out the pure Channels that refresh the World into divers muddy streams that sterilize as well as bastardize the race of Mankind Virginity Not disparaging Virginity that sister of Angels and resemblance of the glorified Spirits who neither marry nor are given in marriage nor those that are innocently blemished by unlawful conceptions and births because they could not help it Why Marriage was ordained But still Marriage is what it ever was and ever will be a most honourable estate instituted of God in Paradise in the time of Man's innocency signifying the Mystical union that is betwixt Christ and his Church Which holy estate Christ adorned and beautified with his presence and first Miracle that he wrought in Cana of Galile and is commended of St. Paul to be honourable among all men and therefore is not to be enterprized or taken in hand unadvisedly lightly or wantonly to satisfie mens carnal lusts and appetites like brute beasts which have no understanding but reverently discreetly advisedly soberly and in the fear of God duly considering the causes for which Matrimony was ordained First it was ordained for the procreation of Children to be brought up in the fear and nurture of the Lord. Secondly it was ordained a Remedy against sin and to avoid fornication that such persons as have not the gift of Continency might marry and keep themselves undefiled Members of Christ's Body Thirdly for the mutual Society help and comfort that the one ought to have of the other both in prosperity and adversity This so honourable Estate makes not only Flesh of our Flesh and bone of our bone but Spirit of our Spirit and that two are one Flesh and one Spirit So God and Man Christ and his Church Man and Wife Fathers and Children Fathers and Mothers Sons and Daughters Brothers and Sisters Husbands and Wives and all Relations are mutually each others Christ the King is the Betrothed and Husband as well as Father of his Church and Kingdom And Christ's Church is the Subje ct the Spouse and Wife of Christ her Husband Therefore SECT V. Were it but for a bare civil respect it stands the Kingdom of the World in very great stead carefully to look after the right ordering of Marriages And surely there are weighty reasons for it It keepeth the purity of the Bloud from commixtion of base Seed Benefits of Marriage It gives a right to the true Sons and Daughters to take comfort in them and receive help from them to honour and enrich our own and not anothers Issue It preserves from the greatest usurpation of Natural rights to each Man's Body to each Man's Wife to eat the Fruit of my own Tree and drink the Waters of mine own Cistern not to own and feed anothers Cattel in my proper Ground It prevents the greatest cheat in the World Abuses of Marriage to be cosened in my own Progeny and not be able to distinguish it from anothers What is more entirely mine own than the off-spring of my own loyns and she that is next to me and one Flesh with me It is the greatest dishonour imaginable to be thus chouced it is a wonder it is no more regarded nor stood upon I would gladly eat my own Bread and till my own Land I am nearest and dearest to my self and all the Love Honour and Estate I have I would willingly reserve to me and mine and my virtue wisdom and wit too if it were in my power Bastardy But contrary to Nature all that I have must flow from my genuine Breed to a spurious generation This misconveyes all Inheritances and breaks the bonds of Nature love and descent The Brood may be fair hopeful and wise for their parts of Body and Mind but they are none of mine and yet all that is mine must be theirs This distroies all the great Priviledges of Wills and Testaments so direct a part of the Law and so much useful to Mankind it jumbles together the Bloud of Mankind it befools the Labourers of Mankind Nobility is dasht and quite destroy'd by it Virtue and Honesty Religion and Laws are quite destroy'd by it It infatuates all the labours and studies of Mankind which should do good first to their own private Families and then to the publick state In a word it confounds all rihgts of Persons things and actions It lays all in common and wastes all and no body can express the mischief that redounds to the World by it To engraft wild plants into a natural stock To puddle pure Fountains to poyson wholsom waters to defile every nest and throw dung upon every clean place SECT VI. Rights by Marriage My chiefest right of Soul and Body and all that I have is to my God whose they are the next is to my self the next is to my second self or my Wife the next is to my Children and their Children Friends and Allies and mine for all these God hath given me Now all these are lost by my giving my right to the Devil and to harlots this is my own act and deed But some of these are lost by being torn from me by Extortioners and Adulterers this is their act and deed I must have a Father or else I could not be but he may be such a one as I never knew or never shall and this is not only a loss but a shame and misery to me but no sin because I could not help it I am in the condition of a Slave to possess nothing at all and Slaves usurp possession of all that is mine In Christ's Church and Kingdom there must be Chastity In Christ's Church and Kingdom there must be Fidelity in Families and Kingdoms Christ's Church consists of Families Therefore the solemn Covenant of Marriage must be kept inviolable in all Families because they are altogether married unto Christ their Husband Lord and King and not go a whoring from under their God Laws about Marriage For this purpose the good Laws of Men especially of the Romans are carefully to be observed who have taken a very strict course in every particular for the pure undertaking and performing of this great Business of Life that so much concernes the happy condition of Men in this World and in the World to come It is profitable therefore for Christians to take a survey of all those wholsom Constitutions set down in the Body of the Civil Law concerning Marriage Age of Persons 1. As first for the age of the Persons that are to marry The Law allowes of twelve in Females and fourteen in Males to be ripeness of years to contract for themselves Quality of Persons 2. The Persons condition that are to marry is considered that they be Liberi Cives Romani as hath been spoken of before Infamous 3. The Roman Law greatly abhorred Scenicos Lenones c. i. e. all ludicrous histrionical and mimical Persons that came upon the Stage as commonly most unchast and all pimps
Lawyers agreed about them and God knows when they will be among such varieties of Laws and opinions are as there concerning such and such like matters SECT VIII Coelibate The contrary state to Marriage is a single Life Coelibate or a single Life without vow is a free state resolved upon during pleasure upon the convenience thereof during persecution or otherwise Coelibate or a single Life with vow is a restraint unnecessarily put by a Mans self upon himself under pretence of serving God more purely in Mind and Body in hopes of a greater portion of glory in Virginity or Viduity Coelibate or a single Life upon conceit of the uncleanness of a married Life as if it were a sinful Life as the Eucratitae or Misogamists vainly suppose All which are superstitious in offering to do more than God commands at our hands If Men can contein let them contein but if they cannot contain let them marry For it is better to marry than to burn It is God's command to increase and multiply to be fruitful and replenish the Earth but in the way of lawful Marriage not otherwise Every one is free to marry or not to marry Some are Eunuchs by Nature and some have made themselves Eunuchs for the Kingdom of Heaven's sake they that can receive it let them receive it But still Marriage is a holy and pure state full of chastity and honour Marriage fits all estates and degrees of men Marriage is honourable and the bed undefiled but Whoremongers and Adulterers God will judge And it befits all estates and degrees of men as well those that wait at the Altars of Religion and Justice as those that grind at the Mill. Some well meaning men out of overmuch Religion have thought they did God good service in refusing this condition themselves and denying it to others till they were made to understand better things by Paphnutius Spiridion Gregory Nazianzen Aeneas Sylvius and others Let therefore all that are entred or intend to enter into the holy estate of Matrimony take heed of defiling themselves and it by committing Adultery Incest Concubinate and Polygamy contrary to the Rules and Laws prescribed in the degrees of Consanguinity and Affinity which come now seasonably to be described and delineated as followeth And first The CONTENTS Consanguinity Cousins German Levitical Law of Cousins German Christian Law Publick Honesty and good Report Instances The Canon Law TITLE IX Of Consanguinity or kindred by Blood COnsanguinity is grounded upon Blood and Birth and all Mankind are naturally kindred so Therefore meer Consanguinity or kindred by blood cannot be forbidden for then none should marry but nearness of Flesh and blood is that which is prohibited by the Laws of God and man As Levit. 18.6 None of you shall approach to any that is near of kin to him The Septuagint render it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. The Latin Vir Vir non accedet ad propinquitatem carnis suae i. e. To her that is so near of kin as that they may dwell in the same house as Parents Children Brothers and Sisters or the Parents Brothers and Sisters or Uncles and Aunts Nearness of flesh above me is my Mother below me is my Daughter on my side is my Sister These may not be approached for their own sakes Lev. 22.2 being immediate Relations and all those that are forbidden are forbidden for the sakes of these And that this is properly nearness of kin or flesh may appear by the Prohibition to the High Priest that he may not be defiled for the dead among his people but for his kin that is near unto him he may For his Mother and Father for his Son and Daughter for his Brother and virgin Sister So that Nearness of flesh is Brother 1. She out of whose flesh I am born Daughter 2. She that is born out of my flesh Sister 3. She that is immediately born of the same flesh that I am born of Now to keep men from this Nearness God hath set this Bar or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of Uncles and Aunts whose marriages therefore are forbidden to keep men farther off from Father and Mother Son and Daughter And because they are Quasi Parentes loco Parentum SECT I. Of Cousins German Cousins german So have some men not God made a Bar of Cousins german to keep men off from Brother and Sister So the Jews were forbidden to make an Image as a Bar to keep them from Idolatry In the Levitical Law there are forbidden these nearnesses 1. In the Ascending and Descending right Line Fathers and their Children and their Allies 2. In the Equal side Line forward Brothers and Sisters and their Allies 3. In the Unequal side Line upwards and downwards Uncles and Aunts and their Allies No Cousins german at all By the Civil Law the same Nearnesses are forbidden and no farther excepting as Ulpian in his Rules observes In quarto gradu permittitur connubium extrà eas personas quae Parentum Liberorumque locum habent Therefore says he The great Aunt by the Fathers and by the Mothers side and the Sisters neece may not be married quamvis quarto gradu sunt Because the Prohibition is not alwaies for the nearness or for the degree but for the proper reason aforesaid of being Veri parentes or Quasi parentes Therefore supposing a woman to live to see six degrees of the Line yet it is unlawful for her to marry that sixth degree of her Nephews In Cousins in the Equal side line the farther off the less reason they should be forbidden but in Uncles and Aunts in the Descending and Ascending unequal side lines the farther off the greater reason they should be forbidden Therefore there is no comparison between the cognation of Uncles and Aunts and their Nephews or Neeces in the unequal descending side lines and the cognation of Cousins in the equal side lines It is true In pari Cognationis gradu par idemque jus statuatur that is when the Cognation is the same the Law is the same too meaning if it be measured in the same kind of Cognation Ascending compared to ascending Equal Collateral to Equal Collateral Unequal to unequal For when the Comparison is of things in the same order then not only the degree but the reason for the most part is the same too 1. The Case of Cousin germans is no waies reached at Levitical Law of Cousin germans as to all Prohibition in the Levitical Law because there is no Degree equally near unto it that is forbidden except as before of such persons as are as it were Parents or in the place of Parents There are Instances of the marriage of Cousin germans in Scripture Instances as Jacob married his Cousin german Rachel the daughter of his Uncle Laban Zelophehads daughters married their Fathers brothers Sons The Virgin Mary was married to her Cousin german Joseph who was the legal Son of Heli but the
