branch of a branch from her; and it is inconceivable that the child
Ihould be a branch of a branch from her, unlefs the fornicator were
confidered as a branch from her, and the grandmother the root
of the fornicator: and the fame reafoning applies with refpect to the
daughter.
I f a woman-touch a man in luft [i. e. manu penem fricans, ftuprum
excitat,] the mother and daughter of that woman are thereby prohibited
to him.—-Shafei fays that they are not prohibited. And the
fame difference of opinion obtains in cafes where a man touches a
Woman in lull, or fees the pudendum of a woman; or where a
woman fees the yard of a man in luft; in all which inftaaces our
electors hold that the mother or daughter of fuch woman are rendered
unlawful to the man: but Shafted maintains a contrary fentiment,
arguing that feeing or touching do not amount to the absolute a£t,
infomuch that the ufual ceremonies required by the law, after the
carnal aCt * , are. not here neceffary.— T a this our doctors reply, that
fuch aCfcs as.thofe, being a caufe of copulation, ftand as that conftruc-
tively.—>It is to be obferved, that by touching in luft, with refpeCt to
a man, is meant producing a priapifm wkh the hand, or increafing
the turgudity of the virile member, by the fame means, where the
priapiftn already exifts.— This is an approved definition of that phrafe,
as to the term luft,. with refpedt to young men in full vigour and equal
to the performance of coition; but with refpedt to old men, and
Inneens (or perfons naturally impotent,) the exciting of lull amounts
only to caufing the heart to beat more quickly than ufual, or increafing
that palpitation where it already exifts.— By the exciting of luft in
women or eunuchs is underftood limply caufing a defire of coition,
or increafing that defire where it already exifts.------ Thefe definitions
are recited at large in the Fatdvee Alumguier.ee. By feeing the pudendum
o f a woman is underftood, feeing the entrance of the vagina,
* Such its ablution, and fo forth.
which
which is not fuppofed practicable unlefs fhe be in a reclining
pofture.
I f a man indulge in lewdnefs with a woman until he produce an
emiffion, feme have faid that this oecafions Hoormat-Moofdlnrat, or
prohibition from affinity, [with refpeCt to the kindred of that woman;]
but it is certain that this does not occafion prohibition, becaufe the
man, by producing an ex-vulval emiffion, manifefts that coition was
not his intention; wherefore it does not ftand as fuch. And, in like
manner, if a man enter a woman in ano, feme have faid that this
oecafions prohibition from affinity, as fuch an act amounts to touching
in luft; but it is certain that this does not occafion prohibition, becaufe
the carnal conjunction of the fexes does not ftand as procreation on any
other principle than as it may be the occafion of offspring, which it
cannot poffibly be from the performance of the aCt as above de-
feribed.
If a man repudiate his wife, either by a complete or a reverftble
divorce, -it is not lawful for him to marry her lifter until the expiration
of her E d it* .— Shafei maintains that it is lawful, becaufe by
either of thofe forms of divorce the former marriage was completely
diffolved, infomuch that i f a man were to have carnal knowledge of
his repudiated wife during her E d it, knowing the illegality of the
feme, he would be liable to the puniffiment for whoredom. T o this
o-u-r doCtors reply, that whatever the nature of the divorce may have
been, whether veverfible or complete, the marriage, with the firft
lifter does ftill, in fadb continue during her E d it, in virtue of the
contmuance of feveral of its effe&s, fuch as maintenance, and cuftody,
and inability to marry another man; neither does it appear, in the
book of divorce, that any pumiflametit for whoredom is fpeoified in the
* The time of probation, which- a divorced woman is to wait before Ihe can-engage
in a fecond marriage, In order.to datermine whether or not ihe .be ..pregnant by the former.
See Boole I V . Chap. XII.
A man eartrtat
marry the
filler o f his
repudiated '
wife during
her Edit.
M 2 cafe