5. Of the Choice of Persons Fit for Marriage

FOr the making of a cōtract, two things are requisite: first the choice, & then the consent of the parties.

Choice is an enquirie after persons mariageable.

Persons mariageable, are such as be fit and able for the maried state.

This fitnes or abilitie is knowne and discerned by certaine signes; which are either essentiall to the contract, or accidentall.

p. 24 An essentiall signe is that, without which the contract in hand becomes a meere nullitie. And of this sort there are principally fiue.

The first is the distinction of the sex, which is either male, or female. The male is man of a superiour sexe, fit for procreation. The female is woman of an inferiour sexe, fit to conceiue and beare children. 1. Cor. 11. 7. The man ought not to couer his head; for as much as he is the Image and glorie of God; but the woman is the glorie of the man. 1. Tim. 2. 12. I permit not the woman to teach, neither to vsurpe authoritie ouer the man, but to be in silence. By this distinction is condemned, that vnnatural and monstrous sin of vncleannes betweene parties of the same sexe,³² commonly termed Sodomie; as also the confusion of the³³ kinds of creatures, when one kind commits filthinesse and abomination with another.³⁴

1. 32. Rom. 1. 26
2. 33. Species.
3. 34. Leuit. 18 22. 23.

The second signe, is, the iust & lawfull distance of blood.

Distance of blood is then iust and lawfull, when neither of the persons p. 25 that are to be married, do come neare to the kindred of their flesh, or to the flesh of their flesh, for so the Scripture speaketh, Leuit 18. 6. No man shall come neare to any of the flesh of his flesh: or to the³⁵ kindred of his flesh. Where it is to be obserued, that by a mans flesh is meant that substance which is of himselfe, or whereof himselfe consisteth. And by the flesh of his flesh, that which next and immediately issueth out of that flesh whereof he consisteth. Whereupon it followeth, that the touching or comming neare of flesh to flesh, is not spoken of strangers, but of those only that are of kindred.

1. 35. Ebr. שְׁאֵר בְּשָׂרוֹ

Kindred is of two sorts, consanguinitie, or affinitie.

Kindred in consanguinitie, are those which issue from out, & the same common blood or stocke. And there be certaine degrees, whereby kinsmen of this sort are distinguished one from another.

A degree is a generation or descent betweene two persons that are of the same blood. For one person cannot p. 26 make a degree, vnlesse he be considered relatiuely in regard of generation.

Now many degrees continued or deriued from one and the same head, do make a Line; And a Line is twofold, the Right line, or the Ouerthwart, cōmonly termed collaterall.

In the Right Line, looke how manie persons there are, so many degrees there be, that only excepted, which vpon occasion offered, is in question, and from which we begin the account.

• Abraham.
• Isaac.
• Iacob.
• Ioseph.

Heere Ioseph is distant three degrees from Abraham, Iacob two, Isaac one, or the first.

The Right line is either ascending or descending.

The right line ascending, is the race of all the ancestors; and it hath sundrie degrees. Of the first whereof is, the father p. 27 and the mother; of the second, the grand-father both by the father and mothers side, that is, the father of my father, and the father of my mother; and the grand-mother, that is to say, my fathers and my mothers mother. Of the third, is, the great grand-father, or the father of my grand-father; and the great grand-mother, or the mother of my grand-father. Of the fourth, is the great grand-fathers father, and the great grand-fathers, or grand-mothers mother. Of the fift, is the great grand-fathers grand-father, & the great grand-fathers, or great grand-mothers grand-mother. Of the sixt, is the great great grand-fathers grand-father; & the great great grand-fathers, or great great grand-mothers grand-mother.

The right line descending, is the race of a mans owne posteritie. And that also hath sundrie degrees. The first wherof is, the sonne and the daughter; the second, the nephew, and the neece; the third, the nephewes sonne, and the neeces daughter. The fourth is the nephewes nephew, or the sonne in the p. 26 p. 27 p. 28 fourth degree of lineall descent, & the neeces neece, or the daughter in the same degree of descent. The fift is hee and she that are three lineall descents from the childs child. And so are the rest in their order, by what names soeuer they be called and knowne.

Now in this right line, whether ascending or descending, the person, of whom the case or question is moued, commeth neere to the kindred of his flesh. And therefore mariages in this line are prohibited infinitly, without any limitation; so as if Adam himselfe were now aliue, he could not marry by the law of God, because hee should come neare to the kindred of his owne flesh, as Moses speaketh. The reason hereof is, because in the right line, superiours and inferiours are to each other as parents and children; and the kindred betweene parents & children, being the first and nearest of all other, their coniuction in marriage must needs bee most vncleane, and repugnant vnto nature.

The collaterall or crooked line, is p. 29 that, which walketh by the sides of the right line, whether ascending or descending, in the row of the kindred. And it is either vnequall or equall.

The vnequall is that, whereby the person in question and his kinsman, are vnequally distant from the common stocke, or head of the kindred.

And in this line, looke how many degrees the kinsman that is furthest off from the common stock, is distant from the same, so many is he and his kinsman in question distant one from the other.

