Common Places, Part 2 · Chapter 10 · Section 7
Of Degrees forbidden to make contract in marriage.
40 This ſéemeth firſt to be agréed vponupon, In Iudg. 1. Looke In Gen. 19, at the end, and 38, 11. and 2. Sam. 13, at the beginning. Leuit. 18. 20that in the 18. and 20. chapters of Leuiticus, are not rehearſed all perſons or degrées, in whom marriages are forbidden. For there is no mention made of grandmother: when as neuertheleſſe all men will confeſſe it to be moſt ſhamefull, if anie man ſhould take his grandmother to wife who is ſo far aboue him in yéeres. The wiſe alſo of the grandfather is not mentioned. And though the wife of the vncle, by the fathers ſide, be ſpoken of; yet is there nothing ſpoken concerning the wife of the vncle by the mothers ſide. Yea and (that we more maruell at) there is no prohibition for the father to marie his daughter: when as all men confeſſe, that thoſe marriages be moſt inceſtuous. So as it is to be thought, that in that place are ſet foorth by the holie Ghoſt certeine degrées prohibited: and thoſe not manie but yet ſuch, that by them (as by certeine exquiſite and manifeſt rules) we may iudge of the like. Wherefore we muſt thinke, that whatſoeuer is ſpoken as touching the mother, is alſo commanded as touching the grandfather, or grandmother: ſéeing that all theſe are reckoned to be parents. Thoſe things alſo, which are ſpoken as touching the wife of the vncle by the fathers ſide, doo manifeſtlie ſhew what is to be doone as concerning the wife of the vncle by the mothers ſide: forſomuch as theſe affinities or degrées hauehave by the ſame ſpace or diſtance, relation one to another. So that I am of this mind, that I thinke the prohibitions mentioned in the lawe, are therefore ſet foorth, that by them we might euidentlie vnderſtand, what is méet to doo in the like degrées.
Who more than others offend againſt the degree forbidden.I grant neuertheleſſe, concerning Paulus Burgenſis reaſon, that they much more breake the lawe, which doo contract matrimonies with perſons forbidden: and that they alſo peruert the order of kindreds. For vntounto me he ſéemeth to doo farre woorſſe, which marrieth his grandmother, than he which marrieth his néece of his brothers ſide: although I thinke, that both theſe matrimonies are vnlawfull. What the Hebrues of our time doo, I paſſe not much; yea, I much doubt of that, which Paulus Burgenſis aſſureth himſelfe, as a thing plaine and manifeſt; namelie, that the Iewes at this daie are moſt diligent in obſeruing of their outward lawes. For me thinketh I ſhould doo well, in not giuing to them more dignitie or religion than to Chriſtians. Wherefore, as it is manifeſt enough, that we hauehave for mens traditions, ſtraied verie much from the right obſeruation of the commandements of GOD, and alſo from the right knowledge of the ſcriptures: ſo is it alſo likelie that the ſame hath happened to the Iewes, eſpeciallie in this our age. So as I am not iniurious againſt them, when I will not yéeld more vntounto them, than vntounto our ſelues.
VntoUnto the degrees expreſſed by God, the Iewes hauehave added manie more.Neuertheleſſe, I will not let to declare, that their Rabbins hauehave added to the degrées forbidden in the lawe, manie more as well in deſcending as aſcending: which thing I vnderſtand the great learned man Paulus Phagius hath declared in his annotations on Leuiticus. Neither can I be perſuaded, that they were added by them for anie other cauſe; but onelie for that they thought that thoſe degrées were comprehended in the degrées expreſſed by God. Wherfore that (as I thinke) will not be ſufficient for iudging of lawfull marriages, if the degrée, wherein they are contracted, ſhall not by manifeſt and proper words in the lawe be forbidden, nor yet the order of kindred peruerted: for it may be, that the like degrée, and of the ſame diſtance, is forbidden by authoritie of the lawe. Neither dooth the ſcripture (ſo far as I can ſée) alledge in anie place ſuch a reaſon, as belongeth to the peruerting of order, although (as I hauehave ſaid before) I will not vtterlie reiect the ſame.
