Father's Brother's Daughter I answer No for my Father's Brother's Widow is my Aunt but my Father's Brother's Daughter is my Cousin German but my Aunt is nearer to me then my Cousin Look but upon the Draught of Degrees which I have before drawn and if you count from Me to my Father's Brother which is the place of my Aunt you shall find but three Degrees but from Me to my Cousin-german or First-Cousin you shall find four Degrees And whereas we are told that to make amends for this we must take notice that my Vncle's Widow is tied to me onely by outward affinity but my Cousin-German is near to me by bloud and consanguinity I answer that the difference betwixt Affinity and Consanguinity in this place helps not at all It is confess'd that look what degree of Consanguinity is forbidden the same degree of Affinity likewise is forbidden if any be contracted For as I may not marry my Mother so I may not marry my Father's Widow my Daughter and my Son's Wife my Neice and my Nephew's Wife are all alike forbidden to me And by the same Analogy as I may not marry my Aunt so I may not marry my Vncle's Widow Yet to help the lameness of this reason we are told but not for news I trow for who knew it not that in Consanguinity some degrees further removed are excluded marriage for instance my Brother's Grandchildren to the Fourth and Fifth Generation yet all this wind blows no corn for it is already granted that I am excluded the whole Line of my Neices not onely to the Fourth and Fifth but to all Generations possible And here the Line of Neices suffers the same which the Line of Mothers of Aunts of Daughters doth which are wholly excluded in the furthest degree imaginable so that the total exclusion of Neices proves not the marriage of First and Second Cousins unlawful much less doth the exclusion of them to the Fourth and Fifth Generation So that any Law of God or sound Reason notwithstanding Marriage betwixt First Cousins may very well pass for lawful But whereas some of the Antients and likewise some of the Modern Churches out of scrupulosity have excluded marriage betwixt First Cousins yet neither any of the Antients nor any Churches at this day that I know the Church of Rome onely excepted have prejudiced the marriage of Second Cousins so that whosoever they be that marry in that degree if themselves be perswaded of the lawfulness of their Action they have no cause to doubt of the Blessing of God upon them and their posterity That which remains of the Discourse yet untouched is of no great weight though of some heat for indeed it is nothing else but Rhetorical and passionate amplification and to return Answer to it were but to lose my labour If this which I have done give you content I have my desire Onely thus much I request of you for my pains that you will cause your Amanuensis to transcribe a copy of my Letters and at your leisure send it me For whereas I was long since desired to deliver my self in this point in the behalf of a great Person of this Land who is now with God I kept no copy of my Meditations by which errour I was now as far to seek as ever which was the cause which made me slower in returning Answer to your Letters This courtesie if you shall be pleased to grant me you shall for ever oblige unto you Your true Freind and Servant JOHN HALES The Method of Reading Profane History IN perusal of History first provide you some Writers in Chronology and Cosmography For if you be ignorant of the Times and Places when and where the things you read were done it cannot chuse but breed confusion in your reading and make you many times grosly to slip and mistake in your discourse When therefore you set to your Book have by you Helvicus his Chronology and a Map of the Countrey in which you are conversant and repair unto them to acquaint you with time and place when and where you are If you be versing the Ancient Histories then provide you Ptolomy's Maps or Ortelius his Conatus Geographici if the latter then some of the Modern Cards As for Method of Reading History note that there are in Story two things especially considerable First the Order of the Story it self and secondly Moral or Statical observations for common life and practise For the latter of these there needs no method in reading all the method is in digesting your reading by bringing it into Heads or Common places or Indices or the like For in this kind read what Books and in what order ye list it matters not so your Notes may be in some such order as may be useful for you For the former that is the course and order of the Story The order of reading ought to be the same with the order of the things themselves what was first done that is to be read in the first place what was next in the next place and so forward the succession and order of time and reading being the same This if you mean to observe exactly which I think it is not so necessary for you to do you must range your Authours according to the times