The Trial of Bastardy: THAT PART OF THE second part of Policy, or manner of Government of the Realm of England: so termed, Spiritual, or Ecclesiastical.  
Annexed at the end of this Treatise, touching the prohibition of marriage, a Table of the Levitical, English, and Positive Canon Catalogues, their concordance and difference.  
BY WILLIAM CLERKE.  
john Chrisost.  Nemo verè indè, aut obscurus, aut clarus est. 
IL VOSTRO MALIGNARE NON GIOVA NULLA.  
LONDON, Printed by Adam Jslip. 1594.   

To the right worshipful Robert Redmayn, doctor of law, judge Delegate and Commissarie (for the vacancy of the See) within the City and diocese of Norwich, increase of worship, with all health and happiness.  
THe singular good affection (right worshipful) I have reaped at your hands, deserveth more at mine, than a bare imitation of learning: Nevertheless for the love you bear me, I have adventured (and the rather) to present these labours, whatsoever they may seem unto you, to signify aswell the continuance of my studies, wherein you have encouraged me, as to manifest that desire I should have, to show myself as willing to be thankful for a benefit received, as any reason would I should be. Besides the argument itself considered, our modern natures, and mine own imperfection together, might justly move no less. When therefore I considered (first) that you favour the Author, next, so well appointed to defend the work (the regality, laws, and customs of this land untouched) I reasoned thus, Duo vincula fortiora, and so it became an oblation unto you, which accepted, you receive it from him, whose heart giveth it freely, and withal, that duty and affection, that your former favours have merited: and so I rest your Worships in equal duty and affection.  
W. C.   

The Preface.  
WHen he had handled (that honourable knight, Sir Thomas Smith) in his Repub. Anglorum, amongst other things, the general consent and authority, as well of the Prince and nobility, as the commons of this land together; that is to say, the Parliament, i. the whole head and body of this Realm, as also the authority of the Prince apart, and had descended to the point, viz. How he doth, this head, distribute his authority and power to the rest of the members, for the government and commonwealth of the politic body of the same, and (in the prosecution of that) had discussed as well at large the manner and form of the trials or judgements that be absolute, here, and definitive by Parliament, Battle, and the great Assize: the method he observed, and the argument that he handled therein, brought him (at the last) and his style, to the court which is spiritual, or ecclesiastical here in England: so termed in the books of law, the Court Christian, or Curia Christianitatis.  
This hath equally (with the other) it force, power, authority, rule, and jurisdiction. Briefly it is descended from the same stock: namely, the imperial crown of this land. But this nevertheless, though parcel of the same government or policy, he hath passed over, only with a bare mention.  
Neither is it any marvel: for being (when he wrote that work) in the midst of so weighty affairs, ambassador in the court of France: it rather seems, than contrary, his business, there, prevented him: how could he otherwise, or at the least be judged so, by any probability, being (as he was) of that authority in his own profession, viz. Doctor of the civil law, have pictured (as he did) that course so lively, where least he was experienced, and omitted the other?  
The Archbishops (he saith) and Bishops have a certain peculiar jurisdiction in testaments, legations, tithes, mortuaries, marriages, adultery, fornication, orders, religion, etc. These (he saith be ordered in their courts, after the fashion and manner of the law civil, or rather common by citation, libel, contestationem litis, examination of witnesses privily, by exceptions, replications apart, and in writing, allegations, matters by sentences given in writing, appellations from one to another, as well à gravamine, as à sententia definitiva.  
Their names he addeth and titles of Procurators, advocates, assessors, ordinaries, commissaries, etc. far from the manner (as he saith, and as it is indeed) of our order in the common law of England, that part of the policy or government of the land that he handled at large, and this is all the light he hath left of the spiritual course, the other.  
I have therefore adventured (gentle reader) to imitate that worthy learned man in his secular trials there, in this spiritual cognisance, The trial of Bastardy here.  
Nevertheless, because it ariseth, the question of Nativities in the secular courts, but incedently: and the Ordinaries jurisdiction (by consequence) not ordinary in that trial, but delegata (as it followeth more at large in this treatise:) it must, this part of that second part of government, be always understood, as the jurisdiction to the Ordinary is demandata from the prince, and not otherwise. I have therefore composed it, and not (I hope) unaptly, atreatise of itself: and that because the jurisdiction in this trial is diverse from the rest. This is therefore presented unto thee here: the rest thou shalt have, if God permit, in the tractat of the Ordinary.  
In the mean time (if it please thee to accept it) this thou shalt have withal, viz. How the laws, how the canons, have and do either of them esteem of Bastardy diversly: and how they have and do, the laws and canons, make their computations (in degrees of consanguinity) diversly.  
This computation (verily) in degrees in this kind, inconsiderately, that is to say, without regard of the laws, and canons, how they repute the same, begat in former ages no small error in Genealogies, the laws of Matrimony, the holy Father's numeration, and ancient Computation of the Church.  
Of such an effect as this, that infringed so long ago the prohibibition of marriage, commended also unto thee here in every kind, where both the tree, and forbidden fruit is pictured, Estimandum est, or rather to be feared it is, of such conjunctions had, a base kind of people, ignoble, and licentious to be begotten, apt to provoke in time, even the rest to naughtiness also, and make them become in fine, nor manly in war, nor stable in faith, nor honoured of men, nor beloved of God.  
But let no man be here too severe a judge: for virtue sometimes springs from lawless knowledge, and vice again from lawful: neither let me flatter nor offend: the one is no defence of sin, nor the other impeachment of lawful matrimony: for neither doth the adulterous child that is virtuous, nor shake off, nor shadow his adulterous parent's crime, nor the legitimat that is vicious, dishonour the undefiled bed. And to this effect it is written, Sicut boni filii adulterorum, nulla est defensio sic mali filii coniugatorum, nullum est crimen nuptiarum.  
Let him therefore never fear to sink, that hath this rest to bear him, namely, virtue: for though his parents be the worst, their vileness shall not blemish him at all, if virtue bears him up: for if themselves (if converts afterwards) their former life destroys not, much more their offspring decked with his proper virtue shines, and shall not be eclipsed with the opprobrious lives of his parents; and why? Non est eius culpa qui nascitur, It is answered thus, it is not his default that is borne, 
Hierom. in Epist. count Ruph● dist. 56. c. nasci.  but his that doth beget him, the seed itself is not reputed evil: for nature receiving her own, she bestows it, she frames it next a body, the serving members ensue, Et inter illas sacri ventris angustias, dei manus semper operatur: Hence is the flesh, wilt thou condemn it now? look at the fleshly means: Non peccat terra quae confovet, non semen quod in sulcis iacitur, non humour, vel calor, quibus temperata frumenta in germane pullulant, sed (verbigratia) fur & latro: Temper thy judgement therefore in this behalf, Quia non in seminibus, sed in voluntate nascentis, causa vitiorum est, atque virtutum. And if a law were made, that such might inherit, the virtuous I mean in the one, before the vicious other, why should not that law be just? the other I call not unjust, but yet it is but temporal, and within the liberty of Princes, justly to be altered by the times, though justly they cannot stand in one common wealth together: for that that is in present being bridles now the parent to be father of Legitimation, and the other should bridle (if it were) the son to furnish himself with virtues, least happily his father should have begotten a better son abroad, than all the world can find at home.  
I would be loath in moving a charitable judgement in the son, to seem to give hope to the father, or liberty to offend, Godforbid. The happiest offsprings they be, and nearer unto hope (let all mentake me so) that be borne De legitima parentum coniunctione, approbata perleges, whereof more at large in this treatise: for leaving the adulterous bed: or knowledge had without solemnized marriage, which also we have touched in the same, that knowledge had (in marriage) in consanguinity and affinity, have been, is, and willbe in all christian ages to come, reputed for no less, for sundry reasons. And first because that naturally a man doth owe a certain honour, reverence, and fear to his parents, and therefore unto others of his kin, which come very nigh of the same, in so much that in old time (as Valerius Maximus showeth) it was not lawful for the son, to bathe in one place with his father, lest he should see him naked.  
secondly, such persons must needs be conversant, and in company together: if nature therefore abhorred not knowledge in such, they should have too much opportunity to licentious living, whose nearness removeth all suspicion from the world. And behold the heathen Philosopher here. Where 
Arist lib. 2. polit.  (saith he) a man doth love his kinswoman by nature, if there should be put to this the love of bodily meddling, there should be too much heat and ferventness of love, and too great provocation to fleshly lust, which is contrary to the chastity of marriage.  
Thirdly, such marriages shall hinder that mutual love and friendship, that is both profitable and honest to human society, for when a man doth take a wife that is a stranger to him, all the kindred of his wife be knit unto him by a certain league of friendship and love, as if they were his own: this hath nature ordained already in blood. Hence proceeded the prohibition of the Canons, That men and women, to whom love and concord was thought both profitable and honest, should be knit together by sundry degrees of kindred, and not that one should have many in one, sed singulae spargerentur in singulos, the Canons term them necessitudines, which they would have dispersed. In the treatise of the determinations of the most famous and most excellent universities &c. fourth Chap. after the author (whosoever he was) had cited, touching such unlawful marriages, the doctors of the church of Christ, that were of greatest authority, fame, and renown, he descended to others, which, though not of so great authority, yet their judgements for their credit, learning and gravity, was received worthily, amongst whom he affirmed (to this effect) of an Archbishop in this land, viz. being asked by what reason the forbidding we should not marry in consanguinity nor affinity, had so great strength and power in the church? answered. The laws and Canons of the church, be full of this commandment, and there be many decrees of the old fathers also, that we should not marry with any of our blood, etc. and as for the cause and reason of this commandment, albeit I might say that the simple and plain reason is, to obey the power and authority of them to whom Christ said, It is not you yourself that speaketh, but the spirit of your father which speaketh in you, etc. yet for all that, by the consideration and marking also of holy scripture, I am wont to think thus with myself, amongst the old & ancient people of the jews, it was not lawful for any person to marry with any out of his tribe: and when I doubted and sought a reason why so, the daughters of Zelophehad, came to my remembrance, etc. But in this case Moses gave an answer to their carnalities, That they should not marry out of their tribe: but the goodness and perfection of us that be Christian folk, is not on this fashion, for seeing our heritage is God, of whom it is spoken, God is love and charity, as the jews used a law agreeable to their heritage, so we ought to maintain a law for ours, which is the law of love and charity.  
There is light & darkness, good and evil, there be lawful and expedient, lawful not expedient, nor lawful, nor expedient marriages; these be seen in divers families, in outward degrees, in nigh kindred: with this, I commend to the reader the admonition of the English church, that is, to consider in contracts of matrimony, what is lawful, what honest, what expedient.   

Gregor. Nazian. de bono Coniugij.  
COniugium radix & fulcrum nobile vitae,  
Coniugium praestat, si sis sine robore vires:  
Sic sumus inter nos, auresquè, manusquè, pedesquè,  
Mutua sic duros emollit cura labores,  
Mutua sic gemina dulcedine gaudia crescunt,  
Quin desiderium, concesso limit, claudit  
Coniugium, custosquè aeternùm obsignat amores:  
Vt sunt carne simul iuncti, sic mente cohaerent,  
Inter sequè pijs miscent incendia Flammis.  
Et quia praesidij est, rerumquè hic maior egestas,  
Foemina virquè deo, maiori pectore fidunt.   

❧ A Table of the contents of this Book.  

CHAP. I. OF possessions and nativities, their cognisance and trial. fol. 1  
CHAP. II. The canonical and secular computations in consanguinity, their confusion. The sequel. The Lateran synod. The answer of the Prelates, to the kings writ of Bastardy. Their instance. The conclusion of he nobles at Merton. fol. 7  
CHAP. III. The transmission or writ of certificate to the Ordinary. The Statutarie antecedents to the same. fol. 24  
CHAP. FOUR The Ordinary. His office, and order in proceeding. fol. 31  
CHAP. V Of matrimony, and legitimate issue. fol. 39  
CHAP. VI Of consanguinity or blood: The figure and declaration thereof. fol. 51  
CHAP. VII. Of affinity or alliance by marriage: The figure and declaration thereof. fol. 58  
CHAP. VIII. Of the prohibition Levitical. fol. 67  
CHAP. IX. Of the prohibition Canonical. fol. 71  
CHAP. X. Of the succession of the statutes in marriage: and their force at this day. fol. 77    

Faults escaped in the printing.  
Pag. 15. line, 26. for that is descended, read, from whom is descended. Pag. 41. line, 17. for excess, read access. Pag. 48. line, 24. in the note, for Patrimonium, read Matrimonium. Pag. 21. line 3. in the note, for A2. 28. read an. 25. cap. 19   

The Trial of Bastardy.  

CHAP. I.  
Of possessions and Nativities, their cognisance and trial.  
THe issue of the defiled bed, before we come to handle it, either in itself or the contrary, least happily the readers should (some of them) look for another issue here, than I know they be likely to find, I mean a relation of plead in possessions, after the common laws: I advertise them before hand, howsoever this may seem to fit the argument, Haec non iudicantur in Ecclesia, The church hath no cognisance of them.  
The possession of Radulphus and Agatha his mother, left them by Radulphus the father and grandfather to Agatha and her son, when he went to jerusalem, impeached afterwards by F. great uncle to Radulphus the son, in that he objected, this Agatha was begotten by Radulphus her father, of Au●line the wife of Alan, in the time of Alex. 3. manifesteth as much in the Canons. 
a Cap. causam quae. Qui sil. sunt legit.  For when the incident question of her nativity arose before the secular judges, it came in the end to the audience of Alexander, who in his commission in that cause of the jurisdiction of the church, to the BB. of London & Worcester, (having touched the possessory judgement of the king) countermanded immediately again his former rescript in these words, viz. Causam quae inter R. & F. super eo quod matter dicti R. dicitur non fuisse de legitimo matrimonio nata agitari dinoscitur, vobis commisimus terminandam: verum quod literis nostris inseri fecimus, v●praefato R. possessionem omnium quorum possessor extitit, quando Auus suus proficiscendi Hierosolimam iter arripuit, ante principalis causae ingressum faceretis restitui, si eadem possessione fuisset per violentiam spolitatus. Nos attendentes quod ad Regem pertinet, non ad ecclesiam, de talibus possessionibus judicare, ne videamur iuri regis Anglorum detrahere, qui ipsarum judicium ad se assorit pertinere, f. v. mandamus, quatenus regi possessionum judicium relinquentes, de causa principali, videlicet utrum matter predicti R. de ligitimo sit matrimonio nata, plenius cognoscatis, & causam huiusmodi terminetis. etc. that is to say, The cause or question notoriously known to be moved between R. and F. touching that, that the mother of the said R. is affirmed not to be borne in lawful matrimony, we have committed to you to be determined; howbeit, where we caused to be inserted in the same our letters, that you should see the possession of all things restored to the aforesaid R. that he possessed when his grandfather took his journey to Jerusalem, before your entrance to the principal business, (if violently first he he had been spoiled of the same) weighing that the Cognisance of such possessions appertaineth not to the church, but to the king, & lest we should seem to derogate from the right of the king of England, who claimeth they pertain to himself, we require you (leaving the possessory judgement to the king) that you take absolute knowledge of the principal cause: that is to say, whether the forenamed R. his mother be borne in lawful matrimony, & determine the same.  
The politic body of this land considered as it is compacted of all sorts and degrees of people, divided only in terms, and by names of spirituality, and temporalty: having authority, the one part, commonly called the English Church, to declare, interpret, and show any cause, question, or doubt of the Law divine, or spiritual learning, and to administer such offices and duties as to their rooms spiritual doth appertain: the other, the lay or temporal judges, for trial of property of lands, secular contentions, as also the conservation of the people of this Realm in quiet and peace, and how they do, both their authorities and jurisdictions conjoin together in the due administration of justice, the one to help the other, appointed so, ordained and instituted to that purpose and end, that the kings & queens of the same (according to their plenary power from God) might be furnished of themselves to render justice and final determination to all subjects, and in all causes, as they have and do at this day hold (of God) to themself, and by their sword, their people and crown: acknowledging no superior on earth, without restraint or provocation, to any pope, prince, or potentate in the world, 
b 24. H. 8. cap. 12. in prohem. ad idem de repub. Anglo.  may give a light to that we have said of the spiritual and secular powers before.  
For howsoever they may seem to be distinguished in themselves, they be but one body, having but one only head, the royal and kingly majesty of this land, where the Aristocratical governments and democratical, have been evermore strange unto us: for divided in times passed into many & sundry kings, reigning each absolutely in his country, not under the subjection of other, till by fight, the vanquished always falling to the augmentation of the vanquisher, it grew at the last into one Monarchy, never did any take investiture at the Emperor's hand of Rome, or any other superior foreign prince or Potentate, but held (as I said before) and as they have, do, and will hold of none but of God, their people and crown.  
Hence it is taken for an Empire in the world: whereof (as did Ulpian de publico romanorum iure) I may as boldly write viz. Huius sacrosanctae, & Augustae civitatis status, in sacris, & sacerdotibus, & magistratibus consistit: that is to say, The state of this imperial commonwealth, consisteth in holy things, and in priests, and magistrates: for so we repute no less the magistrate than the priesthood, to be ordained of God; as the apostle 
c Rom. 13.  teacheth, & whereof Duarenus dilateth thus, viz. Sunt cnim magistratus & sacerdotium velut unius corporis, id est ecclesiae, duo membra precipua: quorum alterum alterius auxilio eget. Verily they are (saith 
d De sacris ecclesiae minist. ac benefic. lib. 1. cap. 1.  Duarenus) the magistracy and priesthood, as it were of one body, that is to say, two principal members of the Church; having need the one of the others assistance. And in another place, Nam etsi religionis & sacrorum procuratio omnibus alijs rebus nobis antiquior esse debeat, tamen imperio magistratus ad tranquilitatem inter homines tuendam est opus, sine qua; ne religio quidem cousislere potest: Itaque justinianus noster maxima dei inter homines dona esse ait, 
e Novel. 6.  sacerdotium, & imperium, quorum unum divinarum rerum administratio, alterum humanarum gubernatio moderatioquesit: non enim (ut apud hebreos quondam atque Romanos ijdem & reges erant & pontifices) 
f Euseb. lib. 1. Hist. Eccles. c. 5. c. cleros. 21. Dist.  ita in Christiana repub. idem homo utranque personam sustinet, & utrumque munus exequitur; sed duae sunt functiones, diversae, quarum unaqueque plurimum operis habet ac difficultatis: communis tamen est utrinsque finis, & scopus: nempe religionis, & mandatorum divinorum, in otto & pace conseruatio. Hinc justinianus noster de consensu & concordia rerum divinarum & humanarum, sacerdotij, & imperij loquens, simphoniae verbo utitur: that is to say, The charge of religion, & of sacred things, though it ought to be (in antiquity unto us) preferred before all things else, the power notwithstanding of the magistrate is needful for the preservation of peace amongst men; without the which religion verily cannot consist: justinian therefore affirmeth Priesthood and the Magistracy, the chiefest gifts of God amongst men, in that the one is the administration of divine things; the government the other, and moderation of things human: for not (as in times past the same were kings and bishops with the Hebrews and Romans) so in a Christian commonwealth now, the same man beareth and executeth the person and office of them both; 
g It is and was of ancient time due to the imperial crown of this realm to have the sovereignty and rule over all manner people borne within the same whether ecclesiastical or lay: but the kings and queens, neither have, do, nor will challenge authority and power of ministery of divine offices in the church. Jniunct. an 1. Eliz. tit. Admonition.  but they are two diverse functions, requiring either of them great labour and difficulty. The end and scope notwithstanding of either, common to both; the conservation namely of religion, and divine commandements, in quiet and peace. justinian hereupon treating of the concordance, and agreement of divine and human things, Priesthood, and the Magistracy, useth the word symphonia, as much as consent or harmony in music.  
But to the state of the cause, after the Latins, the issue in the common-law, in the canon and civil laws, the incident question, Bastardy, whose trial our argument is, and whether we will hasten our style: the incident question I call it, for it is not sprung where it riseth in the secular court tanquam emergens in judicio, (such as be said in the laws we mentioned last) to have originem novam post judicium incohatum, respicientes processum; but incidently, respecting only merita negotij principalis, and not the processus at all.  
Here (affirmed that reverend doctor Sir Thomas Smith, 
h De repub. Anglo. lib. 2. cap. 12.  speaking of the issue generally) is the place where the strife & debate remaineth, as a water held in a dark and close vessel issueth out, is avoided, and emptied, and no where else: and that stroke (saith he) well strooken, is the departing of all the controversies.  
These we may leave to whom they be more familiar in their terms, than they can, or at the least is necessary (touching this trial) they should be made interpreted, to the common capacity of the rest. Hence issueth out our purpose: that is to say, the incident question (effected) of the nativity, before the secular judges, in secular causes of possession; the kings or queen's writ ensueth to this effect as followeth 
i Infra. ca 3.  to the Ordinary, and there his jurisdiction beginneth.   

