The holie Bible faithfully translated into English, out of the authentical Latin. Diligently conferred with the Hebrew, Greeke, and other editions in diuers languages. With arguments of the bookes, and chapters: annotations. tables: and other helpes ... By the English College of Doway

ANNOTATIONS. CHAP. XVIII.

6 Next of his bloud.] Mariage is forbid first and most strictly by the law of nature, in al degrees in the right line ascending and decending, both in con∣sanguinitie and affinitie. S. Paul testifying that among the heat hen, no man could haue his fathers vvise. And in the right line God him selfe (who onlie can) neuer dispensed. Secondarily, the first collateral degree in consanguinitie, that is, betwen brother and sister, by one parent, or by both, is also vnlawful by the law of nature, except in the beginning of the world, when Adams children must nedes marie together, God so ordayning that al mankind should be pro∣pagated by one man (for of him also the first woman was made) but after this beginning it was neuer allowed, nor perhaps can be dispensed withal, at least neuer was by anie man. Though Beza (li. de repudijs & diuo••tijs) and some En∣glish Bezites charge Pope Martin the fifth, to haue dispensed with one, that had maried his owne natural sister: which is a false reporte. For it was with one, who hauing committed fornication with one sister, afterwardes ma∣ried the other, from whom he could not be separated without great scandal, the pretended mariage being publike, and the impediment secrete: as S. Anto∣ninus writeth. par. 3. sum. Theol. tit. 1. c. 11. But besides the right line, and the first collateral degree in consanguinitie, no other collateral degrees are pro∣hibited by the law of nature, but by positiue only. So this present law, written by Moyses, forbade to marie in the first collateral degree of affinitie, but the same law commanded (Deut. 25.) that in case a maried man died without issue, his brother should marie the widow. VVherby is clere that this degree, and others more remote, were not prohibited by the law of nature. For then

God would not haue made a contrarie general law, in anie case, for the whole nation of the Iewes, his people; and that vnder penaltie to be obserued, which is contrarie to the qualitie of indulgence or dispensation, and no such necessitie, as in the beginning of the world. VVherfore al protestants that say, the whole law written by Moyses concerning degrees of consanguinitie and affinitie, is the law of nature, and so pertaineth to Christians, must necessarily say also, that if now a maried man die without issue, his brother must marie his wife. VVhich specially they denie. It is also proued that this and some o∣ther degrees expressed in this place, were not against the law of nature (which is common to al nations, commonly or easely knowne to al men by discourse of reason) because no common wealth among the Gentiles did punish, nor modest men forbeare, or reprehend such mariages: as appeareth by Laban, who after he had deceiued Iacob by geuing him one sister for an other, offered him also the former promised, whom without difficultie of conscience he ac∣cepted (Gen. 29.) neither did that holie Patriareh thinke it vnlauful to keepe them both. And when Iudas matched his second sonne, and promised the third to the wife of his first sonne, he did it according to the custome of that place & time. Gen. 38. And Noemi spoke according to the same custome. Ruth. 1. v. 11. Againe where this law forbiddeth a man to marie, or companie with his wiues sister, it addeth, vvhiles she is liuing, not prohibiting mariage, when his first wife is dead. Yet his wiues sister is as nere in affinitie, as his brothers wife. Likewise the diuersitie of punishments (chap. 20.) for transgression of this law, either in the right line, or in the first collateral degree of consanguinitie, who were punished by death; and for transgressing in the first collateral degree of affinitie, or in the second either of consanguinitie or affinitie, who had lesse punishments, sheweth that the former degrees are prohibited by the law of nature, and not the other: for then the violation should be like sinne, and pu∣nished alike. Finally it is euident, that certaine of these degrees are not against the law of nature, by the example of holie Abraham, who in, and according, to the law of nature, maried his brothers daughter called Sarai, otherwise Iescha, Gen. 11. which mariage God approued by manie blessings. Also Iacob maried two sisters together. Two sonnes of Iudas maried the same woman successiuely. And Amram (Moyses father) maried his aunt, his fathers sister. Exod. 6. v. 20. Num. 26. v. 59. VVherfore seing neither the first collateral degree in affinitie, nor the second collateral in consanguinitie or affinitie, is forbid by the law of nature but by positiue only, and that both ceremonial and iudicial lawes of the old Testament ceassed in the New, and are abrogated by Christ, it resteth proued that the same bind not Christians, but as they are re∣newed and established by the Church, or Christian commonwelthes. And as this is donne in temporal causes by temporal States, partly by renewing and establishing the same, which was in the law of Moyses, as by punishing wilful murder by death; Exod. 21. v. 12. partly with alteration, as by punishing theift in some countries with death, but not adultrie, which were contrarie in the old Testament, Gen. 38. v. 24. 44. 17. Exod. 22. v. 1. Leuit. 20. v. 10: in like sorte the Church of Christ ordaineth lawes, altereth, & vpon iust occasions dispenceth, in al degrees of consanguinitie and affinitie, not forbid by the law of nature

Notes

• Mariage for∣bid in al de∣grees in the right line, by the law of na∣ture. Secondarily in the first colla∣teral degree of cōsanguinitie.
• 1. Cor. ••. v. 1.
• Act. 17. v. 26. ••. Aug. de bono cō∣i••g. c. 1.
• Beza belieth Pope Martin.
• Al other de∣grees depend on positiue lawes: which haue bene & may be altered Proued by Scriptures, and reasons.
• First proofe.
• 2 proofe.
• Aristot. li. 2. Pol.
• 3 proofe.
• 4 proofe.
• 5 proofe.
• S. ••••ero. quest. Heb. in Gen.
• Ceremonial & iudicial lawes of Moyses are abrogated by Christ.
• And new are establshed.