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THe degrees are either of consanguinitie, which is of diuers persons com∣ming of the same stock and blood: or of affinitie, which ariseth of mariage, as when the kinsmen of either partie that is maried, are by mariage allied to the other, though not of his blood, as Laban the brother of Rebecca was allied by mariage, as also by blood vnto Isaac, though not so neerely.
In both these kindes of kindred there is a right line both vpward and ascen∣ding: as in consanguinitie, the Father or Mother, Grandfather, Grandmother, and so forth: in affinitie, the Father in law, and mother in law, the stepfather, or stepmother: as also descending, as the sonne, the sonnes sonne, the sonne in law, or daughter in law, and their sonnes and daughters. There is also a col∣laterall line in consanguinitie, as brother and sister, brother and sisters chil∣dren, vncle or aunt: in affinitie, the brothers wife, sisters husband, the vncles wife, or aunts husband. Now our aduersaries set downe these rules to know the degrees by.
[error 32] 1 IN the right line there are so many degrees as persons,
Answer. We see no reason, why the first should be left out: for looke how many generations, so many degrees: But euery person is a generation: And this is the manner of account in scripture: as Math. 1. there are 14. generati∣ons reckoned from Abraham, whereof Abraham maketh one, Iudg. 14. Enoch the seuenth from Adam, Adam being the first himselfe in that number: Thus the scripture numbreth inclusiue, not exclusiue, inclusiuely comprehending also the number, from whom the account beginneth: And thus Abraham must be counted the first degree, and Iacob, not in the second but the third from him.
[error 33] 2 IN the collaterall line, if the parties bee equally distant from the roote or stock of the generation, looke how many degrees distant they are from the stock, so is the distance betwene themselues:
Answ. NEither doe we allow this rule: but rather follow the account of the ciuill law, which in the collaterall line maketh so many degrees as persons, excepting the stock, which is not to bee counted in collaterall de∣grees, because we begin not to number there. Wherefore according to the rule afore sayd, how many generations, so many degrees. According then to the ac∣count of the ciuill law, which we here follow, Iacob and Rachel are not in the se∣cond, but the fourth degree each from other: Rachel, 1. Laban, 2. Rebecca, 3. Iacob, 4. For in collateral degrees, we count not the distance from the roote or stocke, but the mutuall distance from themselues.
And by this reason, if Cosin germanes be but in the second degree, there should be no degree beyond the second forbidden, Leuit. 18. for there is no de∣gree forbidden beyond this: neither is this by name and directly forbidden.
3. THeir third rule is this: In collaterall degrees vne∣quall,
Ans. NEither is this rule perfect: for by this reason, he that is indeed a degree further off, shall be in the same degree: for if the vncle and the nephew be remoued but the second degree, and Cosin germanes are but distant in the second degree, as they say, the vncles sonne shall be in the same degree with his cosin, as his father is, which is not to be admitted.
Wherefore in collaterals we preferre the Ciuill account of degrees: that is, so many persons, the stocke of the kinred excepted, so many degrees. These then are the rules of marriage.
1. In the right line ascending and descending, all degrees are forbidden.
2. In collateral consanguinitie the prohibition reacheth to the third degree: as it is not lawfull to marrie the vncle, or the Aunt, who are in the third degree from their nephew.
3. In collateral affinitie the prohibition is extended to the fourth degree: for affinitie is alwaies a degree beyond that consanguinitie, by the which it com∣meth in: as it is vnlawfull to marrie the vncles wife, Leuit. 18.14. which is in the fourth degree from her nephew, being one degree beyond her husband, who is the vncle in the third degree. And this is to be obserued, that there is no affinitie in the first or second degree, but the neerest is in the third: as the wiues or hus∣bands father, brother, or daughter, which are all in the third degree: the hus∣band is in the first, the wife the second, and they in the third.