married his second Cousin and that is more than can be said against it St. Austin and St. Ambrose favoured not the marriage of first Cousins yet they judged them lawful Ambr. l. 8. Epist Aug. de Civ Dei l. 15. c. 16. L. celebrandis C. de Nuptiis And this is answer enough for such a trifling Objection The CONTENTS Computation of Degrees Vnjust Marriages Stemma Cognationis Right line Ascending Right line Descending Line transverse equal Line transverse unequal TITLE X. Of the Degrees of Consanguinity or kindred by Blood THE degrees of Consanguinity and their different Computations between the Civilians and Canonists are better understood by the inspection of a Pedigree than by writing or speaking Yet Justinian gives very good directions Inst l. 3. T. de Nuptiis and L. 3. Tit. 6. De gradibus Cognatorum The first Degree of Consanguinity is in the Right Line ascending and Degree 1 descending where all degrees of that Line are forbidden So that upwards a man may not marry his Mother Grandmother or great Grandmother c. And downwards he may not marry his Daughter Granddaughter nor great Granddaughter c. The Reason is Because in all these Cases one of the parties is a Parent Reason or a Child by blood that is The woman is either a Mother or a Daughter to the man This was Lots Incest and Reubens Incest v. Gen. 19.33 Gen. 25.22 Instances Gen. 38.10 Lev. 18.7 c. Lev. 20.11 12 c. Ez. 22.13 Am. 2.6 The second Degree of Consanguinity is in the Side-line equal in which Degree 2 all Propinquity or Nearness by blood is forbidden to the second or third degree only Reason The Reason is Because Propinquity or Nearness consisteth but in two or three degrees as he is my near Neighbour that dwelleth but two or three houses from me And the Levitical Law reckons propinquity or nearness no farther than the third degree the rest she accounts remote So that in the second degree of the side equal or collateral Line the Civilians compute in that Line no first degree at all a man may not marry his Sister nor his Sisters daughter c. for she is his near kinswoman either by the whole blood or by the half blood Reason The Reason is because in all these cases the Parties are alwaies Brother and Sister that is the Woman is alwaies sister to the Man and the Man brother to the Woman by blood Instances This was Ammons incest with Tamar his sister by the half blood for they were both Children to David by several Ventres Degree 3 The third degree is in the side unequal Line or Linage upwards or downwards In which upwards a man may not marry his Aunt nor great Aunt c. And downwards a man may not marry his Neece or his Neeces daughter c. As when upwards I lie with my Aunt whether she be my Fathers sister or my Mothers sister by blood or downwards I lie with my Neece whether she be my Brothers daughter or my Sisters daughter The Reason is because in all these cases the Woman is either still Aunt Neece to the man Reason SECT I. The Computation of Degrees in the Right line and Side line Computation of Degrees 1. The first degree in the Right line is from me to my Father or Grandfather and all my Parents upward or from me to my Daughter or Grand-daughter and all my Children downward 2. The second degree in the Side line equal is from me upward to my Father one degree and from my Father downward to his daughter which is my sister two degrees Reason Now the Reason why in the Side line the Computation proceedeth not directly from me to my sister but fetcheth a compass about upwards and downwards and passeth through our Parents is because the Consanguinity between me and my sister is not immediate proximous and prime in their first degree but mediate propinquous and secondary through and by the means of two common Parents For no Blood is derived or passed from me to my sister nor from her to me Reason but Blood is derived or passed from our Parents to each of us and in us their blood is parted My Mother therefore who derives her blood to me immediately must needs be more Consanguineous or nearer of kin to me than my sister who derives no blood at all to me but only takes part of the same blood with me And my Daughter who derives her blood immediately from me must needs be more Consanguineous or nearer of kin to me than my sister who derives no blood at all from me but only takes part of the same blood with me My Mother therefore upwards and my Daughter downwards are the Females of nearest Consanguinity or kindred to me and therefore they make the first degree for that which in order is the nearest or next to me must needs be the first from me And consequently my Sister being not so near to me in consanguinity kindred or blood as is my Mother and Daughter cannot be computed in the first degree and therefore must either be in the second degree or in a degree more remote or else in no degree at all Hence it is that in many accurate Pedigrees the Lines are drawn and visibly expressed in the Right line or linage only and they are drawn downwards only according to the descent from the Parents to the Children Because the course of the blood which makes Consanguinity Reason passeth only by descent downwards but Sideward in the Side-line or linage no lines at all are visibly drawn and expressed because the blood hath no passage at all that way for there was none at all neither from the Brother to the Sister nor from her to him So that they partake not of one anothers blood but both partake alike of their Parents blood which descends in common to them both and in them is parted into several channels making several descents Yet for computation sake there are lines conveyed sideward in the side-line or linage not lines real and visible but only imaginative and putative such as Astronomers conceive to be in Heaven and Geographers on Earth calling them Meridians or Parallels which are no realities visible or sensible but only imaginations or fictions in Astronomy or Geography The third degree Sideward in the side-line unequal is thus for my Degree 3 Uncle or Aunt From me to my Father or Mother upwards is one degree then from my father and mother to their father and mother or my Grandfather or Grandmother is two degrees then downwards to the son or daughter of my Grandfather or Grandmother which is sideward to my father and mother which are their brother and sister which are my Uncle and Aunt is three degrees And the brother and sister of my father and mother is my Uncle and Aunt And for my Nephew and Neece the computation is thus From me to my father or mother upward is one degree then from my
father and mother downward to their son and daughter which is sideward to me which are my brother and sister is two degrees and from my brother and sister downwards again to their son and daughter is three degrees And the son or daughter of my brother and sister is my Nephew or Neece or rather my Cousins german Sideward in the side-line or linage no more degrees are forbidden for marriage beyond the third degree either by the Law of Moses or by the Civil Law or by the Law of our Church Because in these lines the Degrees only of propinquity or nearness are forbidden and propinquity or nearness consisteth but in three degrees Reason determining in the third And therefore persons in the fourth Degree sideward and much more in the fifth or sixth degree c. may lawfully marry Because such persons are in no degree of propinquity or nearness seeing propinquity or nearness comprehendeth only but three degrees and consequently first Cousins or Cousins german or brothers and sisters Children may lawfully marry and many times do so and therefore a man may marry his Uncles daughter or his Aunts daughter for my Uncles or my Aunts daughter is my Cousin german The fourth degree sideward between brothers and sisters Children or Degree 4 Cousins german is thus From me upward to my father or mother is one degree from my father or mother to their father or mother or my Grandfather or Grandmother is two degrees then from my Grandfather or Grandmother which are the common stock downwards to their son or daughter which is sideward to my father and mother which are their brother and sister which are my Uncle and Aunt is three degrees and from my Uncle and Aunt downwards to their son and daughter which are my Cousins german is four degrees This computation of degrees is according to the Civil Law whose Rule is this Tot sunt gradus Cognationis quot sunt Generationes i. e. So many Generations so many Degrees The computation of the Canon Law is Quoto gradu unusquisque eorum distat à communi stipite eodem gradu distant inter se i. e. In what degrees the parties are distant from the Common stock in the same degree they are distant between themselves So that brothers and sisters Children that by the computation of the Civil Law differ four degrees from each other by the Canon Law differ but two degrees from each other So that the Civil Law considereth degrees especially for Successions of Inheritances from person to person numbring the degrees according to single persons only by one degree at once according to the next or nearest common Stock or Parent and thence descending to the person whose degree is required but the Canon Law considereth rather the degrees of Marriage made by the consent of two persons and for that reason joyneth two persons together in the numbring of degrees As to Cousins german therefore to conclude though some Divines and some Lawyers here in England do scruple at the lawfulness of their marriage yet they scruple it without alledging any sound reason but relying only upon Tradition and the long practice of the Canonists who have forbidden those marriages for meer lucre to gain mony for the Licensing of them by Dispensations which are denied to none but are granted of course for mony to all that desire them But from the beginning it was not so neither ought it to be so because the Rule holds good Quod ab initio non valuit illud tractû temporis convalescere non potest That which was invalid from the beginning cannot be made valid by length of time SECT II. Of Unjust marriages Unjust Marriages L. orat 10. §. 1. ff de Ritu Nupt. L. Nuptae 53. ff de Ritu Nupt. §. Ergo Instit de Nupt. §. Item Animam Inst de Nuptiis As for Unjust marriages they are those which are forbidden by natural Reason and the law of Blood it being a firm Principle That in the right Line of ascending and descending degrees as Parents and Children wives are forbidden in infinitum 2. Unjust marriages are those also which are forbidden by the same natural Reason and law of Blood in the transverse or collateral Line unequal of ascending and descending degrees as Uncles and Aunts wives are forbidden in infinitum because they are quasi-Parentes and do sustain the places of Parents Claudius for the lust he had to Agrippina the daughter of his brother Germanicus came into the Senate to make such Marriages lawful but it was refused by all save one knight Taledius Severus Nerva forbad this and Anastasius and Zeno. It matters not at all whether such Conjunction descend from the just marriages of persons so related or not For it is not granted to the Sire to marry his daughter by his bondmaid or any of the multitude And Servile cognations are so strictly observed in this Nuptial Law that it is accounted contrary to natural right and modesty that the daughter any waies begotten should be married to her own Father that begot her L. Fratris L. ult C. de Iâ—cestis Nupt. L. Nemini C. de Nup. L. licâ— C. de Incest Nupt. For this is Incest by the Laws of Nature and Nations The like Prohibition extends to the daughter of a brother or a sisters daughter The wives of Brethren deceased may not be married to their brethren that are alive 3. A man may not marry his wives sister L. fratris C. de Incest Nupâ— L. Liberi 4. C. de Nuptiis Unjust marriages in like manner are those which are forbidden in the like degrees of Affinity contrary to the legal Reason and law of Marriage and Alliance Yea so modest were the Romans that they extended their Prohibitions to the Spouses of Parents or Children but especially to Concubines as Alexander religiously ordained Prudent men have ranked Adoptions also among the rest out of reverence to any thing that had any resemblance to blood or kindred Antonius Caracalla is the only noted Roman for this Incest 4. Unjust marriages are those which are forbidden by the natural Reason and law of Blood in the side-line equal as brothers and sisters by the same father or mother or by either of them Caligula was counted a Monster rather than a Prince for defiling all his sisters Papirius got his sister Coemilia with child for which her Father Papilius Tolucer sent her a sword with which she let out her own life as Papirius did his afterward So Juno was Uxor conjux Jovis 5. Unjust Marriages are those which want a due consent as of Fools and Mad people and those under age which have no Will in Law And those that have not the consent of their Parents or Curators But Mutes may consent by signs in sickness or lameness not Inst de Nuptiis nor furor superveniens or madness that comes after a Contract Yet Sons emancipated do rightly contract without their Parents consent but