For example,

• Thare.
  • Abraham—
  • Nachor
    • Bethuel
      • Laban.

Heere Laban being remoued furthest off, to wit, three degrees from the common stock Thare; is likewise three degrees distant frō Abraham, his great vnckle, and Abraham so many from him.

p. 30 Furthermore, kinsmen in this Line are of two sorts; some are Superiours to the person in question, some are Inferiours to him.

Superiours are such, as are a kinne to his father, and mother, of some side; and that either nearer, or further off.

Those that are of neare kin to them, bee these.

I. The vncle of the fathers side, or the fathers brother; the aunt of the fathers side, or fathers sister. The vncle of the mothers side, or the mothers brother; the aunt of the mothers side, or the mothers sister.

II. The great vncle, or grand-fathers brother; the great aunt, or grand-fathers sister. The great vncle, or grand-mothers brother, and the great aunt, or grand-mothers sister.

III. The great vncle by the fathers side, or great grand-fathers brother; and the great aunt by the fathers side, or great grand-fathers sister. The great vncle by the mothers side, or the great grand-mothers brother; and the great aunt by the mothers side, or the great grand-mothers sister.

IV. The great grand-vncle by the fathers side, p. 31 or great grand-fathers fathers brother: and the great grand-aunt by the same side, or the great grand-fathers fathers sister. The great grand-vncle by the mothers side, or great grand-mothers mothers brother: and the great grand-aunt by the same side, or the great grād-mothers mothers sister.

Now these in regard of their inferiours, are in stead of parents, and therefore do come neare to the kindred of their flesh.

Those superiours which are of kindred to parents on the one side, a farre off, are these.

I. The sonne and daughter of the great vncle or aunt by the fathers side; or of the great vncle or aunt by the mothers side.

II. The nephew and neece of the great vncle or aunt by the fathers side, or of the great vncle or aunt by the mothers side,³⁶ neare to the cozin germane.

1. 36. Sobriuo propior.

And these as they stand in comparison with their inferiours, doe not come neare to the kindred of their flesh.

The equall collaterall line, is that, p. 32 whereby kinsmen are equally distant from their head.

Kinsmen of this line, are,

I. whole brothers, that is, brothers by the same father and mother, or halfe brothers, that is, brethren by the same father, but not by the same mother. Againe whole sisters by the same father or mother, or halfe sisters by one of them and not by both.

II. The brothers children or cousin germans; that is, the vncles sons or daughters, or the aunts sonnes or daughters. The sisters children, or cousin germans; that is, the aunts sonnes or daughters, which are the children of two sisters.

III. The cousin german, the son of the great vncle by the fathers or mothers side, and the cousin german the son of the great aunt, by the fathers or mothers side. The cousin-german the daughter of the great vncle, by the fathers or mothers side, and the cousin german, the daughter of the great aunt by the same sides.

In this line, looke how many degrees the partie in question is remoued from the common stocke, by so many twice-told, p. 33 is he remoued from his kinsman in question. Put the case betweene Bethuel and Isaac, as in this example.

• Thare
  • Abraham—
    • Isaac.
  • Nachor
    • Bethuel.

Heere Bethuel being two degrees remoued from Thare, is foure degrees distant from Isaac.

Now he that is in the second degree of this line, comes neare to the kindred of his flesh; and for that cause the mariages of brethren, and sisters are vnlawfull, and forbidden.

But against this, sundrie things are alledged.

Obiect. 1. The sons of Adam, who were the first brethren in the world, married their sisters; marriages therefore in this degree may seeme to bee lawfull. Answ. The case of those persons in those times, was a case of necessitie, which could not be auoided, and therupon was warranted by diuine dispensation. For God had giuen them his p. 34 owne expresse commandement in this behalfe; Beare fruits and multiplie, Gen. 1. 28. Besides that, there were then no other women in the world, by whom they might haue issue and posteritie, but only by their sisters. Whereupon it is manifest, that Gods will was, to permit them to take euen their sisters to their wiues. But now out of this speciall dispensation from God, such matching is vtterly vnlawfull, being an apparent breach of another expresse commandement giuen afterward by God himselfe, Leuit. 18. 9. 11. To this purpose saith Augustine in way of answere to the example propounded.³⁷ The practise of those first times,³⁸ then backed by vrgent nenessitie; the more ancient it was, the more damnable it proued afterward, when it was restrained by Gods commandement.

1. 37. De ciuit. [dropped from the edition]
2. 38. Dei. lib. 15. ca. 16. [moved in the edition]

Obiect. 2. Sarah was Abrahams sister, and yet Abraham tooke her to wife. Gen. 20. 12. Yet in very deed she is my sister, for she is the daughter of my father, but not the daughter of my mother, and shee is my wife. Gen. 11. 29. Abraham and Nahor tooke them wiues, and the name of Abrahams p. 35 wife was Sarah. Answ. Touching this instance, there are sundrie opinions. The Iewes doe grant thus much, that she was called by a name common to all kinsfolke of that sexe, to wit, a Sister; yet indeed shee was Abrahams neece, the sister of Lot, and the daughter of Haran, Abrahams brother, which Moses elsewhere calleth Iischa, Genes. 11. 29. Others thinke, that shee was daughter in law to Thare, Abrahams father; because Abraham himselfe saith, She is the daughter of my father, not of my mother. Others are of opinion, that she was Harans daughter in law, and after his death was translated into the family of Terah, her grand-father; who was also in stead of her father being dead, and thence shee was termed his daughter Now howsoeuer in this varietie of iudgements, it is hard to find certaintie of truth, yet this is out of doubt, that God in those daies tolerated many things, which notwithstanding he did not altogether approue.

