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lord_n daughter_n marry_v son_n 44,819 5 5.8094 4 true
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A18994 The triall of bastardie that part of the second part of policie, or maner of gouernement of the realme of England: so termed, spirituall, or ecclesiasticall. Annexed at the end of this treatise, touching the prohibition of marriage, a table of the Leuitical, English, and positiue canon catalogues, their concordance and difference. By William Clerke. Clerke, William, fl. 1595. 1594 (1594) STC 5411; ESTC S108078 57,457 127

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D 4 e Great vncles vncle The same aunt iiij 5 f his hir sonne daughter iiij 6 g his hir nephew neece iiij 7 h his hir nephews neeces sonne daughter iiij 8 Great grandfather Mother iiij C 3 d Great vncle The same aunt iiij 4 e his hir sonne daughter iij. 5 f his hir nephew neece iij. 6 g his hir nephews neeces sonne daughter iiij 7 Grandfath grandmo ij B 2 c Vncle. Aunt ij 3 d his hir sonne daughter ij 4 e his hir nephew neece iij. 5 f his hir nephews neeces sonne daughter iiij 6 Father mother j A 1 b Brother Sister j. 2 c his hir sonne daughter ij 3 d his hir nephew neece iij. 4 e his hir nephews neeces sonne daughter iiij 5 THE FIGVRE OF AFFITIE   The fist kinde of affinitie prohibited at this day to marry The first kinde of affinitie prohibited at this day to marry Thesbe be added for ornament only and demonstration of the kinde of affinitie but they be not prohebited to marrie first deg brother sisters husband sister brothers wife brothers wiues husbande sisters husbands wife second deg brothers sonne sisters daughters husb sisters daughter brother sonnes wife     third deg Brothers nephew Sisters neeces husband Sisters neece Brothers nephewes wife     four deg brothers nephews sonne Sist nee daughter hus-bād Sisters neeces daughter bro. nep sonnes wife     This figure sheweth onely the first kinde of affinitie in the first collaterall descendents by carnall addition that is to say to thy brother a wife tothy sister a husband and so to the fourth degree The same affinitie thou hast that is to say in the first kinde by the same addition to euery other person in this figure of consanguinitie The degrees shall be more or lesse according to the distance of the persons they be added vnto but alwaies in the first kinde the which the prohibition of the Canons at this day exceedeth not CHAP. VIII Of the Prohibition Leuiticall HAc itaquè consuctudine quae ab ipso exordio humanae propagationis originem habuit quam nulla lex contra iubendo euacuauerat excusantur Abraam Isaac Iacob ceteri qui de propria cognatione ducebant vxores The questiō of their ages prouoked in their times the makers of the positiue canon lawes to answere such obiections had against the Patriarches and others that had married in their kindreds and tribes of the families of their fathers They concluded therefore they were excused Abraham Isaac and Iacob by that custome that had growen from the beginning of humane propagation and that which no law then had abolished The premisses or reasons that they vsed before were these viz. They were not prohibited that Idolatry might be auoided that the Church might be instituted in the peculiar people of God Deus enim sic ab initio salutem humani generis dispensauit vt primitiuam ecclesiam in illo populo institueret qui sibi carnis consanguinitate erat propinquus Hence the Apostles were chosen first of the Iewish nation whom God appointed then the foundation as it were of the Church Deinde in cecitate suae perfidiae Iudaica plebe relicta It was translated afterwardes the preaching of the gospel vnto strangers Tam fide quam cognatione carnis à Christo Despising as it were the companie and conuersation of his cōsanguine chose him a wife of another familie fulfilling these prophecies In peccatis vestris dimisi matrem vestram quasi adulteram repudiatam c. Vocabo plebem meam non plebem meam The canons haue enferred hence that they were permitted first these marriages but now prohibited What the Lord commaunded concerning the daughters of Zelophehad Mahlah Tirzah Hoglah Milah and Noah they did that is to say they married to their fathers brothers sonnes But this was after the commandements and laws which the Lord had commanded by the hand of Moses vnto the children of Israel in the plaine of Moab by Iorden towardes Iericho these be handled more at large in the table at the end of this treatise Sect. 8. we leaue them therfore here and to our purpose the Leuiticall prohibition viz. 6 None shall come neere to anie of the kindred of his flesh to vncouer hir shame I am the Lord. Leuit. 18. 20. 