third affinitie together So it is said to be Primum genus i. The first kind of affinitie Quia primo emanat de consanguinitate vel quiae vna persona mediante contr ahitur Secundum i. The second kind of affinitie Quia secundo loco emanat post primum vel quia duabus personis mediantibus contrahitur Tertium i. the third kind of affinitie Quia in tertio loco vel quia tribus personis mediantihus emanat The effect we haue explaned hereof in these three seueral kindes already briefly they be so called the first of one the second of two the third of three but we prosecute onely the first for the other we haue related them to manifest the better this first as also to giue a light as I haue sayd of the former Canons and otherwise they haue no being here Touching therefore this first kind of affinitie it is to be noted and so it may be gathered by that we haue sayd before viz. It is contracted inter sp onsum consanguineas sponsae and againe inter sponsam consanguineos sponsi as much to say It is contracted this first kind of affinitie reciprocally i. between the husband and consanguines of the wife and è conuerso betweene the wife and consanguines of the husband howbeit betweene the consanguines themselues by this marriage there is no affinitie contracted more than was betweene Hobson and Iobson by looking through a hedge when they spyed one another somewhat nearer but Hoc aliquid nihil est i. so far from this attinencie that it hath no consequence at all Hence it is that the father and sonne may contract and consumate marriage with the mother daughter as widdows widdowers do may do their sons and daughters such as be so prouided for their children when they couenant for themselues hence may also two brothers contract and consumate marriage with two sisters the like of the vncle and nephew Many attinencies may hereby be sprung between the same persons this may be seen in children of diuers families that be sons either of them to their mothers to their husbands sons and brothers and vncle and nephew to themselues And thus it falleth out I marrie a wife that hath a sonne that marrieth with my mother tearme me for examples sake Ambrose my wife Mary who had to sonne Theodor who married as I did his with Martha my mother I haue issue Peter he hath issue Iohn these attinencies happen here between Peter and Iohn for first sonnes they be reciprocallie that is to say to their mothers Iohn to Martha mother to Ambrose and Peter to Mary mother to Theodor and so they be sonnes to their husbands Iohn to Theodor Peter to Ambrose brothers to the same i. either to others father Iohn to Ambrose father to Peter Peter to Theodor father to Iohn for so it is in this example Iohn and Ambrose had one mother Martha and Peter and Theod. the same mother Mary hence they be brothers Peter is therefore Iohns brothers sonne and Iohn Peters brothers sonne consequently Iohn shalbe vncle to Peter and Peter vncle to Iohn how they be nephewes it followeth by this Conclude them therefore briefly eache others mothers sonne eache others fathers brother eache others vncle eache others nephew The figure may be formed as followeth in the page next ensuing Peter Marye had T. O. sonne Theodor. who married w t Martha Iohn Martha had T o sonne Ambros. who married w t. Marye The computatiō it hath of degrees I meane this affinitie it borroweth of Consanguinitie before Non habet suam specialem computationem graduum It hath no computation of it selfe in degrees this we haue sufficiently mentioned in this chapter alreadie only we may describe the figure the better to conceiue it formed First there be placed in the same in the middest foure compasses with seuerall superscriptions viz. In the first the first degree in the second the second degree in the third the third in the fourth the fourth On the right side to these be placed likewise foure compasses written in the first brother in the second brothers sonne in the third brothers nephew in the fourth brothers nephews sonne againe on the same side of these be placed foure other compasses written in the first brothers wife in the second brothers sonnes wife in the third brothers nephewes wife in the fourth brothers nephewes sonnes wife On the left side of the first foure middle cōpasses be placed likewise foure other compasses with seuerall superscriptions viz. In the first sister in the second sisters daughter in the third sisters neece in the fourth sisters neeces daughter Likewise on the same side of these be foure other compasses and written in the first Sisters husband in the second sisters daughters husband in the third sisters neeces husband in the fourth sisters neeces daughters husband There be added to these two other compasses on the rightside one on the left side another the rightside compasse conteineth Brothers wiues husband the left Sisters husbands wife In these the doctors agree they be added for ornament and demonstration besides of the not prohibited kindes in affinitie to marrie at this day they are not otherwise of the substance of the figure There be yet obserued two bending lines one beginneth at the compasse of brother and endeth at the compasse of sisters husband wherein is written The first kind of affinitie prohibited at this day to marry The other beginneth at the compasse of sister and endeth at the compasse of brothers wife wherein is written the same This forme was first inuented as also the figures of consanguinitie before by the famous learned doctor Iohan. Andre and autenticall in the canons for after diuers contentions in his time had touching the naturall forme of the figure and the description thereupon of Iohan. de Deo Hispan who seemed by his metrical rules to open thereunto the right vnderstanding indeed howbeit the multitude of the same and obscuritie hee begat in his rules and verses brought forth another effect Attendens ipse Iohan. Andr. For so he writeth of himselfe Antiquorum scripta c. Recounting with the canons the auncient and autenticall writers hee composed it handling therewithall these three points besides amongst the rest viz. The necessitie of it the authoritie the often repetition For the first Probatio ad oculum as much to say as an eie witnesse the necessitie of it appeareth both in the lawes and canons this wee haue touched in the second chapter before For the second the canons we haue cited here alreadie of Isidor and Alexander viz. 35 Q. Cap. 1. 2. vlt. may suffice And for the third that I may vse my learned authors words nomini venit in dubium id satis esse validum satisque famosum quod repitita lectio probat Let this suffice for affinitie the figure whereof ensueth THE CANONICAL FIGVRE OF CONsang Great grandfathers father The same mother iiij
D 4 e Great vncles vncle The same aunt iiij 5 f his hir sonne daughter iiij 6 g his hir nephew neece iiij 7 h his hir nephews neeces sonne daughter iiij 8 Great grandfather Mother iiij C 3 d Great vncle The same aunt iiij 4 e his hir sonne daughter iij. 5 f his hir nephew neece iij. 6 g his hir nephews neeces sonne daughter iiij 7 Grandfath grandmo ij B 2 c Vncle. Aunt ij 3 d his hir sonne daughter ij 4 e his hir nephew neece iij. 5 f his hir nephews neeces sonne daughter iiij 6 Father mother j A 1 b Brother Sister j. 2 c his hir sonne daughter ij 3 d his hir nephew neece iij. 4 e his hir nephews neeces sonne daughter iiij 5 THE FIGVRE OF AFFITIE  The fist kinde of affinitie prohibited at this day to marry The first kinde of affinitie prohibited at this day to marry Thesbe be added for ornament only and demonstration of the kinde of affinitie but they be not prohebited to marrie first deg brother sisters husband sister brothers wife brothers wiues husbande sisters husbands wife second deg brothers sonne sisters daughters husb sisters daughter brother sonnes wife   third deg Brothers nephew Sisters neeces husband Sisters neece Brothers nephewes wife   four deg brothers nephews sonne Sist nee daughter hus-bād Sisters neeces daughter bro. nep sonnes wife   This figure sheweth onely the first kinde of affinitie in the first collaterall descendents by carnall addition that is to say to thy brother a wife tothy sister a husband and so to the fourth degree The same affinitie thou hast that is to say in the first kinde by the same addition to euery other person in this figure of consanguinitie The degrees shall be more or lesse according to the distance of the persons they be added vnto but alwaies in the first kinde the which the prohibition of the Canons at this day exceedeth not CHAP. VIII Of the Prohibition Leuiticall HAc itaquè consuctudine quae ab ipso exordio humanae propagationis originem habuit quam nulla lex contra iubendo euacuauerat excusantur Abraam Isaac Iacob ceteri qui de propria cognatione ducebant vxores The questiō of their ages prouoked in their times the makers of the positiue canon lawes to answere such obiections had against the Patriarches and others that had married in their kindreds and tribes of the families of their fathers They concluded therefore they were excused Abraham Isaac and Iacob by that custome that had growen from the beginning of humane propagation and that which no law then had abolished The premisses or reasons that they vsed before were these viz. They were not prohibited that Idolatry might be auoided that the Church might be instituted in the peculiar people of God Deus enim sic ab initio salutem humani generis dispensauit vt primitiuam ecclesiam in illo populo institueret qui sibi carnis consanguinitate erat propinquus Hence the Apostles were chosen first of the Iewish nation whom God appointed then the foundation as it were of the Church Deinde in cecitate suae perfidiae Iudaica plebe relicta It was translated afterwardes the preaching of the gospel vnto strangers Tam fide quam cognatione carnis à Christo Despising as it were the companie and conuersation of his cōsanguine chose him a wife of another familie fulfilling these prophecies In peccatis vestris dimisi matrem vestram quasi adulteram repudiatam c. Vocabo plebem meam non plebem meam The canons haue enferred hence that they were permitted first these marriages but now prohibited What the Lord commaunded concerning the daughters of Zelophehad Mahlah Tirzah Hoglah Milah and Noah they did that is to say they married to their fathers brothers sonnes But this was after the commandements and laws which the Lord had commanded by the hand of Moses vnto the children of Israel in the plaine of Moab by Iorden towardes Iericho these be handled more at large in the table at the end of this treatise Sect. 8. we leaue them therfore here and to our purpose the Leuiticall prohibition viz. 6 None shall come neere to anie of the kindred of his flesh to vncouer hir shame I am the Lord. Leuit. 