Obiect. 3. 2. Sam. 13. 13. Thamar saies to her brother Amnon; Speake I pray thee p. 36 to the King, and he will not denie mee vnto thee. Ans. The speech of Thamar is not simplie to be taken, as if she desired that which she said, or as if it were lawfull to be done, which she wished him to do; but only that she sought to put him off, by giuing him this counsell, in respect of her owne deliuerance from that present danger; wherein shee was. Or at least it way be said, that she erroniously supposed it was lawfull for the King to grant such a sute, if it had bin made vnto him by her brother Amnon. Whether way soeuer this speech bee taken, there can no such thing bee gathered thence, as is pretended.

Now out of the second degree of the equal collateral line, it should seeme that those who are ioyned one to another in mariage, do not touch the kindred of their flesh; and therefore the law of God forbiddeth not cōsobrines or cousin-germans, that is, brothers and sisters children to marrie.

Yea if examples be of force for this purpose, the Scripture approueth such mariages. For thus it is written, that Iacob p. 37 married Rahel the daughter of Laban, his mothers brother, Genes. 28. 2. Againe, that Mahlah, Tirzah, and Hoglah, Milcah and Noah the daughters of Zelophehad, were married vnto their fathers brothers sonnes, Numb. 36. 11. And Othniel the sonne of Kenaz, the cousin of Caleb, tooke Kiriath-sepher; and hee gaue him Acsah his daughter to wife, Ios. 15. 17.

Howbeit in this case, the rule of the Apostle is to be followed; That nothing be done, euen in things that are otherwise lawfull, whereby a mans brother may stumble, or bee offended, or made weake, Rom. 14. 21. Wherefore it is conuenient, that such mariages should not be, because sometimes they may giue offence in regard of the law of the Magistrate; and because they come somewhat neare to the bonds and termes of blood and stocke, which God hath set downe in his word. Augustine in his 15. booke, De ciuitate Dei, chap. 16. saith to this purpose, Experti autem sumus, &c. that is, We haue found by experience, that in regard of that neerenesse of blood, which cousin-germans haue vnto the degrees of p. 38 brothers and sisters, how rarely custome hath admitted those mariages, which were warrantable by lawes, because the law of God hath not forbidden them, nor as yet the law of man. Neuerthelesse the practise lawfull in it selfe, was forborne the rather, because it came neare to that which was vnlawfull, and therfore mariage with the cousin-german, seemed in a manner to be marriage with a mans own brother or sister, &c. Howbeit, there is no question, but in these times it hath been well prouided by lawes, that such mariages should not be vndertaken. For as the multiplication of alliance is hindered thereby, so this inconuenience also groweth from them, that friendship and loue which is procured by affinitie, betweene men that are strangers; cannot be enlarged and encreased, where men goe not out of the limits, and termes of their owne blood; Yea, there is naturally in man a commendable measure of shamefastnesse, whereby vpon consideration of nearenesse in blood, hee acknowledgeth a due debt of modestie and honor to his next kindred, and consequently estraineth himself in regard of them from he occasions and actions of concupiscence, p. 39 whereunto hee is inclinable in respect of others. And hence it is, that generally the modestie that ought to be in those which intend mariage, auoideth as much as may be, these and such like coniunctions. The same is the iudgement of Ambrose in one of his Epistles to his friend Paternus,³⁹ wherin he disswadeth him frō marrying his sonne with his cousin-german, vpon the grounds before alledged by Augustine adding this withall, that though it were in it selfe lawfull, being no where forbidden by God, yet in sundrie respects being inexpedient, it ought not to bee done, according to the saying of the Apostle, All things are lawfull for me,⁴⁰ but all things are not expedient.

1. 39. Epistol. li. 8. epist. 66.
2. 40. 1. Cor. 6.

But it is auouched to the contrarie, that God by expresse law forbiddeth mariage with the aunt, the fathers sister Leuit. 18. 12. and with the mothers sister▪ vers. 13. and with the fathers brother wife, which is also the aunt, vers. 14. therefore by the law of proportion, he forbiddeth matching with the children of these persons. For in nature it is a ruled case: If a man may not marrie the p. 40 mother, much lesse may he marrie the daughter.

Answ. The argument is faultie, and concludes nothing to the purpose. For there is not the same reason of both. In the right line of consanguinitie, those which are sisters to father and mother, stand in the place and stead of parents; and their nephewes and neeces are to them as children, therefore mariages among them can stand by no law, either of God, of nature, or by the positiue lawes of nations. It is not so with cousin germans. For hauing no such relation, there is not in their mariages, by the law of Moses, any discouerie of shame, or breach of ciuil honestie. The blessing of God vpon some of them mentioned in Scripture, as vpon Iacob and Rahel, and such like, doe euidently shew that they were lawfull in themselues, and pleasing vnto him. And thus much touching kindred by blood or consanguinitie.

