married his second Cousin and that is more than can be said against it St. Austin and St. Ambrose favoured not the marriage of first Cousins yet they judged them lawful Ambr. l. 8. Epist Aug. de Civ Dei l. 15. c. 16. L. celebrandis C. de Nuptiis And this is answer enough for such a trifling Objection The CONTENTS Computation of Degrees Vnjust Marriages Stemma Cognationis Right line Ascending Right line Descending Line transverse equal Line transverse unequal TITLE X. Of the Degrees of Consanguinity or kindred by Blood THE degrees of Consanguinity and their different Computations between the Civilians and Canonists are better understood by the inspection of a Pedigree than by writing or speaking Yet Justinian gives very good directions Inst l. 3. T. de Nuptiis and L. 3. Tit. 6. De gradibus Cognatorum The first Degree of Consanguinity is in the Right Line ascending and Degree 1 descending where all degrees of that Line are forbidden So that upwards a man may not marry his Mother Grandmother or great Grandmother c. And downwards he may not marry his Daughter Granddaughter nor great Granddaughter c. The Reason is Because in all these Cases one of the parties is a Parent Reason or a Child by blood that is The woman is either a Mother or a Daughter to the man This was Lots Incest and Reubens Incest v. Gen. 19.33 Gen. 25.22 Instances Gen. 38.10 Lev. 18.7 c. Lev. 20.11 12 c. Ez. 22.13 Am. 2.6 The second Degree of Consanguinity is in the Side-line equal in which Degree 2 all Propinquity or Nearness by blood is forbidden to the second or third degree only Reason The Reason is Because Propinquity or Nearness consisteth but in two or three degrees as he is my near Neighbour that dwelleth but two or three houses from me And the Levitical Law reckons propinquity or nearness no farther than the third degree the rest she accounts remote So that in the second degree of the side equal or collateral Line the Civilians compute in that Line no first degree at all a man may not marry his Sister nor his Sisters daughter c. for she is his near kinswoman either by the whole blood or by the half blood Reason The Reason is because in all these cases the Parties are alwaies Brother and Sister that is the Woman is alwaies sister to the Man and the Man brother to the Woman by blood Instances This was Ammons incest with Tamar his sister by the half blood for they were both Children to David by several Ventres Degree 3 The third degree is in the side unequal Line or Linage upwards or downwards In which upwards a man may not marry his Aunt nor great Aunt c. And downwards a man may not marry his Neece or his Neeces daughter c. As when upwards I lie with my Aunt whether she be my Fathers sister or my Mothers sister by blood or downwards I lie with my Neece whether she be my Brothers daughter or my Sisters daughter The Reason is because in all these cases the Woman is either still Aunt Neece to the man Reason SECT I. The Computation of Degrees in the Right line and Side line Computation of Degrees 1. The first degree in the Right line is from me to my Father or Grandfather and all my Parents upward or from me to my Daughter or Grand-daughter and all my Children downward 2. The second degree in the Side line equal is from me upward to my Father one degree and from my Father downward to his daughter which is my sister two degrees Reason Now the Reason why in the Side line the Computation proceedeth not directly from me to my sister but fetcheth a compass about upwards and downwards and passeth through our Parents is because the Consanguinity between me and my sister is not immediate proximous and prime in their first degree but mediate propinquous and secondary through and by the means of two common Parents For no Blood is derived or passed from me to my sister nor from her to me Reason but Blood is derived or passed from our Parents to each of us and in us their blood is parted My Mother therefore who derives her blood to me immediately must needs be more Consanguineous or nearer of kin to me than my sister who derives no blood at all to me but only takes part of the same blood with me And my Daughter who derives her blood immediately from me must needs be more Consanguineous or nearer of kin to me than my sister who derives no blood at all from me but only takes part of the same blood with me My Mother therefore upwards and my Daughter downwards are the Females of nearest Consanguinity or kindred to me and therefore they make the first degree for that which in order is the nearest or next to me must needs be the first from me And consequently my Sister being not so near to me in consanguinity kindred or blood as is my Mother and Daughter cannot be computed in the first degree and therefore must either be in the second degree or in a degree more remote or else in no degree at all Hence it is that in many accurate Pedigrees the Lines are drawn and visibly expressed in the Right line or linage only and they are drawn downwards only according to