7 Thou shalt not vncouer the shame of thy father nor the shame of thy mother for she is thy mother thou shalt not discouer hir shame 8 The shame of thy fathers wife thou shalt not discouer for it is thy fathers shame 9 Thou shalt not discouer the shame of thy sister the daughter of thy father or the daughter of thy mother whether she be borne at home or born without thou shalt not discouer their shame 10 The shame of thy sonnes daughter or of thy daughters daughter thou shalt not I say vncouer their shame 11 The shame of thy fathers wiues daughter begotten of thy father for she is thy sister thou shalt not I say discouer her shame 12 Thou shalt not vncouer the shame of thy fathers sister for she is thy fathers kinswoman 13 Thou shalt not discouer the shame of thy mothers sister for she is thy mothers kinswoman 14 Thou shalt not vncouer the shame of thy fathers brother that is Thou shalt not goe into his wife for she is thine aunt 15 Thou shalt not discouer the shame of thy daughter in law for she is thy sonnes wife therefore shalt thou not vncouer hir shame 16 Thou shalt not discouer the shame of thy brothers wife for it is thy brothers shame 17 Thou shalt not discouer the shame of the wife of hir daughter neither shalt thou take hir sonnes daughter nor hir daughters daughter to vncouer hir shame for they are thy kinsfolkes and it were wickednesse 18 Also thou shalt not take a wife with her sister during hir life to vexe hir in vncouering hir shame vpon her These in the glosse be briefly collected thus viz. Nata Soror Neptis Matertera Fratris ' vxor Et patrui Coniux Mater Priuigna Nouerca Vxoris quae soror Priuigni Nata Nurusquè Atque soror patris Coniungi lege vetantur As much in effect amongst the residue in the admonition or table of prohibited marriages set forth by the most reuerend father in God Mathew Archbishop of Canturburie primate of England and Metropolitan An. 1563. as followeth that is to say A man may not marrie his Mother The right ascending line and first degree Stepmother Wiues mother Sonnes daughter The right descēding line and second degree Daughters daughter Wiues sonnes daughter Wiues daughters daughter Daughter The right descending line and first degree Wiues daughter Sonnes wife Sister The equall collateral line and first degree Wiues sister Brothers wife Fathers sister The vnequall collaterall line and second degree Mothers sister Fathers brothers wife 30 Therfore shall ye keepe mine ordinances that ye doe not any of the
therefore we will pause a little and make as it were a diuisiō in this table betweene them and the rest that ensue namely the branches that be further off Consider therefore of the concordance and difference of these catalogues hitherto first and then peruse the other These catalogues doe concurre togither in 16 persons wherein they differ not in name number nor degreee there the Leuiticall ceasseth in name and number and the English and canonicall go on accompanied still with the Leuiticall degree to the number of 14 persons more there ceasseth the English and the positiue canon goes on alone neuerthelesse accompanied with the 2 degree to the number of 12 persons more and there that degree resteth and leaueth the canon catalogue alone yet the catalogue resteth not but hath betakē it to outward degrees namely the 3 and 4 wherewith it goeth on to the number of persons mentioned in this table hereafter These the statute doth entend in An. 32. H. 8. cap. 38. to be meere humane and inuented for their lucre that deuised them namely the BB. of the sea of Rome commonly called the Popes who were enabled as the statute intēdeth to dispence with such by their power because they were outward and so the statute termeth them outward degrees and specifieth moreouer cosens germans and so to fourth and fourth degree Now Quere of the minde of the statute touching cosens germans viz. What germans they should be for the Pope could neuer dispence with germans in the 1 and 2 degrees if therfore the construction be of the statute of such dispensations that were reserued for so the statute mentioneth them viz. The dispensation whereof they alwaies reserued to themselues c. we looke amisse at what he did for what did hee not almost in the end dispence withall but our marke must be at what he might doe lawfully i. by his lawes for other reseruation had he none but thereby preheminence ouer them but neuer ouer the lawes of God nor of nature And that which is more so farre they were from dispensing in the 1 and 2 degrees that in the 3 and 4 degrees they haue refused the same generally and to that vpon Question proposed to Gregorie by Faelix Messan of Scicilia was appealed to the whole dominon of Rome It is euident by this what the prohibition and reseruation haue been of the Popes law Touching the daughter of Zolophehad