Kindred in affinitie, is that, whereby the termes of two kindreds, are brought into the societie of one and the same p. 41 familie; or whereby persons that are not of blood, are by marriage allied each to other. Hence it is termed affinitie, because it maketh an vnitie of termes in kindred, which before were distant.

Affinity or alliance groweth by mixtion or participation of blood, in the coupling of man and wife together in lawfull mariage. For a bare and simple contract, maketh not alliance betweene partie and partie properly, but mariage after the contract finished and consummate.

Againe, the same alliance ceaseth and determineth vpon the death of either partie espoused or maried; yet so as the prohibition of coniunction remaines, and stands in force, for the preseruation of publike honestie.

Now there is a kind of resemblance and proportion betweene kindred of blood, and kindred by mariage, not only in regard of degrees and line, but also in respect of the prohibition of degrees.

Those that are of alliance, are commonly p. 42 reduced to these heads.

I. The father in law, or the husbands or wiues father. The mother in law, or the husbands or wiues mother.

II. The mothers husband, or step father to them that come by another man. The fathers wife, or step-mother to those that come by another woman.

III. The wiues fathers father, or grand-father, and the wiues mothers mother, or grand-mother; or the grand-father and grand-mother of the wife.

IV. The sonne in law, or daughters husband, and the daughter in law, or sons wife.

V. The neeces husband, & the nephewes wife.

VI. The step-son, or son in law, that is, the son of a man by another wife, or of a woman by another husband. The step-daughter, or daughter in law, that is, the daughter of a man by another wife, or of a woman by another husband.

VII. The step-sons son, or his son who comes of a man by another woman, or of a woman by another mā. And the step-daughters daughter, or her daughter who comes of a man by another woman, or of the woman by p. 43 another husband

VIII. The husbāds or wiues brother, & the husbāds sister, or brothers wife.

IX. The sisters husband, and the brothers wife.

Concerning affinitie, I propound these rules.

I. Looke in what degree a man is of consanguinity to ones wife, in the same degree of affinitie hee is to the wiues husbād. And cōtrariwise for example.

• Isaac
  • Esau.
  • Iacob.
    • Ioseph—
  • Ioseph

• Samuel
  • Aaron.
  • Eli.
    • Maria.
  • Leui.

Heere, if Marie Iosephs wife, be distant from Esau Iosephs vncle by the fathers side, two degrees, then also is Ioseph himself distant from Aaron the brother of Eli his father in law, two degrees. If Marie the wife, be distant from her own father Eli one degree, and from her grand-father Samuel two; then also is her husband distant from Eli his father in law, one degree, and from Samuel his wiues grand-father, two. Another example.

• Herod.
  • Herod.
  • Philip, whose wife is Herodias.

Heere Herod being in the first degree of consanguinitie with his brother Philip; Herodias his brothers wife is in the first degree of affinitie to him.

II. Rule. Cousins by mariage within the degrees, both of the right and collaterall line, doe come neere to the kindred of their flesh, in the same manner that cousins by bloud doe, in the same lines; and the like degrees in both are forbidden. Therefore in the right line of affinitie, it is as well vnlawful for the father in law to marrie the daughter in law, or the sonne in law to marry the mother in law; as it is for the father to marrie the daughter, or the sonne the mother. Againe, in the collaterall, it is as vnlawful for the vncle by the mothers side, to marrie the wife of his sisters son, and so in other degrees, as it is for him to match in the same degrees of cōsanguinitie. The reason is, because in these lines, as well as in those of consanguinitie, p. 45 superiours and inferiours, are each to other as parents and children.

From hence amongst other things, it may bee gathered, that it is in no sort lawful for a man, when his wife is dead, to marrie her sister, Leuit. 18. 16. Thou shalt not discouer the shame of thy brothers wife; for it is thy brothers shame. And Leuit. 20. 21. The man that taketh his brothers wife, committeth filthines, because he hath vncouered his brothers shame.

Against this doctrine it is obiected. First, that God commandeth not to take a wife with her sister, during her life, Leuit. 18. 18. in which place, hee doth not simplie forbid a man to marry two sisters one after another, but to marrie them both together, and therefore after the wife is dead, a man may marrie her sister.

Ans. The place is a flat prohibition of the sin of Polygamie. For to take a wife to her sister in the Hebrew phrase, is nothing else but to take two wiues one to another. The like forme of speech is vsed otherwhere by Moses, as Exo. 26. 3.

p. 46 Fiue curtaines shall bee coupled together, [the woman to her sister] that is, one to another; and the other fiue curtaines shall be coupled [the woman to her sister] that is, the one to the other. Ezech. 1. 9. The foure beasts were ioyned with their wings, [the woman to her sister] that is, the one to the other. Againe, Moses himselfe there alledgeth two reasons against Polygamie: the one is, because the man is to loue, cherish and comfort his wife; whereas, if he should take vnto him another besides her, he should greatly vex his first lawfull wife. The other, because by that meanes he should vncouer the shame of his wife; that is, he should play a very dishonest part with her, to whom he was before lawfully married.