not Daughters except those who 25 Annum egressae inconsultis Parentibus rectè nubant Generally all these Marriages are unlawful 1. Fathers and Mothers and all above in the right Line 2. Sons and Daughters and all below in the right Line 3. Brothers and Sisters forward but no farther in the side-line equal 4. Uncles and Aunts and all above in the side-line unequal 5. Nephews and Neeces and all below in the side-line unequal SECT III. Stemma Cognationis Linea recta Ascendens 1. The Father and Mother are the first degree upward Right line Ascending Pater Mater L. 1. §. 3. L. ult §. primo gradu ff de Grad Avus Avia Proavus Proavia and are compared with the Son and Daughter which are the first degree downward 2. The Grandfather and Grandmother are the second degree upward and are compared with the Nephew and Neece which are the second degree downward 3. The great Grandfather and great Grandmother or Grandfathers father and Grandmothers mother are the third degree upward and are compared with the Grandnephew or Grandneece or with the Nephew or Neeces son or daughter which are the third degree downward Abavus Abavia 4. The great Grandfathers or great Grandmothers father and mother are the fourth degree upward and are compared with the Nephews and Neeces Nephew and Neece which are the fourth degree downward or with the Grandnephew or Grandneeces son and daughter Atavus Atavia 5. The great Grandfathers Grandfather or great Grandmothers Grandmother are the fifth degree upward and are compared with the Nepheros Neropheros or Neeces Neeces son or daughter which are the fifth degree downward or with the grand Nephews nephew or grand Neeces neece Yritavus Tritavia 6. The great Grandfathers grandfathers Father or the great Grandmothers grandmothers Mother are the sixth degree upward and are compared with the Nephews nephews nephew or Neeces neeces neece with the grand Nephews nephews son or daughter or the grand Neeces neeces son or daughter These are called Parents or Majores SECT IV. Linea recta Descendens Right line Descending Filius Filia Nepos Neptis 1. The Son and Daughter are the first degree downward and are compared with the Father and Mother which are the first degree upward 2. The Nephew and Neece are the second degree downward and are compared with the Grandfather and Grandmother which are the second degree upward Pronepos Proneptis 3. The grand Nephew and grand Neece are the third degree downward and are compared with the great Grandfather and great Grandmother which are the third degree upward Abnepos Abneptis 4. The grand Nephew and grand Neeces son and daughter are the fourth degree below and are compared with the great Grandfathers father and great Grandmothers mother which are the fourth degree above Atnepos Atneptis 5. The grand Nephews nephew and grand Neeces neece are the fifth degree below and are compared with the great Grandfathers grandfather and great Grandmothers grandmother which are the fifth degree above Trinepos Trineptis 6. The grand Nephews nephews son and daughter and the grand Neeces neeces son and daughter are the sixth degree below and are compared with the great Grandfathers grandfathers father and the great Grandmothers grandmothers mother which are the sixth degree above These are called Liberi Minores Posteri SECT V. Linea transversa Aequalis Line transverse equal Frater Soror Fratris filius Sororis filius filia 1. The Brother and Sister are the second degree forward for there is no first degree at all 2. The Brothers and Sisters son and daughter are the third degree forward answering to the Uncle or Aunt upward which are corruptly called Nephews and Neeces 3. Fratris Sororis Nepâ— Neptis Fratris Sâ—roris Pronepâ—â— Proneptis The Brother and Sisters nephew and neece are the fourth degree forward answering to the great Uncle and great Aunt upward 4. The Brothers and Sisters nephews and neeces son or daughter are the fifth degree forward answering to the great Uncles and great Aunts father upward 1. Patrueles The Sons and Daughters of two brothers are the fourth degree forward and are compared one with another The Sons and Daughters of two sisters are of the fourth degree Consobrini and are compared one with another That is all the Sons and Daughters of Uncles and Aunts by the fathers or mothers side are Cousin germans of the fourth degree 2. Sobrini The Sons and Daughters of two Uncles and Aunts are the fifth degree and are compared one with another 3. Propiores Sobrini The Sons and Daughters of two great Uncles and Aunts are of the sixth degree and are compared one with another In sobrinorum gradibus Cognationis nomina desinunt 4. Carent nominibus The Sons and Daughters of two greater Uncles and two greater Aunts are of the seventh degree and are compared one with another 5. The Sons and Daughters of two greatest Uncles and two greatest Aunts are of the eighth degree and are compared one with another SECT VI. Linea transversa Inaequalis The Uncle or Fathers brother is the third degree Line transverse unequal Patruus Pro-patruus vel Patruns Magnus Patruns Major and is compared with the Brothers son 2. The great Uncle or Grandfathers brother is the fourth degree and is compared with the Brothers nephew 3. The greater Uncle or great Grandfathers brother is the fifth degree and is compared with the Brothers nephews son 4. Patruus Maximus Abpatruus Amita The greatest Uncle or the great Grandfathers fathers brother is the sixth degree and is compared with the Brothers nephews nephew 1. The Aunt or Fathers sister is the third degree and is compared with the Brothers son 2. The great Aunt or Grandfathers sister is the fourth degree Pro-amita vel Amita magna and is compared with the Brothers nephew 3. The greater Aunt or great Grandfathers sister is the fifth degree Amita major and is compared with the Brothers nephews son 4. Amita maxima The greatest Aunt or great Grandfathers fathers sister is the sixth degree and is compared with the Brothers nephews nephew 1. The Uncle or Mothers brother is the third degree Avunculus and is compared with the Sisters son 2. The great Uncle or Grandmothers brother is the fourth degree Avunculus magnus and is compared with the Sisters nephew 3. Avunculus major The greater Uncle or great Grandmothers brother is the fifth degree and is compared with the Sisters nephews Son 4. Avunculus maximus The greatest Uncle or great Grandmothers mothers brother is the sixth degree and is compared with the Sisters nephews nephew 1. The Aunt or Mothers sister is the third degree Matertera and is compared with the Sisters son 2. The great Aunt or Grandmothers sister is the fourth
degree Materter◠magna and is compared with the Sisters nephew Matertera major 3. The great Aunt or great Grandmothers sister is the fifth degree and is compared with the Sisters nephews son Matertera maxima 4. The greatest Aunt or great Grandmothers mothers sister is the sixth degree and is compared with the Sisters nephews nephew The CONTENTS Affinity Instances Stemma Affinitatis Conclusion Tables of Consanguinity and Affinity TITLE XI Of the Degrees of Affinity or Alliance by Marriage Affinity AFFINITY is grounded upon Law and Marriage as Consanguinity is grounded upon Blood and Birth And therefore there is a near resemblance between them And though in Affinity there be properly no Degrees yet Degrees are assigned to it and are computed according to the degrees of Consanguinity 1. Degree The first degree of Affinity is in the right Line ascending and descending where as in Consanguinity all Degrees are forbidden in infinitum So that upwards I may not marry my Fathers wife and so higher for ever and downwards I may not marry my Sons wife and so lower for ever Reason The Reason is because in all these cases the party married is a Parent or a Child by marriage to the party marrying that is the woman is either a Mother in law or a Daughter in law to the man As in Consanguinity the Woman was either a mother in nature or a daughter in nature to the Man Instances Gen. 38.18 1 Cor. 5.1 2. Degree This was Juda's Incest with Tamar his Sons wife and this was the Corinthians Incest with his Fathers wife The second degree of Affinity is in the Side-line or Collateral-line equal So that in the second Degree sideward I may not marry my Brothers wife or my Sister in law nor my wives Sister or my Sister in law Reason The Reason is Because in all these cases the woman is still Sister in law to the man or the parties married are Brothers and Sisters in law as in Consanguinity the parties are brothers and sisters by Nature This was Jacobs Incest in marrying with Rachel his Sister in law for she was one sister to Leah his first wife Instances This was Herods Incest who married with Herodias his brother Philips wife And this was Henry the Eight his case who married Katherine his brother Arthur's wife v. Gen. 29.30 Lev. 18.9 11 16. Lev. 20.17.21 2 Sam. 13.10 11. Math. 14.3 4. 3. Degree The third degree of Affinity is in the Side-line unequal So that in the third degree upward I may not marry my Uncles wife or my Aunt in law nor downwards I may not marry my Nephews wife nor my Neece in law The Reason is Because in all these Cases Reason the woman is still either Aunt or Neece in law to the man by marriage and so vice versâ or the parties married are Uncle or Aunt or Nephew or Neece in law as in Consanguinity they are Uncles Nephews and Neeces in nature Now Affinity ariseth to me two waies First by my own kindred i. e. Kinsmen or kinswomen when they are married or by my wives kindred or kinswomen when I my self am married I. By my own kindred as 1. By the wives of my Male-kindred therefore the wives of my kinsmen by consanguinity are my affairs or allies in the same degree of affinity wherein my several kinsmen and I stood by consanguinity or kindred So upwards my Fathers second wife or my Step-mother or Mother in law is my Affinis or Ally in the first degree of affinity or alliance because my Father and I are in the first degree of Consanguinity or kindred And downwards my Sons wife or my Daughter in law is my Affinis or Ally in the first degree of affinity or alliance Because my Son and I are in the first degree of consanguinity or kindred And Sideward my Brothers wife or Sister in law is my Affinis or Ally in the second degree because my brother and I are in the second degree of consanguinity or kindred And so farther sideward in the third degree my Uncles wife or my Aunt in law is my Affinis or Ally in the third degree of affinity because my Uncle and my Nephew their husbands are my kinsmen in the third degree of affinity 2. In like manner vice versâ the Husbands of my kinswomen i. e. of my Female kindred by consanguinity are my Affines or Allies in the same degree of affinity wherein my several kinswomen and I stood by consanguinity or kindred So upwards my Mothers second husband or my Father in law is my Affinis or Ally in the first degree of affinity or alliance because my Mother is my kinswoman in the first degree of consanguinity or kindred And downwards my daughters husband or my Son in law is my Affinis or Ally in the first degree of affinity because my Daughter is my kinswoman in the first degree of consanguinity And Sideward my Sisters husband or my Brother in law is my Affinis or Ally in the second degree of affinity or alliance because my Sister is my kinswoman in the second degree of consanguinity So likewise farther Sideward in the third degree my Aunts husband or my Uncle by marriage is my Affinis or Ally in the third degree of affinity and my Neeces husband or my Nephew in law is my Affinis or Ally in the third degree of affinity because correspondently my Aunt and my Neece are kinswomen in the third degree of consanguinity or kindred II. By my Wives kindred For Besides the affinity arising unto me by my own kindred i. e. my kinsmen and kinswomen there accrues to me if I be married a great stock of affinity by my wife Yet a man and his wife are properly of no kin at all neither by consanguinity nor affinity in any degree of propinquity or nearness neither before marriage nor after Not before marriage because their consanguinity or affinity in any degree of propinquity would be so just an impediment against their marriage that thereupon they might not marry at all or if they did marry their marriage would be accounted unlawful and incestuous Nor after Marriage because Consanguinity and Affinity lie necessarily between two persons who make the distinct terms of those Relations But a man and his wife though naturally and sensibly they are two distinct persons yet Jurally and Legally in the estimation of Law they are no more two but one person or as the Scripture phraseth it They two are no more two Matth. 19.6 but one flesh Again after marriage a man is nearer to his Wife than to his Father and Mother for he must leave his Father and Mother and cleave to his Wife But a mans Consanguinity with his father and mother is in the first degree and therefore there can be no degree of Consanguinity with his wife because there can be no Degree before the first The marriage therefore of Man and Wife effecteth neither Consanguinity nor