CHAP. II.  
The Canonical and secular Computations (in consanguinity) their confusion. The sequel. The Lateran synod. The answer of the Prelates to the kings writ of Bastardy. Their Instance. The conclusion of the Nobles at Merton.  
IN the Roman Civil and Canon supputation of degrees, there ensueth now a difference to be handled in them: that is to say, a descent, or discord, or that which is more, a prejudice, and a violence too, to the Laws, to the Canons, and either so to other: howbeit not in themselves, but their application and practice: like a well tuned Instrument unskilfully handled. Hence endured the secular laws of this land an injury (in their possessory judgements) by the Canons, as also did in former time the Canons, by the secular sort, till king Henry the third reform (in the end) the one, the other, the Lateran synod; whereof we shall treat severally in their places, but first of the violence to the Canons.  
For declaration of this, (by the way) Computation must first be considered of (in degrees of consanguinity or blood) & how it is distinguished by Canonical and Legal: the computation canonical is declared in the chapter of consanguinity hereafter, the legal or secular computation we have briefly related here, and that for two causes, the one (having occasion to speak of the prejudice to the canons) it is derived from it, the other it shall explain the Canonical computation the better, therefore it is pictured here, according to the secular emperor justinian his laws, to the end (I say) that compared with the figure ensuing of consanguinity it may add the greater light unto it, and either consequently unto other.  
These Legal and Canonical computations, I know not how it came to pass, but that I may use the words of the Canon, Quidam Legum & Canonum imperiti, certain as well Legists as Decretalists, ignorant both of the laws and Canons, confounded them; what violence grew by this to the Canons ensueth, for when it had taken root, this negligent or malicious error, (for so we may conjecture) they could not be so ignorant all of them, from whom it sprang, Cenealogiae terminum Nuptialia iura, numerationem sanctorum patrum, & antiquam Ecclesiae computationem: perversa quadam calliditate disturbare nituntur. It disturbed, or they disturbed with it (this error) by their perverse subtlety, the bonds and scope of Genealogy, the laws of matrimony, the holy father's numeration, and ancient computation of the church: and besides their strange, profane, and erroneous computation, which they grounded upon the secular laws, they determined their Genealogy in the sixth legal degree, affirming there the Legal computation determined. But what justinian defined, and unto what degree, (his secular computation) I leave to justinianistes to define, only to answer this error, his words be these, Hactenus ostendisse sufficiat, quemadmodum gradus cognationis number entur: namque ex his, palam est intelligere, quemadmodum ulteriores gradus numerentur: generata quip persona, gradum adijcit. When justinian had extended ascending, descending, and collaterally his numeration, and specified to the sixth Legal degree; this may suffice (saith he) touching the computation of degrees in kindred: for by this it is easy to number the rest that be further off; forasmuch as a person begotten, begetteth a degree, etc. This touching their error in determining the Legal computation only.  
For their confusion, I mean of both computations in one: were the infection thereof, as far foregone in marriages with us, as it was confuted then in the Lateran counsel, we should not, I suppose (after the phrase of the scripture) come so near to the shame of our kindred as now we do: but hereof more, and more fitly hereafter.  
To their period again, their series in their Genealogy was legal: their computation legal, to the sixth degree: but their termination, there, neither legal, nor Canonical: What then? Computatis namque gradibus, etc. aut finitur consanguinitas in Sexto gradu, etc. The Canon asketh this question, viz. (Computation therefore had) doth it determine or not determine consanguinity in the sixth degree? inferring thus: Si autem finitur, fallaces erunt leges quibus isti utuntur, qui in decimo gradu sibi succedere consanguineos inbent: quod si non funitur consanguinitas in huiusmodi sexto gradu, falsidici erunt isti qui ultra illum sextum gradum nolunt computare consanguinitatem: igitur aut leges erunt falsae, aut isti qui sic finiunt generationem: sed vi verdicae leges, & veraces sunt Canon's, dicamus id quod veritas habet, scilicet quod non terminatur consanguinitas in huiusmodi sexto gradu, &c: that is to say, Verily if it determineth so, they be deceivable laws which they use, that command succession in blood in the tenth degree: but if it determineth not consanguinity in the sixth degree, they shallbe false sayers, that refuse (in consanguinity) to make their computation beyond the said sixth dedegree: to conclude, the laws must needs be false, or they that so determine generation. But as the laws be right, and the canons true, so let us persist in that, that truth itself possesseth, namely (touching consanguinity in the 6 degree) in not determining there.  
Their numeration remaineth now to be spoken of, their Series, their order, and (touching the same) the censure of the Lateran synod. Neither would I be taken to impeach their numeration, but the disguised habit they gave it. For it sorteth, and so it is approved with the secular laws i. the law of their nation so called the Roman civil law, as also (after the reverend authous Mr. Bracton, and Mr. Plowden: for so they have applied it either of them in their works) of ours.  
Touching the secular computation what may be said for further information therein, we refer to that demonstration ensuing to the eye, according to Horace: Certior aure arbiter est oculus, that is to say, Of the two i the eye, and the ear, the eye is the certainer judge. Hinc agrimensores, and the view de ventre inspiciendo were & be in use in the civil law, as also (as occasion is ministered) exercised in this land: thus we leave them (the secular computations) to that relation that ensueth of the Lateran synod, viz.  
Ad sedem apostolicam (for so the canon relateth the same) perlata est questio nouitar exorta de gradibus consanguinitatis, quam quidam legum & canonum imperiti excitantes, eosdem propinquitatis gradus contra sacros canon's, & ecclesiasticum morem numerare nituntur: novo & inandito errore affirmantes, quod germani fatres, vel sorores, inter se, sint in secunda generatione: filii eorum & filiae in quarta, nepotes eorum vel neptes in sexto, talique more progeniem computantes, in huiusmodi sexto gradu eam terminantes, etc. Nos vero (Deo annuente) hanc questionem discutere curavimus: in synodo habita in lateranensi consistorio, convocatis ad hoc opus episcopis & clericis atque judicibus diversarum provinciarum: Denique diù ventilatis legibus, & sacris canonibus, distinct invenimus: ob aliam atque aliam causam: alteram legum fieri, alteram canonum computationem. In legibus siquidem ob nihil aliud ipsae graduum mentio facta est, nisi ut hereditas vel successio ab una ad alteram personam (inter consanguinios) deferatur. In canonibus vero ab hoc progenies computatur, ut aptè monstretur usque ad quotam generationem a consanguineorum nuptijs sit abstinendum. Ibi prescribitur ut hereditas propinquis more legitimo conferatur: hic vero ut ritè & canonice inter fideles nuptiae celebrentur. In legibus aistinctè non numerantur gradus, nisi usque ad sextam: in canonibus autem usque ad septimam distinguitur generationem. Hac ergo de causa, quia hereditates nequeunt deferri: nisi de una ad alteram personam, idcirco curavit secularis imperator in singulis personis singulos perficere gradus: quia vero nuptiae sine duabus non valent fieri personis, ideo sacri canon's duas in uno gradu constituere personas, etc. that is to say, A newfound question is proposed to th'apostolic Sea of the degrees of consanguinity, the which certain moving, unskilful in the laws and canons, contrary to the sacred canons, have striven to confound them: in a strange and new error affirming, that Germane brothers and sisters are between themselves in the second generation, their sons and daughters in the fourth, their nephews and nieces in the sixth, & making their computation of their progeny so in the said sixth degree they determine it, etc. Now we in a synod holden in the Lateran consistory, assembled thereunto, the Bishops, Clergy, and judges of diverse provinces, have had care to discuss this question: and after long examination had (in the end) of the laws and canons, we found it out distinctly, at the last, one computation (for this and that reason) to be had of the laws, an other of the Canons: for mention verily is made in the laws of degrees, to no other end but that succession or inheritance should descend (in consanguines) from one to another: but in the canons for this; that it may manifestly be showed to what degree in kindred, marriages should be abstained from; it is prescribed there, that inheritance should lawfully be conferred to the next; here, that marriages be rightly amongst christians, and Canonically celebrated: degrees in the laws, are not in names and terms distinguished, beyond the sixth degree; in the Canons to the seventh generation: for this consideration therefore in persons, that successions cannot pass but from one to another, the secular emperor provided to appoint in singular people, singular degrees: but that marriages consist not but of two, the sacred Canons have therefore in one degree ordained two.  
M. Beza reproveth this numeration of the Canons, because the Canon's number (as he saith) by the 
De repud. pag. 25.  persons, and not their generations; and therefore affirmeth, that Multo planius & rectius loquuntur, qui generationes, non personas enumerandas dicunt. They speak (saith M. Beza) more plainly false, and more truly, that affirm the generations, and not the persons to be numbered, and his reason is, Cum generatio efficiat gradum, that is, Because the generation makes the degree. 
De repud. pag. 26.  Indeed there were certain Canonists, before the Lateran synod, and Legists too, that numbered so, whose ignorance was condemned there, but never since but in earthly successions, and so they number still, that is to say, the degrees by the persons, to confer their inheritance to the next; but by the generations, the Canon's number the degrees in marriage causes, that we come not too near to the kindred of our flesh: wherein they vary not from M. Beza at all, but only in the equilateral lines, where he maketh two brethren two generations, & their children four, & so in the residue where their generations be, & so he affirmeth them to be eiusdem, even of the same 
Pag. 26.  speciei & seriei, by the order & course of nature, & therefore do the Canons make them the same generations, and the same degrees, and so his words many seem to import no less where he saith, Natura enim ipsa ostendit tot opportere gradus, quot sunt generationes, that is to say, Even nature herself doth show, there ought to be so many degrees, as there be generations: nevertheless we must count than so, (saith he) as we respect Ordinem numerandi, and make them so by the order and course of numbering, two generations: the which he holdeth in all the laterals, to be holden without exception, as may appear by that treatise: that is to say, so many persons so many degrees; the Canons hold the same in the ascending and descending lines, una dempta: the use of this rule is explained, in the chapter of consanguinity hereafter: this M. Beza reproveth also, viz. the rule of una dempta, and yet he 
Pag. 15  confesseth it hath nothing in it, that is differing from the truth, for so he writeth, Et si nihil statuit à veritate alienum, tamen non recte concepta est, that is to say, Though it ordereth nothing that is differing from the truth, yet it is not conceived aright: but let it suffice it be true and holdeth where the Canons use it, that is in the ascending and descending lines, upright and downright strait, they bend it not to the laterals, for it will not hold with the rule of generation there, where the people do spread themselves, or nature rather spreadeth the people on either side. Here is their difference in the equilaterals only where M. Beza giveth liberty to marry within the prohibition of the Canons, but his prohibition is the same with the Canons in the the rest, so far as the Canon prohibition reacheth, except in the persons that be not collateral or vice-parents & children the one to the other: & the same their rules with his of the collateral or vice-parent, & of the honesty of nature, only his prohibition goeth beyond the prohibition of the Canons, in the laterals that be not equal, wherein so much the nearer he draws than to the law of nature, as he carries them further off from the kindred of their flesh, this is seen in that example, viz.  


PETRUS 

MARTINUS 

JOHANNES 

STEPHANUS 

MARCUS.        
BERTA 

ROBERTUS 

ALBERTUS 

Gaius 

Martin    
TITUS 

MARIA              
For he prohibiteth Martin to marry with Marie, (his grandfathers nieces nephews niece) because he may not marry with berta's daughter, that is, with his sister's daughter: and this he confirmeth by the rule of the honesty of nature, which is this, Cum naturae honestate pugnat, ut cuius siliam ducere non potes, neptim possis, that is to say, It is against the honesty of nature that thou shouldest marry with his or her niece, whose daughter thou canst not marry: this for his prohibition. But for his liberty, touching that we have said before, let us suppose Albertus hath an equilateral son unto Titius, viz a brother that is descended, a second Martin, this Martin shall marry with this Marie his grandfathers niece, and yet his father is Maries first collateral parent, that is to say, her father's brother, notwithstanding both the rule of collateral parent, and the rule of the honesty of nature, which should seem as well to hold in the one as the other, for Martin may not marry with his grandfathers daughter, that is, his aunt, by the express levitical prohibition; why shall he then marry with his niece, whose daughter he may not marry by the former rule? I will not determine between so reverend a divine & the canon laws, only I have written this, that such as have or shall hereafter have the reading of that treatise, may enter into consultation with themselves amongst themselves, why the elder Martin in this example should not marry with his grandfather's nieces nephews niece, and the younger Martin should marry with his grandfather's niece? only I may cite S. Ambrose, who affirmed plainly they might not 
Ambr. lib. 8. Epist. 66.  marry by the law of God: but Mr. Beza answereth that S. Ambrose affirmed this memoria lapsus, as much to say, as forgetting himself. To this I may cite another that writeth thus, Quia vero Beza, hanc juris canonici computationem ridet & improbat ideo sciendum & obseruandum 
joachim. a Beust in admonitione de grad pag. 230.  est quod in consistorijs harum terrarum (non obstante consideratione Bezae) computatio juris canonici obseruetur, & secundum eam pronuncietur: i. Where (saith he) Mr. Beza derideth and reproveth the computation of the canon law, it is therefore to be noted and observed, that in the consistories of these provinces of ours, the computation of the canon law must be observed, notwithstanding the consideration of Beza, and be pronounced after it.  
And so the computation of the laws of our land, spiritual or lay, must be observed, and be pronounced after them in these provinces of ours, notwithstanding the consideration of any.  
And this computation is natural: whereof more at large in the chapter of consanguinity hereafter. Thy ius primogeniti, thy father's inheritance, take it by the legal figure, it is lawful for thee, and number unto that, by that computation there, viz. Father, Son, 1. 2. and so in order in the residue. But seek not a wife by that computation, in the other that ensueth; namely the canonical figure, specially in the midst of the tree, thou hast no portion there: thou shalt not come near it, but touch it not in any wise: it is the kindred of thy flesh, yea, thy father's blood, which forced, he that cast out Adam from the garden of Eden, and set the cherubins there, and the blade of a sword, to keep the way of the tree of life, 
Gen. chap. 3.  hath said, That blood shallbe upon thee: and though thou tarriest (i. Thou diest not the death) because the 
Levit. chap. 20  judicial is gone, yet the moral law abideth, which thou transgressest, and never dwellest long in that seed, and thy father's inheritance together: for the Lord hath set a sword, to keep the way thereof, from that posterity.  
It cometh thus to pass that two legal degrees do make but one canonical: brothers (for example) reckoned after the secular laws in the second degree in legal succession; after the canons be numbered in the first, in causes of matrimony: their children (there) in the fourth, here in the second: (there) their nephews in the sixth, here in the third, and so descending still in the collateral lines (for otherwise they differ not) the 8 and 10 by the laws, the 4 and 5 by the canons, and so of the residue.  
These computations mentioned here before, not regarded in their several natures, wrought the confusion  
prosecute the example particularly.  
The Laws we have said of the Church and this Realm of England, be diverse in their estimation of Bastardy: that is, they repute it diversly. The canons distinguish here, Legitimation ensues (by the canons) a subsequent marriage, in certain cases they dispense: the laws distinguish not, they respect not marriages that ensue, they dispense not: nevertheless they disable not (the laws of the land) the legitimation by the canons in orders and priesthood: Adea vero quae pertinent ad regnum (after Mr. Bracton) 
n De acquirend. rerum dom. cap. 29  Non sunt legitimi nec heredes iudicantur, propter consuctudinem regni, quae se habet in contrarium: that is to say, Touching the secular judgements of this Realm, they be not legitimat nor judged to be heirs, for the contrary observed custom in this land. The Archdeacon (for example) of York 
o Cap. innotuit. De elect.  unlawfully first elected to that dignity in the church of Worcester, touched in his nativity, many things induced (especially concurring) his despensation in the Canons, viz. Literarum scientia, morum honestas, vitae virtus; fama personae, concors capitulielectio, petitio populi, assensus principis, suffraganeorum suffragia, humilis denotio confitentis, that is to say, His knowledge in learning, his honsty in manners, the virtue of his life, the report of his person, his agreeable choice of the chapter, the people's request, the prince his assent, the suffagranes voices, his own humility, which freely chose and humbly to acknowledge rather his defect, than he would Laesa ccnsci●tia, i. assume the pastoral office with a wounded conscience. To conclude, such be the laws and judgements of the church, their allowance such, & disallowance (by the laws of the land) as shall be their practice and excercise spiritual or Lay. 
p H. 8. Aa. 28. cap.   
To end in a word this general and obscure transmission to the ordinary, note by the way, what a subtle fallation ensued, viz. a certificate to the secular court, neither true nor false: for so, & verum rescribatur, & falsum, i. The ordinary may certify both right and wrong in diverse respects, for he may certify Mulier, that is to say him, a legitimate, and rightly too, to orders and dignities: but of the land, Bastardus, that is, To inheritance a bastard. This for the prejudice to the laws.  
Touching now the king, the prelates, his objection, their answer, their instance, and the nobles their conclusion at Merton, Crastino sancti vinccntij, i. The morrow after the feast of S. Vincent (there) the Archbishop of Canturbury, his suffagranes, and greatest part of the earls and barons of this land assembled to the Coronation of the king, and queen Alianour his wife, treating of the common wealth of the same, touching many articles that concerned both the king & the queen, to the which they were summoned all, this objection (termed in the statutes, The kings writ of Bastardy) amongst oath matters was handled, viz. Whether one being borne afore matrimony, may inherit in like manner as he that is borne after matrimony. All the Bishops answered unto this, That they would not nor could not answer unto it, because it was directly against the common order of the church, and all the Bishops instaunted the lords that they would consent that all such as were borne afore matrimony should be legitimat, as well as they that be borne within matrimony, as to the succession of inheritance, for as much as the church accepteth such for legitimate: and all the earls & Barons with one voice answered, That they would not change the laws of the realm, which hitherto hath been used and approved.  
Postea verò die iovis proximè post festum sancti Dionisij, that is to say, The thursday next ensuing the feast of Dionysius, the same year, the king in his court holden at Merton, and namely before the most reverend fathers the archbishops of Canterbury and York, the Bishop of Chichester, lord Chancellor then, the BB. of Duresme, Ely, Norwich, London, Bath, Excester, Carlisle, Hereford, Rochester, and many other honourable personages, provided when Bastardy should thenceforth be objected, in the kings secular court against any for such a cause (that is to say, Thou art a Bastard, and therefore, Because thou wert born before thy father and mother their marriage solemnized) there should be sent Loquela (as much to say, as that transmission we have mentioned) to the ordinary, to this effect, and in this form of words viz. That Inquisition be made whether such or such were born before spousals or matrimony, or not: and that the ordinary should certify again, the king in the same for me of words, without ambiguity.  

