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INCESTUOUS MARRIAGES, OR, Relations of Consanguinity and Affinity hindering and dissolving Marriage, as making all Marriages within such Relations to be Incestuous, and all Children begotten of such Marriages to be Illegitimate, or Bastards to all intents and purposes.
I. CONSANGVINITY.
COnsanguinity, Kindred, or Blood, hinders and dissolves Marriage between three; or (taking two of them double) five Relations.
1. Where one of the persons is descended from the other, that is, Parents and Children, viz.
- Father and Daughter.
- Mother and Sonne.
2. Where both persons are descended immediately from a third, that is,—Brother and Sister.
3. Where one of the persons is descended from the Brother or Sister of the other: For these are Loco Parentum & Liberorum, in place of Parents and Children, viz.—
- Vncle and Neece.
- Aunt and Nephew.
Hence, by reason of Consanguinity, no Man may marry his own Mother, Daughter, Sister, Aunt, or Neece. And, by the same reason, no Woman may marry her own Father, Son, Brother, Vncle, or Nephew.
II. AFFINITY,
AFfinity depends upon Consanguinity, and so in like manner hinders and dissolves Marriage, viz.
In what Relation a Man may not marry his own Kinswoman, in the same he may not marry his Wifes Kinswoman, or his Kinsmans Wife. And by the same reason,
In what Relation a Woman may not marry her own Kinsman, in the same she may not marry her Husbands Kinsman, or her Kinswomans Husband. The reason of both is, because Husband and Wife are one Flesh, Gen. 2. 24.
Hence, by reason of Affinity, no Man may marry his Wifes Mother, or his Fathers Wife: his Wifes Daughter, or his Sonnes Wife: his Wifes Sister, or his Brothers Wife: his Wifes Aunt, or his Vncles Wife: his Wifes Neece, or his Nephews Wife.
And by the same reason, no Woman may marry her Husbands Father, or her Mothers Husband: her Husbands Sonne, or her Daughters Husband: her Husbands Brother, or her Sisters Husband: her Husbands Vncle, or her Aunts Husband: her Hus∣bands Nephew, or her Neeces Husband.
Where 1. Under the names of Father, Mother, Sonne, Daughter, Vncle, Aunt, Nephew, and Neece, are comprehended and un∣derstood, not onely they who are such in the immediate or next Degree, but also they who are such in any Degree whatsoever: that is to say, Grand-father, Grand-mother, Grand-sonne, Grand-daughter, Great Vncle, Great Aunt, Great Ne∣phew, Great Neece, &c. upward and downward in infinitum.
2. Under the names of Brother, Sister, Vncle, Aunt, Nephew and Neece, are comprehended and understood, not onely they who are such by whole Blood, that is, both by Father and Mother, but also they who are such by half-blood, that is, either by Father or Mother.
All these Prohibitions are briefly set forth to the Eye in this following Table.
| CONSANGVINITY. | AFFINITY. | |
A
No Man may
marry his own
| C
No Man may
marry his Wifes
| E
No Man may
marry the Wife
of his
|
B
No Woman
may marry her
own
| D
No Woman may
marry her Hus∣bands
| F
No Woman may
marry the Hus∣band
of her
|
All these Relations of Consanguinity and Affinity are prohibited Marriage
1. By the Leviticall Law, or Law of God, either in expresse terms, or (which is all one) by divers necessary consequences, from likeness, parity, or majority of Reason: which is as much as a man is forbidden to marry his own Grand-mother, or his own Daughter. For neither of these is there forbidden in express terms, but both evidently by divers necessary Consequences.
2. By the Civil or Imperiall Law, in divers express Texts of the Digest, Code, and Institutes.
3. By the Canon Law.
4. By the Ecclesiasticall Lawes of the Church of England in all Ages: Particularly, since the Reformation, in the Table set forth by Authority, 1563. confirmed and commanded to be set up in all Churches by the 99th Canon 1603.
5. By severall Statutes or Acts of Parliament in this case provided: Particularly, by that very Statute 32 H. 8. Cap. 38. which is the onely Statute objected against us; and by that very Clause of that Statute, which is chiefly insisted upon, viz. [That no reservation or prohibition, Gods Law except, shall trouble or impeach any Marriage Without the Levitical Degrees.] Which plainly imports, that all Marriages Within the Leviticall Degrees (as all these are) shall be troubled and impeached, though there were no exception against them by any other Law of God.
6. By the Lawes of all other Churches in the Christian World, of what Countrey, Government, or Perswasion in Religion soever they be.
Lastly, whereas this whole Table consists of 30 Prohibitions, distinguished into six Classes by A. B. for Consanguinity, C. D. E. F. for Affinity, and every Class into five Prohibitions, by 1. 2. 3. 4. 5. They are so ordered and disposed, that they mutual∣ly explain and inferr one another above 100 wayes: So that grant any one of them, and grant all; Deny one, and deny all.