18. 20. 7 Thou shalt not vncouer the shame of thy father nor the shame of thy mother for she is thy mother thou shalt not discouer hir shame 8 The shame of thy fathers wife thou shalt not discouer for it is thy fathers shame 9 Thou shalt not discouer the shame of thy sister the daughter of thy father or the daughter of thy mother whether she be borne at home or born without thou shalt not discouer their shame 10 The shame of thy sonnes daughter or of thy daughters daughter thou shalt not I say vncouer their shame 11 The shame of thy fathers wiues daughter begotten of thy father for she is thy sister thou shalt not I say discouer her shame 12 Thou shalt not vncouer the shame of thy fathers sister for she is thy fathers kinswoman 13 Thou shalt not discouer the shame of thy mothers sister for she is thy mothers kinswoman 14 Thou shalt not vncouer the shame of thy fathers brother that is Thou shalt not goe into his wife for she is thine aunt 15 Thou shalt not discouer the shame of thy daughter in law for she is thy sonnes wife therefore shalt thou not vncouer hir shame 16 Thou shalt not discouer the shame of thy brothers wife for it is thy brothers shame 17 Thou shalt not discouer the shame of the wife of hir daughter neither shalt thou take hir sonnes daughter nor hir daughters daughter to vncouer hir shame for they are thy kinsfolkes and it were wickednesse 18 Also thou shalt not take a wife with her sister during hir life to vexe hir in vncouering hir shame vpon her These in the glosse be briefly collected thus viz. Nata Soror Neptis Matertera Fratris ' vxor Et patrui Coniux Mater Priuigna Nouerca Vxoris quae soror Priuigni Nata Nurusquè Atque soror patris Coniungi lege vetantur As much in effect amongst the residue in the admonition or table of prohibited marriages set forth by the most reuerend father in God Mathew Archbishop of Canturburie primate of England and Metropolitan An. 1563. as followeth that is to say A man may not marrie his Mother The right ascending line and first degree Stepmother Wiues mother Sonnes daughter The right descēding line and second degree Daughters daughter Wiues sonnes daughter Wiues daughters daughter Daughter The right descending line and first degree Wiues daughter Sonnes wife Sister The equall collateral line and first degree Wiues sister Brothers wife Fathers sister The vnequall collaterall line and second degree Mothers sister Fathers brothers wife 30 Therfore shall ye keepe mine ordinances that ye doe not any of the
abhominable customes which haue been done before you CHAP. IX Of the Prohibition Canonicall THe Egyptians were condemned the Canaanites in these wicked and incestuous marriages before the Israelites forewarned therin by Moses to whom the former prohibition was giuen for so they were commaunded the children of Israel that after the doings of the land of Aegypt wherin they dwelt they should not doe and after the maner of the land of Canaan whether then the Lord would bring them they should not doe nor walke in their ordinances for in all these the nations were defiled which then the lord had promised to cast out before them This condemnation therfore of the Aegyptians and the Israelites warning may be spectacles vnto vs. The positiue constitutions of the church of England it falleth out to handle the positiue Canon law but because Ecclesia anglicana i. the English church is nearest vnto vs we will handle it first and the rather that this order hath seemed the nearest to manifest in this chapter our purpose the Canons shal ensue afterwards The positiue constitutions therfore of the church of England haue added certaine persons vnto these that is to say onely in names and tearmes but not in degree for though they be not found to be mentioned in the Leuitical in their names and tearms their nearnesse notwithstanding in the same degrees is as manifest as the rest whose shames thou discouerest equally with theirs thine owne abhominatiō together Be not therfore deceiued it is not the name of Consanguinity or affinity wherin the substance cōsisteth of this prohibition but the degree I might cite many laws but let the statutes suffice they follow in their orders viz. in the chapter next ensuing there thou shalt find them mentioned not the Leuitical names but degrees Such be in the ascending line thy grand-mother grand fathers wife wiues grand-mother not mentioned there in their names and tearmes equallie notwithstanding distant in degree from thee with thy sonnes daughter daughters daughter wiues sons daughter wiues daughters daughter whom the prohibition comprehendeth in their seueral names and tearmes adde vnto these thy sons sons wife daughters sonnes wife whom the church hath decreed the same prohibition extends to For note their difference is in their lines viz. They be distinguished by ascending and descending lines that is to say Of thy grand-mother and thy sonnes daughter and daughters daughter which be only of the persons we haue mentioned last consanguines vnto thee and in the second degree The same reason in affinitie is of the rest that is to say Thy grand-fathers wife thy wiues grand-mother be equallie from thee distant with thy wiues sonnes daughter wiues daughters daughter these in affinitie the other in consanguinity as for thy sons sons wife daughters sons wife they be equals vnto thee with thy wiues sons daughter wiues daughters daughter i. They differ not in line nor degree only as before is said they be distinguished from the persons we haue mentioned before by consanguinitie affinitie otherwise the prohibition equally holdeth in them all Such persons be also in the vnequall collaterall lines viz. Thy brothers daughter thy sisters daughter brothers sonnes wife sisters sonnes wife wiues brothers daughter wiues sister daughter that is to say equally distant from thee in consanguinitie thy brothers and sisters daughters with thy fathers and mothers sisters adde vnto these in affinitie thy fathers brothers wife thy mothers brothers wife wiues fathers sister wiues mothers sister These in the ascendents In the descendents to the other that is to say to thy brothers and sisters daughters consanguines vnto thee and descendents adde in affinitie thy brothers and sisters sonnes wiues and thy wiues brothers and hir sisters daughters These be all in consanguinitie and affinitie vnto thee in the vnequall collaterall lines ascending and descending aswel mentioned as not mentioned expresly in the Leuitical law in their names and termes in the same second degree This may appeare more plainly in the table of prohibited marriages comprehended within that table annexed at the end of this booke Touching now the canons i. The positiue canon lawe I referre thee to the figures of consanguinitie and affinitie before as also to this table mentioned It shal be therefore needlesse further to speake of the prohibition of the canons than briefly that description and computation canonicall wee haue mentioned alreadie may declare it for that vnderstood vnderstand withall the prohibition of the canons that is to say to the fourth degree for ✚ in that example may not marrie with any letter in the figure This exceedeth the positiue constitutions of the Church of England in euerie line two degrees viz. First in consanguintie in the right ascending line two degrees i. C and D in the descending line likewise two degrees i. c. d. in the collaterals from A two degrees i. d 1. e 1. In the collaterals from B. three degrees d 2. e 2. f 2. In the collaterals from C and D euerie person that is mentioned these in consanguinitie The prohibition in affinitie is extēded thus that is to say beyond the positiue constitutions of the English Church frō the first stocke in the same figure vnderstanding the persons to be added carnally for that is the vse of the figure as may be gathered by that we haue said in the 7. chapter before to thy brothers nephews wife brothers nephews sonnes wife sisters nephews wife sisters nephews sonnes wife brothers neeces sonnes wife sisters neeces sonnes wife From the second stocke to thy fathers brothers sons wife fathers brothers nephewes wife fathers brothers nephews sonnes wife mothers brothers sonnes wife mothers brothers nephewes wife mothers brothers nephews sonnes wife From the third and fourth stocks to the carnall additions in either sex that be mentioned in their lines These we haue placed seuerally in their sections for the plainer demonstration thereof in that table at the end of this booke The reasons that the canons haue yeelded of this extension is this viz. Habita est enim illis ratio certissima charitatis vt homines quibus esset vtilis atque honestissima concordia diuersarum necessitudinum vinculis necterentur nec vnus in vno multas haberet necessitudines sed singulae spargerentur in singulos si ad socialem vitam diligentius plurimos obtinerent Pater quippe socer duarum sunt necessitudinum nomina dum ergo habet quis alium patrem alium socerum numerosius se charitas porrigit vtrumquè autem vnus sc Adam esse cogebatur filijs filiabus suis quando fratres sorores què iungebantur coniugio sicut Eua vxor eius vtrique sexui filiorū fuit socrus mater Quae si duae feminae fuissent altera mater altera socrus copiosius se dilectio socialis colligaret Sed hoc vnde fieret tunc non erat quando nisi fratres sorores ex illis duobus primis nulli homines