41 Some man peraduenture will ſaie; What matter is it for vsus of this age, either to knowe or to marke thoſe precepts, which are conteined in the 18. and 20. chapters of Leuiticus; ſéeing that we, after the comming of Chriſt, are no more bound to the ciuill laws of the Iewes? I grant that the Chriſtians are not bound to the ciuill precepts of the lawe: but yet I aſcribe thoſe precepts, which are there giuen for marriages, not to ciuill lawes, but rather to morall. And I thinke, that I may bring a reaſon out of the ſame place to confirme my ſaieng. For God when he gaue thoſe lawes, added theſe words therevnto; Leuit. 18, 2… &. 20. 23.Take heed therefore that ye defile not your ſelues with whooredoms, and ſuch inceſts, as the Gentils hauehave doone, whom I hauehave driuen out of thoſe lands, which I hauehave now giuen vntounto you: for ſeeing thoſe nations hauehave beene polluted with ſo greeuous wicked acts, I hauehave therefore ſo deſtroied them, and will doo the like vntounto you, except you ſhall diligentlie ſhunne thoſe things, which I command you, as touching theſe euils. I thinke no man will doubt, but that the Chanaanits, which receiued not the lawe by Moſes, neither were citizens of the publike weale of the Iſraelits, could not by that lawe be condemned; bicauſe they obeied not the lawes of the Hebrues. They were ſubiect onelie to the lawe, which is called morall. Séeing then God reproueth them for that cauſe, that they were ſo defiled with ſuch filthie luſts and inceſts, and affirmeth, that for the ſame cauſe he depriued them both of their land and life: it is manifeſt, that theſe laws muſt be ioined, not to ciuill precepts, but to morall, which all men are bound to obſerue.
Neuertheleſſe, it ſéemeth at the firſt ſight to be againſt this doctrine, Gen. 20, 12.in that Abraham (a man otherwiſe moſt holie) is thought to hauehave married his brothers daughter; namelie, Sara. Amram had alſo Iochabed his aunt to wife, of whom he begat Moſes, Aaron, and Marie. And it ſéemeth, Exod. 6, 20that ſo godlie and holie men would not hauehave doone this, if the morall lawe (as we hauehave ſaid) had béene againſt it. To this we anſwer: firſt, The lawe of nature was darkened through ſinne.that the lawe of nature was much blotted by corruption and wickedneſſe, which ouerwhelmed all mankind ſoone after ſinne: and for that cauſe they, which contracted ſuch matrimonies, thought peraduenture that the ſame was lawfull. And therefore, although they cannot altogither be excuſed by that ignorance; yet it is to be thought that they committed leſſe ſinne than thoſe, which durſt doo ſuch things, after the lawe was giuen. I adde moreouer, that among the facts of the fathers, certeine things are now and then ſpoken of, by which other men muſt not take example, ſéeing they are ſometimes to be interpreted as prerogatiues, or certeine priuiledges giuen them. But how ſo euer it be, we muſt not (as I thinke) much labour to excuſe the fathers in all things. Although I knowe there be, which ſaie, The fathers muſt not in all things be excuſed from ſinne.that Sara was not the daughter of Abrahams brother, but of kin ſome other waie. And therefore ſhe might be called his ſiſter, after the ancient maner of ſpeaking; as though ſhe were of ſome kindred vntounto him, but yet not ſo néere of kinne, but that they might marrie togither. And in like maner they ſaie of the kindred of Amram and Iochabed. Howbeit, I will omit theſe things, ſéeing the whole matter may be made plaine by theſe two kind of anſwers before alledged.
Why God by his laws eſtabliſhed matrimonies.42 It might alſo be demanded, that if the precepts of matrimonies be morall, and doo apperteine to the lawe of nature, why God would alſo eſtabliſh them in his lawes? Bicauſe the light of nature was come to that point, that it was not ſufficient. The brightneſſe thereof was dailie more and more defaced in the harts of men. Which dooth manifeſtlie appéere, The ten commandements were obſcured in the harts of men before the lawe.not onelie in theſe, but alſo in the tenne commandements: where it is commanded, that men ſhould abſteine from theft and murther. And yet we read in the hiſtories, that robbing on the ſea, and alſo on the land preuailed in ſuch ſort, as they might ſéeme to be full of honour and dignitie. Plato, Plato.in his firſt booke of lawes, thought, that concerning procreation of children, we ſhould abſteine from mothers, grandmothers, and the degrées aboue them; againe, from daughters, néeces, and degrées beneath them: but as for other perſons he made frée. Ierom againſt Iouinian, in his ſecond booke teſtifieth, that the Scots in his time had no certeine marriages: but accompanied with their women, as they luſted themſelues, euen with ſuch as came firſt to hand. He ſaith moreouer, that the Meds, Indians, Aethiopians, and Perſians, confuſedlie contracted matrimonies with their mothers, ſiſters, daughters, and néeces.
