and mother are called german, as from the common germ; those of the same mother and not of the same father are called uterine, as from the same womb; and children of the same father and different mother are called blood-children. The legitimacy or illegitimacy of any member of the series does not modify the relationship as a bar to marriage. > The Transitional Genealogists List was created to provide a supportive environment for genealogists to learn best practices as they transition to professional level work. Please respect the kind intentions of this list. > ------------------------------- > To unsubscribe from the list, please send an email to TRANSITIONAL-GENEALOGISTS-FORUM-request@rootsweb.com with the word 'unsubscribe' without the quotes in the subject and the body of the message

    12/18/2012 10:19:29