the descent from the Parents to the Children Because the course of the blood which makes Consanguinity Reason passeth only by descent downwards but Sideward in the Side-line or linage no lines at all are visibly drawn and expressed because the blood hath no passage at all that way for there was none at all neither from the Brother to the Sister nor from her to him So that they partake not of one anothers blood but both partake alike of their Parents blood which descends in common to them both and in them is parted into several channels making several descents Yet for computation sake there are lines conveyed sideward in the side-line or linage not lines real and visible but only imaginative and putative such as Astronomers conceive to be in Heaven and Geographers on Earth calling them Meridians or Parallels which are no realities visible or sensible but only imaginations or fictions in Astronomy or Geography The third degree Sideward in the side-line unequal is thus for my Degree 3 Uncle or Aunt From me to my Father or Mother upwards is one degree then from my father and mother to their father and mother or my Grandfather or Grandmother is two degrees then downwards to the son or daughter of my Grandfather or Grandmother which is sideward to my father and mother which are their brother and sister which are my Uncle and Aunt is three degrees And the brother and sister of my father and mother is my Uncle and Aunt And for my Nephew and Neece the computation is thus From me to my father or mother upward is one degree then from my
degree Materter◠magna and is compared with the Sisters nephew Matertera major 3. The great Aunt or great Grandmothers sister is the fifth degree and is compared with the Sisters nephews son Matertera maxima 4. The greatest Aunt or great Grandmothers mothers sister is the sixth degree and is compared with the Sisters nephews nephew The CONTENTS Affinity Instances Stemma Affinitatis Conclusion Tables of Consanguinity and Affinity TITLE XI Of the Degrees of Affinity or Alliance by Marriage Affinity AFFINITY is grounded upon Law and Marriage as Consanguinity is grounded upon Blood and Birth And therefore there is a near resemblance between them And though in Affinity there be properly no Degrees yet Degrees are assigned to it and are computed according to the degrees of Consanguinity 1. Degree The first degree of Affinity is in the right Line ascending and descending where as in Consanguinity all Degrees are forbidden in infinitum So that upwards I may not marry my Fathers wife and so higher for ever and downwards I may not marry my Sons wife and so lower for ever Reason The Reason is because in all these cases the party married is a Parent or a Child by marriage to the party marrying that is the woman is either a Mother in law or a Daughter in law to the man As in Consanguinity the Woman was either a mother in nature or a daughter in nature to the Man Instances Gen. 38.18 1 Cor. 5.1 2. Degree This was Juda's Incest with Tamar his Sons wife and this was the Corinthians Incest with his Fathers wife The second degree of Affinity is in the Side-line or Collateral-line equal So that in the second Degree sideward I may not marry my Brothers wife or my Sister in law nor my wives Sister or my Sister in law Reason The Reason is Because in all these cases the woman is still Sister in law to the man or the parties married are Brothers and Sisters in law as in Consanguinity the parties are brothers and sisters by Nature This was Jacobs Incest in marrying with Rachel his Sister in law for she was one sister to Leah his first wife Instances This was Herods Incest who married with Herodias his brother Philips wife And this was Henry the Eight his case who married Katherine his brother Arthur's wife v. Gen. 29.30 Lev. 18.9 11 16. Lev. 20.17.21 2 Sam. 13.10 11. Math. 14.3 4. 3. Degree The third degree of Affinity is in the Side-line unequal So that in the third degree upward I may not marry my Uncles wife or my Aunt in law nor downwards I may not marry my Nephews wife nor my Neece in law The Reason is Because in all these Cases Reason the woman is still either Aunt or Neece in law to the man by marriage and so vice versâ or the parties married are Uncle or Aunt or Nephew or Neece in law as in Consanguinity they are Uncles Nephews and Neeces in nature Now Affinity ariseth to me two waies First by my own kindred i. e. Kinsmen or kinswomen when they are married or by my wives kindred or kinswomen when I my self am married I. By my own kindred as 1. By the wives of my Male-kindred therefore the wives of my kinsmen by consanguinity are my affairs or allies in the same degree of affinity wherein my several kinsmen and I stood by consanguinity or kindred So upwards my Fathers second wife or my Step-mother or Mother in law is my Affinis or Ally in the first degree of affinity or alliance because my Father and I are in the first degree of Consanguinity or kindred And downwards my Sons wife or my Daughter in law is