Which ſéemeth neuertheleſſe to diſagrée with that, which Herodotus writeth of the Perſians. For Cambyſes (as he teſtifieth) deſired to marrie his ſiſter, for the which he aſked counſell of the lawiers and wiſe men: and demanded of them, whether that matrimonie were lawfull or no. To whom they anſwered, that they indéed had no lawe for the brother to marrie his ſiſter: but yet they had another lawe among them, whereby it was lawfull for the king of the Perſians to doo whatſoeuer himſelfe luſted. Surelie they anſwered well in the firſt part of their anſwer, but in the latter part they moſt ſhamefullie flattered the tyrant. Howbeit, the things, which be written by this hiſtoriographer (though ſometimes fabulous) and thoſe that Ierom bringeth, varie not. For the common ſort, being now corrupted with ſhamefull and wicked cuſtome, contracted ſuch matrimonies: howbeit, the wiſer ſort, in whom the lawe of nature did ſhine, perceiued that thoſe matrimonies were not lawfull; although, being ouercome with couetouſneſſe, they would not forbeare them. Whom Paule to the Romans hath ſharpelie reprooued, ſaieng; Rom. 1, 32.Which men, notwithſtanding that they knowe the righteouſneſſe of God, they not onelie doo ſuch things, but alſo they conſent vntounto thoſe which doo them. And theſe matrimonies are knowne as it were in their owne nature to be ſo vnlawfull, as they, which heare relation made of ſuch things, be ſtriken with an excéeding great horror. Yea and they themſelues, which hauehave committed ſuch things in the heate of their luſt, ſéeme to deteſt thoſe whom they hauehave defiled.
The poets make mention of Cynara and Myrrha his daughter, Cynara and Myrrha.with whom hir father perceiuing that he had vnwares kept vnlawfull companie, he ſo hated hir, that he perſecuted hir, all that euer he might. 2. Sa. 13, 15.Amnon began ſo to hate his ſiſter, whom he had diſhoneſted, that he commanded hir to be violentlie thruſt out of his ſight. Inceſts hauehave in a maner alwaies had vnhappie ends. Ptolome.Thou ſhalt alſo neuer in a maner find (if thou looke into hiſtories) that inceſtuous marriages, or carnall copulations came to good end. Ptolome king of Aegypt tooke to wife, by fraud and guile, his ſiſter Euridice. What ill ſucceſſe came therof, the hiſtories, and (ſpeciallie Iuſtine) hauehave plainlie ſet foorth. Antonius Caracalla, Anthonie Caracalla. Nero.who married his ſtepmother; and Nero, that committed abhomination with his mother, not onlie came to a moſt vnhappie end, but (according to their deſerts) were woonderfullie hated of the people, and were openlie called monſters of mankind. Wherefore we grant, both that theſe commandements, which doo prohibit thoſe ſins, perteine to the lawe of nature; and alſo, that they were for iuſt cauſe renewed by God in his morall lawes.
43 It may alſo be plainelie enough declared by another reaſon, that inceſtuous marriages are forbidden by the light of nature; The Romane laws forbad to marrie the brothers.ſéeing that they were earneſtlie forbidden by the Romane lawes, which were counted among the moſt excellent and honeſt lawes: and thoſe marriages were ſpeciallie named, wherein anie man had married his néece by the brothers ſide. Although Claudius Caeſar, when he would marrie his brothers daughter Agrippina, cauſed the firſt lawe to be abrogated; and to be decréed, that it might be lawfull for euerie man to hauehave his brothers daughter to wife: but there was none at Rome, except it were one or two, that would followe his example. But the firſt lawe, which was the beſt, was obſerued among the Romans. Howbeit, we muſt vnderſtand, that there were certeine perſons prohibited by the laws of the Romans, whereof Gods laws made no mention; and yet their prohibition was not without reaſon. So as the citizens of Rome were bound to obſerue them, although by the light of nature they could ſée no cauſe why they ſhould ſo doo. Which kind of lawes was woont to be called peculiar, bicauſe it ſéemeth to be a thing priuate vntounto certeine perſons. I will make the thing more plaine by examples.