The use of this figure and ready understanding.  
THe use hereof is practised daily in inheritances, whose right descendeth Quasi ponderosum quid 
THE LEGAL figure  


The signification of the come passes and characters of this Figure.  
g Great uncles great uncles uncle. The son 〈…〉.  
h his, her, son daughter. 8  
i his, her, nephew niece. 9  
k his, her, nephews nieces son daughter. 10  
l his, her, nephew nieces nephew niece. 11  
m his, her, nephews nephews nieces nieces son daught. 12  
f Great uncles great uncle. The same aunt. 6  
g his, her, son daughter. 7  
h his, her, nephew niece. 8  
i his, her, nephews nieces son daughter. 9  
k his, her, nephews nieces nephew niece. 10  
l his, her, nephews nephews nieces nieces son daught. 11  
e Great uncles uncle. The same aunt. iij. 5  
f his, her, son daughter. iij. 6  
g his, her, nephew niece. iij. 7  
h his, her, nephews nieces son daughter. iij. 8  
i his, her, nephews nieces nephew niece. 9  
k his, her, nephews nephews nieces nieces son daught. 10  
l Great uncle. The same aunt. iij. 4  
e his, her, son daughter. iij. 5  
f his, her, nephew niece. iij. 6  
g his, her, nephews nieces son daughter. iiij. 7  
h his, her, nephews nieces nephew niece. 8  
i his, her nephew's nephews nieces nieces son daught. 9  
c uncle. Aunt. ij. 3  
d his, her, son daughter. ij. 4  
e his, her, nephew niece. iij. 5  
f his, her, nephews nieces son daughter. iiij. 6  
g his, her, nephews nieces nephew niece. 7  
h his, her, nephews nephews nieces nieces son daught. 8  
b Brother. Sister. j 2  
c his, her, son daughter. ij. 3  
d his, her, nephew niece. iij. 4  
e his, her, nephews nieces son daughter. iij. 5  
f his, her, nephews nieces nephews niece. 6  
g his, her, nephews nephews nieces nieces son daught. 7    eadens deorsùm, recta linea vel transuersali; never ascending again the way that it came, except it be à latere, propter defectum haeredum inferius provenientium: that is to say, Inheritance descendeth (like a weighty or ponderous thing, that falleth downwards) in a right, or collateral line, never ascending the way it came again, but laterally or sideward, for want of descending heirs. It is thus to be understood, ✚ is that person in this figure, whose distance in degree is demanded from every other peson in the same, upwards, downward, or collaterally, on the fathers or the mother's side; this is made manifest in the 6. chap. of this treatise, together with the order of numbering the degrees in either computation. Now for the signification of the compasses, (in this figure) and letters expressed in the same, as well great as small, this is expressed on the side of this figure, thus: viz. by the great letters, and the small that be linked unto them: for example, capital F. hath six little letters linked unto it, there is written over F. (the stock) what term it hath in consanguinity, after the laws, and what degree unto ✚ whose ascending stock he is; there is also written under every other little letter that is linked unto F. the term & degree it hath likewise unto ✚, whose colaterals they be: the same of every capital letter, and of their generations. This may suffice for the ascendants and collaterals; the descendants be declared in the figure.    

CHAP. III.  
The Transmission or writ of certificate to the Ordinarie-The Statutarie antecedents to the same.  
REx venerabili in christo W. eadem gratia Lincoln. episcopo salutem. Sciatis quod cum A. in curia nostra, coram nobis vel coram just. nostris peteret versus B. tantam terram cum pertinentijs in tali villa, idem B. venit in eadem curia, coram etc. et obiecit eidem A. quod nullum ius habuit in terra illa eo quod Bastardus est, quia natus antequam talis pater ipsius A. desponsavit matrem ipsius A. Et ideo vobis mandamus, quod convocatis coram vobis convocandis, rei veritatem inde diligenter inquiratis. viz. Vtrum praedictus A. natus suit antequam praedictus talis desponsavit talem matrem ipsius A. vel post, & inquisitionem quam inde seceris scire sacias nobis vel iusticiarijs nostris talibus, per literas vestras patentes teste, etc. The cause of this objection in this writ of Bastardy is Priority of the nativity to the spousels that ensued: the words therefore be (here) after Mr. Bracton omitted, that be inserted in the other that ensue, viz. Et quoniam huiusmodi inquisitio pertinet ad forum ecclesiasticum. For example, Rex talt cpiscopo salutem Sciatis quod cum A. peteret versus B. tantam terram cum pertinentijs in tali villa ut iu●sumu & idem. B. venerit in eadem curia & diceret quod fuit in seysina in eadem terra sicut de illa quaeh hereditary descendit de quodam G. patresuo cuius heres ipse est ut dicit, idem A. obiecit cidem B. in cadem curia nostra quod nihil juris potuit habere in terra illa petita quia Bastardus est, & natus de adultera, asserens se esse filium legitimum ipsius. G. heredem, & quoniam huiusmodi cognitio ad forum pertinet ecclesiasticum vobis mandamus quod (convocatis convocandis) etc. ut supra: the reason of difference is this, Transmission (there) is arbetrarie, necessary here: for (saith Mr. Bracton) Nihil pertinct ad judicem ecclesiasticum cognoscere de prioritate & posterioritate nativitatis eius cui opponitur Bastardia, cum sponsalia vel matrimonium hinc inde concessa sunt: that is to say, The spiritual judge hath no cognition (where spousals or matrimony be confessed on either part) of priority or posteriority of his nativity, to whom Bastardy is objected: with whom accordeth the tres-reverend judge, sir Robert Brooke, affirming it hath been tried by the country: where he distinguisheth between general and special Bastardy. The other Transmission, or rather in the other case, is necessary, because (saith Mr. Bracton) Non pertinet ad judicem secularem discussio, utrum sit ibi matrimonium vel non, The deciding of matrimony, or not, appertaineth not to the secular judge.  
To the common understanding of all, briefly, the writs we have mentioned immediately here before proceeded the one of them from this objection, viz. Birth or nativity before marriage solemnized: the other from this, viz. Issue of a colourable wife, an adulteress, a wife de facto, and not de iure, to him that is lawfully wedded to another, or haply to none: in our vulgar speech, and after the plainest fashion, a whore: more civilly after custom and common courtesy, a concubine, a leman, or such as was the woman of Samaria, i. A wife without a husband.  
But we must not (by the way) confound or seem to make all one the whore, the adulteress, and the concubine, so termed in the canons, scortum, maecha, amica, or concubina; they be verily distinguished (there) 
q 36. Q. 1. I. ex illa. Aliud est fornicatio: aliud stuprum: aliud a dulterium: aliud incestus: aliud raptus.  Per aliud, & aliud, by one, and another, that is to say, The whore is one, the adulteress another, the leman another, whose mislivings and misconstruction of my words together, may term them haply whore's all three: but note their difference, that is to say, The whore, her common request makes her a votoresse of single life, for she will not wed. The adulteress, of adulterium, as much to say, as ad alterius thorum, her propriety is her husbands, but her property her own: Now, the concubine is holden at the will of her lord. They be also distinguished by their offsprings, Manseres, Nothos, and Spurios. Hence sprang these verses in Latin: 
Manscribus scortum, sed moecha nothis dedit ortum,  
Vt seges à spica, sic spurius est ab amica.   
These Latin verses from the gloss I have rudely englished thus, viz.  
The whore doth manscr Bastard bring,  
The nothos baseth ' adulteress wife:  
As from the care the corn doth spring,  
The leman is base spurius life.  
AThird transmission ensueth to the court christian to this effect, viz. Rex tali episcopo salutem. sciatis quod cum A. in curia nostra coram, etc. peteret versus B. tantam terram cum pertinentijs in tali villa ut ius suum, idem B. venit in eadem curia & dixit quod predictus A. nihil juris clamare poterit in terra illa quia Bastardus est, eo quod C. pater suus cuius heredem se facit nunquam de sponsavit matrem suam, & quoniam huiusmodi cognitio de tali Bastardia obiecta ad forum pertinet ecclesiasticum, vobis mandamus quod (convocatis convocandis) coram vobis, etc. ut supra, Here they were the parties (by the objection of the adverse part) the parents namely of him or her to whom this objection was made, and from whence this writ proceedeth, affianced, betrothed, and contracted; they wanted only the Church's benediction. i. They were never solemnly nor unsolemnly married in the face of the Church, nor elsewhere: hereof more largely in the chapter of matrimony hereafter.  
The fourth and last transmission that we purpose here to treat of, is conceived in this form of words, viz. Rex tali episcopo salutem. Sciatis quod cum A. in curiae nostra, etc. peteret versus B. tantum terrae cum pertinentijs in tali villa ut ius suum, idem B. venit in eadem curia & obiecit eidem A. quod nihil juris inde clamare potuit quia Bastardus est, eo quod natus fuit per tantum tempus ante matrimonium contractum solemniter in fancy ecclesiae inter talem patrem ipsius A. responsum fuit a predicto A. quod natus fuit post matrimonium contractum inter patrem & matrem suam tempore interdicti, adhibita omni solemnitate que tunc potuit adhiberi. Et quoniam huiusmodi causae cognitio, etc. ut supra, Question was moved here of the nativity ratione interdicti ecclesiae: that is to say, Grounded upon the prohibition of the canons; hereof likewise in the chapter prohibition canonical: this may suffice for the writ or transmission to the Ordinary, and so we be come to the statutarie antecedents to the same. The occasion whereof was, a fraud objected in parliament, in 10 of king Hen. 6.  
This objected fraud was touched in general terms by Mr. Bracton in the reign of king Henry the third: for writing (then) of th'effect of legitimation, 
s Delegi● & consuet. ang lib. 5. tit de except. n. 17.  his words be these, viz. Effectus vero legitimationis probatae hic est, quod cum semel probata fuerit & indicium protali red datur in curia regis, semper quoad omnes legitimus erit, nisi in probatione interuenerit fraus, etc. said fraudulenter posset fieri inquisitto hoc modo, ut si quis plures terras vel amplus haereditates peteret à diversis, procurare poterit petens per fraudem, quod ab aliquo ipsorum ei opponeretur Bastardia, & it a pacisci cum eo, ne quid diceret in testes, & contra testificata: & sic fraudulenter probare possit legitimationem; & hic obtinere versus omnes: quod quidem esset iniquum: The effect (saith he) of legitimation is this; that once proved, and judgement thereof given in the kings Court, he shall be always reputed and with all men a legitimate, except there shall happen to fall out and be fraud in the proof, etc. But thus th'inquisition may fraudulently be made, that is to say, If one demandeth diverse lands, or ample hereditaments of diverse men, the demandant may procure by fraud, that Bastardy (by some one) be objected against him, and covenant therewithal that he excepteth not (at the time) against his witnesses, their persons, or depositions: and so he should prove his legitimation, but fraudulently, and consequently prevail against all the rest: but this were very unjust.  
This fraud how near it cometh to the objected fraud in the statutes, the readers may easily discern. But to our purpose, hence proceeded the Statutarie antecedents, mentioned to be handled in this chapter; to eschew as well such subtle disherisons, (if need should be) in that said case, as in other the like in time to come: touching therefore these Statutarie antecedentes, it was (by the advise and assent of the spiritual and temporal lords, as also the special request of the commons in that Parliament assembled) ordained and established by authority of the same, as followeth, viz. That from henceforth all judges of or in the courts, where any plea is, or shallbe depending, taken, or moved, in which Bastardy is, or shall be alleged against any person party to the same plea, and thereupon an issue joined, which by the law ought to be certified by the Ordinary, that the judges, or one judge, of, or in the courts where the said plea is, or shall be depending, taken, or moved (before the time that any writ of certificate pass out of the same court to the Ordinary, to certify upon the issue so joined, or to be joined) shall make a remembrance under their seals, or his seal, at the suit of the demandant, or tenant, plaintiff, or defendant in the plea, in which the Bastardy is or shall be alleged; reciting the issue that is joined in the same plea of Bastardy, and certifying to the Chancellor of the king of England for the time being, to the intent, that thereupon proclamation be made in the said Chancery by three months, once in every month, that all persons pretending any interest to object against the party, which pretendeth himself to be mulier, that they sue to the ordinary, to whom the writ of certificate is, or shallbe directed, to make their allegations and objections against the party which pretendeth himself to be Mulier, as the law of holy church requireth, and the said chancellor having notice of the said remembrance and issue joined, and required by the said demandant or tenant, plaintiff or defendant, having the said remembrance to make the said proclamation, as afore is said, the same chancellor for the time being, shall do to make proclamation in form aforesaid, and the proclamation so made, shall certify in the court where the said plea, in which Bastardy is alleged one other time shallbe depending, and that the judges of or in the court where the same plea is, or shallbe depending, taken, or moved, before any proclamation so to be made in the chancery, make one time such proclamation in the court, and also one other time, when the proclamation shallbe certified by the chancellor of England, and made in form above rehearsed; and then the said judge shall award the said writ of certificate to the Ordinary, to certify upon the issue so joined, or to be joined; and if any writ of certificate be made or granted before that all the proclamations in the form aforesaid be made, and certified, that then the the said writ of certificate, and the certificate of the ordinary thereupon made, or to be made, shall be void in law, and of none effect.  
Thus much touching the Statutarie antecedents, I have thought good to deliver verbally as I read and received the same from the Statute itself.   

