The common places of the most famous and renowmed diuine Doctor Peter Martyr diuided into foure principall parts: with a large addition of manie theologicall and necessarie discourses, some neuer extant before. Translated and partlie gathered by Anthonie Marten, one of the sewers of hir Maiesties most honourable chamber.

Of Degrees forbidden to make con∣tract in marriage.

40 This séemeth first to be agréed vpon, * 1.1 that in the 18. and 20. chapters of Leuiticus, are not rehearsed all persons or degrées, in whom mar∣riages 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 con∣cerning 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 daugh∣ter: when as all men confesse, that those mar∣riages be most incestuous. So as it is to be thought, that in that place are set foorth by the ho∣lie Ghost certeine degrées prohibited: and those not manie but yet such, that by them (as by cer∣teine exquisite and manifest rules) we may iudge of the like. Wherefore we must thinke, that whatsoeuer is spoken as touching the mo∣ther, is also commanded as touching the grand∣father, 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 haue by the same space or distance, relation one to another. So that I am of this mind, that I thinke the prohibitions mentio∣ned in the lawe, are therefore set foorth, that by them we might euidentlie vnderstand, what is méet to doo in the like degrées.

* 1.2 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 vnto me he séemeth to doo farre woorsse, which marrieth his grand∣mother, 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; name∣lie, that the Iewes at this daie are most dili∣gent in obseruing of their outward lawes. For me thinketh I should doo well, in not giuing to them more dignitie or religion than to Christi∣ans. Wherefore, as it is manifest enough, that we haue for mens traditions, straied verie much from the right obseruation of the com∣mandements of GOD, and also from the right knowledge of the scriptures: so is it also likelie that the same hath happened to the Iewes, espe∣ciallie in this our age. So as I am not iniuri∣ous against them, when I will not yéeld more vnto them, than vnto our selues.

* 1.3 Neuerthelesse, I will not let to declare, that their Rabbins haue added to the degrées forbid∣den in the lawe, manie more as well in descen∣ding as ascending: which thing I vnderstand the great learned man Paulus Phagius hath de∣clared in his annotations on Leuiticus. Nei∣ther can I be persuaded, that they were added by them for anie other cause; but onelie for that they thought that those degrées were compre∣hended in the degrées expressed by God. Wher∣fore that (as I thinke) will not be sufficient for iudging of lawfull marriages, if the degrée, wherein they are contracted, shall not by mani∣fest 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 per∣uerting of order, although (as I haue said before) I will not vtterlie reiect the same.

41 Some man peraduenture will saie; What matter is it for vs of this age, either to knowe or to marke those precepts, which are con∣teined 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 marri∣ages, 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; * 1.4 Take heed therefore that ye defile not your selues with whooredoms, and such incests, as the Gentils haue doone, whom I haue driuen out of those lands, which I haue now giuen vnto you: for seeing those nations haue beene pollu∣ted with so greeuous wicked acts, I haue there∣fore so destroied them, and will doo the like vnto 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 Mo∣ses, neither were citizens of the publike weale of the Israelits, could not by that lawe be condem∣ned; bicause they obeied not the lawes of the Hebrues. They were subiect onelie to the lawe, which is called morall. Séeing then God re∣proueth them for that cause, that they were so de∣filed with such filthie lusts and incests, and affir∣meth, 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 ob∣serue.

Neuerthelesse, it séemeth at the first sight to be against this doctrine, * 1.5 in that Abraham (a man otherwise most holie) is thought to haue marri∣ed his brothers daughter; namelie, Sara. Amram had also Iochabed his aunt to wife, of whom he begat Moses, Aaron, and Marie. And it séemeth, * 1.6 that so godlie and holie men would not haue doone this, if the morall lawe (as we haue said) had béene against it. To this we answer: first, * 1.7 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 fa∣thers, 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, * 1.8 that Sara was not the daughter of Abrahams brother, but of kin some other waie. And there∣fore she might be called his sister, after the anci∣ent maner of speaking; as though she were of some kindred vnto him, but yet not so néere of kinne, but that they might marrie togither. And in like maner they saie of the kindred of Am∣ram and Iochabed. Howbeit, I will omit these things, séeing the whole matter may be made plaine by these two kind of answers before

alledged.

