case hains against JESCOTT a man can marry his sister daughter although such  daughter be illegitimate S c comb S c ld ray S c Com prohibition to the  ecclesiastical court on a suit there against a man for marry his sister  bastard daughter the reason offer be these this marriage be not prohibit by  any law it be not within any of the levitical degree and such only be under  the cognizance of the spiritual court for if a marriage be not under some of  those prohibition it be not to be impeach by any court because it be enact by  the Henry c that all marriage contract by lawful person shall not be dissolve  and such be all those who be not prohibit by God law now this marriage be not  prohibit by God law which must be intend the levitical law give to the Hebrew  under the mosaic dispensation in which law there be six degree of  consanguinity and seven of affinity express forbid in CONSANGUINITY IN  AFFINITY A man must not marry A man must not marry his father sister his uncle  wife his mother his father wife his mother sister his father wife daughter his  sister his brother wife his own daughter his wife sister the daughter of his  son or daughter his son wife or his wife daughter the daughter of his wife son  or daughter modern but a sister bastard be not mention among any of these  degree it be true the levitical law forbid a man to approach to any near of  kin to uncover their modern er p nakedness but that can never be intend of a  bastard because he be of kin to no person whatsoever he be not esteem as a  child in our law neither be he of sufficient consideration to raise a use as  one of the kindred of the grantor he be quasi no one thread and therefore it  be not a principal challenge to he be return of a jury that he be of kin to  either party because he can be of kin to any so in plead either in a real or  personal action he can allege any kindred and nothing can be confer upon he  but it must be by such a name which be common and may be assume by any other  person   a it be also true by the eighteenth canon of the apostle that a man  who marry his sister daughter clergyman non to be able be which be all the  punishment that the church in those day can inflict on the person so marry  they have no jurisdiction or power of divorce even in case of incestuous  marriage and therefore can not enter into any examination of the cause but  when the party be separate it be by the authority of the law to which they be  local subject and therefore it may be a question what power the spiritual  court have to proceed in this matter but it be a jurisdiction which have often  be allow it be not dispute now only a prohibition be pray upon the whole  matter e contra the plaintiff come too late for a prohibition for he have  answer all the allegation in the ecclesiastical court where it appear upon  proof that the very parson who baptise the bastard marry her to the plaintiff  and do not aggravate the offence to he before marriage but he persist in his  resolution wonder as to the levitical law it express prohibit that ad neighbor  blood Himself non to go to and at the time when this law be establish there be  no difference among the Israelite between a child bear in adultery and in  lawful marriage and therefore a bastard be neighbor blood among these people  who be the best expositor of that law to who it be first promulge and all the  commentator upon this law do allow the unlawful issue to be incapable of  inherit but though the marriage of the uncle with the niece be not forbid by  the levitical law Inst a yet that of the nephew with the aunt either by the  father or mother side be prohibit and modern so by consequence the other must  be so too because it fall under the same degree of kindred with that which be  forbid by name it be prohibit by the levitical law for a man to marry his  sister daughter and it be no objection to say that a bastard be not a daughter  for though she be deprive of several privilege by particular law yet if there  be any morality in that law which can be deny it be moral as unlawful to marry  a bastard as one bear in lawful wedlock and it be so also in nature for the  levitical law be ground upon a natural as well as a politic reason to enlarge  their kindred and unite their family for there be natural as well as legal  kindred and if this shall not be expound to fall under the prohibition that a  man ad neighbor blood non to go to then a mother may marry her bastard son the  court incline not to grant a prohibition say Adjournatur