matrimonium veluti si quis prius cum consanguinea rem habuerit eius quam postea ducit tam impedientur nuptiae quam dirimentur in prohibitum gradum c. Fin. de con aff Sequatur matrimonium affinitas veluti si quis postquamvxorem duxerit eius consanguineam nouit extali affinitate Sponsalia quidem praecedentia dirimentur c. 2. de eo cog cons vx Matrimonium autem vel de presenti sponsalia cap. discretionem eod vel praesumptum c. Fin. eod non dirimitur Inter maritum vxorem nulla orritur affinitas hij enim vna caro sunt causa affinitatis non affines CHAP. X. Of the succession of the statutes in marriage and their force at this day TOuching the succession their force of the Statutes it followeth as it was enacted in An. xxv of king Hen. 8. cap 22. viz. Since many incoÌ„uenieÌ„ces haue fallen aswell within this Realm as in others by reason of marrying within the degrees of mariage prohibit by Gods laws i. The son to marrie the mother or the stepmother The brother the sister the father his sons daughter or his daughters daughter or the son to marry the daughter of his father procreate and borne by his stepmother or the sonne to marrie his aunt being his father or mothers sister or to marrie his vncles wife or the father to marrie his sonnes wife or the brother to marrie his brothers wife or any man to marrie his wiues daughter or his wiues sonnes daughter or his wiues daughters daughter or his wiues sister which marriages albeit they be plainly prohibited and detested by the laws of almighty God yet neuerthelesse at some times they haue proceeded vnder coloures of dispensations by mans power which is but vsurped and of right ought not to be graunted admited ne allowed for no man of what estate degree or coÌ„dition soeuer he be hath power to dispence with Gods laws as all the cleargie of this realme and the most part of all the famous vniuersities of Christendome and we also do affirme and thinke Be it therefore enacted by auctoritie aforefaied that no person or persons subiects or resiants of this Realme or in any your dominions of what estate degree or dignitie soeuer they be shal from henceforth marrie withn the sayd degrees afore rehearsed what pretence soeuer shalbe made to the contrarie thereof And in case any person or persons of what estate dignitie degree or condition soeuer they be hath beene heretofore married within this Realme or in any the kings dominions within any the degrees aboue expressed and by any of the Archbishops Bishops or ministers of the church of England be separate from the bonds of such vnlawfull marriage that then euerie such separation shalbe good lawful firme and permanent for euer and not by any power auctoritie or means to be reuoked or vndone hereafter And that the children proceeding or procreate vnder such vnlawfull marriage shall not be lawfull ne legitimate any forreine laws licences dispensations or other thing or things to the contrarie therof notwithstanding And in case there be any person or persons within this Realm or in any the kings dominions already married within any the said degrees aboue specified and not yet separate from the bonds of such vnlawfull marriage that then euerie such person so vnlawfullie married shalbe separate by the definitiue sentence iudgements of the Archbishops Bishops and other ministers of the church of England and in other your dominions within the limits of their iurisdictions and authorities and by none other power or authoritie And that all sentences and iudgements giuen and to be giuen by any Archbishops Bishops or other minister of the church of England or in any other the kings dominioÌ„s within the limits of their iurisdictions and authorities shalbe diffinitiue firme good and effectuall to all intents and be obserued and obaied without suing any prouocations appeals prohibitions or other processe from the court of Rome to the derogation thereof or contrarie to the Acte made since the beginning of this present Parlement for the restraint of such prouocations appeals prohibitions and other processes And Anno xxviij of king Hen. 8. Chap 7. it was enacted to the same effect and in the same forme of wordes with this addition onely viz. And further to dilate and declare the meaning of these prohibitions it is to be vnderstood that if it chaunce any man to know carnallie any woman that then all and singular persons being in any degree of consanguinitie or affinitie as is aboue written to any of the parties so carnallie offending shalbe deemed and adiudged to bee within the cases and limmits of the said prohibition of marriage There ensued after this Anno xxxij Hen. 8. cha 38. an act concerning precontracts of marriages and touching degrees of consanguinitie the occasion whereof as by the proheme of that Statute appeareth was this viz. It was supposed that no marriage so surelie could be knit bounden but that it should lie in either of the â—â— and administration thereof by the vetuous and most noble Queene Elizabeth natural legitimate daughter to king Hen. of famous memorie the eight the author is imperfect whose weakenesse if thy skil shall supply or thy patience beare for a season he craues no more in the meane time his labours he commendeth vnto thee and thy selfe to the author of all perfection FINIS A TABLE OF THE Leuiticall English and positiue Canon Catalogues THEIR CONCORDANCE and difference IL VOSTRO MALIGNARE NON GIOVA NULLA Anno. Dom. 1594. ¶ Of the Table and Catalogues heerin contained of degrees COnferring these Catalogues in the table that ensueth together that is to say the English and Canonicall with the Leuitical some persons there shall appeare within the Leuiticall names and degrees some without the Leuiticall names but in the degrees others there shall appeare without the Leuiticall names and degrees the due consideration whereof is this viz. First of the ascendents and descendentes such no doubt though they exceed the Leuiticall names and degrees yet they be prohibited infinitelie to marrie in so much that Adam if he had liued to this day could not haue married againe The second consideration viz. of the Collaterals such with the Leuitical in name and degree no man doubteth of their prohibition otherwise that is to say If they differ but in name Communi coÌ„sensu iudicio putantur in Leuitico prohiberi thou art for example expresly in the Leuiticall forbidden to marrie thy brothers wife thy wiues sister is not mentioned there in name otherwise than thus viz. Thou shalt not take a wife with hir sister during hir life to vexe hir in vncouering hir shame vpon hir but thy brothers wife neuerthelesse comprehendeth hir degree and whom equally thereforethou art prohibited to marry that is to say as with thy brothers wife so with thy wiues sister this vnderstand of the residue in this table viz. Mothers brothers wife wiues fathers
sister c. For the third that is to say such collaterals as exceed both the name and degree Leuitical doe also exceed this prohibition i. they may marrie without question or scruple consideration had of such collaterals as doe sauour so of the ascendent and descendent lines that they be parents or in loco parentum the one to the other such be in names collaterals because we haue no other tearms to cal them by Plures enim sunt res quà m vocabula such is the scarsity of our speech that more things there be than wee haue names to call them by such be thy brothers line so neere thine own as may be we must not call them descendents for confounding of lines nor yet allow them that laterall libertie to make them outward degrees Laterall they be tearmed or Collaterall à latere as much in effect as sideward of the side wheron they be placed as by the figure it may appeare and other descriptions in the treatise but so neer they be the side that they warme it and be warmed by it side by side and bloud by bloud and yet we must call them Collaterals and yet I exhort thee beware of them they be not forbidden expreslie and by name by the law the Leuiticall law I meane no more thou shalt finde it forbidden expresly to marrie with diuers other persons of thy kinred besides thou wilt not therfore say it is lawful god forbid thou shouldst This I haue red in the works of learned men it is for bidden by the right of nature it is forbidden by the law that is written in euerie mans heart and conscience it is forbidden by loue and charitie the which we haue handled in this treatise before it is forbidden by title and right of nigh kinred to conclude many great things shalt thou finde if thou lookest about thee not forbidden expresly by the law that Moses made and yet the same be forbidden by a certaine plaine expresse commaundement of nature and consequently by the law of God for what commaunded Moses from the Lord as lawfull to be done that was not expedient Shall we seeke a prohibition then by name for euerie person and do the thing if we finde it not that is neither expedient nor honest God forbid I finde it written of S. Ambrose that he affirmed plainlie The lawe of God forbiddeth that brothers children should marry and yet I cannot finde it there expresly the occasion grew by one Patern that had a sonne by one woman and