CHAP. FOUR  
The Ordinary his office: and order in proceeding.  
THe court christian is possessed (now) of the cognisance, the secular Plea in suspense quousque, i. till return be made of the inquisition again: the Ordinaries office (in order) ensueth next: But first we will define the Ordinary, than his office, and show withal (as what) how manifold his office is.  
It requireth (this) a larger discourse, and every branch it beareth, than is convenient here, or possible to be related in so small a content; it is therefore reserved (this) to a treatise of itself, entitled The Ordinary, as life, health, ability, and other opportunities may finish it, only here, according to the nature of the process, and this cognition which is summary, it shall suffice to relate it summarily.  
The Ordinary is he, Cui à lege vel ab imperiali culmine competit ius dicendi potestas. i. 
t 2. q. 6. c. in iud: c.  To whom is power given, and authority from the law, or from the Prince, to render judgement: ad universaliter, i. universally. For there be many Ordinaries, according to the verse, Illustris primus medius, spectabilis imus, but such an Ordinary here (by the title of Ordinary) we must understand, that is to say, to whom is power given and authority, from the law, or from the prince, to render judgement universally, such be the BB. of every province: howbeit their jurisdiction is not (in this cognisance) ordinary, but delegata: such as the jurisdiction is, quae demandatur à principe specialiter ad unam, vel plures causas. 
v ff de iurisdict. om. jud. L. morte. de off. delegat. Quoniam. & Cap. super. & cap. pastoralis.   
The under or inferior Ordinaries, principally such as be surrogates abroad in exempted jurisdictions, we will not handle here, but else where, and there in their places, Hi enim levia tractant, i. Their jurisdiction consisteth in lighter matters, as did the potestates and defensores, Civitatum and municipales magistratus, 
x. Autent. de defensor Civit. ¶. nos igitur, & ¶. audient. Colla. 3.  whose cognisance exceeded not three hundred shillings. Latissimè patet, his office is exceeding spacious, it is interposed sometime in place of principal actions, as in case where auxilium ordinarium, i. relief 
Autent. eod. d. ¶. audient ff. de iurisdict. om. jud. L. fin.  by way of ordinary action is wanting, but where ordinary means may be had, there is no recourse to his extraordinary assistance, and this either at, or without the instance of any party, aut cis invitis, sometime it is interposed incidenter, incidently: it rejecteth sometime the action, sometime it detracteth from it, quandoque deseruit ei, i. It serveth other whiles the action, or subjecteth itself unto it: this we cannot prosecute here particularly. It is generally his office twofold, that is to say, Noble, or mere and mercenary, they differ thus, (these offices) viz. His noble office is that, Quod per se subsistit nulli actioni vel exceptioni deseruiens vel adhaerens, sed sui solius nobilitate gaudens, his Mercenary that, Quod adhaerit actioni, vel exceptioni, impotens stare per scipsum, unde famulando) deseruit alij, sicut faciunt mercenarij, that is to say, It subsisteth his noble office of itself, relying neither to action nor exception, but upholden only by the excellency of itself, the mercenary that, that serveth or subjecteth itself to the action, not able to stand of itself, but dependeth, (as mercenaries or hirelings do) so termed. Quia nomina esse debent consequentia rebus, i Names must be appliable to their things.  
Touching their jurisdiction, 
d Pet. de serr. in form. lib. in act. confess. proseruit. ver. Plenam & omnimodam. ll. ad haec utitur & auctoritatibus maximis, & plurimis.  the word comprehendeth generally merum & mixtum imperium: these be included in the offices we have mentioned here. It comprehendeth also, modicam cohertionem, or, simplicem jurisdictionem, as much to say as that quae commissa intelligitur, eo ipso, quod causae alicuius commissio demandatur: 
e Sparke c. de iurisdict. om. judicum. d●c. expedito. modica vero coertio.  such is the cognisance of the trial of Bastardy: that is to say, Committed to the Ordinary from the Prince.  
Hence his jurisdiction in this trial is not ordinaria (as I said before) but delagata: Nevertheless we repute him generally, namely the B. a perpetual and natural Ordinary. 
f Provinc ang. in glow. Lindw. ver. ord. .  
Here we will leave the Ordinary and his general office, and return to the point, viz. His office in the trial of Bastardy, and his order in proceeding there: but let no man understand (by order) the order judiciary, substantial process or regular solemnities required by the law: all which be discoursed in their places in the Ordinary, according to that part of policy, and manner of government of this land, & without which, a sentence or judgement hath no validity: for that were nothing else in summary causes, such as this cognition is, but to pervert order: we might speak of here plenary, and summary causes, their natures, cognisance, and difference; but because the argument will not endure herein their discourse at large, we will also amongst the rest leave them to the tractat of the Ordinary.  
Officium vero ordinarij: briefly the Ordinaries office is this, viz. Conuocatis convocandis, etc. that is to say, The parties summoned that be required to be called before him in this trial, in their presence then and either of them (if they appear) that he proceed to a diligent and summary inquisition according to the tenor of his writ, 
g Bracton.  the order and scope whereof the law comprehendeth in these words, viz. Summariè & de plano sine strepitu & figura judicij: that is to say, Summarily, plainly, sine strepitu, i. Without noise of advocates, such as was the finishing of salomon's Temple: wherein was neither hewing nor hammering heard. 
h Reg. 3. 6.  Figura importeth as much in judgement, as a perfect similitude or likeness doth in any thing else, i. The very apparent form, picture, and face as it were of judgement itself, framed of that substantial judiciary order, and process that we have mentioned.  
Hereof, viz. Of such summary causes, the plenary cognition was reputed in the end a wasteful prorogation, and grew to be in process of time both hurtful, and hateful. Such be the causes of Benefices, Tithes, Matrimonies, and Usuries: from whence sprang the constitution, 
i Dispendiosam.  in the canons Dispendiosam, in manner and form ordained as followeth, viz. Dispendiosam prorogationem litium quam interdum ex subtili ordinis iudiciarij observatione causarum docet experientia provenire restringere in subscriptis casibus cupientes: statuimus ut in causis super electionibus: postulationibus, vel provisionibus, aut super dignitatibus, personatibus, officiijs, canonicatibus, vel prebendis, seu quibusuis beneficijs ecclesiasticis, aut super decimis ad quarum etiam prestationem possunt qui tenentur ad eas premoniti censura ecclesiastica coerceri: nec non super matrimonijs vel usuris & eas quoquo modo tangentibus ventilandis, procedi valeat (de cetero) simpliciter, & de plano, ac sine strepitu judicij & figura: volentes non solum ad futura negotia, sed ad presentia & adhuc etiam per appellationem pendentia, hoc extendi.  
I must not omit the question and doubt that arose in those times, touching these words, summary, de plano sine strepitu & figura judicij: The question and doubt was great, the Decretal therefore entitled Sepe contingit, ensued hereupon, to manifest and explain the constitution, the question, and doubts. Sed adhuc per ipsum decretalem (writeth a learned doctor of the law) non fuit plenè consultum seu succursum auribus causidicorum: Neither (saith he) is that any marvel; and his reason is, Quia ipsorum natura ad lites querendas est inclinata: & semper cogitant lites ex litibus suscitare.  
The regular solemnities were abrogated in such summary causes, and reserved, so far forth, as they be mentioned to be in that decretal abrogated and reserved, and not otherwise. The judge is therefore freed from (in these cognitions) the observation of judicial order and form required in other causes in the body of the laws, Canonici and Municipalis. Nevertheless he continueth, as also the decretal forbiddeth not, that observation in judgement in these causes still that nature and natural reason ordained, citation 
k c. Pastoralis ext d●●ent. & re iudict.  (for example) is one: observed after the canonists in Adam, whom upon his transgression God called before him in the Garden, 
l Gen. 3.  Adam, Vbies? Where art thou Adam? etc. Another, though no regular libel, yet a petition or kind of narration is natural (at the least) Oretenùs: This was observed in the question of the women before Solomon: viz. Filius meus vivit, & filius istius mortuus est: 
m c. Afferte. de presumpt. Reg. 3. c.  As also in the woman before jesus, Mulier, ubi est qui te accusat? etc. Her accusation was here required. The exception also is natural (so termed) Rei iudiacatae, and the reason is, Ne sepius iudicetur in id ipsum: But other exceptions, such as rather tend to frustrate or delay the process, than inform the judge, be repulsed, as opposite (more) than agreeable to nature. The Sacrament or oath, so termed juramentum calumniae, Howbeit derived from the civil law, yet it savoureth so of natural equity, that it is retained amongst the rest; for this doth bridle the malice of contenders. The secret examination of witnesses, and regard of their depositions, viz. How they accord, and conclude, is another, observed in the Elders (before Daniel) against Susanna." These natural observations be familiar to our reverend Ordinaries, and their learned Officials, in their places, and the regular solemnities in theirs; it were to be wished they were as familiar to the residue, our rurals inferior and peculiar judges.  
But with these we have nothing to do in this trial: briefly our natural ordinary his Processus, i. His order, is this, viz. he proceedeth without solemnity either of Libel, or Contestationis litis: Ordinary vacations he respecteth not, ordained for man's necessities, dilations he abridgeth, cutteth off frustratory and frivolous exceptions and appeals, the multitude he represseth of witnesses, advocates, and proctor's, natural and just defences only he admitteth: urgeth the oath de calumpnia and veritate dicenda; Citeth unto sentence, and determineth his final decrec in writing. This is the sum of the Decretal, the substance of the text ensueth. viz. 
o Sepe contingit.  Sepe contingit quod causas committimus: & in earum aliquibus simpliciter ac de plano ac sine strepitu & figure a judicij procedi mandamus; de quorun significatione verborum à multis contenditur: & qualiter procedi debeat dubitatur. Nos autem dubitationem huiusmodi (quantum nobis est possibile) decidere cupientes, hac in perpetuum valitura constitutione sancimus, ut judex cui taliter causam committimus, necessario libellum non exigat, litis contestationem non postulet, in tempore etiam feriarum ob necessitates hominum in dultarum a iure, procedere valeat, amputet dilationum materiam litem quanto poterit saciat breviorem, exceptiones, appellationes dilatorias, & frustratorias repellendo: partium advocatorum, & procuratorum contentiones & jurgia, testiumque superfluam multitudinem refrenando, non sic tamen judex litem abbreuiet: quin probationes necessariae & defensiones legitimae admittantur.  
Citationem vero, & praestationem juramenti de calumnia velmalitia, siuè de veritate dicenda, ne veritas occultetur per commissionem huiusmodi intelligimus non excludi.  
Verum quod juxta petitionis formam pronunciatio sequi debet per partem agentis, et etiam rei (si quid petere volverit) est in ipso litis exordio petitio facienda: sivescriptis, sive verbo, acts tamencontinuo, ut super quibus positiones & articuli for mari debeant, possit haberi plenior certitudo, & ut fiat desinitio clarior, inserenda.  
Et quod positiones ad faciliorem expeditionem litium propter partium confessiones & articulos ad clariorem probationem usus longews in causis admisit, nos usum huiusmodi observari volentes, statuimus ut judex sic deputatus a nobis (nisi aliud de partium voluntate procedat) ad dandum simul utrosque terminum dare possit & ad exhibendum omnia acta & munimenta quibus partes uti volunt in causa; post dationem articulorum diem certam quandocunque sibi videbitur valeat assignare: eo saluo, quod ubi remissionem sieri contingeret pro testibus producendis, possint etiam instrament a produci, assignatione huiusmodi non obstante: interrogabit etiam parts siuè ad earum instan tium siuè ex officio, ubicunque hoc equitas suadebit: sententiam vero definitivam citat ad id, licet non peremtoriè partibus inscriptis & prout magis sibi placuerit stans, vel sedens, proferat: etiam si ei videbitur conclusione non facta, prout ex petitione & probatione & alijs actitatis in causa suerit faciendum. Quae omnia etiam in illis casibus in quibus per aliam constitutionem nostram vel alias procedi potest simpliciter, & de plano ac sine strepitu & figura judicij voiumus observari. Si tamen in praemissis casibus solemnis ordo iudiciarius in toto, vel in part, non contradicentibus partibus obseruetur, non erit processus propter hoc irritus, nec etiam irritandus.  
The incident question is now returned whence it came, and certified to the secular court: the ordinary Functus est officio suo, we leave the nativity therefore discussed, by virtue of the king's transmission, to the, censure of the secular judges, and descend continuing still our style (in nativities) canonically to matrimony and legitimate issue.   

