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duty_n child_n parent_n word_n 3,980 5 4.9332 4 true
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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
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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as when it is said in the Prohibition of the Aunt by the Fathers side v. 12. Thou shalt not uncover the nakedness of thy Fathers Sister she is thy Fathers near Kinswoman And again v. 13. of the Aunt by the Mothers side Thou shalt not uncover the nakedness of thy Mothers Sister for she is thy Mothers near Kinswoman It is plain that though the Niece be at the same distance from me in the descending Line that the Aunt is in the ascending yet when the express Reason assigned in the Law why I may not marry mine Aunt is not because she is mine but my Father or Mothers near Kinswoman this is so far from darting any Prohibition upon my Niece that it is on the contrary plainly favourable and propitious to a Marriage in that Relation because my Niece who is my Fathers Grandchild is plainly at a further distance from him than mine Aunt who is his Sister and that for two Reasons First Because the one is an immediate Relation but the other by the interposition of a Son or Daughter betwixt is a Relation at the second remove and because no Man or Woman can get or bear Children by themselves without the Conjunction of another it is therefore only a Relation by the half Blood and if it be the Niece by the Brother there is not only the Half Blood to be considered but that that Half Blood it self is the more weak and uncertain Consanguinity of the two as hath been already frequently declared so that if the nearness to my Father or Mother be the express Reason assigned in the Law of Moses why I may not Marry mine Aunt no Man can with any shew of Reason infer from thence that I am forbid likewise to Marry my Niece because the distance is manifestly greater from the Fountain of Kindred and the Relation unquestionably more imperfect So also when it is said v. 14. Thou shalt not uncover the Nakedness of thy Fathers Brother thou shalt not approach to his Wife she is thine Aunt Here there are three things manifestly imply'd First That in the Levitical Prohibitions Consanguinities and Affinities are considered as the same and are prohibited to the same Degrees Secondly That the Reason of her being forbidden in Marriage is because she is my Brothers Wife that is in Construction of Law my Fathers Sister or near Kinswoman And Thirdly As in the two former Cases that this is done out of respect and honour to my Father with whom she stands upon the same Level or Horizontal Plane in the Scheme of Consanguinity or Affinity so that to Marry mine Aunt is to make my Fathers equal my inferiour and to subject her to the mean and servile condition of a Wife to whom I owe the Service and Honour of a Parent And this is the true Interpretation of those Words in this last place She is thine Aunt for every Man knows without the help of Revelation that his Fathers Brothers Wife is his Aunt but there is manifestly included in them an intimation of her Superiority over us by reason of her standing equal in the Table of Affinity with our Father or Mother and therefore she ought not to submit to have her Nakedness uncovered by her inferiour and dependant or put her self into a condition of Subjection to him from whom she may expect and challenge the Duty Service and Allegiance of a Son and therefore the Greeks called the Uncle and Aunt by the names of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 alluding as I suppose in the use of these words to the Antient Absolute and Arbitrary Power which all Parents had over their Children so that as to all the instances to which their Power or Possibility of Action could extend it self they were as absolute and unaccountable as God himself and were his Vicegerents upon Earth in their respective Families and the Vncle and Aunt were 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 they had as it were Aliquid divini juris in liberos liberasque fratrum sororum they had a right of Reverence and a natural claim of Duty and Respect from their Nephews and Nieces which were accounted but a remove from Children and laid so great a weight upon all their Advices Admonitions and Commands that to disobey them in any thing not very unreasonable was accounted an heinous Crime although their Power of Coercion were not all out so great as that of their natural and proper Parents And now from what hath been just now said it is plain that the Reason of that Law by which the Nephew is prohibited to Marry his Aunt being founded in these two things First In nearness of Kin which is greater to the Father in his Sister than his Grandchild Secondly In the superiority and preeminence of the Aunt over the Nephew I say it is plain that it cannot from either of these considerations be inferred by any Parity of Reason that the Marriage of an Vncle with his Niece is forbidden and with respect to the latter consideration the superiority is not violated by such a Marriage but rather pleased and gratified by it because it still continues where it was that is in the Vncle only by Marriage it is rendred more absolute and perfect so that unless contraries may by Parity of Reason be inferr'd from contraies there can be no inference from the Prohibition of an Aunt which shall debar or obstruct the Marriage of a Niece Fourthly It is certain that Amram took to Wife Jochebed his Fathers Sister and this could not be long before the giving of the Law for of that Match Moses and Aaron and Miriam were descended the thing is mentioned in more places than one of the Scripture without any manner of blame or reprehension and we are not rashly to suppose Persons that were so highly honoured by God with a Prophetick Spirit a gift of Miracles a Priestly Character annexed 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 indispensable 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 remained 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 shewn in so many and various respects to be so plainly a more favourable Case and therefore not being any where expresly forbidden it must continue still as it was prudential and