a daughter by another which daughter had a daughter whom Patern would haue married to his sonne the maidens halfe vncle wherein consulting with Ambrose in this case receiued this aunswere I neither thinke nor iudge saith S. Ambrose that your bishop an holy man doth so much as looke after my sentence and iudgement in this matter for if he had he would haue written to me of it and in somuch that he writeth not he sheweth plainly that he iudgeth this no matter to be doubted on for what doubt may there be in this case whether thy sonne and thy daughters daughter or thy neece by thine owne daughter may marry together seeing the law of God forbiddeth that thy son should marrie with thy brothers daughter And what faith the same author is moresolemne accustomed or more reuerentlie obserued than the charitable kisse betweene vncle and neece which he oweth to hir of duety as to his daughter she to him as to hir father shalt thou then go make this innocent kisse of loue and charity in which is none offence nor suspitiō of euil to be suspected whilst thou intēdest such a mariage as if he shuld say Wilt thou betray as Iudas did his maister the holy law of nature take away from thy dear pledges or children so deuout religious a sacrament he tearmeth it but a token of pure and naturall loue as also he doth wee may terme it stil And touching the furthest distant of the persons we haue mentioned last viz. Brothers children because in a maner they be brothers and sisters cōming all of one parent grandfather grandmother or both but the second stocke of the tree or figure of Consanguinitie in this treatise before if it were for nothing else yet for the reuerence that they owe to the same parēts Theodos the Emperour would haue them abstain from marriage the one with the other But to leaue the Emperours law there is a law of this land the Lord preserue it and the life of the same this we haue touched in the diuision of this table hereafter but there is a law and this we haue touched too the Lord write it in our minds and in our hearts that he may be our God and we may be his people Amen A Table of the Leuiticall English and positiue canon catalogues their concordance and difference 1. Section 2. Deg. The right ascending line and second degree Can. Eng. Grandmother 1 Con. Grandfathers wife 2 Aff. Wiues Grandmother 3 Aff. 2. Section 2. Deg. The vnequall collaterall line ascending and second degree Can. Eng. Leu. Fathers sister 4 Con. Mothers sister 5 Con. Fathers brothers wife 6 Aff. Can. Eng. Mothers brothers wife 7 Aff. Wiues fathers sister 8 Aff. Wiues mothers sister 9 Aff. 3. Section 1. Deg. The right ascending line and first degree Can. Eng. Leu. Mother 10 Con. Stepmother 11 Aff. Wiues mother 12 Aff. 4. Section 1. Deg. The right descending line and first degree Can. Eng. Leu. Daughter 13 Con. Wiues daughter 14 Aff. Sonnes wife 15 Aff. 5. Section 1. Deg. The equall collaterall line and first degree Can. Eng. Leu. Sister 16 Con. Brothers wife 17 Aff. Wiues sister 18 Aff. 6. Section 2. Deg. The right descending line and second degree Can. Eng. Leu. Sonnes daughter 19 Con. Daughters daughter 20 Con. Can. Eng. Sonnes sonnes wife 21 Aff. Daughters sonnes wife 22 Aff. Can. Eng. Leu. Wiues sonnes daughter 23 Aff. Wiues daughters daughter 24 Aff. 7. Section 2. Deg. The vnequall collaterall line descending and second degree Ca. En. Brothers daughter 25 Con. Sisters daughter 26 Con. Brother sonnes wife 27 Aff. Sisters sonnes wife 28 Aff. Wiues brothers daughter 29 Aff. Wiues sisters daughter 30 Aff. 8. Section 2. Deg. The equall collaterall line and second degree Canon Fathers brothers daughter 31 Con. Mothers brothers daughter 32 Con. Fathers sisters daughter 33 Con. Mothers sisters daughter 34 Con. Fathers brothers sonnes wife 35 Aff. Mothers brothers sonnes wife 36 Aff. Fathers sisters sonnes wife 37 Aff. Mothers sisters sonnes wife 38 Aff. Wiues fathers brothers daughter 39 Aff. Wiues mothers brothers daught 40 Aff. Wiues fathers sisters daughter 41 Aff. Wiues mothers sisters daughter 42 Aff. Hitherto extendeth the heart of the tree or figure of consanguinitie described in the sixt chapter before and formed at the end of the 7. chapter following where the reader may behold as in a glasse howe neere they be couched togither namely the kinred of the same flesh Heere
therefore we will pause a little and make as it were a diuisiō in this table betweene them and the rest that ensue namely the branches that be further off Consider therefore of the concordance and difference of these catalogues hitherto first and then peruse the other These catalogues doe concurre togither in 16 persons wherein they differ not in name number nor degreee there the Leuiticall ceasseth in name and number and the English and canonicall go on accompanied still with the Leuiticall degree to the number of 14 persons more there ceasseth the English and the positiue canon goes on alone neuerthelesse accompanied with the 2 degree to the number of 12 persons more and there that degree resteth and leaueth the canon catalogue alone yet the catalogue resteth not but hath betakē it to outward degrees namely the 3 and 4 wherewith it goeth on to the number of persons mentioned in this table hereafter These the statute doth entend in An. 32. H. 8. cap. 38. to be meere humane and inuented for their lucre that deuised them namely the BB. of the sea of Rome commonly called the Popes who were enabled as the statute intēdeth to dispence with such by their power because they were outward and so the statute termeth them outward degrees and specifieth moreouer cosens germans and so to fourth and fourth degree Now Quere of the minde of the statute touching cosens germans viz. What germans they should be for the Pope could neuer dispence with germans in the 1 and 2 degrees if therfore the construction be of the statute of such dispensations that were reserued for so the statute mentioneth them viz. The dispensation whereof they alwaies reserued to themselues c. we looke amisse at what he did for what did hee not almost in the end dispence withall but our marke must be at what he might doe lawfully i. by his lawes for other reseruation had he none but thereby preheminence ouer them but neuer ouer the lawes of God nor of nature And that which is more so farre they were from dispensing in the 1 and 2 degrees that in the 3 and 4 degrees they haue refused the same generally and to that vpon Question proposed to Gregorie by Faelix Messan of Scicilia was appealed to the whole dominon of Rome It is euident by this what the prohibition and reseruation haue been of the Popes law Touching the daughter of Zolophehad of whom mention hath been made in the 8 chap. of this treatise to this effect that they married to their fathers brothers sonnes this was because the inheritance of the children of Israel of whom the daughters of Zelophehad were should not remoue from tribe to tribe for so they were commanded that euerie one of the children of Israel should ioyne himselfe to the inheritance of the tribe of his fathers And that euerie daughter that possessed anie inheritance of the tribes of the children of Israel should be wife vnto one of the familie of the tribe of hir father that the children of Israel might enioy euery man the inheritance of their fathers and therefore the Lord commanded concerning the daughters of Zelophehad saying They shall be wiues to whom they thinke best onely to the familie of the tribe of their father shal they marry and so they did But this was a law of iudgement as other Iudicials were that belonged then to particular iustice and haue had their beginnings and endings To the rest of the canon catalogue 9. Section 3. Deg. The right ascending line and third degree Canon Con. 43 Great grandmother Aff. 44 Great grandfathers wife Aff. 45 VViues great grandmother 10. Section 3. Deg. The right descending line and third degree Canon Con. 46 Sonnes neece Con. 47 Daughters neece Aff. 48 Sonnes nephewes wife Aff. 49 Daughters nephewes wife Aff. 50 VViues nephewes daughter Aff. 51 VViues neeces daughter 11. Section 3. Deg. The vnequall collaterall line ascending and third degree Canon Con. 52 Grandfathers sister Con. 53 Grandmothers sister Aff. 54 Grandfathers brothers wife Aff. 55 Grandmothers brothers wife Aff. 56 VViues grandfathers sister Aff. 57 VViues grandmothers sister 12. Section 3. Deg. The same line and third degree Canon Con. 58 Grandfathers brothers daughter Con. 59 Grandmothers brothers daughter Con. 60 Grandfathers sisters daughter Con. 61 Grandmothers sisters daughter Aff. 62 Grandfathers brothers sonnes wife Aff. 63 Grandmothers brothers sonnes wife Aff. 64 Grandfathers sisters sonnes wife Aff. 65 Grandmothers sisters sonnes wife Aff. 66 Wiues grandfathers brothers daughter Aff. 67 Wiues grandmothers brothers daugh Aff. 68 Wiues grandfathers sisters daughter Aff. 69 Wiues grandmothers sisters daughter 13. Section 3. Deg. The equall collaterall line and third degree Canon Con. 70 Grandfathers brothers neece Con. 71 Grandmothers brothers neece Con. 72 Grandfathers sisters neece Con. 73 Grandmothers sisters neece Aff. 74 Grandfathers brothers nephews wife Aff. 75 Grandmothers brothers nephews wife Affi 76 Grandfathers sisters nephewes wife Affi 77 Grandmothers sisters nephewes wife Affi 78 Wiues grandfathers brothers neece Affi 79 Wiues grandmothers brothers neece Affi 80 Wiues grandfathers sisters neece Affi 81 VViues grandmothers sisters neece 14. Section 3. Deg. The vnequall collaterall line descending and third degree Canon Con. 82 Fathers brothers neece Con. 83 Fathers sisters neece Con. 84 Mothers brothers neece Con. 85 Mothers sisters neece Affi 86 Fathers brothers nephews wife Affi 87 Fathers sisters nephewes wife Affi 88 Mothers brothers