The degrees of consanguinity and affinity described and delineated / by Robert Dixon ...

OF Consanguinity. OR, KINDRED by BLOOD.

THe Degrees of Consanguini∣ty, and their different Com∣putation between the Civilians and Canonists, are better under∣stood by the Inspection of a Pe∣digree, than by Writing or Speak∣ing; yet Justinian gives good Directions, Just. l. 1. Tit. de Nup∣tiis, and lib. 3. Tit. 6. de Gradibus Cognatorum.

[Degree. 1] The first Degree of Consan∣guinity is in the Right Line As∣cending and Descending, where all Degrees of that Line are for∣bidden.

So that upwards a Man may not Marry his Mother, Grandmo∣ther, or Great Grandmother, &c. And downwards, he may not Marry his Daughter, Grand∣daughter, no Great Grand-daugh∣ter, &c.

[Reason.] The Reason is, Because in all these Cases one of the Parties is a Parent, or a Child by Blood: That is, The Woman is either a Mother, or a Daughter to the Man.

This was Lots Incest,* 1.1 and Reu∣bens Incest, v. Gen. 19, 33. Gen. 25.22. Gen. 38.10. Lev. 18.7. &c. Lev. 20.11, 12, &c. Ez. 22.13. Am. 2.6.

[Degree. 2] The second Degree of Con∣sanguinity is in the Side Line e∣qual, in which all Propinquity, or nearness by Blood is forbidden to the Second or Third Degree only.

[Reason.] The Reason is, Because Pro∣pinquity, or Nearness consisteth but in Two or Three Degrees, as he is my near Neighbour that dwelleth but two or three Houses from me. And the Levitical Law Reckons Propinquity or Nearness no further than the third Degree. The rest she accounts Remote.

So that in the second Degree of the Side-equal, or Collateral Line, (the Civilians compute in that Line no first Degree at all) a Man may not Marry his Sister, nor his Sisters Daughter, &c. for she is his near Kinswoman, either by the whole Blood, or by the half Blood.

[Reason.] The Reason is, Because in all these Cases the Parties are always Brother and Sister; that is, the Woman is always Sister to the Man, and the Man Brother to the Woman by Blood.

This was Amons Incest with Tamar, his Sister by the half Blood;* 1.2 for they were both Children to David by several Venters.

[Degree. 3] The third Degree is in the Side∣unequal Line or Linage upwards or downwards: In which up∣wards a Man may not Marry his Aunt nor Great Aunt, &c. And downwards a Man may not Mar∣ry his Neece, or his Neeces Daugh∣ter, &c,

As when upwards I lie with my Aunt, whether she be my Fa∣thers Sister or Mothers Sister by Blood: Or downwards I lie with my Neece whether she be my Brothers Daughter or my Sisters Daughter.

[Reason.] The Reason is, Because in all these Cases the Woman is still either Aunt or Neece to the Man.

The Computation of Degrees in the Right Line.

[ 1] The first Degree in the Right Line is from me to my Father or Grandfather, and all my Parents upward, or from me to my Daugh∣ter or Grand-daughter, and all my Children downward.

[ 2] The second Degree in the Side-Line Equal is, from me upward to my Father one Degree, and from my Father downward to his Daughter, which is my Sister, two Degrees.

[Reason.] Now the Reason why in the Side-Line the Computation pro∣ceedeth not directly from me to my Sister; but fetcheth a com∣pass about upwards and down∣wards, and passeth through our Parents is, Because the Consan∣guinity between me and my Sister

is not Immediate, Proximous and Prime in the first Degree, but Mediate, Propinquous and Secun∣dary, through and by the means of two common Parents:

For no Blood is derived or passed from me to my Sister, nor from her to me; but Blood is de∣rived or passed from our Parents to each of us, and in us their Blood is parted.

My Mother therefore, who derives her Blood to me immedi∣ately, must needs be more Con∣sanguineous, or nearer of Kin to me than my Sister, who derives no Blood at all to me, but only takes part of the same Blood with me. And my Daughter, who derives her Blood immediately from me, must needs be more Consanguineous or nearer of Kin to me than my Sister, who de∣rives no Blood at all from me.

My Mother therefore upwards, and my Daughter downwards are the Females of nearest Consan∣guinity or Kindred to me: And therefore they make the first De∣gree; for that which in order is the nearest or next to me, must needs be the first from me: And Consequently my Sister being not so near to me in Consanguinity, Kindred or Blood, as is my Mo∣ther and Daughter, cannot be computed in the first Degree; and therefore must either be in the second Degree, or in a De∣gree more remote, or else in no Degree at all.

Hence it is, that in many Accu∣rate Pedigrees the Lines are drawn and visibly expressed in the right Line or Linage only, and they are drawn downwards only ac∣cording to the Descent from the Parents to the Children.

Because the course of the Blood which makes Consanguinity, pass∣eth only by Descent downwards.

