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A64753 The reports and arguments of that learned judge Sir John Vaughan Kt. late chief justice of His Majesties court of Common Pleas being all of them special cases and many wherein he pronounced the resolution of the whole court of common pleas ; at the time he was chief justice there / published by his son Edward Vaughan, Esq. England and Wales. Court of Common Pleas.; Vaughan, John, Sir, 1603-1674.; Vaughan, Edward, d. 1688. 1677 (1677) Wing V130; ESTC R716 370,241 492

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be of an universal Prohibition of Carnal knowledge in all the Degrees there specified though such Prohibitions might be to the particular Nations mentioned in Leviticus and Deuteronomy to be therein defiled but that is most improbable too 2. The defiling there mentioned may be intended of Sodomy Buggery Incest with the Mother the Fathers wife the Soror uterina Adultery agreed by the Jews to be universally prohibited which they term Leges Noachidarum and which are the Offences last mentioned in the Eighteenth of Leviticus before vers 24. before cited 3. The marriages of many persons eminently in Gods favour before the Mosaical Law as Abrahams marrying Sarah his Sister by the Father Jacob's marrying two Sisters Amram's Moses his Father marrying Jochebed his Fathers Sister Marrying the Brothers wife as in the Story of Onan before the Mosaical Prohibitions Nachor's Abrahams Brother marrying Milcah his Brother Harams daughter and the strong Opinion that Judah himself married Thamar his Daughter in law as well as he had Coition with her c. permits not to believe many Copulations mentioned in Moses his Prohibitions to have been before universally prohibited 4. If among the Nations cast out before the Jews as defiled in these things Humane Laws had been made among them as in every Nation of the Gentiles was usual to prohibit some marriages for nearness of Cognation and those Nations had not observed but transgressed their own Laws as is usual in all places to offend against their known Laws God might therefore punish them as daily he doth and did always the Gentiles for not keeping their own Laws vid. Paul to the Romans per totam Epistolam 5. Though men cannot justly make people suffer but for transgressing Laws which they might have kept yet the Numen who is just when he exerciseth absolute Dominion over his Creatures may inflict sufferings upon a Nation for doing things he likes not and therefore call such things abominable as there is an Ill which begets the making of Laws to obviate and prevent it as well as an Ill in transgressing Laws when they are made And he which doth contrary to natural prudence and his own perswasion of what is best may incur the displeasure of the Numen as well as for transgressing a Rule or Law which he might have kept And though this way of punishing is not proper to men it is as proper as the other to the Deity to whom mans thoughts purposes ends and means are open That the abstaining from Incestuous marriages according to Moses his Law was a part of the Mosaical Law precepted to be observed by the Gentiles at that Council I think can be little doubted and not the abstaining from what is accounted simple Fornication which even by Moses his Law was often satisfied by marriage of the woman and often by mony But it seems difficult How that Precept or the observance of it could either cause or preserve Communion between the Jews and the Gentiles as those others did concerning abstinence from Meats prohibited to the Jews and not to the Gentiles For first Alliance and Affinity between the Jews and the Gentiles before and by the Law of Moses was absolutely forbid though the Gentiles as many of them did for many prohibited marriages had abstained by their own peculiar Laws from all those marriages prohibited the Jews Therefore their Communion by Alliance or Affinity had received no advancement by abstaining from Mosaical Incests in that respect But besides the general Interdict of Alliance with the Gentiles the Iews were interdicted in a special manner any alliance or conversation with the Nations whose Land they were to enjoy and inherit and who were cast out before them as being defiled in all those Copulations of Kindred prohibited the Jews Lev. 18. v. 24 c. as appears from Verse the Four and twentieth to the end of the Eighteenth Chapter of Leviticus and which Iniquity was visited by making the Land vomit out the Inhabitants 2. Verse the Thirtieth the Jews are charged not to commit any one of those abominable Customes committed before them and if they did they were punished by death as appears Leviticus the Twentieth This was enough to cause a particular detestation and abhorrency in the Jews of such who accustomed themselves to such marriages or any of them above others of the Gentiles 3. The Nations cast out of their Land for committing those things Deut. 7. v. 1. appear to be Seven The Hittite the Girgashite the Amorite the Canaanite the Perizzite the Hivite and the Jebusite whose names they were commanded to destroy from under Heaven Verse the Four and twentieth of that Chapter accordingly it appears they did so Deuteronomy the Second and Third Chapters The Amorite and those under Og King of Bashan were Man Woman and Child destroyed Chapter the Seventh Verse second and third no Covenant was to be made with nor marriage between them Of the Cities of these people which the Lord thy God giveth thee for an inheritance Deut. 20. Thou shalt save alive nothing that breatheth but thou shalt utterly destroy them which shews their destruction was not for transgressing a Law given them by God as their Law maker for they were destroy'd which had not offended against the Law as well as they which had But it was an Act of Gods absolute dominion over his Creatures as the Potter may do what he listeth with his Clay which must not say why hast thou made me thus Whereas they had differing commands concerning Cities far from them As 1. To offer them peace 2. If they accepted it to make them Tributaries 3. If they refused it to kill the Males with the Sword but to spare the women and children Deut. 20. from verse 10. to vers the Fifteenth It is hence not improbable the Jews had great aversness to the Communion of such whose mixtures in marriage were alike to these Nations though they were not of these Nations for the vengeance ordained against them appears not to be for other causes than for those incestuous Copulations which were not common to all other the Nations of the Gentiles as well as to them that is Idolatry And for this reason The Apostles might direct the Gentiles to abstain from marriages that would render them odious to the Jews and which the Christians ever after continued as most conformant to Gods will in the fitness of marriage But this is not reason enough to make all these marriages to be prohibited to the Gentiles absolutely by Divine Institution as unholy in themselves without relation to the communion with the Jews so as to make it absolutely unlawful to change them by any Humane Law upon any occasion But it is never prudent to change a Law which cannot be better'd in the subject matter of the Law Accordingly if we examine well perhaps dispensations will be found given by the Christian Churches for marriages within most of those Mosaical Degrees and particularly in those