CHAP. V.  
Of matrimony, and Legitimat issue.  
Our scope hath been hitherto tied to a limited jurisdiction, viz. The secular Transmission from the king: we have not therefore defined Bastardy, and so we deem it needless still, the legitimate issue may verily suffice for this: that is to say (as contraries do) the one to explain the other.  
But legitimat issue, let no man understand legitimate only, that is to say, such as be adopted children, for there is in such but a bare imitation of nature, neither have we use (in this land) of adoption nor arrogation, but natural and legitimat, that is the legitimate issue we speak of here, viz. Natural and Legitimate both: natural, so termed, Quia naturalitèr generati; legitimat, ex Legitima parentum coniunctione approbata per leges, that is to say, Natural, of their natural begetting; legitimat, of their parents lawful conjunction, approved by the laws: this is the issue of the body lawfully begotten, other issue hast thou none but Bastards.  
What shall then become of the issue sprung from Clandestine marriages? Clandestine marriages we call them Quae clam contrahuntur, that is to say, That be contracted so privily that they cannot be lawfully proved by witnesses, 
p C 1. & C. Cum inhibitio ext. de Cland. desp.  shall that be bastarded? I say not so without exception, but I counsel thee trust it not, for I assure thee, (howsoever the matrimony holdeth before God and the world) if the parties shall both of them acknowledge it, incurring only a corporal penance, and the clerk that shall celebrate the same, but 3. years suspension from his office, yet if the one confess it not, or that which is more, renounce the marriage, and the other prove it not, (for in this case the party is enjoined to prove that pleadeth the matrimony) 
q d. c. 1. Cland. desp.  verily proved, it holdeth, Coram Deo & Ecclesia, i. Before God and the congregation, otherwise, Coram Deo, qui corda scrutatur, etc. that is to say, Before God it shall stand; the searcher of the secrets of all hearts: but Ecclesia non judicat de occultis, It is too secret for the church to determine. Touching therefore this issue, to come to the determination of the church, i. The law of the church, Let us wade but a little further, and suppose by the way but that that falleth out indeed often times: viz. Thou contractest thyself and marriest (privily) with a woman, who afterwards contracteth and marrieth openly with another, whose wife shall she be?  
Touching the resurrection, our saviour Christ answered such a question to the Saduces 
r Mat. 22.  but thus the law doth answer this. viz. either it may (the Clandestine marriage) be proved, and then it shall prejudice the public ensuing contract, touching first the consummation 
s c. Quod nobis in sin. de Cland. desp. etc. quod nobis. qui fill. sunt legitimi.  of the public, if it be not consummated: next, it shall prejudice it, if it be consummate, touching the legitimation of children: but namely of such as be borne of the public matrimony, post receptionem ecclesiae, that is to say, After the Church hath received and published the Clandestine: 
t c. 2. Qui filsunt legit.  and not otherwise: For from the publication of the clandestine marriage, the public shallbe judged unlawful, but the issue not disabled of the public that is sprung before, 
u d. c. 2. Eod. tit.  though the marriage be dissolved afterwards: so this danger thou contractest withal, whosoever, that weddest thy wife in the dark: And more than that, if haply he beget her with child (as such mischances fall, whether before or after publication of thy marriage) so it be borne in matrimony, be advised whether the law (in favour of legitimation) groundeth not more upon thy possible excess, than the actual cohabitation of the other: presuming him an adulterer 
x Bald. in L. si à matre. Eod. de suis & legit. Ab. in c. accedens. de purge. Can. ext. ; consequently if thou verifiest not the proverb, my cow, my calf: the bull is not regarded.  
For touching the cohabitation of thy wife with an adulterer, whatsoever may be said in the canon and civil laws, consider (for more surety) after the laws of this land, whether thou art within or without the foureseas, at such time as the child be conceived. 
y Bracton. De leg. & cons. ang. lib. 1. c. 9 in fin. Brook. tit. Bastardy. n. 4.   
A second danger thou hazardest in Clandestine marriages, whether greater, less, or equal with the other, I will not stand to prove, but measure it, and take it as it is, viz. Thou tastest haply the forbidden fruit: Look more for this in the figures and declaration of consanguinity and affinity in the 6 and 7 chapters ensuing, there is pictured for thee the tree & the fruit: Well, thou tastest the forbidden fruit with good intent: for so the law intendeth thou hadst bonam fidem, if thou knewst it not: i. Thou tookest her not to be of kin, or at the least so near of kin unto thee: thy issue shallbe bastarded (here) by reason of thy Clandestine marriage: Nec de parentum ignorantia, ullum est habitura subsidium, i. Excluded quite from the benefit of their parents simple ignorance: of whom the law presumeth (in case of Clandestinitie) that they were not (thy parents) unwitting of their impediment, or affectors rather of that ignorance: howbeit otherwise, that is to say, contracted in the face of the Church, their ignorance had relieved them. 
z d. c. Cum inhibibitio ¶. Si quis. ext. eod. tit.   
Nevertheless understand this in issue that is had ante latam sententiam divortij, i. Before the sentence given of divorce: for so conceive withal, they must be divorced howsoever. 
a Si tamen infideles, qui secundum vetetis, vel propriae legis instituta, circa gradus consanguinitatis, vel affinitatis a canonibus notatos, coniuncti sunt, domino inspirant, conversi fuerint, matrimonium anteà contractum non erit post baptismi lavacrum irritandum: cum per sacramentum baptismi, non soluantur coniugia, sed crimina dimittantur. unde & proles indenata legitima censibitur. c. de infidelibus. ext. de consang. & aff. Haec instit. juris can. lib. 2. tit 13. si tamen. Lancelot.   
Touching legitimation, it is otherwise in these prohibited marriages, howbeit openly and solemnly had in the face of the Church where the parents be privy to their impediments. 
b d c. Cum inhibitio. eod. tit   
The like of him or her that marrieth a second husband or wife, living the first: 
c Bracton.  in which case also as in the other before, Solemnity, Clandestinitie, Privity, and Ignorance, have their effects accordingly.  
Here we may remember (and not without cause) the divorced husband and wife: but why do I term them divorced, if man & wife? or why man and wife, if divorced? do they not marry again with others (living the divorced)? they do, but they do not well therein; the positive laws of the Church be against it: and therefore I term them the divorced husband and wife, that is to say, divorced only a cohabitationè, i. From mutual dwelling and cohabitation together, and not (as some would have it) a vinculo, from the band of marriage, which is indissoluble.  
They may read in the Epistle to the Corinthians 
1. Cor. cap. 7  thus: Unto the married I command, not I, but the Lord; Let not the wife depart from her husband: but and if she depart, let her remain unmarried, or be reconciled to her husband: and let not the husband put away his wife. And again, Art thou bound unto a wife? seek not to be loosed: they answer, Except 
Cap. eod.  it be for whoredom: they say well; hereby they put her away: but do they marry (during her life) with another, by the same exception? When jesus had showed himself to his disciples at the sea of Tiberias, which was the third time he appeared unto them after he was risen from the dead, he communed there with Simon Peter, when they had dined, and signified in the end unto him by what death he should glorify God. Lord (said Peter) what shall this man do? meaning that disciple whom jesus loved so, & that leaned on his breast at supper. What is that to thee (saidour saviour) if I will that he tarry till I come? follow thou me. Then went this word abroad amongst the brethren, that this disciple should not die: yet our Lord said not, he shall not die, but if I will that he tarry till I come, what is that to thee? So, this is gone abroad, He may marry another: yet the Lord hath not said, He may marry another; no more than (when he spoke, Thou shalt not take a wife with her sister during her life) he said, Thou mayst marry with her sister, thy wife being dead: Basilius therefore answered unto this, Epist. ad Diodorum, Non temerè ex eo quod scriptum est, colligendum esse quod scriptum non est: that is to say, That that is not written, must not be unadvisedly gathered, from that that is written: no nor yet that thou shalt put away thy wife for whoredom art thou commanded to it, nor commended for it: nevertheless (for that) thou art permitted. Wilt thou be assured in this case, & walk where thou needest not waver, but ground thyself on faith indeed, 
August. in comment. suo ad ●. Cor. cap 7. & in Hom. 49. de adulteritus coniu●is. quae sententia allegatur in cap. ● Quemadmodum 32. Q 7. Idem tenet Hieron. ad damas praesbit. 〈◊〉 cap. omnes. D. 32. Q. 7. vid. Q. per totum, & con 〈…〉 allegat.  and so to be free from sin? Abstain, or else be reconciled: in no wise contract a new with any other upon divorce, & separation made by the judge for a time, the laws yet standing to the contrary. Besides diverse learned and most reverend Fathers and Counsels of the Church be against thee.  
But, Hinc illae lachrimae: These contracts we have mentioned, afford them the greatest favour the law presumeth for them: the Scandal remaineth yet a blot (in perpetuity) notwithstanding: for, Post secutam copulam & sufceptam prolem detectis quibusdam impedimentis, non sine gravi scandalo contracta matrimonia retractari oporteat. Marriages (that is to say) confumat with bodily knowledge and children, detected afterwards of certain impediments, without great offence, cannot be dissolved. 
d Glo. in sum. 30. Q 5 & can. Si quis 〈…〉 5●. His itaque. dist. 30 Q 5.   
A second offence ariseth exceeding this in a higher degree so termed, Reatus adulterij: as much to say, as the breach of the 6 commandment: and thus it falleth out, viz. Si alter coniugi● qui clam contraxerit coniugium negaverit (legitimis probationibus deficientibus) judicis sententia ritè fuerit absolutus; uterque alijs nubendo, incurrit reatum adulterij, i. If one of these privy contractors shall deny the matrimony, and consequently (for want of proof) be freed from the other by sentence of the judge, they incur either of them, by marrying unto others, the danger of adultery. 
e De clandest. desp. jud. juris Canon Lancelot.   
Hence it was provided, Consultissimè by the law, 
f C. 2. 30. Q 5.  ut nullus fidelium occultè nuptias contrahat. i. That Christians should not so privily make their marriages, but that the minister of the Church should against the consummation of the same, proclaim or publish (as we term them) the bans to this effect, that if any man or woman could allege any lawful impediment why such and such, etc. should not be joined in lawful matrimony, they should then allege it, etc. at the first, second, third, or last publication, etc. the minister is also enjoined, ut ipse investiget utrum aliquod futuro matrimonio obsistat impedimentum, as much to search, as in him may lie, if any obstacle (or not) may repulse the matrimony approaching. 
g D. c. cum inhibitio in princip. ext. eod. tit.   
This law is more precisely observed in other countries than in many parts of ours, especially our exempted jurisdictions, for there it will not serve, I mean where this observation is, to dwell a year or two in a place (having been a stranger else all the days of his life) to make him of that parish only where he dwells in respect of matrimony, if he contracteth there: but shallbe sent to seek the places whence he came, and letters testimonial from thence, namely from the ministers of those remote & far distant places, to testify of him, (touching marriage there) whether he be bound or free; Abbas reporteth this observation in his time, the which Panormitan relating, two learned doctors, of great authority of opinion is clear touching the mind of the letter of the law, that so it ought to be in such cases: and for mine own part, (Saluo semper meliori judicio) if the law be not such with us, it shall lie open to a manifest fraud, for what is that to Berwick where I was borne, and lived thirty years together, the bannes should be published two years after at Islington or S. john's parish, by London, where I dwelled and am dwelling, in the one and in the other, but two bare years, happily two months, yea why should not two days serve my turn? I fly from Berwick, & am entertained at Islington, where I rest a winter's night, and having contracted myself with my Mistress, or her maid, for some causes best known to ourselves, I take my leave honestly in the morning, & am entertained again fresh & fasting in S. john's parish, there I pray (the morrow after) publication in the parish church of matrimony, betwixt me and I know not whom, for my accquaintance was but small, yet I can name myself, my mistress (you must suppose her a widow) or her maid, or if my memory fails me, I have their names in writing; Islington is a common name known far and near, there dwells mine old mistress and my fellow, & there dwelled I for a long winter's night together: as for S. john's parish, I shall not need to charge my memory with it, it is sufficient I tender the bannes there, and say whose man I am; we shallbe thus denounced, my new wife and I together, at these two parishes, and my poor old wife at Berwick, shallbe never the wiser.  
This (saith Panormitan) he hath seen, De facto, in his time, and surely iniquity is riper in ours, yea rotten ripe, it is but needless to feign an example, for let him say that hath not seen, or credibly heard of, (in this age of ours) as great experience as this: and whence cometh it? verily, after Clandestine marriages always premised first, next from the inconsiderate examining the condition and state of the person, and certifying with the like discretion, and receiving their certificates together, whose bannes and marriage they publish and solemnize.  
This I could counsel them whom it concerneth in that behalf, to look unto, for two causes; the one, the open scandal that may ensue such marriages & contracts; the imminent danger the other, of the Canon; that pointeth at the world, this at themselves: the law hath Duplicem mentem, not a double meaning, such as is their excercise that fold them as they list, but the same understanding in both, the only difference is, the one is nearer, the other further off, viz Extensivam, and comprehensivam, of these in the tractat of the ordinary. In the mean time (touching the mind I have delivered here of the canon in Clandestine marriages) such as be disposed, and whom it concerneth beside, let them learn if they please, and sure it is worth the knowledge, whether it comprehendeth, or we have extended unto it.  
And touching Clandestine marriages generally, such be moreover said to be so, in which be omitted Solemnitates quas ecclesia de honestate requirit. 
i D. c. cum inhibitio. eod. tit.  that is to say, Such decent solemnities as the church hath ordained, as Publicum proclama, traductio in ecclesiam, benedictio sacerdotis, annulus, etc. Nevertheless they shall not, the defect of these, frustrate the marriages had, if no other impediment ensue, only it hindereth the consummation of the contract not had, and as we have said, they aggravate the pain, they be not otherwise reputed for substance, but decency, according to the text, Omnia decenter & secundum ordinem fiant etc. Nevertheless concurring with lawful impediments and detected (as in other cases of Clandestinitie) they disable also the issue. 
Glo. in d. c. cum inhibitio ver. Clandestina. eod. tit.   
Hostiensis, of no less authority than learning, concludeth generally that every matrimony had against the church's prohibition general, or special, expressed, or not expressed, shallbe deemed Clandestine & subject to the Canon. 
m Host. super c. cum inhibitio Pan. eod.   
Here I might speak of the prohibited times to marry, that is to say from the first sunday in advent, to the octaves of the epiphany inclusively, the first prohibition. The second from the Lxx. sunday, to the octaves of Easter inclusively. The third, from the first Rogation day, till the seventh of Pentecost, that is to say, till Trinity sunday: upon which day it is lawful to solemnize 
n De ferijs c. capellan. exc. ●●…nd. de dec. & oblat. ver. nubentium. .  
This hath been, and is the observation of the Church at this day, namely to suspend in these times not the beginning, nor ratification of matrimony, 
o Patrimonium initur. per sponsionem, ratificatur per consensum, consumatur per copulam.  but the accessory solemnities only, and the consummation of the contract; neither can I find it so strict, this temporal prohibition, as it is (for the most part) interpreted to be, for thus I find it qualified, viz. Haec autem servanda sunt, si uxor consensum adhibere volverit, the gloss addeth & contra: that is to say, This abstinence taketh place, if the wife shall consent thereunto: and likewise if the husband, for they have not power of their bodies in themselves, but either over other in due benevolence: this the canons term Debitum coniugale, wherein they be prohibited to defraud one another, except it be by consent for a time 
q 1. Cor. 7. 3. 4. 5. ; no reason then the Church should defraud them both. Let me not offend, in showing the significations I have read of these prohibited times to marry, leaving the same unto them, that best be able to judge them.  
The time of Aduent, represented Tempus absentiae sponsi, i. The absence of the bridegroom, in the which his spouse most of all desireth, Aduentum, i. The coming of her husband, and which she importuneth daily. This she inquireth of passengers too and fro, abandoning all delights, so saith a father, Sponsa ecclesia tempore adventus querit in lectione prophetarum quos tunc legit & qui de hoc certam habuerunt revelationem: Ideo in memoriam sponsi absentis, sed desiderati, ecclesia tunc temporis ordinat filios suos a nuptijs abstinere. The spouse (saith he) the Church, even seeketh so this time, the coming of her bridegroom in the Prophets, which then she readeth and who have had thereof certain revelation; and therefore she hath this time of Aduent in remembrance of her absent, but most desired bridegroom, ordained that her sons should abstain from marriage 
r Itinerar. Paradis. de mat. ser. 2. .  
The second prohibition represented Tempus luctus in quo lugemus casum Ad●…: & casum nostrum in ipso. The second prohibition, that is to say, the time of lent, it represented a time of mourning; wherein we bewailed the fall of Adam, and (in him) our own: and the dangers consequently herein we have fallen into. We should not therefore in these dangers rejoice, but lament rather and pray: it hath not therefore in this time, the Church, wherein she bewailed her sins, in dread of such imminent dangers, given liberty to her children to marry.  
Here they have inferred, that Noah whilst he was in the Ark, knew not his wife, nor his sons theirs; but lived there apart, yea and all other creatures beside, both male and female: for having continued in the ark, by the space of a year, they are not read any of them to have multiplied. Again the scripture 
s Gen. 7. 7.  speaking of the entrance of Noah into the Ark mentioneth it thus; Noah entered, and his sons: and afterwards (as though they went apart) and his wife, and his sons wives: but otherwise of his going forth, viz. Go forth of the Ark, thou and thy wife, and thy sons & thy sons wives with thee: 
t Gen. 8. 16.  So that the words which were in their entrance used apart; were used together in their going forth. Hence Hierome writeth upon Zacharie, Temporibus tribulationis & luctus non debere sapientem inserutre operibus nuptiarum, that is to say, That they ought not, the acts of marriage, to be yielded to (of him that his wife) in the times of tribulation and mourning.  
Plangent terrae, etc. And the Prophet 
v Zecharian. 12  writeth thus of the siege of judah against Jerusalem. In that day shall there be a great mourning in Jerusalem, etc. And the land shall bewail, every family apart: the family of the house of David apart, and their wives apart; the family of the house of Nathan apart, and their wives apart; the family of the house of Levi apart, and their wives apart; the family of Shimei apart, and their wives apart: all the families that remain, every family apart, and their wives apart.  
The third prohibited time, including the Ascension and Penticost, (hereunto were added the 8 days after Easter) represented Tempus glorificationis, wherein (saith the Lord) 
x Luke 20. 36.  we shallbe Sicut angeli Dei, i Equal with the angels of God, which neither marry, nor are married. Briefly, the first prohibited time mentioned here, represented the time of reconciliation: the second of tribulation: the third of glorification.  
This for the prohibitions (I have read) of the times; but where we have mentioned De legitima parentum coniunctione approbata per leges, in the beginning of this chapter, that is to say; Of the lawful conjunction of man and woman approved by the laws: it resteth of the prohibition of the persons: for so we shall judge of lawful conjunctions, and so of lawful issue. And touching these persons sithence they be in dearness in themselves, discerned by consanquinity, and affinity; & consequently whether prohibited (there) to marry or not, we have next declared consanguinity and affinity in their orders, to manifest the prohibitions the better.   

CHAP. VI  
Of consanguinity or blood: the figure and declaration thereof.  
Consanguinity is a bond or link of persons descended of the same stock, derived from carnal propagation: so called, Consanguinitas, quasi sanguinis unitas: That is to say, Consanguinity of the unity or community of blood. 
y Io. And. in decla. arb. consang.  And this, whether it be lawfully contracted or otherwise: that is to say, Carnal knowledge and issue had in fornication, equally contracteth consanguinity with matrimonial knowledge, touching the prohibition of marriage. 
* De preb c. per tuas. 28. 11. 8. c. 7 statute.   
Now to discern priority or nearness in blood, two things must be regarded principally, so called, Linea, and Gradus: as much to say as the line and degree: whose uses the figure here ensuing shall declare at large, viz. to be the one of them, namely the line that, that gathereth together the persons, containing their degrees, and distinguishing them in their numbers, this is called Collectio personarum: the other the state or condition of the distant persons, showing them how near they be, or how far asunder (in themselves) from their common stock, or either from other: This is called Habitudo distantium personarum: & dicitur gradus ad similitudinem scalarum graduum, siuè locorum procliutum, quia ita gradimur de proximo ad proximum. 
z L. jurisconsultus. ft. de arb. aff.   
It is also to be noted, this line to be threefold; that is to say, Ascending, Descending, and Collateral. 
a L. 1. aff. de grad. aff. c. 1. 26. Q. 5.   
The ascending line is from me to my father, to my grandfather, great grandfather, and so upwards: in this figure from ✚ to A. B. C. D. Contrariwise, the descending line from me to my son, nephew, his son, downwards: in this figure, likewise from ✚ to a. b. c. d.  
The collateral line is placed on either side: this is also noted to be twofold, viz Equal & unequal. The equal colleteral is that, where equally they differ, the persons, from their common stock: as brothers and sisters be equally distant from their father, as also be brothers & sister's children from their grandfather.  
The unequal, where one precedeth or goeth before or after another, such be brothers, and their brothers or sister's children, and others apparent in this present figure, as also in the Legal figure before, easily discerned by their equal or unequal distance, by relation from themselves to their common stocks. Common stocks understand such as be placed in this figure from ✚ upwards in the ascending line, A. B. C. D. there is proceeding from these, on either side, a generation manifest in this figure; such be Collaterals, equal or unequal, distinguished by their places: for example, Let us make A the first stock in the ascending line, for so it falleth out by order and course of nature, ✚ is descended from him, who pointeth at his equal collaterals b 1. b 1. on either side: behold then the descent from b 1. is c 1. from thence d 1, from thence e 1; now b 1 is in the first degree to ✚, c 1 in the second, d 1 in the third, e 1 in the fourth; these be all from the stock A. viz. b 1, c 1, d 1, e 1, collaterals unto ✚, i one equal on either side, at whom he pointeth equilaterally, namely b 1; the other three unequal, each further distant from him than other: for so they exceed (first) the equal collateral line of ✚, and next they exceed themselves in descending as they go.  
The second stock is B, A is descended from him in this figure, and c 2. on either side: from c 2. is descended d 2, from d 2 e 2, from e 2 f 2. B is here in the second degree ascending unto ✚, and b in the second degree descending unto him, unto whom upwards and downwards he pointeth directly, he pointeth also at d2. and d2. collaterally, these be all from the stock B. viz. c2. c2. d2. d2. e2. e2. f2. f2. collaterals unto ✚ as the other were in the stock before, that is to say d2. and d2. equals, c2. and c2. extend not to his line, and e2. e2. f2. f2. exceed it. Here is likewise one equal collateral unto ✚ on either side, & three unequals, exceeding (as the other did) themselves, in their descending as they go.  
And they be thus in degree unto ✚ viz. c2. and c2. in the second degree, d2. and d2. in the same second degree, e2. and e2. in the third, f2. and f2. in the fourth, not increasing in the collaterals from the stock till they exceed the equal collateral line of ✚, such be from the first stock c1. d1. e1. which increase in every person, from the equal line unto ✚ one degree.  
Such be also from the second stock e2. f2. from the third stock g3. The fourth generation determineth in this figure at the collateral equal line, viz. h4: from the fourth and last stock in the fourth degree unto ✚. This is after the Canons, and not the secular laws, whose reason and difference we have handled in the second chapter before, nevertheless it shall not be superfluous to deliver (as they term them) such Magistral rules as the authentical masters, fathers and doctors of the law have determined in these lines to distinguish as well the degrees, as to show the difference we have mentioned between the laws and the Canons, the first whereof is this, viz.  
In the right or strait ascending and descending lines, how many persons there be (computation had 
The first rule  of themselves & the persons that be placed betwixt them) whose distance is demanded, substracting but one, there be so many degrees. For example, if 
una dempta.  thou wilt know how many degrees D. differeth in this figure from ✚, thou shalt find (with themselves and those together betwixt them) five persons, conclude there be four degrees, and that they differ consequently, ✚ and D, either from other, in the fourth degree.  
The same conclusion is of ✚ and his descending d. for there be numbered likewise five persons, and so concluded four degrees.  
If thou wouldst know how they differ, D. from d, thou shalt find there be numbered nine persons, conclude eight degrees, & that they differ consequently D. and d. either from other in the eight degree: the rule holdeth in this line in the residue, all one here after the laws and Canons, only their difference is in the Collaterals, whose Magistral rules be these, viz. Collaterals in the equal line, how many persons 
The second rule.  there be from either of them to their common stock, so far they differ either from other; from ✚ (for example) to D. there be four persons, from h4. likewise to the same stock D, be four persons, ✚ and h4. shall differ therefore, and be distant from themselves in the fourth degree. This is after the Canons.  
After the laws it is otherwise, viz. collaterals in the equal line, how far they differ either of them from their stock in number of persons, in that number doubled they be distant from themselves; this is apparent in the Legal figure, in the 2. Chap. before, for example, ✚ in that Legal figure differeth as it doth here in the same number of persons from D and from h 4 to the same D there, there be numbered likewise four persons; either of these numbers doubled from the persons to their common stock, that is to say, either from ✚ to D, or h 4 to the same D, in that Legal figure maketh the number of eight: so many degrees shall the persons be a sunder, and this diversity ariseth as we have touched in the 2. Chap. before, in that every person addeth a degree in the collaterals, after the laws: as two brothers make two Legal degrees, which after the Canons do make but one. Their computations be divers, as also their causes be divers, whose reasons and difference we refer to the said 2. chapter before, only this difference we may note in this place, because it is not mentioned there, viz. In the equal collateral line, whether the line consisteth of even or odd numbers, the degree falleth always out (in number) to be even, after the laws: this may be seen in the Legal figure in the 2. and 4. and 1. and 3. stocks there, for 2. make 4. and 4. make 8. in the equal collateral line, as also do 1 make 2, & 3, 6, in the same collateral line: this appeareth in this Canonical figure otherwise, for 1 maketh one, 3 three, 5. five, etc.  
The rule remaineth now to be spoken of, touching 
The third rule.  collaterals in the unequal line, which after the Canons is this, viz. Collaterals in the unequal line, how far they differ (the furthest of them) from their stock, so far they be either of them distant from themselves: for example, D is the stock to ✚ and f4 in this figure, to know their distance in blood, we must make our computation from the furthest: this appeareth in the figure to be ✚, which differeth in the fourth degree from D, so many degrees therefore shall he differ from f4 and consequently ✚ and f4 either from other. The same in the other descending collaterals unto ✚, Vsquè ad lineam aequalitatis: that is to say, The same computation that is had from ✚ to the said common stock, the same computation shall hold between ✚ and every descending person from the same stock collateral unto ✚, even to his equal collateral line: for they increase not (as we have said before) one degree unto ✚, till they shall have exceeded his equal collateral line.  
This (if we prosecute our example in the same stock, D) shallbe manifest: for ✚ differing from this stock in the fourth degree, differeth therefore from e4 in the fourth degree, from f4 in the fourth, from g4 in the fourth: and from h4 in the fourth. Hence it is holden an infallible rule in the canons, that a person begotten, begetteth not a degree, till the equal line be exceeded: and then (and not before) they increase in every added person.  
It is otherwise after the legal computation, for after the laws it is thus: viz collaterals in the unequal line, how many persons there be, (substracting the stock) so many degrees. This appeareth in the same stock and persons that we supposed in the canonical computation before: for ✚ differeth here (as there) from D in the fourth degree: but e 4 (here) in the fift, f4 in the sixth, g4 in the seventh, and h4 in the eight, and so every person without exception (after the laws) doth increase a degree. I refer thee for example to the legal figure.  
It shallbe needless to prosecute every particular stock in this figure at large, for the same reason holdeth 
This figure is placed at the end of the next chapter here ensuing: together with the figure of affinity there. Secundum, joh. An.  of those we have touched, and the residue: We leave them therefore (with this relation) to the figure ensuing here of Consanguinity, descending to the figure and declaration of affinity, according to our promised order.   