Obiect. 2 The Lord commanded by a speciall law, that the brother, in case his brother died without issue, should take his wife, and raise vp seede vnto him, Deut. 25. 5.

Answ. The words of Moses are a speciall exception of a generall law propounded in Leuit. 18. 16. Thou shalt not discouer the shame of thy brothers wife; for p. 47 it is thy brothers shame. And they are peculiarly directed to the Israelites, vpon speciall cause; that, when the elder brother died without seed the name of the first borne might not be extinct, but the familie might bee preserued in that name, by raising vp of seed vnto him, which being a priuiledge proper to the Israelites, vpon that speciall consideration, it must not bee enlarged to any other sort of men whatsoeuer. Neither is the text to be vnderstood of cousins remoued only, as some thinke, but also of the next of the kindred by blood; as appeareth plainly by the historie of Ruth, chap. I. vers. II. in these words of Naomi to her daughters in law, Turne againe, my daughters; for what cause will you go with me? Are there any moe sonnes in my wombe, that they may bee your husbands? Turne againe, my daughters, go your way, for I am too old to haue a husband, &c.

III. Rule. The wiues kinsman by blood, is of affinitie to her husband only; but vnto his kindred by blood, the said kinsman hath no affinitie at all. So p. 48 on the contrarie it is true, that though the husbands kinsman by blood, be allied to his wife, yet he hath no alliance to those that are kinsmen of blood vnto her. The reason is, because betweene the kindred of blood on the mans side, and the kindred of blood on the womans side, there is no affinitie. For the prohibition of the degrees of affinitie, hath force in those only which are the cause thereof, and goeth no further. Now the cause being only in the married persons themselues, the effect may not in reason be enlarged, to them that are of the same blood with either of them.

From this rule it followeth, that the kindred of both married persons by blood, may lawfully match together. The sonne in law, may match with the daughter of his mother in law. The father and the son by another wife, may marrie the mother and the daughter. Two brothers may lawfully match with two sisters.

IV. Rule. Kindred of affinitie to the wife,⁴¹ are also kindred of affinitie to her p. 49 husband; but how? not properly, but only after a sort, and as it were, of affinitie. So on the contrarie. Kindred of alliance to the husband, are, as it were, of alliance to his wife. For example. The wife of my father in law, which is not my wiues owne mother, but her step-mother, is, as it were, my mother in law, for she is (as it were) of affinitie to me, because she is indeed of affinitie to my wife.

1. 41. Beza de repudijs. 82.

Those which are of affinitie only after a sort, cannot conueniently match one with another. And therefore the sonne in law may not marrie with his wiues step-mother; because being of affinitie to his wife, shee is in stead of a mother in law to him. Neither may the daughter in law match with her husbands step-father, because hee is (as it were) a step-father to her. Againe, my sisters husband may not marry my brothers wife; for they are after a sort, brother and sister each to other. The reason hereof is, because the wife is holden in law a⁴² part of her husband, and therfore if affinitie hinders mariage with p. 50 one of the married couples, it hindreth as well in the like case and respect, mariage with the other.

1. 42. Cuius nuptias inire non licet, eius nec coniugis licet.

And thus much touching the distance of blood, which in the choice of persons fit for mariage, is most necessarily to be obserued. For in the 18. chapter of Leuiticus, there are sixteene seuerall sorts of persons with whom mariage is forbidden. The first is the mother. The second is the step-mother. The thid, the sister by the same father and mother. The fourth, the half-sister, by one of the parents only. The fifth is the neece by the sonne. The sixth, the neece by the daughter. The seuenth, the fathers sister. The eight, the vncles, that is, the fathers brothers wife. The ninth, the mothers sister. The tenth, the daughter in law, or sons wife. The eleuenth, the brothers wife. The twelfth, the wiues mother. The thirteenth, the step-daughter, or the wiues daughter by another husbād, or husbāds daughter by a former wife. The fourteenth, is the step-sonnes daughter, that is, his daughter who was the wiues sonne by p. 51 another husbād. The fifteenth, the step-daughters daughter. The sixteenth, is the wiues sister. And not only these, but all other answerable to them, either in the same or like degree, are by equall proportion forbidden to be had in mariage.

It is alledged, that the prohibitions mentioned in that chapter, are meerely Mosaicall, that is, Ceremoniall, and therefore doe not bind vs now in the new Testament.

Answ. It is a flat vntruth; as shall appeare by these reasons.

First, the Cananites long before these lawes were giuen by Moses to the Israelites, were grieuously afflicted for the breach and contempt of the same, as may bee gathered by that which is written in the same chapter of Leuiticus,⁴³ vers. 3. According to the workes of the land of Canaan, yee shall not do, neither walke in their ordinances. And vers. 24. You shall not defile your selues in any of these things: for in all these the nations are defiled, which I will cast out before you. vers. 25. And the land is defiled; therefore I will visite the wickednes p. 52 thereof vpon it, and the land shall vomit out her inhabitants.