Affinity but an Unity which is a conjunction more entire more perfect more eminent or more transcendent than any Consanguinity or Affinity can possibly be And though this Union by marriage be neither Consanguinity nor Affinity yet without marriage there is no lawful Consanguinity nor Affinity but Bastardy For Marriage is the ground and cause of both those Relations it is the seed and root from whence they spring and it is the term or point from whence their degrees are measured And consequently a man and his wife are neither Affines nor Consanguinei but Conjuges that is neither of Alliance nor Blood but conjoyned in one person in Law and yoke-fellows in one sacred band of wedlock And though in some passages of the Civil Law they be called Affines yet that appellation must be construed for a Metaphor and an Impropriety Now the Affinity that ariseth unto me by my Wife is easily computed thus My Wives Consanguinei or Cousins are Affines or Allies to me and are in the same degree of affinity to me as they stand in degree of Consanguinity to her And therefore my wives own Father and Mother are my Father-in-law and Mother-in-law which to me is affinity in the first degree So my wives own Brothers and Sisters are my brothers and sisters in law which is affinity in the second degree So my wives own Uncles and Aunts are my uncles in law and aunts in law which is affinity in the third degree And vice versâ my Consanguinei or Cousins are Affines or Allies to my wife in the same degrees of affinity as they are to me of consanguinity And therefore my own Father and Mother are my wives Father in law and Mother in law which is affinity in the first degree So my own Brothers and Sisters are Brothers in law and Sisters in law to my wife which is affinity in the second degree And so my own Uncles and Aunts are Uncles in law and Aunts in law to my wife which is affinity in the third degree In Affinity therefore as to the point of Marriage so many degrees are forbidden as there are restrained in consanguinity by blood As therefore in Consanguinity I may not marry any of my kindred or Cousins in the first second or third degree So in affinity I may not marry any of my Affines or Allies in the first second or third degree whether that affinity arise to me from my own kindred or from my wives kindred SECT I. But it must be considered that though Consanguinity by the means of marriage breed Affinity yet affinity so bred begets no farther affinity As in this case A man may not marry his own Mother in law because she is his affinis or his Fathers wife but I see no reason but that a man may marry his wives Mother in law because though she be affinis to his wife as being her Fathers wife and therefore her Mother in law yet she is no affinis to him whose Mother in law she is not And therefore though my wifes kindred or Cousins are Allies to me yet they are not allies to my kindred or Cousins So that though my wives Father and Mother are allies to me yet they are not allies to my own Father and Mother nor to my own Brothers and Sisters nor to my own Sons and Daughters if I had any by my former wife So likewise my wives own Brothers and Sisters though they be allied to me yet they are not allied to my own father and mother nor to my own brothers and sisters nor to my own sons and daughters if I had any by my former wife So again my wives own Children if she had any by a former husband though they be allies to me yet they are not allies to my own father and mother nor to my own brothers and sisters nor to my own sons and daughters if I had any by a former wife Hereupon as to the point of Marriage it will follow that respectively to me and my wife three sorts of Marriages may be lawful 1. First upward That my own father and my wives mother their respective Comings being dead may marry Because though my own father be allied to my wife Reason yet he is no way allied to my wives own mother and my wives own mother though she be allied to me yet she is no way allied to my own father 2. Secondly it will follow Sideward That my own brother and my wives own sister may marry Because though my wives own sister be allied to me Reason yet she is no way allied to my own brother So likewise my own sister and my wives own brother may marry for the same reason because though my wives own brother be allied to me yet he is no way allied to my own sister 3. Thirdly it will follow downward That my own son by a former wife and my wives own daughter by a former husband may marry Because my wives own daughter by another husband Reason though she be allied to me yet she is not allied to my own son by another wife And for the same reason my daughter by a former wife may marry my wives own son by a former husband because my wives own son by another husband though he be allied to me yet he is not allied to my own daughter by a former wife In several Instances the practice of these three kinds of Marriages hath been and is known in the world 1. First upward between the Parents of a man and his wife 2. Secondly sideward between the brothers and sisters of a man and his wife 3. Thirdly downward between the Children of a man and his wife which they had by their former Comings SECT II. Stemma Affinitatis Parentes Liberi Socer 1. A Father in law is the father of the wife or of the husband upward and is referred to the Son in law downward Socrus A Mother in law is the mother of the husband or of the wife upward and is referred to the Daughter in law downward Pro-Socer Progener 2. A Grandfather in law is the Grandfather of the wife or of the husband upward and is referred to the Neeces husband downward Pro-Socrus Pro-nurus A Grandmother in law is the Grandmother of the wife or the husband upward and is referred to the Nephews wife downward The Sons wife and Daughters husband are compared with the Father in law or with the Mother in law Vitricus 3. A Step-father is the Mothers other husband and is compared with the Son in law to the second husband or wife A Step-mother is the Fathers other wife and is compared with the Daughter in law to the second husband or wife A Son of a wife by another husband and the Daughter of a husband by another wife are compared with a Step-father or a Step-mother SECT III. Brethren and Kindred Feigned names must be used instead of Latin Fratria 1. The Brothers wife Sororius 2. The
Sisters husband Laevir 3. The Husbands brother Pro-frater 4. The Wives brother Glos. 5. The Husbands sister Pro-soror 6. The Wives sister In the degrees of Uncles and Aunts by the Fathers or Mothers side no Latin names of Affinity are extant therefore they are thus expressed Patrui vel Avunculi uxor Amitae vel Materterae Maritus The wife of the Fathers brother or of the Mothers brother The husband of the Fathers sister or of the Mothers sister Idem de Patruis Pro-avunculis Pro-amitis Pro-materteris coeterisque Superioribus intelligendum est SECT IV. The Church of England in case of Marriage forbids no more Degrees of Consanguinity or Affinity than are forbidden in the Civil Law Yet she numbers and computes the Degrees somewhat otherwise following therein the account of the Canon Law For she accounts Brothers and Sisters to be in the first degree of the side-line whereas the Civil Law accounts them in the second degree of the side-line and makes no first degree in that line at all But the matter comes all to one pass as some Players at Gleek reckon their games differently and yet accord well enough in the sum of the account For if we consider the Side-line alone by it self as there are several persons in it then some of those persons must needs make the First degree of the side-line in respect of the persons following therein But if we look upon the standard of the Pedigree or the person whose Consanguinity is required and from whom the degrees thereof are measured and numbred upward downward and sideward then the persons of the first degree in the side-line must needs make the second degree of Consanguinity in respect of the standard or person supposed whose Consanguinity is required and from whom the Degrees are to be measured according to the course whereby the blood is derived which doth constitute Consanguinity as before hath been intimated The Levitical Laws for Marriage do now bind us of the Church of England yet this truth is to be understood with some caution For albeit these Laws do bind us yet they bind us not by divine Authority because their obligation by divine Authority ceased expired and died at the death of Christ And thereupon all Christian Churches were left to their several liberties to follow such rules orders measures and degrees as by right Reason and Christian prudence should be established For the determination whereof the Church of England conceived it the most prudent course to make the Levitical Law her President and pattern and at last assumed them and adopted them into her own Canons and Statutes reviving unto them an obligation not of Divine authority as once they had from God but of Humane authority by the Secular and Ecclesiastical power of our Princes and Clergy after the Reformation Thus these very Levitical Laws for Marriage whose obligation by Divine authority was expired long since were afterwards revived unto a New obligation upon us by Humane authority In like manner divers of the Civil Laws do now oblige us here in England yet not by their original Constitution nor by the Imperial authority either of Justinian or any other Emperour but by the authority of our own State which hath assumed and confirmed them into Laws obligatory here in England as they were in the Roman Empire SECT V. Thus the Children of the Fee are to be lawful and pure Conclusion as genuine Sons of their heavenly Father and loving Brethren to each other to make up a holy Seed the true Church and kingdom of Christ Not to exclude Bastards from being the true Sons of God by Faith and Regeneration though they are not the true Sons of men by birth and lawful generation because God is no respecter of persons and they are innocent and shall not suffer for their Parents crimes Thus Whoremongers and Adulterers and all incestuous persons that defile the Marriage bed and all Fornicators Sodomites and unclean Persons cannot enter into the kingdom of God They never were admitted to the Fee and Homage of that kingdom or if they were admitted by Faith in Baptism they fell from it in not performing the Homage sworn to be performed by them As these men defile their own bodies and the bodies of others so they cannot be the Temples of the Holy Ghost As they pollute the World and the generations of Mankind so they pollute the Church and the generations of the Children of God As they confound and destroy the Successions and Inheritances of Temporal estates So they overthrew the estate of Heaven and cannot hold of Christ in God for the Heavenly Inheritance of eternal life They that will not be faithful in a little cannot be intrusted with much They that will not be faithful to their own wives and to their own house how shall they be faithful to their God and to the Church of God They that are unfaithful in the unrighteous Mammon who shall commit unto them the true Riches In a word without Faith it is impossible to please God and into the kingdom of heaven no unclean thing shall ever enter SECT VI. Tables of Consanguinity and Affinity The 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Bar to keep of from Parents are Uncles and Aunts by Gods Law The 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Bar to keep of from Brothers and Sisters are Nephews and Neeces or Cousin germans by Mans Law not General but Particular at some times to some Nations forbidden to restrain them from breaking in upon nearer Relations where they were more prone than other civil People were The Jews say Fac Legi Tuae Sepem Ascending Parents 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Great Grandfathers Great Grandmothers 3 Degree Grandfathers Grandmothers Fathers Mothers Quasi Parents Great Uncles Great Aunts Uncles Aunts Right Line 1 Degree Side-Line equal 2 Degree Brothers Sisters Side-Line unequal Descending Children Sons Daughters Grandson Grandaughters 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 4 Degree Great Grandson Great Grandaughters Quasi Children Nephews Neeces Grand Nephews Grand Neeces The first second and third Degrees 1. Parents and Children Brothers and Sisters Uncles and Aunts are propinquous or near and are forbidden to marry by Divine Law The fourth Degree and so forward Nephews and Neeces or Cousin Germans of the first Degree and so to the second third c. are all remote and are permitted to marry by Divine and Humane Law The Table of Consanguinity and Affinity A Man may not marry in the Right Line Upward in the First Degree Mothers Mother Cons Stepmother Aff. Wives Mother Aff. Second Deg. Grandmothers Grandmother Cons Grandfathers Wife Aff. Wives Grandmother Aff. Downward in the First Degree Daughters Daughters Cons Wives Daughter Aff. Sons Wife Aff. Second Deg. Grand-daughters Sons Daughter Cons Daughters Daugh. Cons Sons Sons Wife Aff. Daughters Sons Wife Aff. Wives Sons Daugh. Aff. Wives Daughters D. Aff. Side Line Forward in the Sisters Sister Cons Wives Sister Aff. Brothers Wife Aff. Upward Aunts Fathers Sister Cons
