Sermons upon Deuteronomy

Let us now return unto this present law. It is said that the next brother shall take the wife of his brother deceased, without Children. When we hear the word Brother, according as the Hebrews also take it, we may not restrain it unto this first degree of borne brother: but of cousins both in the first and second degree, as we call them which are brothers & sisters children. For the Jews do use this word Brother generally, and not as we do: and therefore one law must be conferred with an other. For when it is said: Let the brother take the wife of him which is dead: It is to be understood so far forth, as it is lawful and permitted, and so far forth as GOD hath established the degrees of marriage: so as incest be never committed. Now we have the meaning of the law.

Let vs nowe returne vnto this present law. It is sayde that the next brother shall take the wife of his brother deceased, without Children. When wee heare the woorde Brother, according as the Hebrewes also take it, wee may not restraine it vnto this first degree of borne brother: but of cousēs both in ye first and second degree, as wee cal thē which are brothers & sisters children. For ye Iewes do vse this word Brother generally, and not as wee doe: and therefore one lawe must bee conferred with an other. For when it is sayde: Let the brother take the wife of him which is deade: It is to bee vnderstoode so farre forth, as it is lawefull and permitted, and so farre foorth as GOD hath establyshed the degrees of marriage: so as incest bee neuer committed. Nowe wee haue the meaning of the law.

And it is said expressly: If the brethren dwell together. For that a woman when she taketh an husband in an house, should bind her self in bondage generally unto all the kindred, were against reason: and bonds as we as all other like things, ought to be bounded within some measure. Where things are set down without limitation, there followeth confusion by and by. If a man should by his last will appoint so many heirs as could not be numbered; and therewithal would have his will to endure unto the end of the world; what a confused thing were that? As much is to be said of other like things. And therefore if a woman should be bound to marry in a house till the whole kindred had refused her: in what a strange case were she? But here it is spoken of those kinsmen which are nigh at hand, even of such as dwell together, that they may be known. For if a woman should be bound she wotteth not unto whom, and constrained to take one which she never saw: she should be kept under too cruel bondage, and there were no reason in it. And therefore our Lord meant to limit this law within certain bonds.