The Romans (as may be ſéene in the Code) would not that matrimonies ſhould be made betwéene the gardian & the pupill; The gardian might not marrie his pupill.bicauſe they ſawe it would eaſilie come to paſſe thereby, that the gardian, which had conſumed the goods of his pupill, leaſt he ſhould be conſtrained after the time of his tutelſhip, to render an account of thoſe goods, would ſollicit the maiden to marriage: which being obteined, he ſhould be frée from rendering an account of hir goods. Surelie the lawe was good, but yet it was not perfectlie obſerued. Cicero.Cicero (otherwiſe a graue man) was ill reported of for the ſame cauſe: for being farre in other mens debt, when he had forſaken his wife Terentia, he married his pupill, of whoſe goods and affaires he had the charge as gardian. Alſo the Romans decréed, that no preſident of anie prouince ſhould take to wife, either to himſelfe, or to anie of his, anie woman within the ſame prouince, wherein he gouerned. For they knew right well, that it might ſo happen, that the Pretor, Proconſull, or Preſident in a prouince, hauing affiance in the families and kinſfolkes comming to him by his wife, might conſpire new matters, and at laſt alienate themſelues frō the Common-weale. They alſo ſaw a great danger to hang therevpon, leſt he ſhould not be iuſt and ſeueare in giuing of iudgement; bicauſe he would gratifie his kinſfolks more than others. Laſtlie, it ſhould not be frée for them to hauehave marriages within the prouinces; bicauſe magiſtrates might in a maner compell them of the prouinces, to contract matrimonies either with themſelues, or with their fréends.
Felix was married to a Iew. Acts. 24, 25.We ſée alſo this excellent lawe violated. For Felix, which gouerned Iurie vnderunder Nero, (as it is written in the 24. chapter of the Acts of the apoſtles) had Druſilla a Iew to wife. But what néed is it to rehearſe, that theſe lawes of leſſe weight were not obſerued, when as that people had ſhaken off euen thoſe lawes, which we called morall, and are knowne by the lawe of nature? Cicero declareth in his Oration for Cluentius, that Saſſia, Cicero.a certeine wicked woman, was ſo inflamed with wicked luſt, that ſhe inſtigated hir ſonne in lawe Aurius Melinus, The prodigious louelove of Saſſia.(to whom ſhe had before married hir daughter) to refuſe his wife, that he might take hir to wife in ſtéed of hir daughter: which at the length ſhe brought to paſſe. And whereas that déed was accounted full of diſhoneſtie, yet was it not puniſhed by the lawes. Neither doo we read that the matrimonie (which Cicero affirmeth was vnluckilie contracted without order or authoritie) was diſſolued by the power and commandement of the magiſtrates. Wherefore, there is héere alſo offered a good reaſon, whie God would againe inculcate by a new lawe, thoſe things, which by the light of nature were iudged to be honeſt: for the bounds, bars, & cloſures of nature were broken, by the impotent luſt of men; and therefore they were to be made ſurer by another bond. For the Iſraelits were no more ſhamefaſt in kéeping of naturall honeſtie, than the Romans were.
44 Neither is this to be forgotten, that God had certeine proper things in his lawe, which may be called peculiar: ſéeing all men were not bound vntounto them by the lawe of nature, but the Hebrues onelie. For he would not hauehave them to contract matrimonie with the Chanaanits, Exod. 34, 16Ammorhites, Iebuſits, for other people ſéeme not to hauehave béene bound to that lawe. Neither ſhould we at this daie (if there were ſuch nations ſtill) be letted, but that we might ioine our ſelues in matrimonie with them. Although the cauſe of that lawe ought at this daie to be holden: which cauſe is, The godlie muſt not ioine in marriage with the vngodlie. Auguſtine.that matrimonies ſhould not be contracted with them that be of a contrarie religion; for we muſt beware, that the godlie be not ioined with the wicked. I knowe that Auguſtine, concerning vnlawfull mariages, writeth to Pollentius, in the ſecond booke, and De ſermone Domini in monte; that There is not a place in the new teſtament, wherein by expreſſe words, matrimonies with infidels are forbidden. But of this matter I will not write much at this preſent, ſéeing I hauehave largelie intreated thereof vponupon the epiſtle to the Corinthians. This will I ſaie moreouer, that a good man, in contracting of matrimonies, ought to followe chéeflie that which is honeſt; & not lightlie to depart from commendable orders, & vſuall cuſtoms, which are not againſt the word of God. And if there happen peraduenture anie doubt, let him not thinke it much to aſke his magiſtrate: otherwiſe he ſhall raſhlie put foorth himſelfe, his wife, and his children into danger.
