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

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shall not blemish him at all if vertue beares him vp for if themselues if conuerts afterwards their former life destroys not much more their off-spring decked with his proper vertue shines and shall not be eclipsed with the oprobrious liues of his parents and why Non est eius culpa qui nascitur It is answered thus it is not his default that is borne but his that doth beget him the seed it selfe is not reputed euill for nature receiuing hir owne shee bestowes it she frames it next a bodie the seruing members ensue Et inter illas sacri ventris angustias dei manus semper operatur Hence is the flesh wilt thou condemne it now looke at the fleshly meanes Non peccat terra quae confouet non semen quod in sulcis iacitur non humor vel calor quibus temperata frumenta in germen pullulant sed verbigratia fur latro Temper thy iudgement therfore in this behalfe Quia non in seminibus sed in voluntate nascentis causa vitiorum est atque virtutum And if a law were made that such might inherit the vertuous I meane in the one before the vitious other why should not that law be iust the other I call not vniust but yet it is but temporall and within the libertie of Princes iustly to be altered by the times though iustly they cannot stand in one common wealth together for that that is in present beeing bridles now the parent to be father of Legitimation and the other should bridle if it were the sonne to furnish himselfe with vertues least happily his father shuld haue begotten a better sonne abroad than all the world can finde at home I would be loath in mouing a charitable iudgement in the sonne to seeme to giue hope to the father or libertie to offend Godforbid The happiest off-springs they be and nearer vnto hope let all mentake me so that be borne De legitima parentum coniunctione approbata perleges whereof more at large in this treatise for leauing the adulterous bedde or knowledge had without solemnised marriage which also we haue touched in the same that knowledge had in marriage in consanguinitie and affinitie haue been is and wilbe in all christian ages to come reputed for no lesse for sundrie reasons And first because that naturallie a man doth owe a certaine honour reuerence and feare to his parents and therefore vnto others of his kinne which come verie nigh of the same in so much that in old time as Valerius Maximus sheweth it was not lawful for the sonne to bath in one place with his father least he should see him naked Secondlie such persons must needes be conuersant and in companie together if nature therefore abhorred not knowledge in such they should haue too much opportunitie to licentious liuing whose neerenesse remooueth all suspition from the world And behold the heathen Philosopher here Where saith he a man doth loue his kinswoman by nature if there should be put to this the loue of bodily medling there should be too much heat and feruentnesse of loue and too great prouocation to fleshly lust which is contrarie to the chastitie of marriage Thirdly such marriages shall hinder that mutuall loue and friendship that is both profitable and honest to human societie for when a man doth take a wife that is a stranger to him all the kinred of his wife be knit vnto him by a certaine league of friendship and loue as if they were his owne this hath nature ordeined alreadie in blood Hence proceeded the prohibitiō of the Canons That men and women to whom loue and concord was thought both profitable and honest should be knit together by sundry degrees of kinred and not that one shuld haue many in one sed singulae spargerētur in singulos the Canons tearme them necessitudines which they would haue dispersed In the treatise of the determinations of the most famous and most excellent vniuersities c. fourth Chap. after the authour whosoeuer he was had cited touching such vnlawfull marriages the doctours of the church of Christ that were of greatest authoritie fame and renowne he descended to others which though not of so great authoritie yet their iudgements for their credit learning and grauitie was receiued worthely amongst whom he affirmed to this effect of an Archbishop in this land viz. being asked by what reason the forbidding we should not marrie in cōsanguinitie nor affinitie had so great strength and power in the church answered The laws and Canons of the church be full of this commandement and there be many decrees of the old fathers also that we should not marrie with any of our blood c. and as for the cause and reason of this commaundement albeit I might say that the simple and plaine reason is to obey the power and authoritie of them to whom Christ said It is not you your selfe that speaketh but the spirit of your father which speaketh in you c. yet for all that by the consideration and marking also of holy scripture I am woont to thinke thus with my selfe amongst the old ancient people of the Iews it was not lawful for any person to marry with any out of his tribe and when I doubted and sought a reason why so the daughters of Zelophehad came to my remembrance c. But in this case Moses gaue an answere to their carnalities That they should not marrie out of their tribe but the goodnesse and perfection of vs that be Christian folke is not on this fashion for seeing our heritage is God of whom it is spoken God is loue and charitie as the Iewes vsed a law agreeable to their heritage so we ought to maintaine a law for ours which is the law of loue and charitie There is light darknesse good and euill there be lawfull and expedient lawfull not expedient nor lawfull nor expedient marriages these be seen in diuers families in outward degrees in nigh kinred with this I commend to the reader the admonition of the English church that is to consider in contracts of matrimonie what is lawfull what honest what expedient Gregor Nazian de bono Coniugij COniugium radix fulcrum nobile vitae Coniugium praestat si sis sine robore vires Sic sumus inter nos auresquè manusquè pedesquè Mutua sic duros emollit cura labores Mutua sic gemina dulcedine gaudia crescunt Quin desiderium concesso limite claudit Coniugium custosquè aeternùm obsignat amores Vt sunt carne simul iuncti sic mente cohaerent Inter sequè pijs miscent incendia Flammis Et quia praesidij est rerumquè hic maior egestas Foemina virquè deo maiori pectore fidunt ❧ A Table of the contents of this Booke CHAP. I. OF possessions and natiuities their cognisance and triall fol. 1 CHAP. II. The canonicall and secular computations in consanguinitie their confusion The sequel The Lateran synod The answere of the Prelates to