Mothers Sister Cons Fathers Brothers Wife Aff. Mothers Brothers Wife Aff. Wives Fathers sister Aff. Wives Mothers Sisters Aff. Downward Neeces Brothers Daughter Cons Sisters Daughter Cons Brothers Sons Wife Aff. Sisters Sons Wife Aff. Wives brothers Daugh. Aff. Wives Sisters Daugh. Aff. A Man may not marry Upwards his Mothers Grandmothers Great Grandmothers In Nature In Law Forwards his Brothers Neeces In Nature In Law Sidewards his Aunts Great Aunts In Nature In Law Downwards his Daughters Grandaughters Great Grandaughters In Nature In Law A Woman may not Marry in the Right Line Upward in the First Degree Fathers Father Cons Stepfather Aff. Husbands Father Aff. Second Deg. Grandfathers Grandfather Cons Grandmothers Husb. Aff. Husbands Grandfather Aff. Downward in the First Degree Sons Son Cons Husbands Son Aff. Daughters Husb. Aff. Second Deg. Grandsons Sons Son Cons Daughters Son Cons Sons Daught. Husb. Aff. Daughters Daug. Husb. Aff. Husbands Sons Son Aff. Husbands Daugh. Son Aff. Side Line Forward Brothers Brother Cons Husbands Brother Aff. Sisters Husband Aff. Upward Uncles Fathers Brother Cons Mothers Brother Cons Fathers Sisters Husb. Aff. Mothers Sisters Husb. Aff. Husb. Fathers Brother Aff. Husb. Mothers Brother Aff. Downward Nephews Brothers Son Cons Sisters Son Cons Brothers Daugh. Husb. Aff. Sisters Daughters Husb. Aff. Husbands Brothers Son Aff. Husbands Sisters Son Aff. A Woman may not marry Upwards her Fathers Grandfathers Great Grandfathers In Nature In Law Forwards her Brothers Nephews In Nature In Law Sidewards her Aunts Great Aunts In Nature In Law Downwards her Sons Grandsons Great Grandsons In Nature In Law Prohibitions to the Third Degree inclusively A Man may not marry his 1. Mothers 2. Sisters 3. Aunts in Blood or Nature in Marriage or Law A Woman may not Marry her 1. Fathers 2. Brothers 3. Uncles in Blood or Nature in Marriage or Law Permissions of Cousins beyond the Third Degree Briefly A Man may not marry in the Right Line any of his Mothers Grandmothers Daughters Grandaughters Side Line any of her Sisters Aunts Neeces Persons forbidden in the Right Line 15 in all 30. Side Line 15 in all 30. Briefly A Woman may not marry in the Right Line any of her Fathers Grandfathers Sons Grandsons Side Line any of her Brothers Uncles Nephews Persons forbidden in the Right Line 15 in all 30. Side Line 15 in all 30. A Postscript THose that have had the patience hitherto let them favour me a little farther for their satisfaction to read the Testimonies of some Ancient and Modern Divines who have either said the same things with me or else very like them or have given me hints at least to enlarge upon them Authorities I know by custome sound high and prevail much to vulgar perswasion But solid reason is of much more force in it self and prevails much more with intelligent and unbiassed Souls Examine well the scope of all and without prejudice and let the Learned correct qualifie expunge or add as their wisdoms shall prompt them with all Candour Hear therefore next to the Holy Scriptures what these Learned men do say Testimonia Laciniata The CONTENTS Peccatum Originale Lex Fides Duo Testamenta Fides Scripturae Nature Grace Absolute Decree Spirituale Sacrificium Superstitio Promissa Adamo Praedestinatio Meritum Perseverantia Satisfactio Praedestinatio Peccatum Originale Imputatio Labes Originalis Controversies Ceremonies Definitions and Determinations Scoffing and Railing Atheism Gravity 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Two Covenants Testament New Covenant Correspondence of Covenants Sacrifices Decalogue Baptism Natural Law Law and Gospel Resurrectio Justitia Imputatio Fides Justificatio Remissio Imputatio Justification Imputed Righteousness Justification Original sin Weakness Generousness Elements Nonage of the Church Fanaticks Terrible representations of God Popular errors Fathers not all pure OEconomy of Moses decaying Signs Some jealous conceits of God's indifferency to the World Jewish Nation a Pattern for others Votum pro Pace Christian Religion Immanation of God Emanations of God Appetites of Man's Happiness Recovery Doctrines troubled Vulgar errours Discerning Party Primitive Terms Reformation A Postscript Old Covenant Gen. 2.17 IN that day thou eatest thereof thou shalt surely die Gal. 3.10 Cursed is every one that continueth not in all things that are in the Law to do them Deot 27.26 If thou wilt not hearken unto the voice of the Lord thy God to observe to do all his Commandments and his statutes then shall all these curses come upon thee and overtake thee Deut. 23. Lev. 26.23 c. And if you will not be reformed by these things but will walk contrary unto me then will I also walk contrary unto you and will punish you yet seven times for your sins New Covenant 2 Cor. 3.6 Who also hath made us able Ministers of the New Testament not of the Letter but of the Spirit for the Letter killeth but the Spirit giveth Life 1 Cor. 10.1 c. I will not have you to be ignorant how that all our Fathers were under the cloud and all passed through the Sea and were all baptized into Moses in the cloud and in the Sea and did all eat the same Spiritual meat and did all drink the same Spiritual Drink for they drank of that Spiritual Rock that follow'd them and that Rock was Christ Job 8.17 Luc. 10.24 The Law was given by Moses but Grace and Truth came by Jesus Christ For I tell you many Prophets and Kings have desired to see those things ye see and have not seen them and to hear those things which ye have heard and have not heard them Matth. 11 1◠Verily I say unto you Among them that are born of Women there hath not risen a greater than John the Baptist notwithstanding he that is least in the Kingdom of Heaven is greater than he Hebr. 7.19 For the Law made nothing perfect but the bringing in a better hope did by the which we draw nigh unto God Hebr. 8.6 Now he hath obtain'd a more excellent Ministery by how much also he is the Mediator of a better Covenant which was established upon better Promises Hebr. 9.15 And for this cause he is the Mediator of the New Testament that by means of Death for the redemption of the transgressions which were under the first Covenant they which are called might receive the promise of eternal Inheritance For where a Testament is there must also of necessity be the death of the Testator c. 2 Tim. 1.9 10. Who hath saved us and called us with an holy calling not according to our works but according to his purpose and Grace which was given us in Christ Jesus before the World began But is now made manifest by the appearing of our Saviour Jesus Christ who hath abolished death and brought Life and Immortality to light through the Gospel Act. 13.38 39. Be it known unto you therefore Men and Brethren that through this Man is preached unto you the forgiveness of sins and by him all that believe are justified from all things from
the Son hath above the Servant not to be ejected or punished for every fault as the Servant may doth give the Son this priviledge in faults only such as are ignorances and infirmities but excuseth him not in crimes such as are malignities and wilful presumptions from being disinherited As a Malefactor relapseth into the same crimes or worse after pardon destroies himself As a Slave after liberty sells himself again to bondage is the author of his own ruin My unthankfulness therefore is the cause of the forfeiture of my right by Faith Not that I have no Faith for then I could not be justified but my Faith for want of works becomes dead It had life enough to accept of the promises and legacies of God's Will and Testament but not of the precepts and conditions So my Faith not working by Love dies and looses the right to Blessedness except it revive again by Resipiscence SECT II. Reason Breach of one party disobligeth the other Because God promiseth me a present Right to a future Blessing I accept the Promise and thereupon have right unto it and by this acceptance I do tacitly re-promise unto God that duty which as a beneficiary I owe unto my Lord by the Law of Nature and Equity Now if I for my part perform not this my promise God for his part is disobliged from the performance of his promise of which my unfaithfulness is the cause who have broken the Covenant betwixt God and my Soul My ungraciousness is also the cause of the forfeiture of my right by Faith This is a high degree of unthankfulness 1. To God so High a Person 2. For so Great a Grace as to be his Son and Heir 3. For so Free Grace without any desert desire or motion of mine or any other only my Faith to accept it If therefore to this Great God for so great Grace so freely bestowed upon me I do not return that love honour and obedience with all my heart and with all my Soul as is due from me a Son to such a Father then this extream unthankfulness and ungraciousness of mine deprives me of that benefit which I should have received from it SECT III. From hence will flow these Consequences Mutability of Justification 1. That my state of Justification is mutable It is in it self stable and permanent it may and should be perpetual but during my Natural Life and before I die it may be defeated and destroyed I do not say It must be defeated and destroyed for the mutability of it is not necessary as is the mortality of the Body which must die But the mutability thereof is possible for as it may so it may not be defeated It may not be defeated 1. It may not be defeated For when I was made a Member of Christ a Child of God and an Inheritor of the Kingdom of Heaven this state was intended to continue to me for ever For when I am dead and dissolved into dust God still remaineth my Father and my God and Christ my Elder Brother and Co-Heir and from the dead I shall be raised to the possession of my Father's Blessing for God is not the God of the dead but of the living For as Marriages so rights of Inheritances are not temporary for term of years but of perpetuity for ever Hence the Son is said to differ from the Servant because The Servant abideth not in the House for ever John 8.35 i. e. hath no right to abide for ever but the Son abideth for ever i. e. hath right to abide for ever 2. It may be defeated It may be not defeated Gal. 2.18 Else how could I build again my first state of sinfulness which once I destroyed If therefore my state may be not destroyed it may be destroyed I find by good history and sad experience that states of perpetuity have been defeated and destroyed that many a Man which had a good Estate in Fee-simple to him and to his Heirs for ever yet by making himself a transgressor against his Lord and King hath forfeited that his Estate to him and his Heirs for ever That many a Woman who was married for life till death should depart her and her Husband yet by making her self a transgressor against her Husband hath been divorced from her Husband and lost her Husband and her Dower That many a Son who was Heir apparent to his Father's Estate yet by making himself a transgressor against his Father hath been disinherited and lost his Estate And the like is possible concerning my Estate of Justification see the Scriptures Joh. 5.14 Rom. 11.20 1 Cor. 10.12 1 Tim. 1.19 Heb. 3.12 1 Pet. 2.11 Math. 12.43 44. Heb. 6.4 Heb. 10.26 27. 2 Pet. 2.20 As also consider the examples of Aaron David Solomon c. which exhortations and examples do necessarily demonstrate the mutability of my Justification Because to a thing that is impossible there needs no Exhortation Reason or Dehortation And Because of a thing impossible it is impossible that there should be any Example The Grand Reason that my state of Justification may be defeated is because it is Conditional for though God's donation of my present right to be his Son and Heir is absolute without any condition or preceeding act on my part except it be the passive act of my Faith to accept thereof yet my future possession of that inheritance whereto I have now a present right is conditional and that condition runs upon my good behaviour of deporting my self as becomes the Son of God for this condition is sufficiently expressed in God's last Will and Testament Or supposing but not granting that in God's Testament there is no mention made of any such condition yet such a condition must be understood because the very Nature and Equity of the thing requires it And the state of a Son and Heir wherein I stand doth necessarily draw this duty along with it and so bind me thereto that for non-performance thereof my state may be destroyed Yet every trespass will not destroy it neither because God will forgive me a thousand faults upon my repentance and commands me to pray unto him therefore and promises to forgive my trespasses and commands me to forgive my Brother that repenteth though he sin against me seven times in a day nay seventy times seven times Therefore certainly he being my Father will upon my repentance forgive me more times for all the daies of my life For because I am his Son therefore I am not so much under his Law as under his Grace i. e. God will not deal rigorously and strictly with me according to Law to reject or punish me for every trespass like a Slave who is under the will and pleasure of his Lord but he will use me mercifully and kindly to correct me in measure or to forgive me like a Son who is under the love and grace of his Father But if I rise up in open rebellion against my