For if he be married in anie of the degrées prohibited, he ſhall not be counted a huſband, but a whooremonger; and his wife ſhall be called a harlot; and the children, in that marriage begotten, ſhall be taken for baſtards. Howbeit, the magiſtrate, although he may not, concerning matrimonie, forbid certeine other contracts, beſides thoſe which God hath forbidden: yet can he not, neither ought he to remit anie of thoſe, which God hath commanded, and which he hath forbidden by his lawe. Yea, he muſt moſt diligentlie take héed, that he burthen not the people too much, or without an earneſt cauſe; as we ſée that the Pope hath doone, who hath two waies ſinned therein. Firſt, The Pope hath two waies erred touching theſe laws.in that he durſt vſurpe the office of making lawes in a Common wealth; which vndoubtedlie perteineth not vntounto him. Secondlie, bicauſe in his lawes he followed not the word of God; but without reaſon forbad firſt all degrées, euen to the ſeuenth, which he perceiuing afterward not to be obſerued, and that all things were full of confuſion, he reſtrained his prohibitious to the fourth degrée. Wherein he is conſtant and obſtinate, if there come no monie in: but if monie be offered (whereof he muſt hauehave much brought him to fill his gréedie deſire) he diſpenſeth as pleaſeth him, both with his owne lawes, and the word of God.
45 This alſo muſt be knowne, that God hath in his lawes another decrée, which we may call peculiar; bicauſe it ſhould not extend to other nations: neither ought it to be in force at all times. Deut. 25, 5.And that was, that when anie huſband did die without children, the brother that remained aliue, Of marrieng a widowe to the next of kin.or ſome other next of kin, ſhould marrie hir that was left: ſo that the firſt, which ſhuld be procreated of that marriage, ſhould be counted the ſonne of him that was dead, and as in the inheritance ſhould fullie ſuccéed him. For God would not in that Common-weale, that men ſhould altogither be extinguiſhed. And he prouided, that this diuiſion of lands ſhould be kept as much as might be. And ſéeing the ſame is not vſed in our publike weales, neither that God hath commanded it; therefore it dooth nothing apperteine vntounto vsus. Wherefore we muſt kéepe our ſelues vnderunder the generall and common lawe; namelie, that no man preſume to marrie the wife of his brother being dead, although he died without children.
And be it knowne vntounto vsus, that in the beginning, when onelie the familie of Adam liued on the earth, brethren were not forbidden, as they were afterward: for brethren were driuen of neceſſitie to marrie their ſiſters. Howbeit, afterward, when as men were increaſed in number, they began to be aſhamed, and by the inſtinction of God, or nature, either to abſteine from prohibited perſons, or at the leaſt-wiſe to knowe that ſuch coniunctions were full of ignominie. But what time they began firſt to abſteine, it appéereth not by the hiſtorie. The heathen poets perhaps ſhewed that neceſſitie of them in old time, which vrged the familie of the firſt parents to match the brother and ſiſter togither, when they feine, that their gods had their ſiſters to wiues. The gods of the Ethniks married their ſiſters.For the chéefe of them; namelie, Iupiter had Iuno, who in Virgil thus ſpeaketh of hir ſelfe;
But I, which walke the Queene of gods, both ſister and wife to Ioue.
Looke In Sam. 13, 1.46 And though the word of God, and the inſtinct of nature, ſhould be ſufficient of it ſelfe to make vsus abſteine from the foreſaid coniunctions; Auguſtine.yet are there brought by diuers writers, cauſes fit enough to forbid the ſame. Auguſtine, in his 15. booke De ciuitate Dei, and 16. chapter, writeth; that That abſtinence dooth verie much helpe to inlarge the bonds of humane ſocietie. For if marriages ſhould be concluded betwéen the parents of one familie, there would be no kindreds betwéene others. Furthermore, it is not conuenient, that one and the ſame man ſhould ſuſteine the perſons of ſundrie kindreds; to wit, that one man ſhould both be the vncle and huſband of anie one woman; and that one woman ſhould both be the aunt and alſo the wife of anie one man. Cicero.Which reaſon alſo Cicero made in his fift booke De finibus; Plutarch.and Plutarch in his 108. probleme. And ſéeing both theſe men were Ethniks, they could not perceiue this, vnleſſe they had béene illuminated with the light of nature. Alſo the third reaſon is added; bicauſe theſe perſons, from whom we muſt abſteine, doo for the moſt part dwell togither in one houſe. So if they ſhould hauehave leaue to ioine in matrimonie togither, they would not ſo grauelie & modeſtlie be conuerſant one with another, as domeſticall ciuilitie requireth.