CHAP. VII.  
Of affinity or alliance by marriage. The figure and declaration thereof.  
Affinity is (after the Laws) personarum proximitas proveniens ex justis nuptijs: as much in effect, as a nearness of persons proceeding from lawful marriages 
a Non facile. ¶. affines. & ¶. sciendum ff. de grad. affinit. : for so it is contracted, and not otherwise, after the civil laws: howbeit the canons have and do also, respect affinity in this place, as we have mentioned of consanguinity in the chapter going before, that is to say, Equally contracted in matrimony, and otherwise 
b De prob. d. c. per tuas. statut. praeal. H. 8. Anno. 28. c. 7. : for after the canons, it is (Affinity) personarum proximitas ex quocunque coitu proveniens: owni carens parentela, A ncerenesse of persons proceeding from every carnal knowledge, without any manner of parentage, or ancestry. And of that affinity we speak of here: so called (Affinitas) quasi duorum ad unum finem unitas: As much to say, as an union or consolidation of two, viz. that be diverse in one: for so they be, diverse kindreds, by marriage or other copulations conjoined.  
By this, it is contracted (Affinity) two manner of ways; First by lawful marriages; next by unlawful knowledge 
c c. Discretionem. c. penult. ext. de eo qui cog. consang. ux. suae. : And hereof there be three sorts or kinds. The first is contracted thus, viz. My brother & I be Consanguins in the first degree, he taketh a wife, her they call Personam additam personae per carnis copulam, as much in effect as, a person added to another by carnal or fleshly knowledge: this is the first kind of affinity, contracted by means of my brother; that is to say, between his wife and me: and the first degree: for thus they be (the kinds and degrees) discerned in affinity, viz. By the persons that be in consanguinity or blood, nearer or further off: distinguished in the figure before, by their several distance. For example, my brother is the first degree to me in consanguinity: his wife in affinity: my brother's son, in the second: his nephew in the third: his nephew's son, in the fourth, they in consanguinity: their wives in the same degrees; second, third, or fourth unto me, but they in affinity: they altar verily attinentiam, these added persons: that is to say, They attain not to (in me) by their addition that, that I have attained (by blood) in the persons they be added unto: for herein (that is to say, in attinencie) we be distinguished by consanguinity, and affinity: briefly (that I may use the terms) my brother is my consanguine, his wife my affine, only they retain and participate with me the degree, be it first, second, third, or fourth, that I have with the persons they be carnally known by, the which they altar not.  
Consequently they shallbe, every person in consanguinity to my wife, in affinity unto me; in what degree in the one, in that degree in the other; but always in the first kind, be they brother, sister, nephew, niece, or any other person mentioned in this figure: for note, it containeth not (this figure) but only affinity in the first kind, and that to the fourth degree: forasmuch as the prohibition of marriage, by the canons (now) exceedeth not the same in kind, nor degree. 
d c. Non debet consan. & aff.   
It shallbe necessary here, we further declare the force and operation of affinity (touching this prohibition of marriage) that is sprung by unlawful knowledge, either in matrimony, or without: for so it may be as unlawfully contracted in the one, as in the other; as if Titius shall have knowledge with Berta, whose mother he marries afterwards, and knows her likewise carnally, in this case shall Titius be divorced from Bertas mother, and prohibited to contract with Berta herself; and the reason is, Titius shall not dwell with the mother whom he married, because he contracted affinity with her before, in his knowledge had with her daughter. And he shall 
Stat. anno 28. Hen. 8 cap. 8. verse, and further to dilate. etc. Haec etiam per can per issin. i juris.  not marry with Berta, because he contracted affinity also with her, in his knowledge had with her mother: and therefore (in this case) the first affinity dissolves the marrimonie had with the mother: the second hinders the matrimony to be had with the daughter.  
Briefly thus the law considers in these cases, viz. which goeth before, or followeth, the affinity, or the contract; if affinity, than the contract is disabled that is had afterwards; but if the contract, that affinity prevaileth nothing that is subsequent. We shall not 
C. discretioneme. tuae, c. fin. de eo qui cog. cons. uxoris suae.  greatly seem to digress from our purpose briefly to rehearse the other two kinds of affinity, if but to distinguish the later from the repealed Canons: for note, the prohibition also extended unto them 
e 35. Q. 3. c. de affinitate, & ext. de cland. desp. c. inhibitio. .  
The second kind therefore of affinity is this, viz. Ad to the first kind thereof a person carnally, as to thy brother's wife (supposing thy brother to be dead) a second husband, a second husband I term him, in respect of thy affinity with her; for happily she had uttered a double second before, with these thou hast nothing to do, but this second to thy brother, more properly thy brother's successor, is the second kind of affinity unto thee 
f 35. Q. eod. de propinquis. .  
If thou wilt have the third briefly, it is this, ad to thy second affinity a person likewise carnally, as to thy brother's wives husband (supposing her to be dead as thy brother was before) another wife this is, Quid pro quo, one for another, merrily englished. For a reed a Ram's horn; but in earnest take her and thy third affinity together.  
So it is said to be Primum genus, i. The first kind of affinity, Quia primo emanat de consanguinitate: vel quiae (una persona mediant) contr ahitur. Secundum, i. The second kind of affinity, Quia secundo loco emanat, post primum, vel quia duabus personis mediantibus contrahitur. Tertium, i. the third kind of affinity, Quia in tertio loco, vel quia (tribus personis mediantihus) emanat.  
The effect we have explained hereof, in these three several kinds already, briefly they be so called, the first of one, the second of two, the third of three; but we prosecute only the first, for the other we have related them to manifest the better this first, as also to give a light (as I have said) of the former Canons, and otherwise they have no being here.  
Touching therefore this first kind of affinity, it is to be noted, and so it may be gathered by that we have said before, viz. It is contracted inter sponsum & consanguineas sponsae, and again, inter sponsam & consanguineos sponsi, as much to say, It is contracted (this first kind of affinity) reciprocally, i. between the husband and consanguines of the wife; and è converso, between the wife and consanguines of the husband, howbeit between the consanguines themselves, by this marriage, there is no affinity contracted, more than was between Hobson and jobson, by looking through a hedge when they spied one another: somewhat nearer, but Hoc aliquid nihil est, i. so far from this attinencie, that it hath no consequence at all.  
Hence it is that the father and son may contract and consummate marriage with the mother & daughter, as widows & widowers do; & may do, & their sons and daughters, such as be so provided for their children, when they covenant for themselves: hence may also two brother's contract and consummate marriage with two sisters 
g C. quod super his ext. de cons. & aff. , the like of the uncle and nephew 
h C. r. & 2. eod. tit. xxxv. q. v. sanè. .  
Many attinencies may hereby be sprung between the same persons: this may be seen in children of divers families, that be sons either of them to their mothers; to their husbands, sons and brothers; and uncle and nephew, to themselves. And thus it falleth out, I marry a wife that hath a son that marrieth with my mother, term me (for examples sake) Ambrose; my wife, Marry, who had to son Theodor, who married (as I did his) with Martha my mother; I have issue Peter; he hath issue john: these attinencies happen (here) between Peter and john; for first, sons they be reciprocally, that is to say, to their mothers, john to Martha, mother to Ambrose; and Peter to Mary, mother to Theodor; and so they be sons to their husbands; john to Theodor, Peter to Ambrose; brothers to the same, i. either to others father; john to Ambrose, father to Peter; Peter to Theodor, father to john: for so it is in this example, john and Ambrose had one mother, Martha; and Peter and Theod. the same mother, Marry; hence they be brothers, Peter is therefore john's brothers son; and john, Peter's brother's son; consequently john shallbe uncle to Peter, and Peter uncle to john; how they be nephews it followeth by this. Conclude them therefore briefly, each others mothers son, each others fathers brother, each others uncle, each others nephew. The figure may be form, as followeth in the page next ensuing.  
Peter. mary. had T. O. son Theodor. who married with Martha.  
john. Martha. had T o son. Ambros. who. married with mary.  
The computation it hath of degrees, (I mean this affinity) it borroweth of Consanguinity before, Non habet suam specialem computationem graduum, It hath no computation of itself in degrees; this we have sufficiently mentioned in this chapter already, only we may describe the figure, the better to conceive it form.  
First there be placed in the same (in the midst) four compasses with several superscriptions, viz. In the first, the first degree, in the second, the second degree, in the third, the third, & in the fourth, the fourth.  
On the right side to these be placed likewise four compasses, written in the first, brother; in the second, brother's son; in the third, brother's nephew; in the fourth, brother's nephews son: again on the same side of these be placed four other compasses, written in the first, brothers wife: in the second, brother's sons wife: in the third, brother's nephews wife: in the fourth, brother's nephews sons wife.  
On the left side of the first four middle compasses, be placed likewise four other compasses with several superscriptions, viz. In the first, sister: in the second, sister's daughter: in the third, sister's niece: in the fourth, sister's nieces daughter. Likewise on the same side of these, be four other compasses, and written in the first, Sisters husband: in the second, sister's daughters husband: in the third, sister's nieces husband: in the fourth, sister's nieces daughter's husband.  
There be added (to these) two other compasses, on the rightside one, on the left side another: the rightside compass, containeth; Brothers wives husband: the left, Sister's husbands wife. In these the doctors agree they be added for ornament and demonstration beside, of the not prohibited kinds (in affinity) to marry at this day, they are not otherwise of the substance of the figure.  
There be yet observed two bending lines; one beginneth at the compass of brother, and endeth at the compass of sister's husband: wherein is written; The first kind of affinity prohibited at this day to marry.  
The other beginneth at the compass of sister, and endeth at the compass of brother's wife: wherein is written the same. This form was first invented, as also the figures of consanguinity (before) by the famous learned doctor, johan. Andre. and authentical in the canons 
i Can. Isidor. & Alex. 35. Q. 5. c. 1. 2. & vlt. : for after divers contentions in his time had, touching the natural form of the figure, and the description thereupon of johan. de Deo. Hispan. who seemed by his metrical rules, to open thereunto the right understanding indeed, howbeit the multitude of the same, and obscurity he begat in his rules and verses, brought forth another effect: Attendens ipse johan. Andr. For so he writeth of himself, Antiquorum scripta, etc. Recounting with the canons, the ancient and authentical writers, he composed it: handling therewithal these three points beside amongst the rest, viz. The necessity of it: the authority: the often repetition.  
For the first, Probatio ad oculum: as much to say, as an eye witness: the necessity of it appeareth both in the laws and canons; this we have touched in the second chapter before. For the second, the canons we have cited here already of Isidor. and Alexander, viz. 35 Q. Cap. 1. 2. & vlt. may suffice. And for the third, that I may use my learned authors words: nomini venit in dubium: id satis esse validum, satisque famosum, quod repitita lectio probat: Let this suffice for affinity: the figure whereof ensueth.  
THE CANONICAL FIGURE OF CONsang.  


Great grandfathers father. The same mother. iiij D 4  
e Great uncles uncle. The same aunt. iiij. 5  
f his, her, son daughter. iiij. 6  
g his, her, nephew niece. iiij. 7  
h his, her, nephews nieces son daughter. iiij. 8   

Great grandfather, Mother. iiij C 3  
d Great uncle. The same aunt. iiij. 4  
e his, her, son daughter. iij. 5  
f his, her, nephew niece. iij. 6  
g his, her, nephews nieces son daughter. iiij. 7   

Grandfath. grandmo. ij B 2  
c uncle. Aunt. ij. 3  
d his, her, son daughter. ij. 4  
e his, her, nephew niece. iij. 5  
f his, her, nephews nieces son daughter. iiij. 6   

Father, mother. j A 1  
b Brother, Sister. j 2  
c his, her, son daughter. ij. 3  
d his, her, nephew niece. iij. 4  
e his, her, nephews nieces son daughter. iiij. 5    

THE FIGURE OF AFFITIE.   The fist kind of affinity prohibited at this day to marry. The first kind of affinity prohibited at this day to marry Thesbe be added for ornament only and demonstration of the kind of affinity but they be not prohebited to marry. first deg. brother. sister's husband sister. brother's wife brother's wives husband sister's husbands wife. second deg brothers son. sister's daughters husb. sister's daughter brother sons wife   third deg. Brother's nephew Sisters nieces husband Sister's niece. Brother's nephews wife   four deg. brother's nephews son. Sist. nee. daughter husband Sisters nieces daughter bro. nep. sons wife    
This figure showeth only the first kind of affinity, in the first collateral descendants, by carnal addition, that is to say, to thy brother a wife, tothy sister a husband, and so to the fourth degree.  
The same affinity thou hast that is to say, in the first kind, by the same addition, to every other person in this figure of consanguinity.  
The degrees shall be more or less, according to the distance of the persons they be added unto: but always in the first kind, the which the prohibition of the Canons at this day exceedeth not.   

CHAP. VIII.  
Of the Prohibition Levitical.  
HAc itaquè consuctudine quae ab ipso exordio humanae propagationis originem habuit, quam nulla lex contra iubendo evacuaverat, excusantur Abraam, Isaac, & jacob, & ceteri qui de propria cognatione ducebant uxores 
a 35. q. 2. & 3 c. igitur. §. hac itaque. . The question of their ages provoked (in their times) the makers of the positive canon laws to answer such objections had against the patriarchs and others that had married in their kindreds and tribes of the families of their fathers. They concluded (therefore) they were excused (Abraham, Isaac, and jacob) by that custom that had grown from the beginning of human propagation; and that, which no law (then) had abolished.  
The premises, or reasons that they used (before) were these, viz. They were not prohibited 
b d. c. cum igitur: in princip. : that Idolatry might be avoided 
c Eod § est : that the Church might be instituted in the peculiar people of God 
d Eod. § autem. . Deus enim 
quamuis.  sic ab initio salutem humani generis dispensavit, ut primitivam ecclesiam in illo populo institueret, qui sibi carnis consanguinitate erat propinquus: Hence the Apostles were chosen first of the jewish nation, whom God appointed (then) the foundation (as it were) of the Church. Deinde (in cecitate suae perfidiae judaica plebe relicta) It was translated afterwards (the preaching of the gospel) unto strangers: Tam fide, quam cognatione carnis à Christo: Despising as it were the company and conversation of his consanguine, chose him a wife of another family: fulfilling these prophecies 
e Oseae. c. 4 Isaiah. 5 c. : In peccatis vestris dimisi matrem vestram quasi adulteram & repudiatam, etc. Vocabo plebem meam, non plebem meam. The canons have enferred hence, that they were permitted first (these marriages) but now prohibited.  
What the Lord commanded concerning the daughters of Zelophehad, Mahlah, Tirzah, Hoglah, Milah, and Noah, they did; that is to say, they married to their father's brothers sons 
f Nomb. 36 .  
But this was after the commandments and laws which the Lord had commanded by the hand of Moses unto the children of Israel in the plain of Moab by Iorden, towards jericho: these be handled more at large in the table at the end of this treatise, Sect. 8. 
Vide tab. sect. 8  we leave them therefore here, and to our purpose, the Levitical prohibition, viz.  
6 None shall come near to any of the kindred of his flesh to uncover her shame. I am the Lord. Leuit. 18. & 20.  
7 Thou shalt not uncover the shame of thy father, nor the shame of thy mother, for she is thy mother, thou shalt not discover her shame.  
8 The shame of thy father's wife thou shalt not discover, for it is thy father's shame.  
9 Thou shalt not discover the shame of thy sister, the daughter of thy father, or the daughter of thy mother, whether she be borne at home, or born without; thou shalt not discover their shame.  
10 The shame of thy sons daughter, or of thy daughter's daughter, thou shalt not I say, uncover their shame.  
11 The shame of thy father's wives daughter begotten of thy father (for she is thy sister) thou shalt not (I say) discover her shame.  
12 Thou shalt not uncover the shame of thy father's sister: for she is thy father's kinswoman.  
13 Thou shalt not discover the shame of thy mother's sister, for she is thy mother's kinswoman.  
14 Thou shalt not uncover the shame of thy father's brother, that is, Thou shalt not go into his wife, for she is thine aunt.  
15 Thou shalt not discover the shame of thy daughter in law, for she is thy sons wife, therefore shalt thou not uncover her shame.  
16 Thou shalt not discover the shame of thy brother's wife, for it is thy brother's shame.  
17 Thou shalt not discover the shame of the wife & of her daughter, neither shalt thou take her sons daughter, nor her daughter's daughter, to uncover her shame, for they are thy kinsfolks, and it were wickedness.  
18 Also thou shalt not take a wife with her sister, during her life, to vex her in uncovering her shame upon her. These in the gloss be briefly collected thus viz.  

Nata, Soror, Neptis, Matertera, Fratris ', & uxor.  
Et patrui Coniux, Mater, Privigna, Noverca.  
Vxoris quae soror, Privigni Nata, Nurusquè.  
Atque soror patris Coniungi lege vetantur.   
As much in effect amongst the residue in the admonition or table of prohibited marriages, set forth by the most reverend father in God, Matthew, Archbishop of Canturburie, primate of England, and Metropolitan. An. 1563. as followeth; that is to say.  
A man may not marry his Mother. The right ascending line, and first degree. Stepmother. wives mother. sons daughter. The right descending line and second degree. Daughter's daughter. wives sons daughter. wives daughters daughter. Daughter. The right descending line and first degree. wives daughter. sons wife. Sister. The equal collateral line, and first degree. wives sister. Brother's wife. Father's sister. The unequal collateral line, and second degree. Mother's sister. Father's brothers wife.  
30 Therefore shall ye keep mine ordinances, that ye do not any of the abominable customs, which have been done before you.   