But sideward in the Side-Line or Linage, no Lines at all are vi∣sibly drawn and expressed; be∣cause the Blood hath no passage at all that way; for there was none at all, neither from the Bro∣ther to the Sister, nor from her to him.

So that they partake not of one anothers Blood, but both par∣take of their Parents Blood, which descends in Common to them both, and in them is parted and divided into several Channels, making several descents; yet for Computation sake there are Lines conveyed sideward in the Side-Line or Linage, not Lines real and visible, but only imaginative and putative; such as Astrono∣mers conceive in Heaven, and

Geographers on Earth, calling them Meridians or Parallels, which are no Realities visible or sensible, but only Imaginations or Fictions in Astronomy or Geography.

[Degree. 3] The third Degree sideward in the Side-Line Unequal is thus, for my Uncle or Aunt. From me to my Father or Mother upwards is one Degree, then from my Fa∣ther and Mother to their Father and Mother, or my Grandfather and Grandmother is two Degrees, then downwards to the Son or Daughter of my Grandfather or Grandmother, which is sideward to my Father and Mother, which are their Brother and Sister, which are my Uncle and Aunt is Three Degrees.

And the Brother and Sister of my Father or Mother is my Uncle and Aunt.

And for my Nephew and Neece the Computation is thus; from me to my Father or Mother up∣wards is one Degree, from my Father and Mother, then down∣wards to their Son and Daughter, (which is sideward to me) which are my Brother and Sister, is two Degrees, and from my Brother and Sister downwards again to their Son and Daughter is Three Degrees.

And the Son or Daughter of my Brother or Sister is my Ne∣phew or Neece.

Sideward in the Side-Line or Linage no more Degrees are for∣bidden for Marriage beyond the Third Degree, either by the Law of Moses, or by the Civil Law, or by the Law of our Church.

Because in these Lanes the De∣grees only of Propinquity or Near∣ness are forbidden; and Propin∣quity

or Nearness consisteth but in Three Degrees, determining in the Third.

And therefore Persons in the Fourth Degree sideward, and much more in the Fifth or Sixth Degree, &c. may lawfully Marry: Because such Persons are in no Degree of Propinquity, seeing Propinquity comprehendeth only but Three Degrees; and conse∣quently first Cousins, or Cousin Germans, or Brothers and Sisters Children may lawfully Marry, and many times do so: And there∣fore a Man may Marry his Uncles Daughter, or his Aunts Daugh∣ter; for my Uncles or my Aunts Daughter is is my Cousin German.

[Degree. 4] The Fourth Degree sideward between Brothers and Sisters Children, or Cousin Germans is thus: from me upward to my Father or Mother is one Degree,

from my Father or Mother to their Father or Mother, or my Grandfather or Grandmother is Two Degrees: Then from my Grandfather or Grandmother, which are the common Stock downwards to their Son or Daughter, which sideward are my Father and Mother, Brother and Sister, and my Uncle and Aunt, is Three Degrees; & from my Uncle and Aunt downwards to their Son or Daughter, which are my Cousin Germans, is Four De∣grees.

This Computation of Degrees is according to the Civil Law, whose Rule is this, Tot sunt Gra∣dus Cognationis, quot sunt Genera∣tiones, 1. So many Generations so many Degrees.

The Computation of the Ca∣non Law is, Quoto Gradu unus∣quis{que} eorum distat a communi

stipite, eodem Gradu distant inter se, 1. In what Degrees the Par∣ties are distant from the Com∣mon Stock, in the same Degree they are distant between them∣selves.

So that Brothers and Sisters Children, that by the Computa∣tion of the Civil Law differ Four Degrees from each other, by the Canon Law they differ but Two Degrees from each other.

So that the Civil Law consi∣dereth Degrees, especially for Successions of Inheritances from Person to Person, numbering the Degrees according to single Per∣sons, only by one Degree at once, ascending to the next or nearest Common Stock or Parent, and thence descending to the Person whose Degree is required. But the Cannon Law considereth rather the Degrees of Marriage

made by the consent of Two Persons, and for that reason joyn∣eth Two Persons together in the numbring of Degrees.

As to Cousin Germans there∣fore, (to conclude) though some Divines and some Lawyers here in England do scruple at the law∣fullness of their Marriage; yet they scruple it without alleadg∣ing any sound Reason, but rely∣ing only upon Tradition, and the long practice of the Cano∣nists, who have forbidden those Marriages for meer Lucre, to Gain Money for the Licencing of them, by Dispensations, which are denyed to none, but are grant∣ed of course, for Money, to all that desire them. But from the beginning it was not so, neither ought it to be so; because the Rule holds good, Quod ab initio non valuit, illud tractu Temporis

convalescere non potest: That which was invalid from the beginning, cannot be made valid by length of Time.

Notes

• * 1.1

  Instances.
• * 1.2

  Instances.