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A63897 An abstract of the argument in Mr. Turner's papers concerning the marriage of an uncle with the daughter of his half-brother by the father's side Turner, John, b. 1649 or 50. 1686 (1686) Wing T3298A; ESTC R16211 16,140 41

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one of the Scripture without any manner of blame or reprehension and we are not rashly to suppose Persons that were so highly honour'd by God with a Prophetick Spirit a Gift of Miracles a Priestly Character annex'd for ever to the Family of the one and a Legislative Power invested by God himself in the Person of the other to have been spurious or illegitimate From whence it follows that whatever Reasons of Convenience or Interest there may be to hinder such Marriages from being entred into yet it was not a Matter of absolute and indispensible Obligation till after the giving of the Law by Moses and that if it had not been for the giving of that Law it would have remain'd still in the same prudential indifference which it had before for what is once Lawful must always continue so till a supervening Law forbids it and makes it unlawful But if the Marriage of the Nephew to his Aunt were a Marriage good and valid before the giving of the Law by Moses that of the Vncle to his Niece was much more it being in many repects a more favourable Case as shall be hereafter declar'd and therefore not being any where expresly forbidden it must continue still as it was Prudential and Indifferent and consequently Lawful For when Restraints are laid upon lawful things there is no Inference from the Prohibition of one thing to the Prohibition of another by parity of Reason whether pretended or real but the Prohibition stops within it self and extends no further than the Letter As if part of a Common Field should be enclos'd and this Enclosure establish'd and warranted by Law there lies here no Inference by parity of Reason for the Enclosure of the rest but what is not actually and legally enclos'd is Common and must remain open as it did before Besides That Moses by God's appointment should so severely forbid the Marriage of an Aunt with her Nephew a sort of Marriage of which he himself and his Brother Aaron were descended bringing by that means a sort of Aspersion and something that is at least very like a Reproach upon himself and his Family upon his Brother Aaron and the Family of Priests that were for ever after descended from his Loins and yet take no notice in the least of the Marriage of an Vncle with his Niece in which he was not concern'd but might have forbidden it without any manner of Reflexion upon himself or his Relations if God had intended to prohibit them both alike is a thing to me so incredible that nothing can be more and I presume it will appear so to every indifferent Person that shall reflect upon it Fourteenthly There is also the Case of Achsah and Othniel in the Books of Josuah and Judges in which if we understand the Text so as that Othniel who was the Son of Kenaz shall be the Half-brother of Caleb by the Mohters Side for Caleb was not the Son of Kenaz but Jephunneh then here is another Instance after the Law of the Vncle marrying his Niece the Daughter of his Half-Brother by the Mothers Side The words of the Text are these Jos 15. 17. Othniel the Son of Kenaz the Brother of Caleb took it Kirjath-sepher and he gave him Achsah his Daughter to Wise And again Judges 1. 13. Othniel the Son of Kenaz Caleb's younger Brother took it Kirjath-sepher Which words in both places may either be so interpreted that Othniel had this double Relation he was the Son of Kenaz and he was likewise Caleb's younger Brother by the Mothers Side and then Achsah the Daughter of Caleb will be Othniel's Niece and his Niece by a nearer Consanguinity than that in the Case before us Or else that Othniel was the Son of Kenaz which Kenaz was younger Brother to Caleb and so Othniel and Achsah will be Cousin-Germans Both of these Interpretations if there were nothing else but these words to be consider'd are very natural and easie but when we consider that after the Death of Caleb and Josuah the Children of Israel were made Captive by Cushan-rishathaim for the space of Eight years Judg. 3. 8. that God rais'd up this Othniel to be their Saviour and Deliverer out of the Hands of their Oppressor ver 9 10. and that the Land had rest afterwards under the Government of this Othniel for the space of Forty years no Man will ever think that Caleb and Othniel in that Age of the World could probably be the Sons of the same Mother when it is so plainly demonstrable that there was at least Forty nine or Fifty years difference between their Ages for to this Forty eight we must add One or Two more because before this Period began they were both Cotemporary and Caleb if he were Brother to Othniel was then the Elder by a Year or two at the least But this is not all Chap. 2. 8. we have an Account that Josuah died and ver 10. that all that Generation of which Caleb was one were gather'd to their Fathers and then before this Revolution of Cushan-rishathaim we have an account of several other Oppressions which the Jews for their many Sins and Provocations labour'd under So that the distance between the Age of Caleb and Othniel is still considerably greater than what hath been represented It remains therefore that Achsah and Othniel were Cousin-germans that is Brothers Children who in their Circumstance might lawfully marry for it appears that Achsah was an Heiress otherwise her Father could not have given her the South-land as he did and added afterwards to it the Vpper and the Nether Springs all which by the Mosaick Platform of Inheritance would otherwise have devolv'd upon the Male Issue If you ask how any Woman can be call'd an Heiress while her Father is yet living I answer That in strictness she could not yet be call'd by that Name there being no Inheritance necessarily devolv'd upon her but her Father was now so old that he was past the hope or expectation of any more Children For at the first entrance of the Children of Israel into the Wilderness he was one of the Heads of the Tribes Numb 13. 6. and one of those who together with Josuah and others v. 17. were sent by Moses to spy out the Land of Canaan After this they remain'd in the Wilderness Forty years and Josuah who seems to have been much of the same Age with Caleb soon after his entrance upon the Land of Canaan died being at his death of the Age of an hundred and ten years Jos 24. 29. Judg. 2. 8. And if we allow Ten or Twenty years by which Josuah without any Reason that appears shall be suppos'd to be older than Caleb the Age of Caleb at the Marriage of his Daughter Achsah will be an Hundred or Ninety at least Wherefore being so old and unfit in Person to be at the Head of a vigorous Assault he propounds the taking of Kirjath-sepher to some other with a Reward He that smiteth