1. 43. Chap. 18.

Secondly, the Prophets themselues after Moses, are wont to account these prohibitions not Ceremonial, but Morall. Ezech. 22. 10. In thee, haue they discouered their fathers shame; in thee haue they vexed her, that was polluted in her flowers. Amos 2. 7. A man and his father will go in to a maid, to prophane the name of my holinesse.

Thirdly, the same lawes are also vrged in the new Testament, wherin Legal Ceremonies were determined, and had their end. Mark. 6. 18. Iohn said to Herod, It is not lawfull for thee to haue thy brothers wife. 1. Cor. 5. 1. It is heard certainly, that there is Fornication among you, and such Fornication, as is not once named among the Gentiles, that one should haue his fathers wife.

Fourthly, Nature it selfe by proper instinct, abhorreth such kind of coniunctions, & the prohibitions of them, haue sufficient ground, euen from her principles. For to this purpose it is, that not only the lawes of the Romane Emperours, p. 53 but also the ciuill Canons and constitutions of men, very skilfull in that kind, haue in all ages expresly bin made against such persons, as haue offended in those societies forbidden by the law of Moses.

Fiftly, The Lord himselfe hath denounced many and great punishments to be inflicted vpon the breach of the same lawes. Leuit. 20. 11. The man that lieth with his fathers wife, because hee hath vncouered his fathers shame, they shall both die; their blood shal be vpon them. vers. 12. The man that lieth with his daughter in law, they both shall die the death; they haue wrought abomination; their blood shall bee vpon them. vers. 14. He that takes a wife and her mother, committeth wickednesse; they shall burne him and them with fire. vers. 16. The man that taketh his sister, his fathers daughter, or his mothers daughter, and seeth her shame, and she seeth his shame; it is villanie: therefore they shall be cut off in the sight of their people. vers. 20. The man that lieth with his fathers brothers wife, and vncouereth his vncles shame, they shall beare their iniquitie, & shall die childlesse. p. 54 Deut. 23. 2. A bastard shall not enter into the congregation of the Lord, euen to his tenth generation. Deut. 27. 20. Cursed be he that lieth with his fathers wife.

The third essential Signe of a person mariageable, is abilitie and fitnesse for procreation. And this in an holy and modest sort is alwaies supposed to bee in the partie contracted, vnlesse the cōtrarie be manifestly knowne, & discerned by some apparent infirmitie in the bodie.

Hence I gather, that it is vnlawful to make a contract with such a person, as is vnfit for the vse of mariage, either by naturall constitution of bodie, or by accident. For example; in regard of sicknesse, or of frigiditie, or of the palsie vncurable, or lastly of the depriuation of the parts belonging to generation. These and such like impediments are of force, though a contract should alreadie be made, yet to make it a meere nullitie, considering that God maketh knowne his will in them, that hee approoueth not of such espousals, but would haue them to be dissolued.

p. 55 Againe, that which is made betweene two persons that are⁴⁴ vnder age, is to bee holden and accounted as vnlawfull. And though it should be done by consent, or cōmandement of Parents, yet it is of no moment. This alwaies remembred; except it bee ratified by a new consent of the parties after they be come to age; or that they in the meane time haue had priuate and carnall copulation one with another.

1. 44. Impuberes.

Againe, put the case two be espoused, whereof the one is vnder age, the other of full age; the partie that is of full age, ought to tarrie and expect the time, wherein the issue of the espousals formerly made, may bee manifested. And the vnder-aged may not break off consent, either before, or when they be come to perfect yeares, but must rest in expectation of the accomplishment of the contract, when hee or she shall be out of their minoritie.

The fourth essential Signe, is a sound and healthfull constitution of bodie, free from diseases incurablie contagious. p. 54 p. 55

p. 56 Whereupon it followeth, that a promise of mariage made betweene those, whereof the one hath a disease so lothsome, as that the other vpon good ground cannot possiblie endure familiar societie and companie with him; though it do not wholly hinder the vse of the bodie, is vtterly vnlawfull.

Of this sort is the Leprosie, the Frēch poxe and such like. For seeing there cannot be any matrimonial vse of them that are tainted with such contagious diseases, without apparent danger of infecting each other, and those also, which haue societie with them, and others; yea and by this meanes the issue of their bodies, growing of a corrupted seed, are euen borne to perpetual miserie, and to the great hurt and hinderance of the Common-wealth; the case is plaine, that such mariages cannot be vndertaken with good conscience.

Now if the one party haue a disease, though not contagious, yet either incurable, or so⁴⁵ lothsome, as the other hath iust cause to abhor his companie; for example, if he be sicke of a Lethargie, p. 57 of the falling sicknes, or such like diseases; then, though it be lawfull to match with him, because such a contract is not expressely forbidden, neither is it apparantly hurtfull to the Cōmon-wealth, yet is it not expedient, because the disease being lothsome to the sound partie, the mariage also will become vnprofitable, and the partie in danger of breaking the commandemēt of the Morall law, wherein God forbiddeth to commit adulterie.

1. 45. Turpi.