wherein the things they writt were acted and in the same order read them But before you come to read the acts of any people as those that intend to go to Bowls will first see and veiw the ground upon which they are to play so it shall not be amiss for you first to take a general veiw of that ground which you mean more particularly to traverse by reading some short Epitome So ere you read the Roman Story for that way you mean your studies shall bend first read carefully L. Florus who breifly continues the story from Romulus till Augustus shut the Temple of Ianus And if you would yet go lower adde then unto Florus Eutropius his Breviarium who from the same point brings the Story unto Iovianus the Emperour This will give you a general taste of your business and add light unto particular Authours This done then take Livie in hand Now because Livie is very much broken and imperfect and parts of him lost it may be question'd whether were better to read Livie throughout bawking his imperfections before you meddle with any other or when you come to any imperfection to leave him and supply his wants by intercalation of some other Authour and so resume him into your hands again toties quoties For answer Were it your purpose exactly to observe the course of the Story it were not amiss where Livie fails you before you go to his next Books to supply the defect out of some other Authours but since this is not that you principally intend but some other thing and again because variety of Authours may trouble you it will be better for you to read Livie throughout without interruption When you have
accordingly was the practise of God's own people for so we read that the daughters of Zelophehad were married to their Vncle's Sons and Caleb gives his Daughter Achsah in marriage to his Brother's Son and sundry instances more in this kind might be given Now that those things should be done by dispensation and permission onely which I see is pleaded by some men I know no warrant nor reason for it so that what may be done in this case by the Law of God I think is out of question Let us see a little what the light of Nature taught the Gentiles Amongst them the wisest and most potent were the Romans whose Laws have long been esteemed for the soundest and best by the general approbation of the most and greatest Kingdoms and Common-wealths in Europe Now amongst these the Romans both by their Law and practise did warrant Marriages between First Cousins their Law is plain and thus we read it in their Pandects about the beginning of the 23. 6. Si nepotem ex filio nepta ex altero filio in potestate habeam nuptias inter cas me solo authore contrahi posse Pomponius scribit verum est This one Text is sufficient though I could quote many other Testimonies out of their Law concerning this kind of Marriage What their practise was these instances which ensue will be sufficient to shew Anciently under the first Kings Dionysius Halycarnasseus tells us that two daughters of Servius Tullius were married to Lucius and Arnus their Cousin-germans Nephews to Tarquinius Priscus Livie in his 42. 6. brings in one Spurius Ligustinus reporting that his father had given him for wife his Vncle's daughter and thus he speaks to his own praise and commendation as it will appear if you please to peruse the place Tully in his Orat. pro Cluentio tells us that Cluentia was married to Melius her Cousin-german erant hae Nuptiae saith he plaenae dignitatis plaenae concordiae which I think he would never have said had their lien upon such marriages any note of infamy Augustus the Emperour gave his daughter Iulia in marriage to Marcellus nephew to Augustus by his sister Octavia And Quintilian tells us that his son whose immature death he doth bewail was designed when he came to age to marry his Uncle's daughter and Marcus Brutus was married to his Cousin-german as Plutarch relates Out of this heap of instances it appeareth that in the Roman Common-wealth throughout all Ages and amongst all sorts of people Marriages between First-Cousins ran uncontrolled The first that gave restraint unto them was Theodosius the Great which Law of his is yet to be seen in that Book of his Laws called Codex Theodosianus But this Law continued not long for his own sons Arcadius and Honorius quickly revers'd it and in leiu of it made this Law which is extant in the Book called Iustinian's Code and stands for good Law amongst the Civilians at this day Celebrandis inter consobrinos matrimoniis licentia legis hujus salubritate indulta est ut rovocata prisci juris authoritate restrictisque calumniarum fomentis matrimonium inter consobrinos habeatur legitimum sive ex duobus fratribus sive ex dual us sororibus sive ex fratre sorore nati sunt ex eo matrimonio editi legitimi suis patribus successores habeantur Thus stood the case concerning those Marriages until the Bishops of Rome began to grow great and took upon them to make Laws For then whether to