Justification but Faith with works doth conserve Justification And so Paul and James do full well agree and James's Doctrine will be a consequence from Paul's principles For because my Faith only without works doth create my Justification and because evil works do destroy the state of it and do build again my state of Sin therefore it followeth That good works do continue my state of Justification and keep it from ruin For in case I should fall my Faith alone cannot restore me but if I recover working my works of repentance must be the means of my recovery 1 Cor. 13.2 And because as Paul saith Though I have all Faith so that I could remove mountains and have not Charity I am nothing Therefore as James teacheth Faith without works is dead And lastly because as Paul teacheth In Christ Jesus neither Circumcision availeth any thing nor uncircumcision but Faith that worketh by Love Therefore as James teaches Faith working with works is by works made perfect For the farther clearing of this seeming contradiction of St. Paul and St. James note That as faith sworn by the Vassal to his Lord justifies the Vassal to his Fee or benefice to have right thereto so the Homage it self is the life of his faith and justifies him to the same benefice that he may hold his right so obtained by his Faith In like manner faith made to God justifies his Creature to the Estate of Blessedness to have right thereto and the Homage it self which is the life of his faith justifies him to the same Estate that he may hold his right so obtained by his faith For faith without homage or works doth not justifie fully nor homage or works without Faith So true it is that Faith though it doth justifie alone to have right yet works also do justifie to hold it so both Faith and Works do justifie compleatly and not one without the other And this distinction rightly weighed and compared may easily put an end to this Controversy SECT I. The works that are the Tenure of my Justification are works of Love Works of Love 1. The Right of Justification under the Law was Faith of the promise to Abraham and his carnal Seed for the Land of Canaan 2. The Tenure of Justification under the Law was by the works of the Law of Rites and Ceremonies Thou shalt walk in all the waies which the Lord your God hath commanded you Deut. 6.24 that ye may prolong your daies in the Land which ye shall possess i. e. you shall continue your possession in the Land whereto you have a right The Law it self speaketh thus Lev. 18.5 Ye shall therefore keep my statutes and my judgments which if a Man do he shall live in them i. e. shall prolong his life from violent death inflicted by the Law The Just shall live by his Faith He that hath walked in my Statutes to deal truly he is just he shall surely live The doers of the Law shall be justified i. e. continue to be justified For default of this Tenure of works the Ten Tribes forfeited their right to Canaan for ever and the other Two Tribes were sequestred for seventy years in Babylon 3. The right of Justification under the Gospel is Faith in the promise to Abraham and his Spiritual Seed for Heaven 4. The Tenure of Justification under the Gospel is by the works of Grace which are acts of Love exercising equity mercy and kindness above the works of the Law 1. Because the works of Love are super-legal above and beyond the Law of Moses as to feed the hungry and to cloth the naked to entertain Strangers visit the Sick relieve the Prisoners pray for Persecutors c. 2. The works of Love are supernatural above and beyond the Law of Nature as not to be angry and not to resist and revenge evil to suffer persecution gladly for Righteousness sake to rejoyce in temptations to lay down our life for the Brethren c. therefore much more for God To love our Enemies and comparatively to hate our Friends Luc. 14.26 as our Father and Mother Wife and Children Brothers and Sisters these and the like works of Love are not commanded in the Law but they are the commands of Grace Hence Christ calls Love a New Commandment Joh. 13.34 A new commandment I give unto you that ye love one another as I have loved you that ye also love one another And Christ calleth it his Commandment That ye love one another as I have loved you And this Love is the fulfilling of the Law He that loves his Brother abideth in the Light 1 Joh. 4.16 He that dwelleth in Love dwelleth in God and God in him These are the works of Love not of Law which St. James saith do justifie Was not Abraham our Father justified by works Jam. 2.21 when he had offered Isaak his Son upon the Altar That work was not a duty of the Law but a service of Love by God's immediat command to try Abraham's love for no Law did command a Father to sacrifice his Son His love therefore was superlegal beyond any Law of mercy And not only so but supernatural beyond any Law of Nature when his love to God to whom he had Alliance only by Faith surpassed his love to his only Son to whom he had Alliance only by Nature and in whose behalf he had received the promises Jam. 2.25 Likewise also Rahab the harlot was justified by works when she received the Messengers and had sent them out another way Those works were not duties of any Law Josh 2.12 but the Offices of Love or as she called it A shewing of kindness in entertaining lodging and protecting of Strangers Her love was therefore superlegal above and beyond the Law for no Law commanded to entertain Spies to the destruction of a City And her love was supernatural above and beyond the Law of Nature when she shew'd kindness to her Enemies in housing hiding and sending them away safely The Ceremonious works of the Ritual Law are carnal in themselves and could justifie to nothing but a carnal purity and a security from a carnal punishment of Death All these Rites of Sacrificing Washing Feasting Fasting Circumcising c. are extinct The Moralities of Moses Law as to be no idolater no forswearer no murderer adulterer thief lyar nor deceiver c. are the bare negative duties for the most part and according to the letter are themselves dead and I am dead to that dead Letter which killed those that are under it with a curse and it is a part of my Justification to be free from the Law for I am not under the Law but under Grace nor under the Letter but under the Spirit And therefore the works of the Gospel are works of the Spirit which gives life by faith and maintaineth it by Love the works whereof are purely Spiritual inward and lively free from all carnal and outward shew
no Comparison A man's Heir is himself in all Successions and with himself still represented goes along the Possession of all his Honours and Goods for ever A man's Wife is part of himself and carrieth part of his Estate and Honour with her as a Wife should do But his Heir hath all himself and his Estate and Honour too as an Heir should have SECTION IX Acquisition of Goods Other ways of acquiring Goods there are but only in part as first Ocupation Invention Accretion Donation c. But this is in full to go away with all by right of Testamental Inheritance Let every comfortable and benefical Relation therefore be taken in especially that of a Father which is Christ's own Relation by Nature and ours by Grace and Adoption in Christ the principal Son of God and Heir of all things this hinders not but includes the Love-respects of Wife Spouse Sister Brother Friend or Allies Love of God All Love in God is great towards all his Creatures but chiefly to Mankind and more especially to his Church Love of Souls This Love of God to the Soul passeth all knowledge to express the height and length and depth and breadth thereof And again the Love of the Soul to God is unexpressible Stay me with flagons and comfort me with apples for I am sick of Love It is the Soul's ravishment and admiration to an Extasie to see it self thus beloved of God and not know how nor why and to feel what she is not able to conceive or express The blessed Cherubims and Seraphims burn with this Love But for the description of God's Love that kindles all other Love we must draw a Curtain Silence best expresses what we are not able to understand The Communion and fellowship with God Communion proceeding from the mutual love between God and the Soul and the influences of the Spirit is the great mystery of Christ and his Church Behold what manner of Love this is Adoption that we should be called the Sons of God! And we know that we are now the Sons of God but we know not hereafter what we shall be but this we know that when he appeareth we shall appear with him in glory and of Carnal be made Spiritual of Corruptible Incorruptible of Mortal Immortal A man may have many Friends very near and dear unto him Heir the most Beloved and which may bestow upon him many and great gifts and to whom he may give many and great gifts also but the Son and Heir of his Body lawfully begotten or the Son and Heir of his Love lawfully adopted receives most favour and profit by him because he is himself represented and his Off-spring forever So Christ is the beloved Son and Heir of God in whom he is well pleased and in whom we are the beloved Sons and Heirs and Coheirs with Christ The rest go away with their several gifts and honours from him and set up several houses and families of their own but the Son and Heir is full and continual Successor to his Father in all his Honour and Estate as Lord Earl or King with all the Lands and Revenues for ever entailed upon him by his Father who thus never dies But a Wife after her Husband's departure is a Widow free for another man loses a great part of her Lustre and Priviledges and enjoys only her Dowry which she had before from her Father or her Joynture which she received from her Husband so that her Widowhood by her Husbands death is a diminution to her head But it is the augmentation of an Heir by his Father's decease And thus God would have it be in the manner of the conveyance of his Estate to us by way of Testament that we should be his Heirs Thus Love is contained in God's Promises Laws Constitutions Decrees and Testaments at large wherein is the Royal Charter of God's great Donation to his Church and faithful People instituted to be his Heirs and Co-heirs with Christ in toto solido every one of them without any diminution of happiness though there be degrees thereof And under this Grant they claim their Right by their Faith or Promise or Covenant with God to accept of his Love and to obey his Laws An high honour to be the Friends and Allies of God but a far higher to be his Sons and Heirs in all Honours and Inheritances entailed and never to be cut off by God but only by their own Refusal or Apostacy else the Promise of God standeth sure and they remain spiritual Prophets Priests and Kings for evermore This is the only difference between earthly and heavenly Heirs that the Earthly succeed in Flesh and Blood Honour and Estate and in all things but only Vertues and great Parts but the Heirs of God succeed not only to the Inheritance of Glory but to the Vertues Gifts and Graces and Likeness of God To conclude in a word there are many and great acts of Grace in the World but none of them nor all together are so gracious as that of a Testament And such is the Gospel the New Testament of God's Grace SECTION X. Definition of the Gospel This is a Definition of the Gospel so large in extent that we can reach nothing beyond it to prove it by Not because it is no true Definition but because it is so highly true that there is no cause or reason above it wherewith to prove it A prime Verity an Axiom a Principle 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Causa Postulatum ut Triangulum est rectilinium Trilaterum A Demonstration so of reason so true that no body in his right wits can deny A Nominal or Grammatical Cause may be given for the words Gospel Testament or Covenant but no Rational or Real Cause because it is a Definition Nevertheless though it cannot so properly be proved because granted and a Principle yet it may well be illustrated or declared more to the understanding thereof Definition of a Testament And so a Testament is a just Decree of things to be had or done after the Testators death according to that of Justinian Testamentum est voluntatis justa Sententia de eo quod quis post mortem suam fieri velit Called by the Greeks 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or a Disposition or Decree of the Will and by the Latins Testamentum or solemn Testation of witnessing of the Testator's mind declared to fit persons And in this the Wisdom and Goodness of God to us appears in condescending to our shallow Capacities by setling the Inheritance of Eternal life upon mortal Men by an Immutable Testament after the manner of Men more impossible after the Death of Christ to be revoked than all the Laws by the Medes and Persians that by this way and means all Believers might be assured that they are Instituted the Sons and Heirs of God by Jesus Christ in his last Will and Testament because it is so ratified by the Death