nephews wife Affi 89 Mothers sisters nephews wife Affi 90 VViues fathers brothers neece Affi 91 VViues fathers sisters neece Affi 92 VViues mothers brothers neece Affi 93 VViues mothers sisters neece 15. Section 3. Deg. The same line and third degree Canon Con. 94 Brothers neece Con. 95 Sisters neece Affi 96 Brothers nephewes wife Affi 97 Sisters nephews wife Affi 98 VViues brothers neece Affi 99 VViues sisters neece 16. Section 4. Deg. The right ascending line and fourth degree Canon Con. 100 Great grandfathers mother Aff. 101 Great grandfathers fathers wife Aff. 102 Wiues great grandfathers mother 17. Section 4. Deg. The right descending line and fourth degree Canon Con. 103 Sonnes nephews daughter Con. 104 Sonnes neeces daughter Con. 105 Daughters nephews daughter Con. 106 Daughters neeces daughter Aff. 107 Sonnes nephews sonnes wife Aff. 108 Sonnes neeces sonnes wife Aff. 109 Daughters nephews sonnes wife Aff. 110 Daughters neeces sonnes wife Aff. 111 Wiues sonnes nephews daughter Aff. 112 Wiues sonnes neeces daughter Aff. 113 Wiues daughters nephews daughter Aff. 114 Wiues daughters neeces daughter 13. Section 4. Deg. The vnequall collateral line descending and fourth degree Canon Con. 115 Great grandfathers sister Con. 116 Great grandmothers sister Aff. 117 Great grandfathers brothers wife Aff. 118 Great grandmothers brothers wife Aff. 119 Wiues great grandfathers sister Aff. 120 Wiues great grandmothers sister 19. Section 4. Deg. The same line and fourth degree Canon Con. 121 Great grandfathers brothers daughter Con. 122 Great grandfathers sisters daughter Con. 123 Great grādmothers brothers daughter Con. 124 Great
grandmothers sisters daughter Aff. 125 Great grandfathers brothers sons wife Aff. 126 Great grandfathers sisters sonnes wife Aff. 127 Great grandmothers brothers sonnes wife Aff. 128 Great grandmothers sisters sons wife Aff. 129 Wiues great grandfathers brothers daughter Aff. 130 Wiues great grandfa sisters daughter Aff. 131 Wiues great grandmothers brothers daughter Aff. 132 Wiues great grandmothers sisters daughter 20. Section 4. Deg. The same line continued still and fourth degree Canon Con. 133 Great grandfathers brothers neece Con. 134 Great grandfathers sisters neece Con. 135 Great grandmothers brothers neece Con. 136 Great grandmothers sisters neece Aff. 137 Great grandfathers brothers nephews wife Aff. 138 Great grandfathers sisters nephews wife Aff. 139 Great grandmothers brothers nephews wife Aff. 140 Great grandmothers sisters nephews wife Aff. 141 VViues great grandfathers brothers neece Aff. 142 Wiues great grādfathers sisters neece Aff. 143 Wiues great grandmothers brothers neece Aff. 144 VViues great grandmothers sisters neece 21. Section 4. Deg. The Equall collaterall line and fourth degree Canon Con. 145 Great grādfathers brothers nephews daughter Con. 146 Great grandfathers brothers neeces daughter Con. 147 Great grandmothers brothers nephews daughter Con. 148 Great grandmothers brothers neeces daughter Aff. 149 Great grādfathers brothers nephews sonnes wife Aff. 150 Great grandfathers brothers neeces sonnes wife Aff. 151 Great grādmothers brothers nephews sonnes wife Aff. 152 Great grandmothers sisters nephews sonnes wife Aff. 153 VViues great grandfathers brothers nephews daughter Aff. 154 VViues great grandfathers brothers neeces daughter Aff. 155. VViues great grādmothers brothers nephews daughter Aff. 156 VViues great grādmothers brothers neeces daughter 22. Section 4. Deg. The vnequall collaterall line descending and sourth degree Canon Con. 157 Grandfathers brothers nephewes daughter Con. 158 Grandfathers sisters nephews daughter Con. 159 Grandmothers brothers nephewes daughter Con. 160 Grādmothers sisters nephews daughter Aff. 161 Grandfathers brothers nephews sonnes wife Aff. 162 Grandfathers sisters nephews sonnes wife Aff. 163 Grādmothers brothers nephews sons wife Aff. 164 Grandmothers sisters nephews sons wife Aff. 165 Wiues grādfathers brothers nephews daughter Aff. 166 Wiues grandfathers sisters nephews daughter Aff. 167 VViues grandmothers brothers nephews daughter Aff. 168 VViues grādmothers sisters nephews daughter 23. Section 4. Deg. The same line continued still and fourth degree Canon Con. 169 Fathers brothers nephews daughter Con. 170 Fathers sisters nephews daughter Con. 171 Mothers brothers nephews daughter Con. 172 Mothers sisters nephews daughter Aff. 173 Fathers brothers nephews sons wife Aff. 174 Fathers sisters nephews sonnes wife Aff. 175 Mothers brothers nephews sons wife Aff. 176 Mothers sisters nephews sonnes wife Aff. 177 Wiues fathers brothers nephewes daughter Aff. 178 Wiues fathers sisters nephews daughter Aff. 179 VViues mothers brothers nephews daughter Aff. 180 VViues mothers sisters nephewes daughter 21. Section 4. Deg. The same line continued still and fourth degree Canon Con. 181 Brothers nephews daughter Con. 182 Sisters nephews daughter Aff. 183 Brothers nephews sonnes wife Aff. 184 Sisters nephews sonnes wife Aff. 185 VViues brothers nephewes daughter Aff. 186 VViues sisters nephewes daughter Note that their neeces daughters and neeces sons wiues not mentioned as well as their nephewes daughters nephews sonnes wiues mentioned in this Section be also parcell of this Catalogue And likewise in the 21. 22. 23 Sections before where they bee not mentioned in their particular tearmes yet neuerthelesse be of the same Catalogue line and degree with their Section such be in the 21. Section great grandfathers and mothers sisters nephewes and their sisters neeces daughters and in the 22. 23. Section grandfathers and mothers and fathers and mothers brothers neeces and their sisters neeces daughters This vnderstood the Canon Catalogue ceaseth Of the necessarie parts of this treatise to the vnderstanding of the reason of the Computation in the Catalogues of this Table IF thou commest Christian Reader to this Table not hauing read the treatise before nor read nor excercised in the Canon ciuill lawes both it will seeme somwhat strange vnto thee why the second degree in the 2 Section of this table should not encrease in the eight Section following and likewise why the third degree in the 11. Section should not encrease in the 12. 13. Sections of the same and that the 4. degree in the 18. Section should continue the fourth so manie Sections after These computations be verily naturall and yet without industrie more than common reason can reach vnto such be the secrets of bloud Now if thou wilt be idle thou maist wonder stil otherwise this treatise is but small it selfe in the whole but much lesse that part of the same by many degrees that is the totall sum to resolue thee To the vnderstanding therefore or thy vnderstanding of this Computation readily in the Catalogues of this table first confer with the same parte of the 2. Chapter viz. from these wordes A new found Question fol. 12. to these words that follow viz. Haue therefore in one degree c. fol. 13. there thou hast the Lateran synod Secondly the 6. chap. in all there is described the collection state and condition of euerie person his line and degree by the laws by the Canons Thirdly I commend thee to the figure and declaration of Consanguinitie or blood at the end of the 7. chap. this appertaineth to the 6 chapter that to this either giuing light vnto other but both a manifestation to the diligent reader Last I referre thee to this consultation viz. In contracts of matrimonie what is lawfull what honest and what expedient Some small helps if these shall not minister vnto thee with some little labor of thine owne they shall somewhat prepare thee at the least to consult with the Learned FINIS Hierom. in Epist cont Ruph◠dist 56. c. nasci Arist lib. 2. polit a Cap. causam quae Qui sil sunt legit b 24. H. 8. cap. 12. in prohem ad idem de repub Anglo c Rom. 13. d De sacris ecclesiae minist ac benefic lib. 1. cap. 1. e Nouel 6. f Euseb lib. 1. Hist Eccles c. 5. c. cleros 21. Dist g It is and was of anciēt time due to the imperiall crowne of this realme to haue the soueraignty and rule ouer all maner persōs borne within the same whether ecclesiasticall or lay but the kings and queenes neither haue doe nor will challenge authoritie and power of ministerie of diuine offices in the church Jniunct an 1. Eliz. tit Admonition h De repub Anglo lib. 2. cap. 12. i Infra ca. 3. De repud pag. 25. De repud pag. 26. Pag. 26. Pag. 15 Ambr. lib. 8. Epist 66. Ioachim a Beust in admonitione de grad pag. 230. Gen. chap. 3. Leuit. chap. 20 n De acquirend rerum dom cap. 29 o Cap. innotuit De elect p H. 8. Aa 28. cap. q 36. Q. 1. I. ex illa Aliud est fornicatio aliud stuprum aliud a dulteriū aliud incestus aliud raptus ſ Delegi◠consuet ang