my Affinis or Ally in the first degree of affinity or alliance Because my Son and I are in the first degree of consanguinity or kindred And Sideward my Brothers wife or Sister in law is my Affinis or Ally in the second degree because my brother and I are in the second degree of consanguinity or kindred And so farther sideward in the third degree my Uncles wife or my Aunt in law is my Affinis or Ally in the third degree of affinity because my Uncle and my Nephew their husbands are my kinsmen in the third degree of affinity 2. In like manner vice versâ the Husbands of my kinswomen i. e. of my Female kindred by consanguinity are my Affines or Allies in the same degree of affinity wherein my several kinswomen and I stood by consanguinity or kindred So upwards my Mothers second husband or my Father in law is my Affinis or Ally in the first degree of affinity or alliance because my Mother is my kinswoman in the first degree of consanguinity or kindred And downwards my daughters husband or my Son in law is my Affinis or Ally in the first degree of affinity because my Daughter is my kinswoman in the first degree of consanguinity And Sideward my Sisters husband or my Brother in law is my Affinis or Ally in the second degree of affinity or alliance because my Sister is my kinswoman in the second degree of consanguinity So likewise farther Sideward in the third degree my Aunts husband or my Uncle by marriage is my Affinis or Ally in the third degree of affinity and my Neeces husband or my Nephew in law is my Affinis or Ally in the third degree of affinity because correspondently my Aunt and my Neece are kinswomen in the third degree of consanguinity or kindred II. By my Wives kindred For Besides the affinity arising unto me by my own kindred i. e. my kinsmen and kinswomen there accrues to me if I be married a great stock of affinity by my wife Yet a man and his wife are properly of no kin at all neither by consanguinity nor affinity in any degree of propinquity or nearness neither before marriage nor after Not before marriage because their consanguinity or affinity in any degree of propinquity would be so just an impediment against their marriage that thereupon they might not marry at all or if they did marry their marriage would be accounted unlawful and incestuous Nor after Marriage because Consanguinity and Affinity lie necessarily between two persons who make the distinct terms of those Relations But a man and his wife though naturally and sensibly they are two distinct persons yet Jurally and Legally in the estimation of Law they are no more two but one person or as the Scripture phraseth it They two are no more two Matth. 19.6 but one flesh Again after marriage a man is nearer to his Wife than to his Father and Mother for he must leave his Father and Mother and cleave to his Wife But a mans Consanguinity with his father and mother is in the first degree and therefore there can be no degree of Consanguinity with his wife because there can be no Degree before the first The marriage therefore of Man and Wife effecteth neither Consanguinity nor
Fathers Sister Cons Mothers Sister Cons Fathers Brothers Wife Aff. Mothers Brothers Wife Aff. Wives Fathers sister Aff. Wives Mothers Sisters Aff. Downward Neeces Brothers Daughter Cons Sisters Daughter Cons Brothers Sons Wife Aff. Sisters Sons Wife Aff. Wives brothers Daugh. Aff. Wives Sisters Daugh. Aff. A Man may not marry Upwards his Mothers Grandmothers Great Grandmothers In Nature In Law Forwards his Brothers Neeces In Nature In Law Sidewards his Aunts Great Aunts In Nature In Law Downwards his Daughters Grandaughters Great Grandaughters In Nature In Law A Woman may not Marry in the Right Line Upward in the First Degree Fathers Father Cons Stepfather Aff. Husbands Father Aff. Second Deg. Grandfathers Grandfather Cons Grandmothers Husb. Aff. Husbands Grandfather Aff. Downward in the First Degree Sons Son Cons Husbands Son Aff. Daughters Husb. Aff. Second Deg. Grandsons Sons Son Cons Daughters Son Cons Sons Daught. Husb. Aff. Daughters Daug. Husb. Aff. Husbands Sons Son Aff. Husbands Daugh. Son Aff. Side Line Forward Brothers Brother Cons Husbands Brother Aff. Sisters Husband Aff. Upward Uncles Fathers Brother Cons Mothers Brother Cons Fathers Sisters Husb. Aff. Mothers Sisters Husb. Aff. Husb. Fathers Brother Aff. Husb. Mothers Brother Aff. Downward Nephews Brothers Son Cons Sisters Son Cons Brothers Daugh. Husb. Aff. Sisters Daughters Husb. Aff. Husbands Brothers Son Aff. Husbands Sisters Son Aff. A Woman may not marry Upwards her Fathers Grandfathers Great Grandfathers In Nature In Law Forwards her Brothers Nephews In Nature In Law Sidewards her Aunts Great Aunts In Nature In Law Downwards her Sons Grandsons Great Grandsons In Nature In Law Prohibitions to the Third Degree inclusively A Man may not marry his 1. Mothers 2. Sisters 3. Aunts in Blood or Nature in Marriage or Law A Woman may not Marry her 1. Fathers 2. Brothers 3. Uncles in Blood or Nature in Marriage or Law