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A63896 Addenda & mvtanda, in the late defence of the marriage of an uncle with his niece being the daughter of the half-brother by the father's side / by the author of that defence. Turner, John, b. 1649 or 50. 1686 (1686) Wing T3298; ESTC R6190 18,827 51

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indifferent and consequently lawful For when restraints are lay'd 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 Gods 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 Loyns 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 reflection 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 Fifthly There is also the Case of Achsah and Othniel in the Books of Joshua 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 Mothers side for Caleb was not the Son of Kenaz but Jephunneth 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 Wife And again Judg. 1. 13. Othniel the Son of Kenaz See also g. 3. 9. Calebs 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 Calebs younger Brother by the Mother's 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 considered are very natural and easie but when I consider that after the Death of Caleb and Joshua the Children of Israel were made Captive by Cushan-rishathaim for the space of Eight Years Judg. 3. 8. that God raised up this Othniel to be their Saviour and Deliverer out of the Hands of this Oppressor v. 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 differance between their Ages for to this Fourty 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 c. 2. 8. we have an account that Joshua dy'd and v. 10. That all that Generation of which Caleb was one were gathered 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 laboured 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 Southland 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 devolved upon the Male Issue If you ask how any Woman can be called an Heiress while her Father is yet living I answer That in strictness she could not yet be called by that name there being no Inheritance necessarily devolved 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 Joshua and others v. 17. were sent by Moses to spy out the Land of Canaan after this they remained in the Wilderness Fourty Years and Joshua who seems to have been much of the same Age with Caleb soon after his entrance upon the Land of Canaan dy'd being at his Death of the Age of an Hundred and ten Years Josh 24. 29. Judg. 2. 8. And if we allow ten or twenty Years by which Joshua without any reason that appears shall be supposed to be older than Caleb the Age of Caleb at the Marriage of his Daughter Achsah will be an Hundred or Ninety at the 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 Kirjath-sepher and taketh it saith he to him will I give Achsah my Daughter to Wife not that any one Man could take a City or Town by himself or that every Man was fit to Command a Party or that the Inheritance which was to go along with Achsah could be legally diverted from Othniel who was the next Heir Male of that Family only by these general words he propounds the Conduct of the Expedition to Othniel with Promise upon Success that he should immediately be Married to his Daughter which the Old Man during his Life time was not obliged to permit and have part of the Inheritance in hand before hand And this is the true State of this Case which though in it self it be nothing to our purpose yet there is an use that may be made of it and that is this That it would be very strange if God had intended equally to prohit the Marriage of an Vncle with his Niece as of an Aunt with her Nephew not only that he should no where expresly prohibit the former of these as he hath done the latter but that the Holy Spirit in this particular Case of Achsah and Othniel should speak of the Marriage of Cousin Germans