of whom mention hath been made in the 8 chap. of this treatise to this effect that they married to their fathers brothers sonnes this was because the inheritance of the children of Israel of whom the daughters of Zelophehad were should not remoue from tribe to tribe for so they were commanded that euerie one of the children of Israel should ioyne himselfe to the inheritance of the tribe of his fathers And that euerie daughter that possessed anie inheritance of the tribes of the children of Israel should be wife vnto one of the familie of the tribe of hir father that the children of Israel might enioy euery man the inheritance of their fathers and therefore the Lord commanded concerning the daughters of Zelophehad saying They shall be wiues to whom they thinke best onely to the familie of the tribe of their father shal they marry and so they did But this was a law of iudgement as other Iudicials were that belonged then to particular iustice and haue had their beginnings and endings To the rest of the canon catalogue 9. Section 3. Deg. The right ascending line and third degree Canon Con. 43 Great grandmother Aff. 44 Great grandfathers wife Aff. 45 VViues great grandmother 10. Section 3. Deg. The right descending line and third degree Canon Con. 46 Sonnes neece Con. 47 Daughters neece Aff. 48 Sonnes nephewes wife Aff. 49 Daughters nephewes wife Aff. 50 VViues nephewes daughter Aff. 51 VViues neeces daughter 11. Section 3. Deg. The vnequall collaterall line ascending and third degree Canon Con. 52 Grandfathers sister Con. 53 Grandmothers sister Aff. 54 Grandfathers brothers wife Aff. 55 Grandmothers brothers wife Aff. 56 VViues grandfathers sister Aff. 57 VViues grandmothers sister 12. Section 3. Deg. The same line and third degree Canon Con. 58 Grandfathers brothers daughter Con. 59 Grandmothers brothers daughter Con. 60 Grandfathers sisters daughter Con. 61 Grandmothers sisters daughter Aff. 62 Grandfathers brothers sonnes wife Aff. 63 Grandmothers brothers sonnes wife Aff. 64 Grandfathers sisters sonnes wife Aff. 65 Grandmothers sisters sonnes wife Aff. 66 Wiues grandfathers brothers daughter Aff. 67 Wiues grandmothers brothers daugh Aff. 68 Wiues grandfathers sisters daughter Aff. 69 Wiues grandmothers sisters daughter 13. Section 3. Deg. The equall collaterall line and third degree Canon Con. 70 Grandfathers brothers neece Con. 71 Grandmothers brothers neece Con. 72 Grandfathers sisters neece Con. 73 Grandmothers sisters neece Aff. 74 Grandfathers brothers nephews wife Aff. 75 Grandmothers brothers nephews wife Affi 76 Grandfathers sisters nephewes wife Affi 77 Grandmothers sisters nephewes wife Affi 78 Wiues grandfathers brothers neece Affi 79 Wiues grandmothers brothers neece Affi 80 Wiues grandfathers sisters neece Affi 81 VViues grandmothers sisters neece 14. Section 3. Deg. The vnequall collaterall line descending and third degree Canon Con. 82 Fathers brothers neece Con. 83 Fathers sisters neece Con. 84 Mothers brothers neece Con. 85 Mothers sisters neece Affi 86 Fathers brothers nephews wife Affi 87 Fathers sisters nephewes wife Affi 88 Mothers brothers nephews wife Affi 89 Mothers sisters nephews wife Affi 90 VViues fathers brothers neece Affi 91 VViues fathers sisters neece Affi 92 VViues mothers brothers neece Affi 93 VViues mothers sisters neece 15. Section 3. Deg. The same line and third degree Canon Con. 94 Brothers neece Con. 95 Sisters neece Affi 96 Brothers nephewes wife Affi 97 Sisters nephews wife Affi 98 VViues brothers neece Affi 99 VViues sisters neece 16. Section 4. Deg. The right ascending line and fourth degree Canon Con. 100 Great grandfathers mother Aff. 101 Great grandfathers fathers wife Aff. 102 Wiues great grandfathers mother 17. Section 4. Deg. The right descending line and fourth degree Canon Con. 103 Sonnes nephews daughter Con. 104 Sonnes neeces daughter Con. 105 Daughters nephews daughter Con. 106 Daughters neeces daughter Aff. 107 Sonnes nephews sonnes wife Aff. 108 Sonnes neeces sonnes wife Aff. 109 Daughters nephews sonnes wife Aff. 110 Daughters neeces sonnes wife Aff. 111 Wiues sonnes nephews daughter Aff. 112 Wiues sonnes neeces daughter Aff. 113 Wiues daughters nephews daughter Aff. 114 Wiues daughters neeces daughter 13. Section 4. Deg. The vnequall collateral line descending and fourth degree Canon Con. 115 Great grandfathers sister Con. 116 Great grandmothers sister Aff. 117 Great grandfathers brothers wife Aff. 118 Great grandmothers brothers wife Aff. 119 Wiues great grandfathers sister Aff. 120 Wiues great grandmothers sister 19. Section 4. Deg. The same line and fourth degree Canon Con. 121 Great grandfathers brothers daughter Con. 122 Great grandfathers sisters daughter Con. 123 Great grādmothers brothers daughter Con. 124 Great