In the countries which embraced the reformation, a general relaxation took place in the prohibitions to marriage from consanguinity and affinity. In England, 32 Hen. VIII. c. 38 allowed all persons to marry who were not prohibited by the Levitical law; and according to the interpretation put on this statute, the prohibitions included all relations in the direct line, brother and sister, and collaterals, when one party is brother or sister to the direct ascendant or descendant of the other; the degrees prohibited in consan guinity being equally prohibited in affinity. The prohibitions from consanguinity have been held to extend to bastard relations. But down to 1835, marriages within the prohibited degrees were valid and the issue legitimate, unless the marriage had been annulled by a declaratory sentence of the ecclesiastical court. which could only be obtained while both spouses were alive. By act 5 and 6 Will. IV. c. 54, all marriages within the prohibited degrees of consanguinity and affinity were made absolutely void.
In Scotland, for a very short time after the reformation, the papal power of dispen sation was exercised by the crown. Acts 1567, c. 14, and 1567, c. 15, professing to take
the Levitical law as the standard, assimilated the prohibitions from consanguinity and affinity to those of England. Incest, or sexual intercourse with persons within the prohibi ted degrees, was, by the former statute, made a capital crime. As to marriages between bastard relations, the law of Scotland is in a doubtful state; but there is no prohibition against marriage with a relation however near of a person with whom one has had sexual intercourse.
In France, the code Napoleon prohibits marriage between ascendants and descend ants lawful or natural, and persons similarly connected by affinity; and in the collateral line between brothers and sisters lawful or natural, and persons similarly connected by affinity. Marriage between uncle and niece, and aunt and nephew, is also prohibited. In Spain and Portugal, the canon-law restrictions are in full force, with the correspond ing system of permissive dispensations. In various countries of Europe, as Denmark, no prohibitions from affinity, except in the direct line, are recognized. In most of the United States of America, marriage is allowed between uncle and niece.