* 1.9 42 It might also be demanded, that if the pre∣cepts of matrimonies be morall, and doo apper∣teine 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 dai∣lie more and more defaced in the harts of men. Which dooth manifestlie appéere, * 1.10 not onelie in these, but also in the tenne commandements: where it is commanded, that men should ab∣steine 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, * 1.11 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 Ioui∣nian, 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 contrac∣ted 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 mar∣rie 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 Persi∣ans to doo whatsoeuer himselfe lusted. Surelie they answered well in the first part of their an∣swer, but in the latter part they most shameful∣lie flattered the tyrant. Howbeit, the things, which be written by this historiographer (though sometimes fabulous) and those that Ierom brin∣geth, varie not. For the common sort, being now corrupted with shamefull and wicked custome, contracted such matrimonies: howbeit, the wi∣ser sort, in whom the lawe of nature did shine, perceiued that those matrimonies were not lawfull; although, being ouercome with coue∣tousnesse, they would not forbeare them. Whom Paule to the Romans hath sharpelie reprooued, saieng; * 1.12 Which men, notwithstanding that they knowe the righteousnesse of God, they not one∣lie doo such things, but also they consent vnto 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 excée∣ding great horror. Yea and they themselues, which haue committed such things in the heate of their lust, séeme to detest those whom they haue defiled.

The poets make mention of Cynara and Myrrha his daughter, * 1.13 with whom hir father per∣ceiuing that he had vnwares kept vnlawfull companie, he so hated hir, that he persecuted hir, all that euer he might. * 1.14 Amnon began so to hate his sister, whom he had dishonested, that he com∣manded hir to be violentlie thrust out of his sight. * 1.15 Thou shalt also neuer in a maner find (if thou looke into histories) that incestuous marri∣ages, 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) haue plainlie set foorth. Antonius Caracalla, * 1.16 who married his stepmother; and Nero, that com∣mitted abhomination with his mother, not on∣lie 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; * 1.17 séeing that they were earnestlie forbidden by the Romane lawes, which were counted among the most ex∣cellent 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 haue 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 Ro∣mans. Howbeit, we must vnderstand, that there were certeine persons prohibited by the laws of the Romans, whereof Gods laws made no men∣tion; 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 pe∣culiar, bicause it séemeth to be a thing priuate vnto 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; * 1.18 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 marri∣age: 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 ob∣serued. * 1.19 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. Al∣so 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 Pre∣tor, Proconsull, or President in a prouince, ha∣uing 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; bi∣cause he would gratifie his kinsfolks more than others. Lastlie, it should not be frée for them to haue 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.

* 1.20 We sée also this excellent lawe violated. For Felix, which gouerned Iurie vnder Nero, (as it is written in the 24. chapter of the Acts of the apo∣stles) 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, * 1.21 a certeine wicked woman, was so inflamed with wicked lust, that she instigated hir sonne in lawe Aurius Melinus, * 1.22 (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 matrimo∣nie (which Cicero affirmeth was vnluckilie con∣tracted without order or authoritie) was dissol∣ued by the power and commandement of the magistrates. Wherefore, there is héere also offe∣red a good reason, whie God would againe incul∣cate 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 vnto them by the lawe of nature, but the Hebrues onelie. For he would not haue them to contract matrimonie with the Chanaanits, * 1.23 Ammorhites, Iebusits, &c; for other people séeme not to haue 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 hol∣den: which cause is, * 1.24 that matrimonies should not be contracted with them that be of a con∣trarie religion; for we must beware, that the godlie be not ioined with the wicked. I knowe that Augustine, concerning vnlawfull maria∣ges, 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 ex∣presse words, matrimonies with infidels are forbidden. But of this matter I will not write much at this present, séeing I haue largelie in∣treated thereof vpon the epistle to the Corinthi∣ans. 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 magi∣strate: otherwise he shall rashlie put foorth him∣selfe, 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 be∣gotten, shall be taken for bastards. Howbeit, the magistrate, although he may not, concer∣ning matrimonie, forbid certeine other con∣tracts, 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, * 1.25 in that he durst v∣surpe the office of making lawes in a Com∣mon wealth; which vndoubtedlie perteineth not vnto him. Secondlie, bicause in his lawes he followed not the word of God; but without rea∣son forbad first all degrées, euen to the seuenth, which he perceiuing afterward not to be obser∣ued, and that all things were full of confusion, he restrained his prohibitious to the fourth de∣grée. Wherein he is constant and obstinate, if