CHAP. IX.  
Of the Prohibition Canonical.  
THe Egyptians were condemned & the Canaanites, in these wicked and incestuous marriages before, the Israelites forewarned therein (by Moses) to whom the former prohibition was given, for so they were commanded, the children of Israel, that after the doings of the land of Egypt, wherein they dwelled, they should not do; and after the manner of the land of Canaan, whether then the Lord would bring them, they should not do, nor walk in their ordinances 
a Levit. 18. 3. ; for in all these the nations were defiled, which then the lord had promised to cast out before them 
b Levit. 18. 34. . This condemnation therefore of the Egyptians, and the Israelites warning, may be spectacles unto us.  
The positive constitutions of the church of England 
c In tabula quadam a reverendissimo patre ac domino Archiepiscopo Cantuar. scripta. publicata, & post à ab Archiepiscop & Episco, rescripto imperiali. Anno Elizabethae. congregat. applot at. & confirmat. , it falleth out to handle the positive Canon law, but because Ecclesia anglicana, i. the English church, is nearest unto us, we will handle it first, and the rather, that this order hath seemed the nearest to manifest (in this chapter) our purpose, the Canons shall ensue afterwards.  
The positive constitutions therefore of the church of England have added certain persons unto these; that is to say, only in names and terms, but not in degree, for though they be not found to be mentioned in the Levitical, in their names and terms their nearness (notwithstanding) in the same degrees, is as manifest as the rest, & whose shames thou discoverest equally with theirs, & thine own abomination together. Be not therefore deceived, it is not the name of Consanguinity, or affinity, wherein the substance consists of this prohibition, but the degree. I might cite many laws, but let the statutes suffice, they follow in their orders, viz. in the chapter next ensuing, there thou shalt find them mentioned, not the Levitical names, but degrees.  
Such be in the ascending line, thy grandmother, grand father's wife, wives grandmother; not mentioned (there) in their names and terms, equally (notwithstanding) distant in degree from thee, with thy sons daughter, daughter's daughter, wives sons daughter, wives daughters daughter, whom the prohibition comprehendeth, in their several names and terms: add unto these thy sons sons wife, daughter's sons wife, whom the church hath decreed the same prohibition extends to. For note, their difference is in their lines, viz. They be distinguished by ascending and descending lines: that is to say, Of thy grandmother and thy sons daughter, and daughter's daughter, which be only of the persons we have mentioned last, consanguines unto thee, and in the second degree.  
The same reason (in affinity) is of the rest, that is to say, Thy grandfathers wife, thy wives grandmother, be equally (from thee) distant with thy wives sons daughter, & wives daughters daughter these in affinity, the other in consanguinity, as for thy sons sons wife, daughters sons wife, they be equals unto thee with thy wives sons daughter, wives daughters daughter, i. They differ not in line nor degree: only as before is said, they be distinguished from the persons we have mentioned before by consanguinity, & affinity: otherwise the prohibition equally holdeth in them all. Such persons be also in the unequal collateral lines, viz. Thy brother's daughter: thy sister's daughter; brother's sons wife; sister's sons wife; wives brother's daughter; wives sister daughter: that is to say, equally distant from thee in consanguinity, thy brothers and sisters daughters, with thy fathers and mother's sisters: add unto these in affinity thy father's brother's wife, thy mother's brother's wife, wives fathers sister, wives mothers sister: These in the ascendants. In the descendants, to the other; that is to say, to thy brothers and sisters daughters, consanguines unto thee, and descendants, add (in affinity) thy brothers and sister's sons wives, and thy wives brothers, and her sister's daughters.  
These be all in consanguinity and affinity unto thee in the unequal collateral lines, ascending and descending, aswell mentioned as not mentioned expressly in the Levitical law in their names and terms, in the same second degree. This may appear more plainly in the table of prohibited marriages, comprehended within that table annexed at the end of this book.  
Touching now the canons, i. The positive canon law, I refer thee to the figures of consanguinity and affinity before, as also to this table mentioned.  
It shall be therefore needless, further to speak of the prohibition of the canons, than briefly that description and computation canonical we have mentioned already may declare it: for that understood, understand withal the prohibition of the canons; that is to say, to the fourth degree: for ✚ in that example, may not marry with any letter in the figure. This exceedeth the positive constitutions of the Church of England, in every line two degrees, viz. First in consanguintie in the right ascending line two degrees, i. C and D, in the descending line likewise two degrees, i. c. d. in the collaterals, from A two degrees, i. d 1. e 1. In the collaterals from B. three degrees, d 2. e 2. f 2. In the collaterals from C and D, every person that is mentioned; these in consanguinity.  
The prohibition in affinity is extended thus, that is to say, beyond the positive constitutions of the English Church: from the first stock in the same figure understanding the persons to be added carnally, for that is the use of the figure, as may be gathered by that we have said in the 7. chapter before, to thy brother's nephews wife▪ brothers nephew's sons wife: sisters nephews wife: sisters nephews sons wife: brothers nieces sons wife: sisters nieces sons wife. From the second stock, to thy father's brothers sons wife: fathers brothers nephews wife: fathers brothers nephews sons wife: mothers brothers sons wife: mothers brothers nephews wife: mothers brothers nephews sons wife. From the third and 
Vndestand (with these) their nieces sons wives.  fourth stocks, to the carnal additions, in either sex, that be mentioned in their lines. These we have placed severally in their sections, for the plainer demonstration thereof in that table at the end of this book. The reasons that the canons have yielded of this extension is this, viz.  
Habita est enim illis ratio certissima charitatis, ut homines quibus esset utilis atque honestissima concordia, diversarum necessitudinum vinculis necterentur: nec unus in uno multas haberet necessitudines, sed singulae spargerentur in singulos si ad socialem vitam diligentius plurimos obtinerent. Pater quip & socer duarum sunt necessitudinum nomina; dum ergo habet quis alium patrem, alium socerum, numerosius se charitas porrigit: utrumquè autem unus sc. Adam esse cogebatur, & filijs, & filiabus suis, quando fratres sorores què iungebantur coniugio; sicut Eva uxor eius utrique sexui filiorum, fuit & socrus, & matter. Quae si duae feminae fuissent, altera matter, altera socrus, copiosius se dilectio socialis colligaret. Sed hoc unde fieret tunc non erat, quando nisi fratres & sorores ex illis duobus primis nulli homines erant. Fieri ergo debuit quod potuit, ut existent copia unde ducerentur uxores, quae iam non erant sorores, non solum illud non sicret, ubi nulla necessitas esset, verumetiam si fieret, nefas esset: quod humano genere crescente, etiam inter impios deorum multorum falsorumque cultores, sic observari cernimus: ut etsi legibus permittantur fraterna coniugia, melior tamen consuetudo ipsam malit exhorrere licentiam: sic què adversetur quasi licere nunquam potuer it. Copulatio ergo maris & feminae (quantum attinet ad genus humanum) quoddam seminarium est charitatis; That is to say, in sum, though not in literal construction, (besides other arguments of greater consequence in the laws of God and of nature) they grounded thereupon an infallible argument to ensue of love and charity, if men and women Diversarum necessitudinum vinculis, as much to say, should knit themselves together with bonds of sundry friendships, and not that one in one should have many: such be the persons mentioned in their several sections in the table here ensuing from thy grandmother, Sect. 1. Num. 1. to thy wives mother's sisters daughter, Sect. 8. num. 42. And every ascending person and descending rightly in every section after; namely from thy great grandmother, Sect. 9 num. 43, to thy daughter's nieces daughter. Sect. 17. num. 106. Father is a name unto thee of tender kindness; none nearer, none dearer: thou makest of him thine uncle: and again of him (I mean thine uncle) thou makest thy father in-law, whilst thou matchest in that kindred, see Sect. 8. It is needless to wade through every particular section; the table is at hand, and the same reason holdeth in the rest: the nearer therefore thou comest to the kindred of thy flesh, the further off thou art from friendship that is expedient, that amity (I mean) and love, that all mankind upholdeth, and is upholden by it: for what is that conjunction we speak of, of man and woman? Quantum attinet ad genus humanum? It is answered thus, That is to say; So far as it toucheth human kind, it is nothing else but quoddam seminarium charitatis. And how behoveful & expedient is this, there is none that cannot discern: the which how it riseth and spreadeth abroad itself, we have declared in the chapter of affinity before.  

PROHIBITIONUM, CAUSARUMVE MATRImonium dirimentium in cap. 8. & 9 praecedentium, aliarumquè (saepè in iure contingentium) Tabula.  
Prohibitio matrimonij aut est 

Absoluta & simplex, eaquè est vel 

Ad tempus, veluti si quis matrimonium contraxerit 

Qui per aetatem matrimonium contrahere non potest, nam vel quis est 

Minor septennio, & non potest neque matrimonium, neque sponsalia contrahere. c. literas. de desp. impub. Maior septennio, sed impubes, & sponsalia contrahere potest. c. 2. the desp. impub. matrimonium non potest. Proximus pubertati, & si coire possit. c. de illis eod. quoniam malitia aetatem supplet, contrahere matrimonium potest.  
Pubes, & licet vir non sit, nequè coire posait, nisi tamen perpetuum sit impedimentum, contrahere matrimonium potest. joh. And. & Pan. & d. c. Puberes. de desp. impub.    
Qui uxorem superstirem habet (ea vivente) alteram ducere non potest. quisi 

Cum altera sponsalia inierit, nulla ex ijs nascitur obligatio, quin ut possit (mortua uxore) aliam ducere.  
Matrimonium cum altera contraxerit de facto, eaque sit 

Nescia eius rei, & non valet quidem matrimonium, sed (uxore mortua) cogi poterit ut secundam ducat, si modo illa hoc petierit. Et tunc ex novo consensu, etiam tacito, constabit matrimonium. c. 1. de eo qui duxit in ux.  
Sciens quod alteram habet, & non potest etiam ex novo consensu istam ducere, modo eam (viva prima uxore) cognoverit. cap. fin. de eo qui duxit.      
Qui dilueida furoris interualla habet, non potest, dum furore tenetur, matrimonium contrahere.    
Perpetuò, & prohibentur alij, vel ratione 

Ordinis, & vel ordines sunt 

Maiores, Sed in hijs omnibus, notandum est, prohibitio absoleta est. Anno. 28. H. 8. cap. 7.  
Minores, Sed in hijs omnibus, notandum est, prohibitio absoleta est. Anno. 28. H. 8. cap. 7.    
Voti, est què votum vel 

Solemn, Said in hijs omnibus, notandum est, prohibitio absoleta est. Anno. 28. H. 8. cap. 7.  
Simplex, Said in hijs omnibus, notandum est, prohibitio absoleta est. Anno. 28. H. 8. cap. 7.    
Frigidtaris, & impotentiae coeundi, ea vero est vel 

●aturalis, & vel in 

Marem incidit, & dicitur frigiditas, quae quidem matrimonium de facto contractum, ostendit ab initio nullum fuisse. Aut. de nupe. §. Si vero. Col 4.  
Foeminam, & arctatio est, quae si huiusmodi sit, ut non nisi ope medicorum & cum periculo vitae cognosci possit. ditimit matrimonium. c. ex literis. c. Fraternitatis. de Frigid. & mal. Si verò cognosci potest, licet abortum faciat, vel fine miraculo aperiri possit, tenebit matrimonium. Host. in sum. Hoc tit.    
Accidentlis & vel 

Aperta, ut in spadonibus quibus detracta sunt virilia, & si praecessit impedimentum, slatim sóluitur.  
Occulta, veluti cum quis ita fascinatus sit. ut cum uxore nequeat, cum alijs vero rem habere possit, quod malificium dicitur. Et si 

Temporale fuerit impedimentum, non est impedimento matrimonio.  
Perpetuum, expectandun erit ad tempus quo effluxo, poterunt (Prestitis quibusdam propinquorum iuramentis) separari. c. Fin. eod.        
Perpetuo furore detentus contrahere matrimonium non potest.      
Respectiva, cum quis matrimonium contrahere potest, sed have, vel illam, ducere non potest: huius prohibitionis causae sunt 

Consanguinitas, ea est vel 

Spiritualis, eaque ex Baptismo & confirmatione oritur inter levantem & levatum, ac parentes levati: Iter●… inter levatum, & filias & coniugem prius cognitas levantis; postremo inter parentes levati, & uxorem levantis: idem de confirmante & baptizante. Notandum etiam est in hijs, prohibitionem esse & fuisse absoletam, H. 8. statut. praeal. c. eod.  
Legalis, quae sit per adoptionem. Notandum etiam est in hijs, prohibitionem esse & fuisse absoletam, H. 8. statut. praeal. c. eod.  
Naturalis eaquè inter 

Ascendentes & descendentes perpetuò prohibet.  
Collaterales usque 

Ad certos gradus lege divina prohibet.  
In quartum gradum lege humana. c. Fin. de consang. & aff.        
Affinitas quam secundum canones etiam illitita facit copula. c. descretionem: De eo quia cog. cons. Et quidem 

Inter maritum & uxoris consanguineas, & è contra oritur affinitas: c. Fin. de cons. & aff. & si 

Antecedat affinitas matrimonium, veluti si quis prius cum consanguinea rem habuerit eius quam postea ducit, tam impedientur nuptiae, quam dirimentur, in prohibitum gradum. c. Fin. de con. & aff.  
Sequatur matrimonium affinitas, veluti si quis postquamuxorem duxerit, eius consanguineam novit: extali affinitate 

Sponsalia quidem praecedentia dirimentur. c. 2. de eo cog. cons. ux.  
Matrimonium autem, vel (de presenti) sponsalia. cap. discretionem eod. vel praesumptum c. Fin. eod. non dirimitur.      
Inter maritum & uxorem nulla orritur affinitas, hij enim una caro sunt, & causa affinitatis, non affines.          

CHAP. X.  
Of the succession of the statutes in marriage: and their force at this day.  
TOuching the succession & their force, (of the Statutes) it followeth as it was enacted in An. xxv. of king Hen. 8. cap 22. viz. Since many inconveniences have fallen aswell within this Realm, as in others, by reason of marrying within the degrees of marriage prohibit by God's laws, i. The son to marry the mother or the stepmother, The brother the sister, the father his son's daughter, or his daughter's daughter, or the son to marry the daughter of his father, procreate and borne by his stepmother, or the son to marry his aunt, being his father or mother's sister, or to marry his uncles wife, or the father to marry his sons wife, or the brother to marry his brother's wife, or any man to marry his wives daughter, or his wives sons daughter, or his wives daughters daughter, or his wives sister, which marriages albeit they be plainly prohibited, and detested by the laws of almighty God, yet nevertheless at some times they have proceeded under colours of dispensations by man's power, which is but usurped, and of right ought not to be granted, admitted, ne allowed, for no man, of what estate degree or condition soever he be, hath power to dispense with God's laws, as all the clergy of this realm, and the most part of all the famous universities of Christendom, and we also do affirm and think.  
Be it therefore enacted by authority, aforefaied, that no person or persons, subjects or resiants of this Realm, or in any your dominions of what estate, degree or dignity soever they be, shall from henceforth marry within the said degrees afore rehearsed, what pretence soever shallbe made to the contrary thereof.  
And in case any person or persons of what estate, dignity, degree, or condition, soever they be, hath been heretofore, married within this Realm or in any the kings dominions, within any the degrees above expressed, and by any of the Archbishops, Bishops, or ministers of the church of England, be separate from the bonds of such unlawful marriage, that then every such separation shallbe good, lawful, firm, and permanent for ever, and not by any power authority or means to be revoked or undone hereafter. And that the children proceeding or procreate under such unlawful marriage, shall not be lawful ne legitimate: any foreign laws, licences, dispensations, or other thing or things to the contrary thereof notwithstanding. And in case there be any person or persons, within this Realm, or in any the kings dominions, already married within any the said degrees above specified, and not yet separate from the bonds of such unlawful marriage, that then every such person so unlawfully married, shallbe separate by the definitive sentence & judgements of the Archbishops, Bishops, and other ministers of the church of England, and in other your dominions within the limits of their jurisdictions and authorities, and by none other power or authority.  
And that all sentences and judgements given, and to be given, by any Archbishops, Bishops, or other minister of the church of England, or in any other the king's dominions, within the limits of their jurisdictions and authorities, shallbe definitive, firm, good, and effectual to all intents, and be observed and obeyed without suing any provocations, appeals, prohibitions, or other process from the court of Rome, to the derogation thereof, or contrary to the Act made since the beginning of this present Parliament, for the restraint of such provocations, appeals, prohibitions, and other processes.  
And Anno xxviij. of king Hen. 8. Chap 7. it was enacted to the same effect, and in the same form of words with this addition only, viz.  
And further to dilate and declare the meaning of these prohibitions, it is to be understood, that if it chance any man to know carnally any woman, that then all and singular persons being in any degree of consanguinity or affinity as is above written to any of the parties so carnally offending, shallbe deemed and adjudged to be within the cases and limits of the said prohibition of marriage.  
There ensued after this Anno, xxxij. Hen. 8. cha. 38. an act concerning precontracts of marriages, and touching degrees of consanguinity, the occasion whereof (as by the proheme of that Statute appeareth) was this, viz.  
It was supposed that no marriage so surely could be knit & bounden, but that it should lie in either of the ●●  
and administration thereof, by the virtuous and most noble Queen Elizabeth, natural & legitimate daughter to king Hen. of famous memory the eight, the author is imperfect, whose weakness if thy skill shall supply, or thy patience bear for a season, he craves no more, in the mean time his labours he commendeth unto thee, and thyself to the author of all perfection.  
FINIS.    

A TABLE OF THE Levitical, English, and positive Canon Catalogues: THEIR CONCORDANCE, and difference.  
IL VOSTRO MALIGNARE NON GIOVA NULLA.  
Anno. Dom. 1594.   