Plutarch, in the place now alledged, Plutarch.hath ſhewed two other reaſons, beſides theſe, which wée hauehave brought. One is, The cauſes of diſſention between kinſfolks is to be cut off.that betwéene néere couſins, diſſentions were to be feared: for they would ſoone complaine, that the right of kindred were taken awaie. Which ſaieng I thus vnderſtand: If either ſhe that were to be married, or he that would marrie, ſhould ouerſkip the néerer of kin, for to marrie one of further aliance: then that partie, which were néerer of kin, would take it to be an iniurie receiued; as if by ouerſkipping, it had béene purpoſelie doone, to put the other partie to ſhame. Euen as it commeth to paſſe in making of wils, wherein they, which be the néerer of kin, neither may nor ought to be forgotten. And in the lawe, touching the raiſing of ſéed vntounto the brother alreadie dead, the firſt place was to be granted vntounto him that was néereſt of kin; who, if he would not vſe his owne right, was made aſhamed: as that lawe more at large dooth declare. Wherefore, ſéeing that diſorders betwéene all ſorts are to be hated, then thoſe betwéene kindreds muſt be deteſted. Alſo Plutarch bringeth another reaſon; namelie, Women by marrieng of their kin are the better vpholden.that women be weake, and therefore hauehave néed of manie and ſundrie vpholders. So that in marrieng with ſtrangers, if they be afflicted by them as it commeth to paſſe, they hauehave all their owne kinſmen to be their patrones and defenders: but if they ſhould be wiues vntounto their owne kindred, and be ill intreated of them, they ſhould hauehave a verie few to defend their cauſe; ſith other kinſfolke would not be verie readie for their ſakes, to fall at controuerſie with their owne kin: which would not gréeue them to doo againſt ſtrangers.
47 But ſéeing now I am in hand with Plutarch, I remember that, which he hath written in the ſixt probleme: and I thinke it not vnprofitable to rehearſe the ſame, ſéeing it appéereth to be againſt that, Auguſtine.which Auguſtine hath in his 15. booke De ciuitate Dei, and 16. chapter, touching the marriage of couſins germane. For he affirmeth there, Of marriage betweene couſins germane.that the ſame was lawfull before his time; although ſuch kind of matrimonies ſéemed verie rare, bicauſe men did in a maner forbeare to contract with perſons ſo néere of bloud. But he ſaith, that afterward that libertie was taken awaie. Which in verie déed I cannot perceiue in the Romane lawes, which were publikelie receiued and allowed: and yet neuertheleſſe, thoſe lawes were in force through out Aphrica. So as it may ſéeme obſcure to ſome, of which lawes Auguſtine ſpeaketh: vntounto whom he ſaith, that matrimonies of this kind were forbidden in his time. But it muſt be vnderſtood, that when Auguſtine liued, the lawe of Theodoſius the elder was in force, who firſt among the Caeſars (ſo far as I know) forbad this ſort of matrimonie. Aurelius Victor. Paulus Diaconus.Which alſo Aurelius Victor, and Paulus Diaconus doo teſtifie. And the ſame we find at this daie in the Code of Theodoſius, concerning inceſtuous marriages, the ſentence as touching theſe perſons remaining in theſe words; He that ſhall violate himſelfe with the marriage of his couſine germane, either of his ſiſters or brothers daughter, or of his wiues daughter; laſtlie, of anie the marriages of whom is forbidden and condemned.