Permissions of Cousins beyond the Third Degree Briefly A Man may not marry in the Right Line any of his Mothers Grandmothers Daughters Grandaughters Side Line any of her Sisters Aunts Neeces Persons forbidden in the Right Line 15 in all 30. Side Line 15 in all 30. Briefly A Woman may not marry in the Right Line any of her Fathers Grandfathers Sons Grandsons Side Line any of her Brothers Uncles Nephews Persons forbidden in the Right Line 15 in all 30. Side Line 15 in all 30. A Postscript THose that have had the patience hitherto let them favour me a little farther for their satisfaction to read the Testimonies of some Ancient and Modern Divines who have either said the same things with me or else very like them or have given me hints at least to enlarge upon them Authorities I know by custome sound high and prevail much to vulgar perswasion But solid reason is of much more force in it self and prevails much more with intelligent and unbiassed Souls Examine well the scope of all and without prejudice and let the Learned correct qualifie expunge or add as their wisdoms shall prompt them with all Candour Hear therefore next to the Holy Scriptures what these Learned men do say Testimonia Laciniata The CONTENTS Peccatum Originale Lex Fides Duo Testamenta Fides Scripturae Nature Grace Absolute Decree Spirituale Sacrificium Superstitio Promissa Adamo Praedestinatio Meritum Perseverantia Satisfactio Praedestinatio Peccatum Originale Imputatio Labes Originalis Controversies Ceremonies Definitions and Determinations Scoffing and Railing Atheism Gravity 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Two Covenants Testament New Covenant Correspondence of Covenants Sacrifices Decalogue Baptism Natural Law Law and Gospel Resurrectio Justitia Imputatio Fides Justificatio Remissio Imputatio Justification Imputed Righteousness Justification Original sin Weakness Generousness Elements Nonage of the Church Fanaticks Terrible representations of God Popular errors Fathers not all pure OEconomy of Moses decaying Signs Some jealous conceits of God's indifferency to the World Jewish Nation a Pattern for others Votum pro Pace Christian Religion Immanation of God Emanations of God Appetites of Man's Happiness Recovery Doctrines troubled Vulgar errours Discerning Party Primitive Terms Reformation A Postscript Old Covenant Gen. 2.17 IN that day thou eatest thereof thou shalt surely die Gal. 3.10 Cursed is every one that continueth not in all things that are in the Law to do them Deot 27.26 If thou wilt not hearken unto the voice of the Lord thy God to observe to do all his Commandments and his statutes then shall all these curses come upon thee and overtake thee Deut. 23. Lev. 26.23 c. And if you will not be reformed by these things but will walk contrary unto me then will I also walk contrary unto you and will punish you yet seven times for your sins New Covenant 2 Cor. 3.6 Who also hath made us able Ministers of the New Testament not of the Letter but of the Spirit for the Letter killeth but the Spirit giveth Life 1 Cor. 10.1 c. I will not have you to be ignorant how that all our Fathers were under the cloud and all passed through the Sea and were all baptized into Moses in the cloud and in the Sea and did all eat the same Spiritual meat and did all drink the same Spiritual Drink for they drank of that Spiritual Rock that follow'd them and that Rock was Christ Job 8.17 Luc. 10.24 The Law was given by Moses but Grace and Truth came by Jesus Christ For I tell you many Prophets and Kings have desired to see those things ye see and have not seen them and to hear those things which ye have heard and have not heard them Matth. 11 1◠Verily I say unto you Among them that are born of Women there hath not risen a greater than John the Baptist notwithstanding he that is least in the Kingdom of Heaven is greater than he Hebr. 7.19 For the Law made nothing perfect but the bringing in a better hope did by the which we draw nigh unto God Hebr. 8.6 Now he hath obtain'd a more excellent Ministery by how much also he is the Mediator of a better Covenant which was established upon better Promises Hebr. 9.15 And for this cause he is the Mediator of the New Testament that by means of Death for the redemption of the transgressions which were under the first Covenant they which are called might receive the promise of eternal Inheritance For where a Testament is there must also of necessity be the death of the Testator c. 2 Tim. 1.9 10. Who hath saved us and called us with an holy calling not according to our works but according to his purpose and Grace which was given us in Christ Jesus before the World began But is now made manifest by the appearing of our Saviour Jesus Christ who hath abolished death and brought Life and Immortality to light through the Gospel Act. 13.38 39. Be it known unto you therefore Men and Brethren that through this Man is preached unto you the forgiveness of sins and by him all that believe are justified from all things from