¶ Of the Table and Catalogues herein contained of degrees.  
COnferring these Catalogues in the table that ensueth together, that is to say, the English and Canonical with the Levitical, some persons there shall appear within the Levitical names and degrees; some without the Levitical names, but in the degrees; others there shall appear without the Levitical names and degrees; the due consideration whereof is this, viz.  
First of the ascendants and descendentes, such no doubt, though they exceed the Levitical names and degrees, yet they be prohibited infinitely to marry, in so much that Adam if he had lived to this day, could not have married again.  
The second consideration, viz. of the Collaterals, such (with the Levitical in name and degree) no man doubteth of their prohibition; otherwise, that is to say, If they differ but in name, Communi consensu & judicio putantur in Levitico prohiberi, thou art (for example) expressly in the Levitical forbidden to marry thy brother's wife, thy wives sister is not mentioned there in name, otherwise than thus, viz. Thou shalt not take a wife with her sister (during her life) to vex her in uncovering her shame upon her; but thy brother's wife nevertheless comprehendeth her degree, and whom equally thereforethou art prohibited to marry, that is to say, as with thy brother's wife, so with thy wives sister, this understand of the residue in this table, viz. Mother's brothers wife, wives fathers sister, etc. For the third, that is to say, such collaterals as exceed both the name and degree Levitical, do also exceed this prohibition, i. they may marry without question or scruple, consideration had of such collaterals as do savour so of the ascendent and descendent lines, that they be parents, or in loco parentum the one to the other, such be in names collaterals, because we have no other terms to call them by, Plures enim sunt res quàm vocabula, such is the scarcity of our speech, that more things there be, than we have names to call them by; such be thy brother's line, so near thine own as may be, we must not call them descendants, for confounding of lines, nor yet allow them that lateral liberty to make them outward degrees, Lateral they be termed or Collateral a latere, as much in effect as sideward of the side whereon they be placed, as by the figure it may appear and other descriptions in the treatise: but so near they be the side, that they warm it, and be warmed by it, side by side, and blood by blood; and yet we must call them Collaterals, and yet I exhort thee beware of them, they be not forbidden expressly, and by name by the law, the Levitical law I mean, no more thou shalt find it forbidden expressly to marry with divers other persons of thy kindred beside, thou wilt not therefore say it is lawful, god forbidden thou shouldst. This I have red in the works of learned men, it is for bidden by the right of nature, it is forbidden, by the law that is written in every man's heart and conscience, it is forbidden by love and charity, the which we have handled in this treatise before, it is forbidden by title and right of nigh kindred: to conclude, many great things shalt thou find, if thou lookest about thee, not forbidden expressly by the law that Moses made, and yet the same be forbidden by a certain plain express commandment of nature, and consequently by the law of God: for what commanded Moses from the Lord, as lawful to be done, that was not expedient? Shall we seek a prohibition then by name, for every person, and do the thing (if we find it not) that is neither expedient nor honest? God forbidden. I find it written of S. Ambrose, that he affirmed plainly, The law of God forbiddeth that brother's children should marry, and yet I cannot find it there expressly; the occasion grew by one Pattern, that had a son by one woman, and a daughter by another, which daughter had a daughter, whom Pattern would have married to his son, the maiden's half uncle, wherein consulting with Ambrose in this case, received this answer; I neither think nor judge, saith S. Ambrose, that your bishop an holy man doth so much as look after my sentence and judgement in this matter, for if he had, he would have written to me of it, and in somuch that he writeth not, he showeth plainly that he judgeth this no matter to be doubted on: for what doubt may there be in this case, whether thy son and thy daughter's daughter, or thy niece by thine own daughter may marry together, seeing the law of God forbiddeth, that thy son should marry with thy brother's daughter. And what (faith the same author) is moresolemne, accustomed, or more reverently observed, than the charitable kiss between uncle and niece, which he oweth to her of duty, as to his daughter, & she to him as to her father? shalt thou then go & make this innocent kiss of love and charity, in which is none offence nor suspicion of evil, to be suspected, whilst thou intendest such a marriage? as if he should say, Wilt thou betray (as judas did his master) the holy law of nature, & take away from thy dear pledges or children so devout & religious (a sacrament) he termeth it, but a token of pure and natural love, as also he doth, we may term it still.  
And touching the furthest distant of the persons we have mentioned last, viz. Brother's children, because in a manner, they be brothers and sisters, coming all of one parent, grandfather grandmother, or both; but the second stock of the tree, or figure of Consanguinity, in this treatise before, if it were for nothing else, yet for the reverence that they own to the same parents, Theodos the Emperor would have them abstain from marriage the one with the other. But to leave the emperors law, there is a law of this land, (the Lord preserve it and the life of the same) this we have touched in the division of this table hereafter; but there is a law, and this we have touched too, the Lord writ it in our minds and in our hearts, that he may be our God, and we may be his people.  
Amen.   

A Table of the Levitical, English, and positive canon catalogues: their concordance, and difference.  

1. Section.  
2. Deg. The right ascending line, and second degree.  Can. Eng. Grandmother. 1 Con. Grandfather's wife. 2 Aff. wives Grandmother. 3 Aff. 
2. Section.  
2. Deg. The unequal collateral line ascending, and second degree.  Can. Eng. Leu. Father's sister. 4 Con. Mother's sister. 5 Con. Father's brothers wife. 6 Aff. Can. Eng. Mother's brothers wife. 7 Aff. wives fathers sister. 8 Aff. wives mothers sister. 9 Aff. 
3. Section.  
1. Deg. The right ascending line, and first degree.  Can. Eng. Leu. Mother. 10 Con. Stepmother. 11 Aff. wives mother. 12 Aff. 
4. Section.  
1. Deg. The right descending line, and first degree.  Can. Eng. Leu. Daughter. 13 Con. wives daughter. 14 Aff. sons wife. 15 Aff. 
5. Section.  
1. Deg. The equal collateral line, and first degree.  Can. Eng. Leu. Sister. 16 Con. Brother's wife. 17 Aff. wives sister. 18 Aff. 
6. Section.  
2. Deg. The right descending line, and second degree.  Can. Eng. Leu. sons daughter. 19 Con. Daughter's daughter. 20 Con. Can. Eng. sons sons wife. 21 Aff. Daughter's sons wife. 22 Aff. Can. Eng. Leu. wives sons daughter. 23 Aff. wives daughters daughter. 24 Aff. 
7. Section.  
2. Deg. The unequal collateral line descending, and second degree.  Ca En. Brother's daughter. 25 Con. Sister's daughter. 26 Con. Brother sons wife. 27 Aff. Sister's sons wife. 28 Aff. wives brothers daughter. 29 Aff. wives sisters daughter. 30 Aff. 
8. Section.  
2. Deg. The equal collateral line, and second degree.  Canon. Father's brothers daughter. 31 Con. Mother's brothers daughter. 32 Con. Father's sisters daughter. 33 Con. Mother's sisters daughter. 34 Con. Father's brothers sons wife. 35 Aff. Mother's brothers sons wife. 36 Aff. Father's sisters sons wife. 37 Aff. Mother's sisters sons wife. 38 Aff. wives fathers brother's daughter. 39 Aff. wives mothers brothers daught. 40 Aff. wives fathers sister's daughter. 41 Aff. wives mothers sister's daughter. 42 Aff.  
Hitherto extendeth the heart of the tree, or figure of consanguinity, described in the sixth chapter before, and form at the end of the 7. chapter following, where the reader may behold, as in a glass, how near they be couched together; namely, the kindred of the same flesh.  
Hear therefore we will pause a little, and make as it were a division in this table between them and the rest that ensue; namely, the branches that be further off. Consider therefore of the concordance and difference of these catalogues hitherto first, and then peruse the other.  
These catalogues do concur together in 16 persons, wherein they differ not in name, number, nor degree: there the Levitical ceaseth, in name and number; and the English and canonical go on, accompanied still with the Levitical degree, to the number of 14 persons more: there ceaseth the English, and the positive canon goes on alone, nevertheless accompanied with the 2 degree, to the number of 12 persons more; and there that degree resteth, and leaveth the canon catalogue alone, & yet the catalogue resteth not, but hath betaken it to outward degrees, namely the 3 and 4, wherewith it goeth on to the number of persons mentioned in this table hereafter.  
These the statute doth intend in An. 32. H. 8. cap. 38. to be mere human, and invented for their lucre that devised them: namely, the BB. of the sea of Rome, commonly called the Popes; who were enabled (as the statute intendeth) to dispense with such by their power, because they were outward, and so the statute termeth them outward degrees; and specifieth moreover cousin's germane, and so to fourth and fourth degree. Now, Quere of the mind of the statute touching cousin's germane, viz. What germane they should be? for the Pope could never dispense with germane in the 1 and 2 degrees: if therefore the construction be of the statute, of such dispensations that were reserved; for so the statute mentioneth them, viz. The dispensation whereof they always reserved to themselves, etc. we look amiss at what he did, for what did he not almost (in the end) dispense withal? but our mark must be at what he might do lawfully, i. by his laws: for other reservation had he none, but thereby pre-eminence over them, but never over the laws of God nor of nature. And that which is more, so far they were from dispensing in the 1 and 2 degrees, that in the 3 and 4 degrees they have refused the same generally: and to that (upon Question proposed to Gregory, by Faelix Messan of Scicilia) was appealed to, the whole dominon of Rome. It is evident by this, what the prohibition and reservation have been of the Pope's law.  
Touching the daughter of Zolophehad, of whom mention hath been made in the 8 chap. of this treatise, to this effect, that they married to their father's brothers sons: this was because the inheritance of the children of Israel, of whom the daughters of Zelophehad were, should not remove from tribe to tribe: for so they were commanded, that every one of the children of Israel, should join himself to the inheritance of the tribe of his fathers. And that every daughter that possessed any inheritance of the tribes of the children of Israel, should be wife unto one of the family of the tribe of her father, that the children of Israel might enjoy every man the inheritance of their fathers: and therefore the Lord commanded concerning the daughters of Zelophehad, saying; They shall be wives to whom they think best, only to the family of the tribe of their father shall they marry, and so they did. 
Numb. 36. 11.   
But this was a law of judgement, as other judicials were, that belonged (then) to particular justice, 
Numb. 27. 11.  and have had their beginnings, and end. To the rest of the canon catalogue.  

9 Section.  
3. Deg. The right ascending line, and third degree.  Canon Con. 43 Great grandmother. Aff. 44 Great grandfathers wife. Aff. 45 wives great grandmother. 
10. Section.  
3. Deg. The right descending line and third degree.  Canon. Con. 46 Sons niece. Con. 47 Daughters niece. Aff. 48 Sons nephews wife. Aff. 49 Daughters nephews wife. Aff. 50 wives nephews daughter. Aff. 51 wives nieces daughter. 
11. Section.  
3. Deg. The unequal collateral line ascending, and third degree.  Canon Con. 52 Grandfathers sister. Con. 53 Grandmothers sister. Aff. 54 Grandfathers brothers wife. Aff. 55 Grandmothers brothers wife. Aff. 56 wives grandfathers sister. Aff. 57 wives grandmothers sister. 
12. Section.  
3. Deg. The same line, and third degree.  Canon Con. 58 Grandfathers brothers daughter. Con. 59 Grandmothers brothers daughter. Con. 60 Grandfathers sisters daughter. Con. 61 Grandmothers sisters daughter. Aff. 62 Grandfathers brothers sons wife. Aff. 63 Grandmothers brothers sons wife. Aff. 64 Grandfathers sisters sons wife. Aff. 65 Grandmothers sisters sons wife. Aff. 66 Wives grandfathers brother's daughter Aff. 67 Wives grandmothers brother's daugh. Aff. 68 Wives grandfathers sister's daughter. Aff. 69 Wives grandmothers sister's daughter. 
13. Section.  
3. Deg. The equal collateral line, and third degree.  Canon Con. 70 Grandfathers brothers niece. Con. 71 Grandmothers brothers niece. Con. 72 Grandfathers sisters niece. Con. 73 Grandmothers sisters niece. Aff. 74 Grandfathers brothers nephew's wife. Aff. 75 Grandmothers brothers nephews wife Affi. 76 Grandfathers sisters nephews wife. Affi. 77 Grandmothers sisters nephews wife. Affi. 78 Wives grandfathers brother's niece. Affi. 79 Wives grandmothers brother's niece. Affi. 80 Wives grandfathers sister's niece. Affi. 81 wives grandmothers sister's niece. 
14. Section.  
3. Deg. The unequal collateral line, descending, and third degree.  Canon. Con. 82 Father's brothers niece. Con. 83 Father's sisters niece. Con. 84 Mother's brothers niece. Con. 85 Mother's sisters niece. Affi. 86 Father's brothers nephew's wife. Affi. 87 Father's sisters nephews wife. Affi. 88 Mother's brothers nephew's wife. Affi. 89 Mother's sisters nephew's wife. Affi. 90 wives fathers brother's niece. Affi. 91 wives fathers sister's niece. Affi. 92 wives mothers brother's niece. Affi. 93 wives mothers sister's niece. 
15. Section.  
3. Deg. The same line and third degree.  Canon. Con. 94 Brother's niece. Con. 95 Sister's niece. Affi. 96 Brothers nephews wife. Affi. 97 Sisters nephews wife. Affi. 98 wives brothers niece. Affi. 99 wives sisters niece. 
16. Section.  
4. Deg. The right ascending line, and fourth degree..  Canon Con. 100 Great grandfathers mother. Aff. 101 Great grandfathers father's wife. Aff. 102 Wives great grandfathers mother. 
17. Section.  
4. Deg. The right descending line, and fourth degree.  Canon Con. 103 Sons nephews daughter. Con. 104 Sons nieces daughter. Con. 105 Daughters nephews daughter. Con. 106 Daughters nieces daughter. Aff. 107 Sons nephews sons wife. Aff. 108 Sons nieces sons wife. Aff. 109 Daughters nephews sons wife. Aff. 110 Daughters nieces sons wife. Aff. 111 Wives sons nephew's daughter. Aff. 112 Wives sons nieces daughter. Aff. 113 Wives daughters nephew's daughter. Aff. 114 Wives daughters nieces daughter. 
13. Section.  
4. Deg. The unequal collateral line descending, and fourth degree.  Canon Con. 115 Great grandfathers sister. Con. 116 Great grandmother's sister. Aff. 117 Great grandfathers brother's wife. Aff. 118 Great grandmothers brother's wife. Aff. 119 Wives great grandfathers sister. Aff. 120 Wives great grandmother's sister. 
19 Section.  
4. Deg. The same line, and fourth degree.  Canon. Con. 121 Great grandfathers brother's daughter. Con. 122 Great grandfathers sister's daughter. Con. 123 Great grandmothers brother's daughter. Con. 124 Great grandmothers sister's daughter. Aff. 125 Great grandfathers brothers sons wife. Aff. 126 Great grandfathers sisters sons wife. Aff. 127 Great grandmothers brother's sons wife. Aff. 128 Great grandmothers sister's sons wife. Aff. 129 Wives great grandfathers brothers daughter. Aff. 130 Wives great grandfa. sister's daughter. Aff. 131 Wives great grandmothers brothers daughter. Aff. 132 Wives great grandmothers sisters daughter. 
20. Section.  
4. Deg. The same line continued still, and fourth degree.  Canon. Con. 133 Great grandfathers brother's niece. Con. 134 Great grandfathers sister's niece. Con. 135 Great grandmothers brother's niece. Con. 136 Great grandmothers sister's niece. Aff. 137 Great grandfathers brothers nephews wife. Aff. 138 Great grandfathers sisters nephews wife. Aff. 139 Great grandmothers brother's nephews wife. Aff. 140 Great grandmothers sister's nephews wife Aff. 141 wives great grandfathers brothers niece. Aff. 142 Wives great grandfathers sisters niece. Aff. 143 Wives great grandmothers brothers niece. Aff. 144 wives great grandmothers sisters niece. 
21. Section.  
4. Deg. The Equal collateral line, and fourth degree.  Canon. Con. 145 Great grandfathers brothers nephews daughter Con. 146 Great grandfathers brothers nieces daughter. Con. 147 Great grandmothers brother's nephews daughter. Con. 148 Great grandmothers brother's nieces daughter. Aff. 149 Great grandfathers brothers nephews sons wife. Aff. 150 Great grandfathers brothers nieces sons wife. Aff. 151 Great grandmothers brother's nephews sons wife. Aff. 152 Great grandmothers sister's nephews sons wife. Aff. 153 wives great grandfathers brothers nephews daughter. Aff. 154 wives great grandfathers brothers nieces daughter. Aff. 155. wives great grandmothers brothers nephew's daughter. Aff. 156 wives great grandmothers brothers nieces daughter. 
22. Section.  
4. Deg. The unequal collateral line descending, and sourth degree.  Canon Con. 157 Grandfathers brothers nephews daughter. Con. 158 Grandfathers sisters nephew's daughter. Con. 159 Grandmothers brothers nephews daughter. Con. 160 Grandmothers sisters nephews daughter. Aff. 161 Grandfathers brothers nephews sons wife. Aff. 162 Grandfathers sisters nephews sons wife. Aff. 163 Grandmothers brothers nephews sons wife. Aff. 164 Grandmothers sisters nephews sons wife. Aff. 165 Wives grandfathers brothers nephews daughter. Aff. 166 Wives grandfathers sisters nephews daughter. Aff. 167 wives grandmothers brother's nephews daughter. Aff. 168 wives grandmothers sister's nephews daughter. 
23. Section.  
4. Deg. The same line continued still, and fourth degree.  Canon Con. 169 Father's brothers nephew's daughter. Con. 170 Father's sisters nephew's daughter. Con. 171 Mother's brothers nephew's daughter. Con. 172 Mother's sisters nephew's daughter. Aff. 173 Father's brothers nephew's sons wife. Aff. 174 Father's sisters nephew's sons wife. Aff. 175 Mother's brothers nephew's sons wife. Aff. 176 Mother's sisters nephews sons wife. Aff. 177 Wives fathers brother's nephews daughter. Aff. 178 Wives fathers sister's nephews daughter. Aff. 179 wives mothers brother's nephews daughter. Aff. 180 wives mothers sister's nephews daughter. 
21. Section.  
4. Deg. The same line continued still, and fourth degree.  Canon. Con. 181 Brothers nephews daughter. Con. 182 Sisters nephews daughter. Aff. 183 Brothers nephews sons wife. Aff. 184 Sisters nephews sons wife. Aff. 185 wives brothers nephews daughter. Aff. 186 wives sisters nephews daughter.  
Note that their nieces daughters, and nieces sons wives, not mentioned, as well as their nephews daughters, nephews sons wives, mentioned in this Section; be also parcel of this Catalogue. And likewise in the 21. 22. 23 Sections before, where they be not mentioned in their particular terms, yet nevertheless be of the same Catalogue, line, and degree, with their Section: such be in the 21. Section, great grandfathers, and mother's sister's nephews, and their sister's nieces daughters: and in the 22. 23. Section, grandfathers and mothers, and fathers and mother's brother's nieces, and their sister's nieces daughters. This understood, the Canon Catalogue ceaseth.   

Of the necessary parts of this treatise, to the understanding of the reason of the Computation in the Catalogues of this Table.  
IF thou comest (Christian Reader) to this Table, not having read the treatise before, nor read nor exercised in the Canon & civil laws both, it will seem somewhat strange unto thee, why the second degree in the 2 Section of this table, should not increase in the eight Section following: and likewise why the third degree in the 11. Section, should not increase in the 12. & 13. Sections of the same: and that the 4. degree in the 18. Section, should continue the fourth, so many Sections after.  
These computations be (verily) natural: and yet (without industry) more than common reason can reach unto, such be the secrets of blood.  
Now, if thou wilt be idle, thou mayst wonder still, otherwise, this treatise is but small itself in the whole, but much less that part of the same (by many degrees) that is the total sum to resolve thee.  
To the understanding therefore, or thy understanding of this Computation readily in the Catalogues of this table, first confer (with the same) part of the 2. Chapter, viz. from these words, A new found Question, fol. 12. to these words that follow, viz. Have therefore in one degree etc. fol. 13. there thou hast the Lateran synod. Secondly, the 6. chap. in all there is described the collection, state, and condition of every person, his line and degree by the laws, by the Canons. Thirdly I commend thee to the figure and declaration of Consanguinity or blood, at the end of the 7. chap. this appertaineth to the 6 chapter, & that to this, either giving light unto other, but both a manifestation to the diligent reader.  
Last, I refer thee to this consultation, viz. In contracts of matrimony, what is lawful, what honest, and what expedient. Some small helps, if these shall not minister unto thee, with some little labour of thine own, they shall somewhat prepare thee (at the least) to consult with the Learned.  
FINIS.