the kings writ of Bastardie Their instance The conclusion of he nobles at Merton fol. 7 CHAP. III. The transmission or writ of certificat to the Ordinarie The Statutarie antecedents to the same fol. 24 CHAP. IIII. The Ordinarie His office and order in proceeding fol. 31 CHAP. V. Of matrimonie and legitimate issue fol. 39 CHAP. VI. Of consanguinitie or bloud The figure and declaration thereof fol. 51 CHAP. VII Of affinitie or alliance by marriage The figure and declaration thereof fol. 58 CHAP. VIII Of the prohibition Leuiticall fol. 67 CHAP. IX Of the prohibition Canonicall fol. 71 CHAP. X. Of the succession of the statutes in marriage and their force at this day fol. 77 Faults escaped in the printing Pag. 15. line 26. for that is descended read from whom is descended Pag. 41. line 17. for excesse read accesse Pag. 48. line 24. in the note for Patrimonium read Matrimonium Pag. 21. line 3. in the note for A2 28. read an 25. cap. 19. The Triall of Bastardie CHAP. I. Of possessions and Natiuities their cognisance and triall THe issue of the defiled bed before we come to handle it either in it selfe or the contrary least happily the readers should some of them looke for another issue here than I know they be likely to finde I meane a relation of pleadings in possessions after the common lawes I aduertise them before hand howsoeuer this may seeme to fit the argument Haec non iudicantur in Ecclesia The church hath no cognisance of them The possession of Radulphus and Agatha his mother left them by Radulphus the father and grandfather to Agatha and hir sonne when he went to Ierusalem impeached afterwards by F. great vncle to Radulphus the sonne in that he obiected this Agatha was begotten by Radulphus hir father of Auâ—line the wife of Alan in the time of Alex. 3. manifesteth as much in the Canons For when the incideÌ„t question of hir natiuitie arose before the secular Iudges it came in the end to the audience of Alexander who in his commission in that cause of the Iurisdiction of the church to the BB. of London Worcester hauing touched the possessory Iudgement of the king countermaunded immediatly againe his former rescript in these wordes viz. Causam quae inter R. F. super eo quod mater dicti R. dicitur non fuisse de legitimo matrimonio nata agitari dinoscitur vobis commisimus terminandam veruÌ„ quod literis nostris inseri fecimus vâ—praefato R. possessionem omnium quorum possessor extitit quando Auus suus proficiscendi Hierosolimam iter arripuit ante principalis causae ingressum faceretis restitui si eadeÌ„ possessione fuisset per violentiam spolitatus Nos attendentes quod ad Regem pertinet non ad ecclesiam de talibus possessionibus iudicare ne videamur iuri regis Anglorum detrahere qui ipsarum iudicium ad se assorit pertinere f. v. mandamus quatenus regi possessionum iudicium relinqueÌ„tes de causa principali videlicet vtrum mater predicti R. de ligitimo sit matrimonio nata plenius cognoscatis causam huiusmodi terminetis c. that is to say The cause or question notoriously knowne to be moued betweene R. and F. touching that that the mother of the sayd R. is affirmed not to be borne in lawfull matrimonie we haue committed to you to be determined howbeit where we caused to be inserted in the same our letters that you should see the possession of all things restored to the aforesaid R. that he possessed when his grandfather tooke his iourney to Hierusalem before your entrance to the principall busines if violently first he he had beene spoiled of the same weighing that the Cognisance of such possessions appertaineth not to the church but to the king least we should seem to derogate from the right of the king of England who claimeth they pertain to himself we require you leauing the possessorie iudgement to the king that you take absolute knowledge of the principall cause that is to say whether the forenamed R. his mother bee borne in lawfull matrimonie determine the same The politique bodie of this land considered as it is compacted of all sortes and degrees of people deuided onely in tearmes and by names of spiritualtie and temporaltie hauing auctoritie the one part commonly called the English Church to declare interprete and shew any cause question or doubt of the Law diuine or spirituall learning and to administer such offices and dueties as to their roomes spirituall doth appertaine the other the lay or temporall Iudges for triall of propertie of landes secular contentions as also the conseruation of the people of this Realme in quiet and peace and howe they doe both their auctorities and iurisdictions conioyne together in the due administration of iustice the one to helpe the other appointed so ordained and instituted to that purpose and end that the kings queens of the same according to their plenarie power from God might be furnished of themselues to render iustice and finall determination to all subiects and in all causes as they haue and doe at this day hold of God to themselfe and by their sword their people and crowne acknowledging no superiour on earth without restraint or prouocation to any pope prince or potentate in the world may giue a light to that we haue said of the spirituall and secular powers before For howsoeuer they may seeme to be distinguished in themselues they be but one body hauing but one onely head the royall and kingly maiesty of this land where the Aristocraticall gouernmentes and Democraticall haue been euermore strange vnto vs for deuided in times past into many sundry kings reigning ech absolutly in his country not vnder the subiection of other till by fighting the vanquished alwaies falling to the augmentation of the vanquisher it grew at the last into one Monarchy neuer did any take inuestiture at the Emperors hand of Rome or any other superior forraigne prince or Potentate but held as I sayd before and as they haue doe and will hold of none but of God their people and crowne Hence it is taken for an Empire in the world wherof as did Vlpian de publico romanorum iure I may as boldly write viz. Huius sacrosanctae Augustae ciuitatis status in sacris sacerdotibus magistratibus consistit that is to say The state of this imperiall common-wealth consisteth in holie thinges and in priests and magistrates for so we repute no lesse the magistrate thaÌ„ the priesthood to be ordained of God as the apostle teacheth whereof Duarenus dilateth thus viz. Sunt cnim magistratus sacerdotium velut vnius corporis id est ecclesiae duo membra precipua quorum alterum alterius auxilio eget Verily they are saith Duarenus the magistracie and priesthood as it were of one bodie that is to say two principall members of the Church hauing need the
but neuer since but in earthly successions and so they number still that is to say the degrees by the persons to conferre their inheritance to the next but by the generations the Canons number the degrees in mariage causes that we come not too neer to the kindred of our slesh wherein they varie not from M. Beza at all but onely in the equilaterall lines where he maketh two brethren two generations their children foure so in the residue where their generatiōs be so he affirmeth thē to be eiusdem euen of the same speciei seriei by the order course of nature therfore do the Canons make thē the same generations and the same degrees and so his wordes many seeme to import no lesse where he saith Natura enim ipsa ostendit tot opportere gradus quot sunt generationes that is to say Euen nature her selfe doth shew ther ought to be so many degrees as there be generatiōs neuerthelesse we must count thē so saith he as we respect Ordinem numerandi and make them so by the order and course of numbering two generatiōs the which he holdeth in all the laterals to be holden without exception as may appeare by that treatise that is to say so many persons so many degrees the Canons hold the same in the ascending and descending lines Vna dempta the vse of this rule is explaned in the chapter of consanguinitie hereafter this M. Beza reproueth also viz. the rule of Vna dempta and yet hee confesseth it hath nothing in it that is differing from the truth for so he writeth Et si nihil statuit à veritate alienum tamen non recte concepta est that is to say Though it ordereth nothing that is differing frō the trueth yet it is not conceiued aright but let it suffice it be true and holdeth where the Canons vse it that is in the ascending and descending lines vpright and downeright straight they bend it not to the laterals for it will not hold with the rule of generation there wher the persōs do spread thēselues or nature rather spreadeth the persōs on either side Here is their difference in the equilaterals only where M. Beza giueth libertie to marrie within the prohibition of the Canons but his prohibition is the same with the Canons in the the rest so far as the Canon prohibition reacheth except in the persons that be not collateral or vice-parents childrē the one to the other the same their rules with his of the collateral or vice-parent of the honesty of nature only his prohibition goeth beyond the prohibition of the Canons in the laterals that be not equal wherin so much the nearer he draws thē to the law of nature as he carries them further off from the kinred of their flesh this is seene in that example viz. PETRVS MARTINVS IOHANNES STEPHANVS MARCVS BERTA ROBERTVS ALBERTVS Gaius Martin TITVS MARIA For he prohibiteth Martin to marrie with Marie his grandfathers neeces nephues neece because he may not marry with Bertaes daughter that is with his sisters daughter and this he confirmeth by the rule of the honesty of nature which is this Cū naturae honestate pugnat vt cuius siliam ducere non potes neptim possis that is to say It is against the honestie of nature that thou shouldest marrie with his or hir neece whose daughter thou canst not marrie this for his prohibition But for his libertie touching that we haue sayd before let vs suppose Albertus hath an equilaterall sonne vnto Titius viz a brother that is discended a second Martin this Martin shal marrie with this Marie his grandfathers neece and yet his father is Maries first colateral parent that is to say hir fathers brother notwithstanding both the rule of collateral parent and the rule of the honestie of nature which should seeme as well to hold in the one as the other for Martin may not marrie with his grandfathers daughter that is his aunt by the expresse leuitical prohibition why shal he then marry with his neece whose daughter he may not marrie by the former rule I will not determine between so reuerēd a diuine the canon lawes only I haue written this that such as haue or shall hereafter haue the reading of that treatise may enter into consultation with themselues amongest themselues why the elder Martin in this example should not marrie with his graund-fathers neeces nephewes neece and the yonger Martin should marrie with his graund-fathers neece onely I may cite S. Ambrose who affirmed plainly they might not marrie by the lawe of God but Mr. Beza answereth that S. Ambrose affirmed this memoria lapsus as much to say as forgetting himselfe To this I may cite another that writeth thus Quia vero Beza hanc iuris canonici computationem ridet improbat ideo sciendum obseruandum est quod in consistorijs harum terrarum non obstante consideratione Bezae computatio iuris canonici obseruetur secundum eam pronuncietur i. Where saith he Mr. Beza derideth and reprooueth the computation of the canon lawe it is therefore to be noted and obserued that in the consistories of these prouinces of ours the computation of the canon law must be obserued notwithstanding the consideration of Beza and be pronounced after it And so the computation of the lawes of our land spiritual or lay must be obserued and be pronounced after them in these prouinces of ours notwithstanding the consideration of any And this computation is naturall whereof more at large in the chapter of consanguinitie heereafter Thy ius primogeniti thy fathers inheritance take it by the legall figure it is lawfull for thee and number vnto that by that computation there viz. Father Sonne 1. 