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A treatise of miscellany questions wherein many useful questions and cases of conscience are…A treatise of miscellany questions wherein many usefull questions and cases of conscience are…
A treatise of miscellany questions wherein many useful questions and cases of conscience are discussed and resolved ... / by Mr. George Gillespie ... ; published by Mr. Patrick Gillespie ...A treatise of miscellany questions wherein many usefull questions and cases of conscience are discussed and resolved ... / by Mr. George Gillespie ... ; published by Mr. Patrik Gillespie ...
Edinburgh: printed by Gideon Lithgow for George Swintoun, 1649Edinburgh: printed by Gedeon Lithgovv for George Svvintoun, 1649
Modern spelling is a reading aid: the words are the author’s, only the spelling is modernized. Original shows the page as printed, with the transcription marks.
And herein our writers agree with the Karaei, that all kinds of unlawful and forbidden marriages are not expressly mentioned in the law, but diverse of them to be collected by consequence, that is, either by parity of reason, or by greater strength of reason: for instance, Levit▪ 18. 10. The nakedness of thy Sons daughter, or of thy daughters daughter, even their nakedness thou shalt not uncover: For theirs is thine own nakedness. Hence the consequence is drawn a pari. Therefore a man may not uncover the nakedness of his great grand-child, or of her who is the daughter of his Sons daughter. For that also is his own nakedness, being a descent in linea recta from himself. From the same Text, 'tis collected à fortiori, that much less a man may uncover the nakedness of his own daughter, which yet is not expressly forbidden in the Law, but left to be thus collected by necessary consequence from the very same Text, 'tis likewise a necessary consequence that a man may not uncover the nakedness of her who is daughter to his wives son, or to his wives daughter. For here the reason holds, 'tis his own nakedness, his wife and he being one flesh, which gives ⟨p. 243⟩ground to that general received rule, that a man may not marry any of his wives blood, nearer than he may of his own, neither may a wife marry any of her husbands blood, nearer then she may of her own. Again, Levit: 18. 14. Thou shalt not uncover the nakedness of thy fathers brother, &c. Hence it followeth à pari, that a man may not uncover the nakedness of his mothers brother, and by parity of reason (ever since that law was made,) 'tis also unlawful for a woman to marry him who hath been husband to her father sister, or to her mothers sister, the nearness of blood being alike between Uncle and Niece, as between Ant and Nephew. Other instances may be given, but these may suffice to prove that what doeth by necessary consequence follow from the law, must be understood to be commanded, or forbidden by God, as well as that which is expressly commanded or forbidden in the Text of Scripture.
And herein our writers agree with the Karaei, that all kinds of unlawfull and forbidden mariages are not expresly mentioned in the law, but diverse of them to be collected by consequence, that is, either by parity of reason, or by greater strength of reason: for instance, Levit▪ 18. 10. The nakednesse of thy Sons daughter, or of thy daughters daughter, even their nakednesse thou shalt not uncover: For theirs is thine own nakednesse. Hence the consequence is drawn a pari. Therefore a man may not uncover the nakednesse of his great grand-child, or of her who is the daughter of his Sonnes daughter. For that also is his own nakednesse, being a discent in linea recta from himself. From the same Text, 'tis collected à fortiori, that much lesse a man may uncover the nakednesse of his own daughter, which yet is not expressely forbiden in the Law, but left to be thus collected by necessary consequence from the very same Text, 'tis likewise a necessary consequence that a man may not uncover the nakednesse of her who is daughter to his wives sonne, or to his wives daughter. For here the reason holds, 'tis his owne nakednesse, his wife and he being one flesh, which gives