Children that descend from him and what he then ordereth or doth as concerning his Goods the same in a manner his Heirs are accounted to do and may be bound to do as his Heirs Executors Administrators or Assigns Hence may easily be understood that which together with the Author of the Hebrews we affirm That such external Acts of the Parents concerning their Honours or Estates not their Manners or Conversation good or evil must be extended or imputed to their Children whether by Nature Law or Adoption it is all one or Posterity that succeed in their Estates or Honours otherwise if the Estate or Honour be spent or forfeited or the Children disinherited or otherwise that the Inheritance fall and is not conveyed as in a stream or line of Succession Then whatsoever any man orders or disposes as to his Estate and all that belongs thereunto cannot be attributed or imputed at all to his Posterity SECTION VII Levi Blessed of Melchisedec Because Levi received a Blessing from Melchisedec Levi was a Blesser of others but here Levi himself is Blessed by another Levi did not Bless others in his own Person because he was not then in being but in his Posterity neither did he receive a Blessing properly in his own Person because he was not subsisting but in his Father's Person If at that time Levi had been a Person separated from Abraham his Father then he had been capable by the consent of his own Will to have received the Blessings from another's Will and so this Act of Abraham's Reception of the Blessing from Melchisedec had been nothing to him But because Levi was so united and joyned to Abraham as that he was part of him and one Person with him as fast asleep in his Causes and close locked up in his Loyns therefore also he is justly reckoned or imputed to have received a Blessing from Melchisedec in or from or through Abraham his Father Melchisedec Immortal 3. Because Levi was Mortal but Melchisedec Immortal He that blesseth and receiveth Tithes dieth and another comes in his place and dies also and so the Priests still die one after another But Melchisedec both Blesseth and receiveth Tithes and never dies having no Successor Heb. 7.8 but abideth for ever Thou art a Priest for ever after the order of Melchisedec Psal 110.4 The CONTENTS Christ of that Order Christ's Pedigree Joseph's Pedigree Maries Pedigree Christ no Priest by Birth Christ made a Priest by Oath Christ a Royal Priest Christ Priest and Sacrifice Christ Ministers in Heaven Tabernacle Imperfect Sanctuary a Worldly Manufacture Ordinances Arbitrary Way to Holiest not made Christ first enters the Holy place Faithful enter at the Last day Services Imperfect Christ's Blood dedicates the Holy of Holies One Offering Christ offers Self in Heaven Christ reigns in Heaven Melchisedec a Type of Christ Of the offering of Christ Through the Spirit Without Spot Once In Heaven TITLE VI. Of the Order of Melchisedec CHRIST a Priest of the Order of Melchisedec Christ of that Order Christ was not a Priest after the Order of Aaron Because Christ came of the Princely Tribe of Judah Christ's Pedigree which by Law had no right to the Priesthood nor never gave any attendance on the Altar as Priests For it is evident that our Lord sprang out of Judah Heb. 7.14 of which Moses spake nothing concerning Priesthood Judah was the Tribe Royal the Kings of that Tribe were called the Kings of Judah of this Tribe was the Virgin Mother of Christ and by Family of the House of David the Family Royal Luk. 1.24 c. for the Kings of Judah were all of that Family Joseph also was of the same Tribe and Family but in Line different from Maries Joseph's Pedigree Luk. 3. For Joseph descended from David by his Son Solomon in whom ran the Line of the Kings who ruled before the Captivity Maries Pedigree But the Virgin descended from David by his Son Nathan from whom ran the Line of the Dukes who ruled after the Captivity So Joseph came from the Line of the Kings and Mary from the Line of the Dukes 1 Chr 3.16 Jer. 22.30 who were the Princes of the Blood and possessed the Government when the Line of the Kings failed in the Issue of Jeconiah Math. 1.11 Luk. 3.31 St. Luke describes this Pedigree of Mary from the Tribe of Judah and Family of David Luk. 3.23 descending by his Son Nathan to her natural Father Eli or Eliakim the Father-in-law of Joseph Heb. 7.14 The Author of the Epistle to the Hebrews supposes this for granted because he wrote to the Jews that believed that Jesus was the Christ who by the Scriptures was to come from David Judah and Abraham and did come accordingly by being born of the Virgin Mary the Wife of Joseph who was of the Seed of David Judah and Abraham For any Son that is born of the Body of a Man's Wife whose Body is accounted the Husband's Body though he be not begotten by the Husband so it be not begotten by another Man that is not her Husband is and must be his Son who is the true Husband to the Woman Because God hath free Power to give a man a Son which way he pleaseth that is either naturally by generation of the Husband or supernaturally without the generation of the Husband or Wife either as in the case of Isaac by Abraham and Sarah both dead as to Generation So by the Law of God it was ordained that when the Husband died without Issue his Brother should marry the Widow and if he had any Child by her it should be called the Seed of the Husband that was deceased to whom his Brother was to raise up Seed by his Widow With how much more reason may Christ be called the Son of Joseph and therefore of David Judah or Abraham though conceived and begotten of the Holy Ghost upon Mary the espoused Wife of Joseph after a supernatural manner SECTION I. Christ no Priest by Birth 2. Because not a Priest by Carnal Law or Birth as Aaron and his Sons were For The Priesthood was bound to the Tribe of Levi and to the Family of Aaron in that Tribe but Christ's Priesthood was clear another thing not after a Carnal Commandment but after the Power of an endless Life Christ made a Priest by Oath Heb. 7.10 3. Because Christ was made with an Oath to make his Priesthood immutable but Aaron without an Oath An Oath declares the truth and strength of a thing Now the things which God will have to be firm strong and unchangeable must needs be better than those that are weak and mutable such as the things are to which no Oath is added but God will have them to depend only upon his will and pleasure to retain or remove as it shall seem good unto him For those Priests were made without an Oath but this with an Oath Heb.
Dower nor power from Abraham in his House as a Wife but was still a Bondmaid to her Mistress and when she had served both and done her work as a slave she was fairly turned out of doors 2. Isaak the younger by a Free-Woman his Legitimate Son by a lawful Wife Sarah free born and free living a Matron that had right of Bed and Board Dower and Dignity Power and Rule under her Husband over the Family As the two Mothers conditions were quite contrary the one to the other so were the two Sons for Partus sequitur ventrem one therefore a Bondman the other a Freeman one had no right to the Inheritance because a Bastard the other had right because a lawful Son So those under the Law unjustified are in the condition of Ishmael who though a Son had neither the state of a Person nor the right of a Son but was a Bondchild and Bastard because he came from a Woman who had not the state of a Woman nor the right of a Wife but was a Bond-maid and a Concubine So the Sons of the Law that trust to their Mother Bondwoman shall be as little justified or have as little right to the inheritance of Heaven as the Law can afford them which is none at all for Righteousness comes not by the Law and by the Law no flesh can be justified even as little right as Ishmael could have to Abraham's inheritance who was born of a Woman who had works enough for she was a Bondmaid yet no right by them for she had no right in her Person But they that are under the Gospel are justified are in the same condition of Isaak who had the state of a Person and the right of a Son because he was born of a Free-Woman who had the state of a Woman and the right of a Wife So the Sons of the Gospel that trust to their Mother Free-Woman shall be as much justified or have as much right to the Kingdom of Heaven as the Gospel can afford which is All right Even as much right as Isaak had to Abraham's inheritance who was born of the Free-Woman who had Faith enough for she was free and therefore All right by her Faith for she had all right in her Person This was the first difference between these two Sons on the Mother side because born of several venters The second difference is on the Father's side For though they had one and the same Father yet they were begot from different principles operating in Abraham and enabling him to beget them Gen. 16.2 1. For Ishmael came from Abraham as a Natural Father born after the Flesh by Abraham's natural power and strength for though Sarah was restrained from bearing yet Abraham was not restrained from begetting at eighty five years old 2. For Isaak came from Abraham as a Supernatural Father born after the Spirit by a Supernatural power of God when he was ninety and nine years old and Sarah ninety years old and was ever barren which was a double deadness of age and custom This Generation and Conception was by God's promise Rom. 9.8 9. or by the Spirit and power of God So they that will be under the Law which is a Bondwoman and therefore engendreth bondage though thereby they be the Children of God yet they are but his Natural and Carnal Children because born after a meer natural and carnal way Heb. 9.10 and live under a Law consisting of carnal and fleshly ordinances But they that are of the Gospel which is a Free-Woman that engendreth Liberty and Freedom one of the Divine and Spiritual Sons of God because by means of their Faith they are born of the Spirit For that which is born of the Flesh is Flesh but that which is born of the Spirit is Spirit Joh. 3.3 Ephes 1.13 And because after that Faith they are sealed with that Spirit which is the Spirit of Promise SECT XXIX Many more Covenants God made but these two of the Law and the Gospel were the most eminent Because 1. National and OEcumenical Covenants 1. The Law was National to the Jews only 2. The Gospel was OEcumenical to all the World The other Covenants that were made were but personal or famular to one single Person or Family as to Adam Noah Abraham David c. 2. Mediatory and Testamentary Covenants by the intervention and execution of two solemn Mediators and Executors Moses and Christ The rest were immediately proposed and executed by God and had no Interlocutor nor Performer beside Though these two Covenants and Testaments do disagree from all other Covenants and Testaments yet they are as different and contrary one to the other as was Hagar and Sarah SECT XXX 1. The Law was a Covenant of Bondage 1. From the adjunct of place from Mount Sinai Law a Covenant of Bondage Exod. 19. Gen. 25.18 the place in which the Law was given and the Country of Hagar Gal. 4.25 2. From the adjunct of Bondage engendred according to the nature of Law so are the Spirits the Genius and manners of Men. The Law of Moses is carnal and burdensom for its rights and contains only Temporal promises and curses accordingly therefore it begets servile labour and servile fear a hard Mother a curst Mistress SECT XXXI 2. The Gospel is a Covenant of Liberty 1. From the adjunct of place from Mount Sion Gospel a Covenant of Liberty the place in which the Gospel was given and the Country of Sarah Jerusalem which yet is in a kind of bondage too compared with Jerusalem which is above which is free and the mother of us all Hebr. 12.20 Hebr. 11.10 Rev. 21.2 3. 1. The Seat is above 2. The State is free 3. The Issue general Because the mother of us all the true Spouse of God by whom he begets Children by his Promise and Spirit John 3.8 Gal. 4.29 He that is born of the Flesh persecuted him that was born of the Spirit Law published on Earth by an Angel Gospel published in Heaven to Christ and from Heaven to the World Heb. 12.25 See that ye refuse not him that speaketh for if they escaped not who refused him that spake on Earth much more shall not we escape if we turn away from him that speaketh from Heaven Sarah Mother but of one Nation Jerusalem the Mother of all Nations Is 54.1 Glorious then but after the Captivity more glorious So will the Gospel be after many Ages of barrenness Isaak's Posterity double to Ishmael's New Covenant more large and more lasting than the Old The Jew persecuted the Christians as Ishmael persecuted Isaak by mocking him The carnal Christian who persecutes his Brother learnt it of the infidel and carnal Jew But the Son of the Bond-Woman shall be cast out for he shall not be heir with the Son of the Free-Woman 2. From the Adjunct of Liberty As is the Gospel so are the Spirits of Men. The Gospel Spiritual and easie a