Howbeit, at this daie the lawe is not extant in the Digeſts, nor in the Code, nor yet in the Authentiks. Which neuertheleſſe king Clotherius followed, as it is read in the Almane lawes, in the title De illicitis nuptijs: yea and it is confirmed by the eccleſiaſticall Canons and Decrées, by Gratian 35. queſtion 2. and 3: out of the Agathen Councell, the 61. Canon. And Gregorie the firſt, in that place, is found to be of the verie ſame opinion: in the chapter Quaedam lex Romana, &c. Auguſtine the biſhop of Canturburie.Theſe things he anſwereth vntounto the ſixt interrogatiue of Auguſtine the biſhop of Canturburie. And he affirmeth, that they which ioine togither in the degrée of couſins germane, ought to refraine from contracting of matrimonie betwéene themſelues. And Ambroſe alſo long before Gregorie, in his 66. epiſtle to Paternus, condemned marriage betwéene brothers and ſiſters children; and witneſſeth, that the ſame was forbidden by Theodoſius lawe: which I alſo hauehave alreadie alledged. And if it be lawfull to vſe coniecture, I thinke that Theodoſius did it at the requeſt of Ambroſe, who had a maruellous reſpect to publike honeſtie. Yet neuertheleſſe was not that lawe ſo ſeuere in thoſe daies, but that the ſame might ſometime be diſpenſed with; as the epiſtle to Paternus dooth ſhew. And in that Ambroſe affirmeth there, that ſuch kind of marriage was forbidden by the lawe of GOD; it cannot be prooued vntounto anie, which throughlie conſider the words of the lawe, and the acts of the fathers.
How the Romans ordered themſelues in ancient time, as touching the marriage of couſins germane, this I hauehave obſerued. In the ſecond booke, & fift Decade of Liuie: Liguſtinus ſaith, that his father gaue him to wife his vncles daughter. Cicero alſo, in an oration for Cluentius, writeth, that Cluentia was lawfullie married to M. Aurius hir couſine germane. And M. Antonius the philoſopher married Fauſtine his couſine germane; as Iulius Capitolinus writeth. And before the building of Rome, there is mention made of the marriage betwéene Turnus and Lauinia, who deſcended of two ſiſters. Yet Plutarch, in the place before cited, ſaieth, that in the former times at Rome it was prouided by lawe, that they which were néere of kin ſhould not be ioined in marriage: but that the ſame lawe was afterward releaſed vponupon this occaſion. For a certeine man, which both was honeſt, and of good reputation among the people of Rome, being verie much preſſed with penurie, maried a couſine germane of his, which was verie rich and wealthie: for which cauſe he was accuſed of inceſt. But his cauſe being heard, he (by the iudgement of the people of Rome) was abſolued. For fauour bare a great ſtroke in the citie. By meanes whereof, there was a lawe made by the people, that from thence forward it ſhould be lawfull for couſine germans to marrie. Theſe things I thought good to declare of this kind of marriage, both out of the laws of God, out of the laws of the Romans both ancient and later, and alſo out of the fathers & eccleſiaſticall Canons.
Wherevnto I will adde, that there be manie cities acknowledging the Goſpell, which doo not allow the marriage of brothers and ſiſters children; namelie, Zuricke, Berna, Baſil, Schaphuſium, Sangal, Bienna, &c. Alſo in the kingdome of England (where I was) there this degrée was excluded from marriage. So as in places, where the magiſtrate dooth forbid theſe marriages, the faithfull ſort muſt forbeare them; for thoſe reaſons, which I hauehave before declared. But Othniel, if he were the couſine germane to Achſa, he might marrie hir by the lawe of God: but if he were hir vncle, he might not doo it by the common lawe; howbeit, he married hir. Wherefore one of theſe two things we muſt ſaie; either that there was a fault in him (for the fathers, as we hauehave alreadie ſaid, were not alwaies frée from ſinne) or elſe, that God, by a certeine priuiledge or prerogatiue, would hauehave theſe things to be doone: which neuertheleſſe muſt not be challenged for an example. Neither muſt we forget, that by a cuſtome verie vſuall in the ſcriptures, In the ſcriptures kinſmen are called brethren.they which by anie meanes were ioined in bloud were called brethren. Euen as Lot is called the brother of Abraham; and the kinſmen of Ieſu Chriſt the ſonne of God, in the euangelicall hiſtorie, be called his brethren. So likewiſe in this place it may be, that Othoniel is called the brother of Caleb, when he was onelie ioined vntounto him by ſome néere kindred. And this expoſition the interpretors, for the moſt part, doo vſe: the which I would not miſlike, vnleſſe I ſawe added in the text this particle (The yoonger) which is not accuſtomed to be added, but when brethren or ſiſters are in verie déed compared togither.