The fifth essentiall Signe of a person mariageable, is freedome from mariage; whereby both the parties which enter contract, are so at libertie, that neither the man hath in present another wife, or is promised to another; nor the woman hath another husband, or is promised to another. The reason is, because God himselfe esteemeth that mariage only lawfull, wherein one man is ioyned to one woman, and they both into one flesh; & consequently iudgeth it vnlawfull, as for one man to haue more wiues; so for one woman at the same time to haue more husbands.

p. 58 Hence it followeth, that it is against the law of God, and the first institution of mariage, that a contract should bee made betweene such persons, whereof the one is formerly betrothed to another. For so long as the first promise stands in force, the man can no more be betrothed to two women, then he may be the husband of two wiues; because the spouse by the bond of her promise to the man, becomes a wife; and the man by the bond of his promise to the woman, becomes an husband, Deut. 22. 23. 24.

Againe, there can bee no sure-making, and consequently no mariage with such a one, as either hath been diuorced without a sufficient cause, or hath wrongfully forsaken and reiected a lawfull mate before. To this purpose saith our Sauiour Christ, Matth. 19. 9. I say vnto you, that whosoeuer shall put away his wife, except it be for whoredome, & marieth another, committeth adulterie; and whosoeuer marrieth her which is diuorced, committeth adulterie. And Saint Paul, 1. Cor. 7. 11. But & if she depart, let her remaine p. 59 vnmarried, or be reconciled vnto her husband, and let not the husband put away his wife.

Hitherto I haue treated of essentiall markes, which belong to the being of mariage. Now I come to those that are accidentall.

An accidentall marke of a person fit for mariage, is that, which belongeth not to the being, but to the well being, that is, to the holines and puritie of that estate. And of this sort, there be three that are the principall.

The first is paritie or equality, in regard of Christian religion; For in mariage, there is a speciall care to be had, that belieuers be matched with belieuers, and Christians with Christians; not belieuers with Infidels, or Christians with Pagans. For the former sort are only and alwaies to be made and kept, and the latter to be auoided, yea inhibited by positiue lawes and constitutions, the breach whereof in such cases is seuerely to be punished. The neglect of this point was one principall cause of the destructiō of the old world p. 60 by the floud. Gen. 6. 2. The sons of God saw the daughters of men, that they were faire, and they tooke them wiues of all that they liked. Abraham obserued it in the mariage of Isaac his sonne, and for that purpose tooke an oath of his seruant. Gen. 24. 3. I will make thee sweare by the Lord God of heauen, and God of the earth, that thou shalt not take a wife vnto my son, of the daughters of the Cananites among whom I dwell. And in imitation of that holy example, Isaac also giues a charge vnto Iacob his son, that he should not take a wife of the daughters of Canaan, Gen. 28. 1. Afterward there was an expresse law of God giuen by Moses, touching the Gentiles that liued in that land. Exod. 34. 15. Beware that thou make not a couenant with the inhabitants of the land, &c. vers. 16. And take of their daughters vnto thy sonnes, and their daughters go a whoring after their gods; and make thy sonnes goe a whoring after their gods. And the same law was vrged by Ezra the Priest in his time. Ezra 10. 11. Separate your selues from the people of the land, and from the strange wiues. Lastly, S. Paul p. 61 exhorteth the Corinthiās, 2. Cor. 6. 14. Be not vnequally yoked with the Infidels. And Titus 3. 10. Reiect him that is an heretike, after once or twice admonition.

But suppose it falleth out, that the espousals be past, and that both parties at the first were belieuers, or one of thē only; or that at first both were vnbelieuers, and yet afterward one of them is conuerted to the faith; or further, admit that both were belieuers at the contract, yet within some time after, the one becomes an Infidell, that is to say, a Iew, a Turke, or an obstinate Heretike, that denies the faith, and razeth euen the very foundation of Religion; in this case what is to be done? Surely euē such espousals once made and ended, if there be no other impediments but these, are to stand & continue firme and vnchangeable; so long as the vnbelieuing partie doth willingly yeeld, and submit him or her selfe to the performance of mariage duties, properly belonging to man and wife. My reason is, the speech of Paul, who saith; If any brother haue a wife, that beleeueth not, if p. 60 p. 61 p. 60 p. 61 p. 62 she be content to dwell with him, let him not forsake her. Againe, The woman which hath an husband that belieueth not, if he be content to dwell with her, let her not forsake him, 1. Cor. 7. 12. 13.

If it be heere alledged, that the sin of adulterie dissolues the bond both of contract and mariage, and therefore much more doth idolatrie or infidelity, which is a sinne farre more detestable then adulterie: I answere, that the questiō is not, whether of these is the greater sin, or more hainous in the sight of God; for Infidelitie in both respects far exceedeth the other; but whether of them is more repugnant to the nature and condition of wedlocke. Now the sinne of adulterie is that alone, which breakes the bond, and renounceth the troth plighted in mariage, and is the proper cause of a diuorce, and not Idolatrie or Infidelitie.

The second note, is parity or equalitie in regard of age and condition.

First of Age; because though the mariage of persons, whose yeares are farre vnequall, is not expresly forbidden in p. 63 the word; yet is it agreeable to the rules of expediencie and decencie, that the aged should match with the aged, the yonger with the yonger.