kind Mother and Mistress This Ishmael was born after the flesh of Hagar a young Woman and Abraham able to beget by her Isaak born after the Spirit of Sarah an old Woman and Abraham an old Man not able to beget but Abraham was supernaturally enabled Heb. 11.12 especially Sarah who was both old and barren 1. Ishmael typifies those that seek Justification by the Law or works 2. Isaak typifies those that seeks Justification by Grace or Faith They that seek Justification by works depend upon themselves and their own natural goodness or strength or the works of Law They who seek Justification by Faith depend upon God's Grace and free Promise ☞ Note here by the way that Isaak was a Type not of personal Election from all Eternity but of such as shall be justified by Faith in the Promise For the scope of the Epistle is in opposition to the Jewish confidence to prove that Justification is not by the Law So that the conceit of Election and Reprobation from this place is quite and clear Eccentrical from the scope and business which the Apostle aims at in this place 1. From whence I observe That the Mysteries of Salvation are declared not by words only but by Providences and Dispensations 2. That God without acceptation of persons may advance one above another in temporal benefits Acceptation of Persons hath place only in Judiciary rewards not in Dispensations of Grace and Mercy to eternal Rewards SECT XXXII Gen. 25.3 Jacob and Esau Besides that Allegory of Jacob and Esau denotes two Nations for the Text saith Two Nations are in thy womb and is by the Apostle applied to the Freedom of God preferring the younger Brother the Gentiles before the Elder the Jews Ro. 9.11 c. not upon any account of works For the children being yet unborn neither having done good or evil that the purpose of God according to Election might stand not of works but of him that calleth it was said unto her The elder shall serve the younger As it is written Jacob have I loved and Esau have I hated But the Preferring of the Gentiles before the Jews was only upon the account of Faith by the which they were justified and the Jews could not be justified because they stood upon their works So Jacob and Esau were not Types of a Personal Election and Reprobation but of a specifical National Election and Reprobation whosoever how many or how few soever not to an Eternal but to a Temporal Inheritance 2 Sam. 8.14 For the Elder shall serve the Younger and so the Edomite did serve the Israelite v. 2 Sam. 8.14 Je. 60. 1 Chron. 18.11 13. And the Idumaeans revolted Psal 137.7 Ez. 35.5 10. yet were they subjects 1660 years Jacob signifies the People of the New Testament by Faith Esau signifies the People of the Old Testament by Works Object Gal. 3.17 The Covenant that was confirmed of God before in Christ the Law that was four hundred and thirty years after cannot disannull that it should make the promise of God of no effect Solut. These words prove not that the Gospel or Covenant of Grace was before the Law or Covenant of works but before that solemn repetition or new Delivery thereof upon Mount Sinai When there was a Brief Transcript of it written and delivered unto Moses in Tables of Stone by God Rom. 5.20 Gal. 3 19 c. The Law entred that the offence might abound The Law was added because of transgressions till the Seed should come to whom the promise was made c. And that the Law or Covenant of Works was in being yea in force in the World before the publication of it from Mount Sion appears For untill Law sin was in the world Rom. 5.13 that is from the beginning of the World until the giving of the Law in words and writing from Mount Sinai And Consequently a necessity of the Law because where no Law is there is no transgression Rom. 4.15 but sin is not imputed where there is no Law that is Ro. 5.13 sin is not charged upon Men or punished nevertheless death reigned from Adam inclusivè unto Moses even over them that had not sinned after the similitude of Adam's transgression and consequently there must needs have been a Law without the breach whereof Men had not been obnoxious unto death Yea not only the Moral Law properly so called was extant in Men's hearts and delivered by Tradition but some particulars of the Ritual Law practised in the World before the delivery of the same Law much disused and forgotten to Moses in Writing upon Tables of Stone upon Mount Sinai As appears by the offering of Sacrifices of old and of the Sabbath and of Circumcision commanded to Abraham and his Seed and by the Marriage of the Widow of a Kinsman dying without Issue before the Law Yea the Law or Covenant of Works was as ancient as Adam and by transgression thereof he and all his Posterity incurred the guilt and punishment of Death Therefore the Law or Covenant of Works was the first born Testament or Covenant of Works made by God with Mankind And upon this account they who are of the Law i. e. who seek for Justification by the Law of works are resembled by Esau the Elder Son and they who expect Justification by the New Testament or Law of Grace i. e. by Faith are properly typified by Jacob the Younger Brother When God said to Rebecca Two Nations are in thy Womb ☜ and the Elder shall serve the Younger he mystically signified that his absolute will and purpose was never to own for Sons and Heirs of Heaven the People of the Elder Covenent i. e. those that should seek for Justification by the Law but to assign over those for Servants or Bondmen to his Children i. e. those of the later or younger Covenant who should seek the Adoption of Sons or Justification by Faith Thus God was pleased to declare to the World that his purpose according to Election might stand firme and unchanged and that he meant not to elect or make choice of those whom he should or would adopt by the rule of Works or by any rule that Men should commend to him or desire to impose or obtrude upon him but only by the Rule of his own most free gracious and wise pleasure which he hath declared to be the Rule of Faith Inasmuch as in equitable Right the making his own choice in this kind accrueth unto him as he is the sole Magnificent Founder of this Blessed Feast of Justification calling and inviting the World from all Quarters to come unto it For a Clench to keep this Interpretation from stirring The Prophet Malachi brings in God thus Saying Was not Esau Jacob's Brother Mal. 1.2 c. yet I loved Jacob and hated Esau and laid his Mountains and Heritage waste for the Dragons of the wilderness He gave Esau a lesser portion of an earthly
natural Son of Jacob. Luk. 3. â—3 Matth. 1. Now Heli and Jacob were Brethren the Sons of Matthan who was Grandfather to Joseph and Mary 2. The Christian Law or the Gospel no where forbids these Marriages Christian Law Christ saith A man shall leave his Father and his Mother and cleave to his wife and they two shall be one flesh By Father and Mother are forbidden the marriage of Parents and Children By cleaving to his wife are forbidden adultery with another mans wife and Extra-nuptial pollutions and Concubitus Masculorum By they two shall be one flesh is forbidden Polygamy and the mixture of several species of flesh as bestiality c. 3. As for Publick Honesty and good Report Publick Honesty and good Report which is required in all things especially in Marriages there is nothing contrary to those in the marriage of Cousins german I do not mean false Love or weak fancies and estimations of Vulgar People concerning publick fame or honesty But I hold that the Laws of God and of Men and the universal judgments of the best part of Mankind are the measures of publick honesty Sp. Ligustinus in Livy saith Pater mihi uxorem dedit fratris sui filiam Instances Cicero pro Cluent saies that his Sister married Melinus her Cousin German Augustus Caesar gave his daughter Julia to Marcellus the Son of his Sister Octavia The brave Brutus was married to Portia the daughter of his wise Uncle Cato Marcus Antoninus the Philosopher was married to his Cousin german Annia Faustina Constantius the Emperour gave his Sister to her Cousin Julianus L. 1. § duorum Inst de Nuptiis L. 3. L. non solum § 1. ff de Ritu Nuptiarum L. si Nepot 3. de Ritu Nupt. L. Conditioni 2. C. de Inst Theodosius Obj. being perswaded by St. Ambrose was the first that forbad these Marriages Tantum pudori tribuens continentiae ut consobrinarum nuptias vetuerit tanquam Sororum This Law was abrogated by Arcadius and Honorius his Sons Sol. v. Justin L. Celebrandis C. de Nuptiis Revocatâ prisci Juris Authoritate restinctisque calumniarum fomentis Matrimonium inter Consobrinos habeatur In the Theodosian Code the Law seems to say otherwise in the Titles Obj. Si Nuptiae ex Rescripto petantur T. de Incestis Nuptiis Alarick King of the Goths Sol. commanded Arrianus to make a Breviary of the Code and he corrupted this Law fitting it to the custome of his own Country So did he in the Epitome of Caius his Institutions So did Theophilus till Curtius his Latin Interpreter mended him And Trebonian the great compiler of the Pandects and Code made as bold with Justinian as Arrianus did with Theodosius and sometimes great Lawyers and Statesmen will do what they list for all Princes The Canon Law 4. As for the Canon Law that doth now forbid it of old it was not so In the Canons of the Apostles there are these Instances He that marries two Sisters or his Brothers widow or daughter may not be received into holy Orders and no more But about St. Augustines time it is said concerning the marriages of Cousin germans Nondum prohibuerat Lex humana Divina nunquam In the Synod of Paris almost six hundred years after Christ these are called unlawful Marriages Quae contrà praeceptum Domini contrahuntur none else In the old Canons all the prohibited Instances are in this Table C. Extr. de Rest Spons Nata Soror Neptis Matertera Fratris Uxor Et Patris Conjux Mater Privigna Novercae Uxorisque Soror Privigni Nata Nurusque Atque soror Patris conjungi lege vetantur But about this time were sad Assemblies of Bishops because the Nations were corrupted with the Goths and Vandals that subdued them And the Clergy especially were willing to comply with the Conquerors whose Laws did not allow this practice And at such a troublesom time as that was they judged it expedient to prevent incestuous Marriages of brothers and sister to make this Bar or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of forbidding Cousins german to marry though it were never forbidden before These Prohibitions of Popes began at first with the first degree of Cousins called German then they crept farther to the second degree then to the third and fourth degrees of Cousins so often removed then they came to seven degrees at last and then back to six and four again as in the Caballian Synod Sometimes they went out of sight Usque dum generatio agnoscitur aut memoria retinetur Their Reasons are like their Laws bald enough For four degrees the reasons are because there are but four Humors in the body but four Elements in the World and but four fingers and a thumb upon a mans hand So the Thumb is the Stirps or Common parent And the life of Man is but a span long and there are but four Quarters of the World Ergo c. Quod erat demonstrandum For seven degrees their Reasons are because there are but three Faculties of the Soul which being joyned to the four Humors of the body make seven and therefore we must abstain to the seventh Generation that is to Cousins seven times removed Oh rare Also because by the Civil Law Inheritances descended but to the seventh degree therefore marriages of Cousins must be forbid to the seventh degree A false ground this is if good that they go upon because Inheritances descend unto the tenth degree But if not they reckon their degrees otherwise than the Civil Law doth and consequently forbid marriages of Cousins to the fifth degree exclusively because by them those Cousins are reckoned but in the second degree which by the Civil Law are in the fourth degree For by that Law there are so many degrees as there are persons one excepted which is the Common stock But by the Canon Law so far as either of the persons is distant from the common Parent so far he is distant from the other in the Equal line Besides it is evident That sometimes that which is lawful hath been prohibited lest men should run into that which is unlawful Not to come too near the hedge least they should get over the hedge And this is matter of prudence and caution only not of what is lawful or unlawful And farther yet It is apparent that such laws as these are Draines and Decoys to get mony for Gold will purchase Leaden dispensations at any time And just so it was in this change of the Law concerning Cousins german That the Civil Law was tuned to the Key of the Canon Law and both to the Air of the Goths and Vandals Second Cousins are forbid to marry Ergo First Cousins much more Obj. though they be not expresly named None ever forbad second Cousins to marry Sol. but they that forbad first Cousins to marry Besides it is a groundless fancy and a vulgar errour and I could never find any reasons for it Isaack