there come no monie in: but if monie be offered (whereof he must haue 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. * 1.26 And that was, that when anie husband did die without children, the brother that remai∣ned aliue, * 1.27 or some other next of kin, should mar∣rie hir that was left: so that the first, which shuld be procreated of that marriage, should be coun∣ted 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 no∣thing apperteine vnto vs. Wherefore we must kéepe our selues vnder the generall and com∣mon lawe; namelie, that no man presume to marrie the wife of his brother being dead, al∣though he died without children.

And be it knowne vnto vs, that in the begin∣ning, 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, af∣terward, when as men were increased in num∣ber, they began to be ashamed, and by the in∣stinction of God, or nature, either to absteine from prohibited persons, or at the least-wise to knowe that such coniunctions were full of igno∣minie. But what time they began first to ab∣steine, it appéereth not by the historie. The hea∣then poets perhaps shewed that necessitie of them in old time, which vrged the familie of the first parents to match the brother and sister to∣gither, when they feine, that their gods had their sisters to wiues. * 1.28 For the chéefe of them; name∣lie, 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.

* 1.29 46 And though the word of God, and the in∣stinct of nature, should be sufficient of it selfe to make vs absteine from the foresaid coniuncti∣ons; * 1.30 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. * 1.31 Which reason also Cice∣ro made in his fift booke De finibus; * 1.32 and Plu∣tarch in his 108. probleme. And séeing both these men were Ethniks, they could not per∣ceiue 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 togi∣ther in one house. So if they should haue 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, * 1.33 hath shew∣ed two other reasons, besides these, which wée haue brought. One is, * 1.34 that betwéene néere cou∣sins, dissentions were to be feared: for they would soone complaine, that the right of kindred were taken awaie. Which saieng I thus vnder∣stand: If either she that were to be married, or he that would marrie, should ouerskip the née∣rer 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 ouer∣skipping, 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 vnto the brother alreadie dead, the first place was to be granted vnto 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 dis∣orders betwéene all sorts are to be hated, then those betwéene kindreds must be detested. Also Plutarch bringeth another reason; namelie, * 1.35 that women be weake, and therefore haue néed of manie and sundrie vpholders. So that in mar∣rieng with strangers, if they be afflicted by them as it commeth to passe, they haue all their owne kinsmen to be their patrones and defenders: but if they should be wiues vnto their owne kin∣dred, and be ill intreated of them, they should haue 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 Plu∣tarch, I remember that, which he hath written in the sixt probleme: and I thinke it not vnprofi∣table to rehearse the same, séeing it appéereth to be against that, * 1.36 which Augustine hath in his 15. booke De ciuitate Dei, and 16. chapter, touching the marriage of cousins germane. For he affir∣meth

there, * 1.37 that the same was lawfull before his time; although such kind of matrimonies sée∣med verie rare, bicause men did in a maner for∣beare to contract with persons so néere of bloud. But he saith, that afterward that liber∣tie was taken awaie. Which in verie déed I can∣not perceiue in the Romane lawes, which were publikelie receiued and allowed: and yet neuer∣thelesse, those lawes were in force through out Aphrica. So as it may séeme obscure to some, of which lawes Augustine speaketh: vnto whom he saith, that matrimonies of this kind were for∣bidden in his time. But it must be vnderstood, that when Augustine liued, the lawe of Theodo∣sius the elder was in force, who first among the Caesars (so far as I know) forbad this sort of ma∣trimonie. * 1.38 Which also Aurelius Victor, and Pau∣lus 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 bro∣thers daughter, or of his wiues daughter; last∣lie, 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 Clothe∣rius followed, as it is read in the Almane lawes, in the title De illicitis nuptijs: yea and it is con∣firmed by the ecclesiasticall Canons and De∣crées, 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. * 1.39 These things he answereth vn∣to 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 matri∣monie betwéene themselues. And Ambrose also long before Gregorie, in his 66. epistle to Pater∣nus, condemned marriage betwéene brothers and sisters children; and witnesseth, that the same was forbidden by Theodosius lawe: which I also haue alreadie alledged. And if it be law∣full to vse coniecture, I thinke that Theodosius did it at the request of Ambrose, who had a mar∣uellous respect to publike honestie. Yet neuer∣thelesse was not that lawe so seuere in those daies, but that the same might sometime be dis∣pensed 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 vnto anie, which throughlie consider the words of the lawe, and the acts of the fathers.

