Приложение VII. Из мемории частной духовно-гражданской комиссии в дирекционную комиссию о сочинении нового Уложение от 11 июня 1769 года 726

Clause 9. The degrees of kinship and properties intended by the spiritual-civil commission will designate only those in which marriage cannot and should not be entered into; and about those who will not be mentioned, about those who will be mentioned in one word, the intention is that they do not prevent marriage: about that there is no doubt. But the following questions require a resolution of the board of directors: 1) are the seven degrees considered prohibited for entering into marriage and inevitably dissolved, as it was until now, or will they be reduced by a few? for there were much less of them in the dominant church. 2) No matter how many degrees it was ordered to forbid marriage, the question is: in every prohibited degree, marriage must inevitably be dissolved, or in some cases, without dissolving, exactly penance is imposed, and what? And does it not belong to those who entered into a marriage without intention, due to ignorance of kinship and property, that the very penitence should be moderated? 3) If it is ordered that prohibited degrees of kinship and properties are divided into revocable and non-resolvable, then among the latter the intended spiritual-civil commission will include only the last two degrees of blood kinship or kinship, both in direct and indirect or collateral lines, and the three middle degrees by property or matchmaking, and the last two by property or matchmaking will be allowed. And the spiritual-civil commission understands relatives not only from the same male sex, in a direct line, both ascending and descending, one after another, but also from the female sex who are distributed, although they do not have the same title or surname, but are closer to relatives by blood. And the spiritual-civil commission understands those who are related by the spiritual-civil commission only those who become related by marriage from different families, from where the so-called matchmaking kinship occurs today; and therefore it will happen to stepchildren only that marriage will be completely prohibited; their already children, although it is also forbidden to enter into marriage between themselves, but those who have joined, he does not divorce, but further and completely permits, 4) Spiritual kinship exists only from holy baptism, but how far it should extend, the question will insist. And it seems that it will be enough to only prohibit those who baptized a child, children of those baptized with children, whose parents baptized them, and the parents of the godbrothers and sisters themselves, as well as the parents of both parties among themselves, but these latter marriages will not be dissolved. 5) As for the spiritual kinship, that is, adoption, it seems that it will be enough to make a non-revocable 727 prohibition only for those persons who adopt and are adopted, and three degrees except for the adopter and the adopted in the descending line will be prohibited only under the imposition of penance, and the others will be allowed. From the manuscript of the St. Petersburg Spiritual Academy No. 415, l. 232–233. Apparently, it should be read: revocable. You may be interested in: