case Ellerton ux vers Gastrell a marriage with the wife sister daughter be  hold to be within the levitical degree so a prohibition be deny lo the  spiritual court where a libel for that comens er p purpose be exhibit side Mod  keb SC I Gibs cod p burn ecclesiastical law a prohibition be grant nisi causan  c to the court of the archdeacon of Richmond in the diocese of Chester where a  libel be exhibit for the marriage of Ellerton with his now wife be the  daughter of the sister of his former wife upon a suggestion that it be not  within the levitical degree and for cause I insist that the marriage be within  the levitical degree the statute Henry c enact that no person shall marry  within the degree before rehearse and if any be marry within the say degree  the person so unlawful marry shall be separate by the sentence of the  archbishop bishop or other minister c within the limit of their jurisdiction  and authority the marriage prohibit and which be to be dissolve by the  sentence of the spiritual court be all within the degree there mention though  they be not express mention in the statute and therefore when the statute  mention as unlawful the marriage of the son with the aunt be his father or  mother sister or with his uncle S wife who be his aunt by affinity the  marriage of the niece with her uncle by consanguinity comens or by affinity  which be the present case be within the same degree and consequent disallow by  this statute so in Leviticus ch xviii verse c the jews be forbid to uncover  the nakedness of the father or mother brother or sister videlicet the uncle or  aunt by father or mother and a uncle or aunt by affinity though not name be  within the same degree with the person there mention so in the table of  kindred and affinity who by scripture and our law can intermarry which be  publish by authority in the year and which by the that canon make in the year  be allow a man can marry his wife sister daughter and the canon of be  establish in the convocation which have a licence under the great seal to  agree to such canon as they approve and which be afterward ratify by the king  under the great seal and therefore be allow as the ecclesiastical law of this  realm and by canon all marriage prohibit by God law and express in this table  be declare incestuous and unlawful and no person shall marry within the degree  prohibit and express in the say table c in the case of Mann who have marry the  daughter of the sister of his former wife it be hold by the high Commission to  be unlawful and though a prohibition be grant more cro Elizabeth yet a  consultation be afterward award for a prohibition ought not to be grant if it  be within the levitical degree cro Elizabeth Vaugh Leon so in pearson case  upon such a marriage a prohibition go but a consultation be afterward grant  Vaugh and this perhaps be the reason why that case which be mention as have a  prohibition grant by the court of common plea in the first edition of   light  a without mention the consultation be total omit in the subsequent edition  comens Hobart cro James roll Rep palm jenk S c a in the case of Howard versus  Bartlett speak of Renningtons Noy hut S c b case who have marry the daughter  of the sister of his former wife for which he do penance by order of the high  Commission James and after his death she claim her freebench and it be allow  because there be a divorce a chain marriage though Hobart say there be cause  so Inst Lord coke say that though the marriage of the nephew with his aunt be  prohibit lev levit ch verse c d the marriage of the uncle with his niece be  not there prohibit by express word yet such a marriage be prohibit who the  same to have account nearness cum the dawn who nominati to hold before such de  like so by Vaughan it be express agree that the marriage of the uncle with his  niece or with the niece of his wife be within the levitical degree Vaugh so in  the case of Wortley ux for watkinson car in b r on a prohibition it be strong  argue by Wallop that such a marriage be lawful yet a consultation be grant  show keb S c d lev Jones and afterward in the like case between watkinson vers  Margarten in b r Pas car a prohibition be deny ray Jon skin S c e comens er p  in Trin W m in the case between Hanour and Bradshaw a prohibition be grant in  order that the plaintiff may declare on such a case but levinz say that he  hear no more of it lev but in the case of Snowling and his wife for Newey  after two or three argument it be resolve by Trevor and all the court annae  that a consultation shall be grant Lut the same matter be move in b r in the  case between clement and beard and holt say there that he take that question  to be settle for if it be the daughter of his own sister there can be no  question and if it be the daughter of the wife sister it be the same relation  by affinity and therefore comens within the levitical degree Mod upon which  the rule in this case be discharge