Reasons are these. First, because the comforts of this societie in likelihood will by this meanes alwaies be equall, and consequently bring the more contentment to either partie. Secondly, these vnequall mariages are often times offensiue to others. Thirdly, they cannot but in some cases proue offensiue euen to themselues. For when a man of great yeares matcheth with a woman very yong, or a yong stripling marrieth an aged woman; the elder partie growing weake and impotent, may the sooner come to be vnfit for mariage duties; and the yonger being of greater strēgth and abilitie,, the more in danger of being exposed to incontinencie, and that in the highest degree, vnlesse he be restrained by Gods speciall grace. For this cause it was a great fault, wherewith one Apuleius was iustly charged, that being but a very yong man, he was married to a wife of 60. yeares of age.

p. 64 Secondly, of condition and estate. For this also is answerable vnto the Apostles rule, who exhorteth men to thinke of, and to do those things which are true, iust, commendable, and of good report, Philip. 4. 8. Thus it is a seemely and commendable practise, that, the Prince, the Noble man, the free-man, the gentleman, the yeoman, &c. should be ioyned in societie with them, that are of the same or like condition with themselues, and not otherwise. For this cause are the auncient Romans greatly to be commended, who (as we reade in their stories) had such a carefull respect of their mariages in this behalfe, that they made lawes and constitutions for the restraining of inequalitie of worldly estate in such societies, by this meanes preuenting much confusion and disturbance in families, and other orders of men. Whereunto agrees that of Tertullian,⁴⁶ who saith, That if a free woman had affianced her selfe to him that was a bond-man to another, and being thrice admonished thereof, by him that had authoritie ouer her, did notwithstanding perseuere p. 65 in her purpose; she should, according to the law, lose her freedome.

1. 46. Tertul. ad vxor. li. 2.

The third note is publike honestie and credit, whereby the contract made becomes a matter of good report, well thought and spoken of abroad. Whatsoeuer things are of good report, thinke on them. Philip. 4. 8. From hence I gather,

I. That it is an vnseemely thing for a mā to make promise of mariage to such a woman, as hath bin formerly deflowred, or hath and is, or may beconuinced of adulterie & vncleannes. Nay I adde further, that a cōtract made with such a one, as himself hath before deflowred, is by the law of God vnlawfull. For the adulterer and the adulteresse, by diuine law should be put to death, and be cut off from humane societie, Leuit. 20. 10.

II. It is altogether inexpedient, that a woman should be married to such a man, as hath a Concubine, vnlesse hee formerly renounce her, and testifie the same by true and vnfeined repentance. The reason is plaine. Such a mariage cannot be vndertaken in the Lord. And the partie himselfe, being before polluted p. 66 with his Concubine, becomes now by mariage to another, an adulterer; and she that is maried vnto him, by this her act yeelds consent vnto his adulterie.

III. That no man professing Christian religion, much lesse a Minister of the word, ought to take to himselfe in mariage a harlot, a defamed woman, or one that comes of infamous parents, though she be repentant. Leuit. 21. 7. The Priest shall not take to wife one that is a whore, or prophaned, that is to say, which hath an euill name, or comes of ignominious parents. Which law, though it was in part Ceremonial and Leuitical, and so far forth abrogate; yet hauing in it some Moralitie, in as much as the reason therof (to wit, because it is reprochfull to a Christian, but specially to a Minister) is still in force, it is to be holden perpetuall. For Christian profession, and the Ecclesiasticall Ministrie is principally to be respected, and whatsoeuer may preiudice the dignitie and credit thereof, to be auoided.

Obiect. 1. The Prophet Hosea was p. 67 commanded to take vnto him a wife of fornication, that is, an harlot, Hosea 1. 2. Answ. Hosea did it not in deed, but in type and resemblance. For God commanded him in his prophecie, to take vpon him (as it were) the person of a fornicator, that by this meanes hee might the more effectually charge and cōuince the Israelites of their vncleane and vnchast conuersation.

Obiect. 2. The Lord also forbiddeth the Priest to marrie a widow, Leuit. 21. 14. it may seeme therefore vnexpedient for a Minister so to do. Answ. The law concerning the mariage of a virgin, and not a widow, was not enioyned to all Priests, but only to the chiefe Priest, Leuit. 21. 10. And hee also might marrie a widow, but such a one only, as had bin the widow of a Priest, and not any other, Ezech. 44. 22. Now this was commanded them vpon speciall consideration. For the High Priest was a type of Christ, and Christ was in time to come to call his Church, the elect, among the Gentiles, and to marrie them as a virgin espoused vnto himselfe. Yea he was also p. 68 to marrie his Church as a widow, but the widow of a Priest only, because he was to gather to himselfe the remnant of the Church of the Iewes; howbeit not all of them, but such only as came of the holy Fathers, and were Israelites, not according to the flesh, but according to the promise.

IV. That it is not meete for a man to be contracted to the sister of her that is alreadie affianced vnto him.

And so much of the first point, required to the making of a contract, namely, the choice of a person fit for mariage.