2. and so in order in the residue But seeke not a wife by that computation in the other that insueth namely the canonicall figure specially in the midst of the tree thou hast no portion there thou shalt not come neere it but touch it not in any wise it is the kindred of thy flesh yea thy fathers bloud which forced he that cast out Adam from the garden of Eden and set the cherubins there and the blade of a sword to keepe the way of the tree of life hath said That bloud shalbe vpon thee and though thou tarriest i. Thou diest not the death because the iudiciall is gone yet the morrall law abideth which thou transgressest and neuer dwellest long in that seede and thy fathers inheritance togither for the Lord hath set a sword to keepe the way thereof from that posteritie It commeth thus to passe that two legal degrees do make but one canonicall brothers for example reckoned after the secular lawes in the second degree in legal succession after the canons be numbred in the first in causes of matrimonie their children there in the fourth here in the second there their nephewes in the sixt here in the
suspend in these times not the beginning nor ratification of matrimonie but the accessorie solemnities onely and the consumation of the contract neither can I finde it so strict this temporall prohibition as it is for the most part interpreted to be for thus I find it qualified viz. Haec autem seruanda sunt si vxor consensum adhibere voluerit the glosse addeth contra that is to say This abstinence taketh place if the wife shall consent thereunto and likewise if the husband for they haue not power of their bodies in themselues but either ouer other in due beneuolence this the canons terme Debitum coniugale wherin they be prohibited to defraud one another except it be by consent for a time no reason then the Church should defraud them both Let me not offend in shewing the significations I haue read of these prohibited times to marrie leauing the same vnto them that best be able to iudge them The time of Aduent represented Tempus absentiae sponsi i. The absence of the bridegrome in the which his spouse most of all desireth Aduentum i. The comming of hir husband and which shee importuneth daily This she inquireth of passengers too and fro abandoning all delightes so saith a father Sponsa ecclesia tempore aduentus querit in lectione prophetarum quos tunc legit qui de hoc certam habuerunt reuelationeÌ„ Ideo in memoriam sponsi absentis sed desiderati ecclesia tunc temporis ordinat filios suos a nuptijs abstinere The spouse saith hee the Church euen seeketh so this time the comming of her bridegrome in the Prophets which then she readeth and who haue had thereof certaine reuelation and therefore shee hath this time of Aduent in remembrance of hir absent but most desired bridegrome ordained that her sonnes should abstain from marriage The second prohibition represented Tempus luctus in quo lugemus casum Adâ—… casum nostrum in ipso The second prohibition that is to say the time of lent it represented a time of mourning wherein we bewailed the fall of Adam and in him our owne and the dangers consequeÌ„tly herein we haue fallen into We should not therefore in these dangers reioyce but lament rather and pray it hath not therefore in this time the Church wherin she bewailed hir sinnes in dread of such imminent dangers giuen libertie to hir children to marrie Here they haue inferred that Noah whilest he was in the Arke knew not his wife nor his sonnes theirs but liued there apart yea and all other creatures besides both male and female for hauing continued in the arke by the space of a yeare they are not read any of theÌ„ to haue multiplied Againe the scripture speaking of the entrance of Noah into the Arke mentioneth it thus Noah entred and his sonnes and afterwardes as though they went apart and his wife and his sons wiues but otherwise of his going forth viz. Go forth of the Arke thou and thy wife and thy sons thy sons wiues with thee So that the words which were in their entraÌ„ce vsed apart were vsed togither in their going forth Hence Hierome writeth vpon Zacharie Temporibus tribulationis luctus non debere sapientem inserutre operibus nuptiarum that is to say That they ought not the actes of marriage to be yeelded to of him that his wife in the times of tribulation and mourning Plangent terrae c. And the Prophet writeth thus of the siege of Iudah against HierusaleÌ„ In that day shall there be a great mourning in Hierusalem c. And the land shall bewaile euerie familie apart the familie of the house of Dauid apart and their wiues apart the familie of the house of Nathan apart and their wiues apart the familie of the house of Leui apart and their wiues apart the familie of Shimei apart and their wiues apart all the families that remaine euerie familie apart and their wiues apart The third prohibited time including the Ascention and Penticost hereunto were added the 8 daies after Easter represented Tempus glorificationis wherin saith the Lord we shalbe Sicut angeli Dei i. Equall with the angels of God which neither marry nor are married Briefly the first prohibited time mentioned here represented the time of reconciliation the second of tribulation the third of glorification This for the prohibitioÌ„s I haue read of the times but where we haue mentioned De legitima parentum coniunctione approbata per leges in the beginning of this chapter that is to say Of the lawful coniunction of man and woman approoued by the laws it resteth of the prohibition of the persons for so wee shall iudge of lawfull coniunctions and so of lawfull issue And touching these persons sithens they be in nearenesse in theÌ„selues discerned by consanquinity and affinitie consequently whether prohibited there to marrie or not we haue next declared consanguinitie and affinitie in their orders to manifest the prohibitions the better CHAP. VI. Of consanguinitie or bloud the figure and declaration thereof COnsanguinitie is a bond or linke of persons descended of the same stocke deriued from carnall propagation so called Consanguinitas quasi sanguinis vnitas That is to say Consanguinitie of the vnitie or communitie of bloud And this whether it be lawfully contracted or otherwise that is to say Carnall knowledge and issue had in fornication equally contracteth consanguinitie with matrimoniall knowledge touching the prohibition of marriage Now to discerne prioritie or neerenesse in bloud two things must be regarded principally so called Linea and Gradus as much to say as the line and degree whose vses the figure here ensuing shall declare at large viz. to be the one of them namely the line that that gathereth togither the persons conteining their degrees and distinguishing them in their numbers this is called Collectio personarum the other the state or condition of the distant persons shewing them how neere they be or how farre asunder in themselues from their common stocke or either from other This is called Habitudo distantium personarum dicitur gradus ad similitudinem scalarum graduum siuè locorum procliutum quia ita gradimur de proximo ad proximum It is also to be noted this line to be threefold that is to say Ascending Descending and Collateral The ascending line is from me to my father to my grand-father great graund-father and so vpwardes in this figure from ✚ to A. B. C. D. Contrariwise the descending line from me to my sonne nephew his sonne downwards in this figure likewise from ✚ to a. b. c. d. The collateral line is placed on either side this is also noted to be twofold viz Equall vnequall The equal colleteral is that where equally they differ the persons from their common stocke as brothers and sisters be equally distant from their father as also be brothers sisters children from their graundfather The vnequall where one precedeth