How the Romans ordered themselues in an∣cient time, as touching the marriage of cousins germane, this I haue 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 Cluen∣tius, writeth, that Cluentia was lawfullie mar∣ried 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 men∣tion 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 vpon this occasi∣on. 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 ve∣rie rich and wealthie: for which cause he was ac∣cused of incest. But his cause being heard, he (by the iudgement of the people of Rome) was absol∣ued. 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 chil∣dren; namelie, Zuricke, Berna, Basil, Schaphusi∣um, 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 rea∣sons, which I haue before declared. But Othni∣el, 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 com∣mon 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 haue alreadie said, were not alwaies frée from sinne) or else, that God, by a certeine priui∣ledge or prerogatiue, would haue these things to be doone: which neuerthelesse must not be chal∣lenged for an example. Neither must we forget, that by a custome verie vsuall in the scriptures, * 1.40 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 hi∣storie, be called his brethren. So likewise in this

place it may be, that Othoniel is called the bro∣ther of Caleb, when he was onelie ioined vnto 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 ad∣ded in the text this particle (The yoonger) which is not accustomed to be added, but when bre∣thren or sisters are in verie déed compared to∣gither.

Notes

• * 1.1

  In Iudg. 1. Looke In Gen. 19, at the end, and 38, 11. and 2. Sam. 13, at the be∣ginning. Leuit. 18. 20
• * 1.2

  Who more than others offend a∣gainst the degree for∣bidden.
• * 1.3

  Vnto the degrees ex∣pressed by God, the Iewes haue added ma∣nie more.
• * 1.4

  Leuit. 18, 2•• &. 20. 23.
• * 1.5

  Gen. 20, 12.
• * 1.6

  Exod. 6, 20
• * 1.7

  The lawe of nature was darke∣ned through sinne.
• * 1.8

  The fathers must not in all things be excused from sinne.
• * 1.9

  Why God by his laws established matrimo∣nies.
• * 1.10

  The ten commande∣ments were obscured in the harts of men before the lawe.
• * 1.11

  Plato.
• * 1.12

  Rom. 1, 32.
• * 1.13

  Cynara and Myrrha.
• * 1.14

  2. Sa. 13, 15.
• * 1.15

  Incests haue in a maner al∣waies had vnhappie ends. Ptolome.
• * 1.16

  Anthonie Caracalla. Nero.
• * 1.17

  The Ro∣mane laws forbad to marrie the brothers.
• * 1.18

  The gar∣dian might not marrie his pupill.
• * 1.19

  Cicero.
• * 1.20

  Felix was married to a Iew. Acts. 24, 25.
• * 1.21

  Cicero.
• * 1.22

  The prodi∣gious loue of Sassia.
• * 1.23

  Exod. 34, 16
• * 1.24

  The godlie must not ioine in marriage with the vngodlie. Augustine.
• * 1.25

  The Pope hath two waies erred touching these laws.
• * 1.26

  Deut. 25, 5.
• * 1.27

  Of marri∣eng a wi∣dowe to the next of kin.
• * 1.28

  The gods of the Eth∣niks mar∣ried their sisters.
• * 1.29

  Looke In Sam. 13, 1.
• * 1.30

  Augustine.
• * 1.31

  Cicero.
• * 1.32

  Plutarch.
• * 1.33

  Plutarch.
• * 1.34

  The causes of dissenti∣on between kinsfolks is to be cut off.
• * 1.35

  Women by marrieng of their kin are the bet∣ter vphol∣den.
• * 1.36

  Augustine.
• * 1.37

  Of marri∣age be∣tweene cousins germane.
• * 1.38

  Aurelius Victor. Paulus Diaconus.
• * 1.39

  Augustine the bishop of Cantur∣burie.
• * 1.40

  In the scriptures kinsmen are called bre∣thren.