make way for Dispensations whereby to get money or for what other By-respects I know not not only First and Second cousins but all Cousins until the seventh Generation were expresly prohibited to marry mutually till at length the Bishop of Rome freed the three latter Degrees and prohibited marriage onely to Cousins in four Descents and so till this day among those that acknowledge the superiority of that See all marrying within four Degrees except it be by Dispensation is utterly forbidden And if it be lawful for me to speak what I think I verily suppose that not from any reason but onely by reason of the long prevailing of the Common Law Marriages betwixt near Cousins were generally forborn And from hence arose a scruple in the minds of many men concerning the lawfulness of such Marriages But all cause of such scruple amongst us is long since taken away For at what time we cast off the yoke of the Bishop of Rome in the 33 year of King Hen. 8. a Statute was Enacted in Parliament which was again confirmed in the first of Queen Elizabeth that no degrees of kindred should be forbidden Marriage but onely such as were set down in the Levitical Law and amongst the degrees specified in that Act as lawful if my memory fail me not Cousin-germans are expresly mentioned To sum up all then what hitherto hath been said What reason have we to doubt of the lawfulness of that which the Law of God permits the people of God practised the best and learnedest Divines have acknowledged the wisest amongst the Gentiles in their Laws and Practises have approved and our own Municipal Laws under which we live expresly allow This had been enough to satisfie any gain-sayer whatsoever And indeed I had ended here but that when your letters came to my hands there was delivered with them a Schedule containing reasons perswading all such kind of Marriages to be utterly unlawful Concerning the authority of which Discourse to profess what I think I take him for a very pious and zealous man and I earnestly desire of him if ever he chance to be acquainted with what I write to conceive of me as one who delights not in opposition except it be for the Truth at least in opinion My advise to him is to adde Knowledge to his Zeal and to call again to account his reasons and more diligently to examine them The strength of his discourse is not so much his Reason as his Passion a thing very prevalent with the common sort who as they are seldom capable of strength of reason so are they easily carried away with passionate discourse This thing ought to be a warning to us of the Clergy to take heed how we deal with the people by way of passion except it be there where our proofs are sound Passion is a good Dog but an ill Shepherd Tortum digna sequi potius quam ducere funem it may perchance follow well but it can never lead well I was much amazed to read his resolution of preaching in this case so earnestly as to break her's or his heart who desire to marry or his own or all He that suffered himself thus far to be transported with affection ought to have furnish'd himself with stronger reasons then any I here can find But I will let his passion go for to contend with it were infinite for Passion hath Tongue and clamour enough but no Ears The Reasons so many as I think
thing more unto the Canon of faith it were necessary it should be confirmed by Miracles Concerning the Lawfulness of Marriages betwixt First Cousins or Cousin-Germans Septemb. 8. 1630. Worthy Sir IT is too great an Honour which you have done me to require my judgment if at least I have any judgment in a matter in which your self both by reason of your skill and degree cannot chuse but over-weigh me yet such as it is since you are pleased to require it lo I present it to you and wish it may be for your service IN Marriages two things are most especially to be considered Conveniency and Affection Conveniency thereby to advance or otherwise settle our Estates to our content Affection because of the singular content we take in the enjoying of what we love Now because these Two are great parties and sway much in the manage of our Temporal Actions by common consent and practise of all men they freely take their course fave onely there where the Publick Laws of God or Men have given them some check and inhibition for the propagation of Mutual Love and Acquaintance among men And for avoiding of Confusion in Bloud God and Men have joyntly enacted that it shall not not be lawful for us to make our commodity or place our affection by way of Marriage within certain Degrees of Propinquity and Kindred but this was with some restraint For as St. Augustine tells us Fuit autem antiquis Patribus religiosa cura num ipsa propinquitas se paulatim propaginum ordinibus dirimens longius abiret propinquitas esse desisteret eam nondum longe positam rursus Matrimonii vinculo Colligare quodammodo revocare fugientem Now the question is How far in the Degrees of Propinquity