The same computation that is had from ✚ to the said common stocke the same computation shall hold betweene ✚ and euery descending person from the same stocke collaterall vnto ✚ euen to his equall collaterall line for they increase not as we haue said before one degree vnto ✚ till they shal haue exceeded his equall collaterall line This if wee prosecute our example in the same stocke D shalbe manifest for ✚ differing from this stocke in the fourth degree differeth therefore from e4 in the fourth degree from f4 in the fourth from g4 in the fourth and from h4 in the fourth Hence it is holden an infallible rule in the canons that a person begotten begetteth not a degree till the equall line be exceeded and then and not before they increase in euery added person It is otherwise after the legall computation for after the lawes it is thus viz collaterals in the vnequal line how many persons there be substracting the stocke so many degrees This appeareth in the same stocke and persons that wee supposed in the canonicall computation before for ✚ differeth heere as there from D in the fourth degree but e 4 heere in the fift f4 in the sixt g4 in the seuenth and h4 in the eight and so euery person without exception after the lawes doth increase a degree I referre thee for example to the legal figure It shalbe needlesse to prosecute euery particular stocke in this figure at large for the same reason holdeth of those we haue touched and the residue We leaue them therefore with this relation to the figure insuing here of Consanguinitie descending to the figure and declaration of affinitie according to our promised order CHAP. VII Of affinitie or alliance by marriage The figure and declaration thereof AFfinitie is after the Lawes personarum proximitas proueniens ex iustis nuptijs as much in effect as a neerenesse of persons proceeding frō lawful marriages for so it is contracted and not otherwise after the ciuil lawes howbeit the canons haue and doe also respect affinitie in this place as wee haue mentioned of consanguinitie in the chapter going before that is to say Equally contracted in matrimonie and otherwise for after the canons it is Affinitie personarum proximitas ex quocunque coitu proueniens owni carens parentela A ncerenesse of persons proceeding from euerie carnall knowledge without any maner of parentage or auncestrie And of that affinitie we speake of here so called Affinitas quasi duorum ad vnum finem vnitas As much to say as an vnion or consolidation of two viz. that be diuerse in one for so they be diuerse kinreds by marriage or other copulations conioyned By this it is contracted Affinitie two manner of waies First by lawfull marriages next by vnlawfull knowledge And hereof there be three sortes or kinds The first is contracted thus viz. My brother I be Consanguins in the first degree he taketh a wife hir they call Personam additam personae per carnis copulam as much in effect as a person added to another by carnall or fleshly knowledge this is the first kind of affinitie contracted by meanes of my brother that is to say betweene his wife and me and the first degree for thus they be the kinds and degrees discerned in affinitie viz. By the persons that be in consanguinitie or bloud neerer or further off distinguished in the figure before by their seuerall distance For example my brother is the first degree to me in consanguinitie his wife in affinitie my brothers sonne in the second his nephew in the third his nephews sonne in the fourth they in consanguinitie their wiues in the same degrees second third or fourth vnto me but they in affinitie they alter verily attinentiam these added persons that is to say They attaine not to in me by their addition that that I haue attained by bloud in the persons they be added vnto for herein that is to say in attinencie we be distinguished by consanguinitie and affinitie briefly that I may vse the termes my brother is my consanguine his wife my affine onely they retaine and participate with me the degree be it first second third or fourth that I haue with the persons they be carnally known by the which they alter not Consequently they shalbe euerie person in consanguinitie to my wife in affinitie vnto me in what degree in the one in that degree in the other but alwaies in the first kinde be they brother sister nephew neece or any other person mentioned in this figure for note it conteineth not this figure but onely affinitie in the first kinde and that to the fourth degree forasmuch as the prohibition of marriage by the canons now exceedeth not the same in kind nor degree It shalbe necessarie heere wee further declare the force and operation of affinitie touching this prohibition of marriage that is sprung by vnlawfull knowledge either in matrimonie or without for so it may be as vnlawfully contracted in the one as in the other as if Titius shall haue knowledge with Berta whose mother hee marries afterwardes and knowes hir likewise carnally in this case shall Titius be diuorced from Bertas mother and prohibited to contract with Berta hir selfe and the reason is Titius shall not dwell with the mother whom he married because hee contracted affinitie with her before in his knowledge had with hir daughter And he shall not marrie with Berta because he contracted affinitie also with hir in his knowledge had with hir mother and therefore in this case the first affinitie dissolues the marrimonie had with the mother the second hinders the matrimony to be had with the daughter Briefly thus the law considers in these cases viz. which goeth before or followeth the affinitie or the contract if affinitie then the contract is disabled that is had afterwardes but if the contract that affinitie preuaileth nothing that is subsequent We shall not greatlie seeme to digresse from our purpose briefly to rehearse the other two kinds of affinitie if but to distinguish the later frō the repealed Canons for note the prohibition also extended vnto them The second kind therfore of affinitie is this viz. Ad to the first kind therof a person carnallie as to thy brothers wife supposing thy brother to be dead a second husband a second husband I tearme him in respect of thy affinitie with hir for happilie she had vttered a double second before with these thou hast nothing to do but this second to thy brother more properly thy brothers successour is the second kinde of affinitie vnto thee If thou wilt haue the third breefly it is this ad to thy second affinitie a person likewise carnallie as to thy brothers wiues husband supposing hir to bee dead as thy brother was before another wife this is Quid pro quo one for another merrily englished For a reed a Rams horne but in earnest take hir and thy
lib. 5. tit de except n. 17. t 2. q. 6. c. in iud c. v ff de iurisdict om Iud. L. morte de off delegat Quoniam Cap. super cap. pastoralis x. Autent de defensor Ciuit ¶ nos igitur ¶ audient Colla. 3. y Autent eod d. ¶ audient ff de iurisdict om Iud. L. fin d Pet. de serr in form lib. in act confes proseruit ver Plenam omnimodam ll ad haec vtitur auctoritatibus maximis plurimis e Sp c. de iurisdict om IudicuÌ„ dâ—c expedito modica vero coertio f Prouinc ang in glo Lindw ver ord g Bracton h Reg. 3. 6. i Dispendiosam k c. Pastoralis ext dâ—â—ent re iudict l Gen. 3. m c. Afferte de presumpt Reg. 3. c. o Sepe coÌ„tingit p C 1. C. CuÌ„ inhibitio ext de Cland. desp q d. c. 1. Cland. desp r Mat. 22. s c. Quod nobis in sin de Cland. desp c. quod nobis qui fil sunt legitimi t c. 2. Qui filsunt legit u d. c. 2. Eod. tit x Bald. in L. si à matre Eod. de suis legit Ab. in c. accedens de purg Can. ext y Bracton De leg cons ang lib. 1. c. 9. in fin Brook tit Bastardy n. 4. z d. c. Cum inhibibitio ¶ Si quis ext eod tit a Si tamen infideles qui secunduÌ„ vetetis vel propriae legis instituta circa gradus coÌ„sanguinitatis vel affinitatis a canonibus notatos coniuÌ„cti sunt domino inspirante conuersi fuerint matrimoniuÌ„ anteà contractum non erit post baptismi lauacrum irritandum cum per sacramentum baptismi non soluantur coniugia sed crimina dimittantur Vnde proles indenata legitima censibitur c. de infidelibus ext de coÌ„sang aff Haec instit iuris can lib. 2. tit 13. si tamen Lancelot b d c. CuÌ„ inhibitio eod tit c Bracton 1. Cor. cap. 7 Cap. eod August in coment suo ad â— Cor. cap 7. in Hom. 49. de adulteritus coniuâ—is quae sententia allegatur in cap. â— Quemadmodum 32. Q 7. Idem tenet Hieron ad damas praesbit 〈◊〉 cap. omnes D. 32. Q. 7. vid. Q. per totum con 〈…〉 allegat d Glo. in sum 30. Q 5 can Si quis 〈…〉 5â— His itaque dist 30 Q 5. e De clandest desp Iud. iuris Canon Lancelot f C. 2. 30. Q 5. g D. c. cum inhibitio in princip ext eod tit i D. c. cum inhibitio eod tit Glo. in d. c. cum inhibitio ver Clandestina eod tit m Host super c. cum inhibitio Pan. eod n De ferijs c. capellan exc â—â—…nd de dec oblat ver nubentium o Patrimonium initur per spoÌ„sionem ratificatur per conseÌ„sum coÌ„sumatur per copulam q 1. Cor. 7. 3. 4. 5. r Itinerar Paradis de mat ser 2. s Gen. 7. 7. t Gen. 8. 16. v Zecharian 12 x Luke 20. 36. y Io. And. in decla arb consang * De preb c. per tuas 28. 11. 8. c. 7 statute z L. Iurisconsultus ft. de arb aff a L. 1. aff de grad aff c. 1. 26. Q. 5. The first rule Vna dempta The second rule The third rule This figure is placed at the end of the next chapter here ensuing togither with the figure of affinitie there Secundum Ioh. An. a Non facile ¶ affines ¶ sciendum ff de grad affinit b De prob d. c. per tuas statut praeal H. 8. Anno. 28. c. 7. c c. Discretionem c. penult ext de eo qui cog consang vx suae d c. Non debet consan aff Stat. anno 28. Hen. 8 cap. 8. verse and further to dilate c. Haec etiaÌ„ per can per issin i iuris C. discretioneme tuae c. fin de eo qui cog cons vxoris suae e 35. Q. 3. c. de affinitate ext de cland desp c. inhibitio f 35. Q. eod de propinquis g C. quod super his ext de cons aff h C. r. 2. eod tit xxxv q. v. sanè i Can. Isidor Alex. 35. Q. 5. c. 1. 2. vlt. a 35. q. 2. 3 c. igitur §. hac itaque b d. c. cum igitur in princip c Eod § est d Eod. § autem quamuis e Oseae c. 4 Isaiah 5 c. f Nomb. 36 Vide tab sect 8 a Leuit. 18. 3. b Leuit. 18. 34. c In tabula quadam a reuerendissimo patre ac domino Archiepiscopo Cantuar. scripta publicata poste à ab Archiepiscop Episco rescripto imperiali Anno Elizabethae congregat appâ—oâ— at confirmat Vndestand with these their neeces sonnes wiues Numb 36. 11. Numb 27. 11.