this restraint doth reach and where we may begin to couple and lock again For the opening of which Quaery let us a little consider in general of all kinds of Propinquity so shall we the better find where we may safely begin All Degrees of Propinquity amongst which Moses may be supposed to seek a Wife are either of Mothers and Daughters or Aunts and Nieces or Sisters and Cousins Now as in the Ascending Line of Mothers I may not marry my Mother so can I not marry my Grandmother nor Great-grandmother and so infinitely upward Insomuch as if Eve were now alive and a Widow no man living could marry her because all men are her sons In the Descending Line of Daughters as I may not marry my daughter so neither my Grandchild nor Great-grandchild and so infinitely downwards Again in the Ascending Line of Aunts I may not marry my next Aunt so nor my Great-Aunt nor her Aunt nor hers and so upwards in infinitum In the Descending Line of Neices as I cannot marry my first Neice so nor my second nor third nor fourth unto the thousandth Generation because I am properly Vncle to them All how far soever distant in Descent As for marriage with Sisters notwithstanding that the immediate sons of Adam because God created onely one Woman were constrained to marry their Sisters yet ever since by General consent of all Nations it hath been counted Incestuous So then all Marriage with Mothers Daughters Neices being expresly prohibited if Moses will marry within his Kindred he must seek his Wife amongst his Cousins Now here is the Question Where he may first adventure to make his choice If we look to ancient Laws of God and Men we shall find that in any Degree whatsoever marriage was permitted beginning even from the First-Cousins or Cousin-germans For if we look into Moses we shall find no restraint imposed upon Cousin-Germans and how ever some have pleaded that there is a Degree farthen off prohibited and therefore by consequence this must be taken for prohibited this as hereafter I shall make plain in the sequel of my Discourse is but a meer mistake And not onely my self whose insight into matters may peradventure not be great but those whose sight is far quicker then mine could see in the Law of God no prejudice to the marriage of Cousin-Germans For not onely Zanchy Calvin Beza Bucer Melancthon in a word all the Divines of the Reformed Churches of whose judgment and learning we have any opinion do grant that First-Cousins may couple any thing in God's Law notwithstanding I must confess my ignorance I know not any of our Reformed Divines that have written that have thought otherwise Indeed Calvin having first acknowledged that the Law of God doth not impeach it yet gives advice in regard of the scandal the Churches might suffer to abstain from Marriage in that Degree and so accordingly the Churches of Geneva of the Palatinate Misnia Thuringia and Saxony have severally by their several Constitutions prohibited it But this toucheth not the case for I perceive the question is of Second Cousins unto whom those Churches which forbid the First Degree expresly give leave for I find it recorded In tertio aequalis lineae gradu permitti possunt conjugia where that those words in tertio gradu deceive you not and make you to think that not Second but Third Cousins are permitted to marry you must understand that Second Cousins are in the Third degree of Kindred and Third Cousins in the Fourth and so forward by the Account of all Lawyers which that you may see and because in my ensuing Discourse I shall have occasion to refer unto it I will set down some part of the Stem so much as shall concern our purpose By this rude Draught you may see that if you count the Degrees of Kindred betwixt Second Cousins you shall find them six Degrees distant by the Civil Law and in the third Degree of the Canon Law For in the Civil Law the Rule is Quot sunt personae tot sunt Gradus stipite dempto Stipitem we call him that stands at the Top and in whom the Cognation first unites who here is my Grandfather But in respect of the Second Cousins here is Great-grandfather If then you begin with Second Cousins and count about till you come to Second Cousins again leaving out the Grandfather you shall find them to be six persons and so distant six Degrees in Kindred Now two Degrees in the Civil Law make but one Degree in the Canon Law where the Rule is that in Linea aequali quoto gradu distant à stipite toto distant inter se By which you see that Second Cousins being in the Third Degree from the Grandfather they are three Degrees distant from each other I have stood a little upon this for this cause that if any one should perchance put you off with the Authority of the Churches which I have mention'd you might not be deceived through the equivocation which seems to lurk in those words in Tertio Gradu But to return to our question of Cousin Germans as there is nothing in the Law of God which forbids marriage betwixt them so