Selected quad for the lemma: father_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
father_n	daughter_n	marry_v	son_n	25,961	5	6.0384	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A45196	Mr. Emmertons marriage with Mrs. Bridget Hyde considered wherein is discoursed the rights and nature of marriage, what authority the Curia Christianitatis hath in matrimonial causes at this day, the levitical degrees, the bounds of a legal marriage, and the reasons thereof, and that now matrimonial causes are determinable by virtue of the statute of H. 8. by the judges of common law : in a letter from a gentleman in the country to one of the commissioners delegates in that cause, desiring his opinion therein.	Hunt, Thomas, 1627?-1688.	1682 (1682)	Wing H3757; ESTC R15660	26,212	49

to his Sons Wife Of the Brother to his Brothers Wife Of a man to his Wives Sons Daughter Of a Man to his Wives Daughters Daughter Of a Man to his Wives Sister Are plainly prohibited by Gods Law and that no man can dispense with Gods Law and that a separation be in such marriages be definitive Sentence in the Spiritual Courts of the Kingdom without prohibition from or appeal to Rome of such marriages By this Act marriages did become of lay Cognizance faith Sir John Vaughan R. 214. for the Kings Court were requir'd by this Law by the Kings writ of Mandamus to enjoyn the Ecclesiastical Courts to treat such unlawful Persons pretending marriage as incestuous Persons But whether this statute made marriages of lay Cognizance I will not determine for the statute that direct to whom administration shall be committed doth not take the matter of administration to the Common Law Courts neither do the writs of our Courts of Westminster which issue to the Bishops commanding them to assail an Excommunicant give the power of the Keys to the Secular Courts There was nothing by this Act of 25. H. 8. done to restrain the power of the Church in declaring what other marriages were unlawfull This Act only restrained the Popes power of dispensing with such unlawful marriages and gave Authority to the Kings Court to injoyn and command the Ecclesiastical Courts to dissolve such marriages by their definitive Sentence without regard had to the prohibition from or Appeal to Rome But the statute 28. H. 8. C. 7. the former Act of 25. is repealed but the power of the Papal dispensation in such marriages is condemned the said marriages are recited again and declared to be prohibited by Gods Law only with these differences that in the prohibition of the Sons marrying the Step-mother of marrying the Unckles Wife of the Father marrying his Sons Wife of the Brother marrying the Brothers Wife is added carnally known by the Father Unckle Son Brother respectively and in the prohibition to marry the Wives Daughter or her Sons Daughter or her Daughters is added having Carnal Knowledg of his Wife And with this further addition That if any man carnally know any woman all persons in any degree of consanguinity or affinity of the persons so offending shall be adjudged to be within the said prohibitions in like manner as if the parties so marrying one another had been marryed for instance if a man carnally know a Woman not marrying her he is prohibited to marry her daughter or daughters daughter In all other clauses this Act and the former Act of 25 are Verbatim the same and this Act is in force Sir John Vaughan says Rep. 215. that these degrees were the second time made of Lay Cognizance In this Act dispensations for such marriages are prohibited And for that this Act did declare these marriages to be prohibited by Gods Law they were declared and made indispensably unlawful null void and that they could not be ligitimated by the Papal Authority And thereby the Common Law Courts had a power given them to issue out the Kings writ of mandamus to require them to dissolve such Marriages by their definitive sentence But the Arbitrary power of that Church in defining the lawfulness of marriages yet remained in full force and unimpeached which was an Authority very much abus'd by unreasonable restraints of the freedom of marriage for Remedy of this there was a provision made by 28. H. 8. C. 16. That all marriages made before the 3d day of Nov. 26. H. 8. whereof there is no divorce had by the Ecclesiastical Laws of the Realm and which be not prohibited by Gods Law limited and declared in the Act made this present Parliament for Establishing the King's Succession or otherwise by holy Scriptures shall be lawfull and effectual by Authority of this present Parliament This Law went in Confirmation but to some few marriages before that time made and not rescinded by divorce thus forbidden by the Canons of the Church but yet left the power of the Church unabated still in declaring marriages unlawful other than are by the Law in Leviticus prohibited in all marriages but those within that time made and not divorced But by the statute of 32. H. 8. Cap. 34. a full and compleat remedy is provided against the unreasonable assumings of the Canon Law to restrain the Liberty of marriage for slight and phantastical motives and inducements by which the Virtue of Chastity was not materially promoted By this act it was declared That all persons lawfull to contract marriages that be not prohibited by Gods Law to marry And it is thereby enacted That no prohibition or reservation Gods Law Except shall trouble or impeach any marriage without the Levitical degrees And that no Person of what Estate degree or Condition whatsoever he or she be shall after the said first day of the month of July aforesaid be admitted in any spiritual Courts within the Kings Realm or any by Graces other Lands and Dominions to any process plea or allegation contrary to this Act some part of this as to precontracts was repeal'd by Ed. 6. and the residue was repeal'd by 1. 2. P. m. but it is revived 1. Eliz. Cap. 2. and now in full force Note That the words by Gods Law and the words or otherwise by Holy Scripture in these two last mentioned Acts refer both to the Laws about marriages in Leviticus But for that besides the cases expresly limited and declared in that Law other marriages within a parity of reason by the true sense of that Law which is the Law and the Scripture might be intended prohibited and therefore prohibited by that Law it is added or otherwise in holy Scripture Besides that of Leviticus there is no part of the old Testament if that prohibits or makes unlawfull any marriage Christ made no Law about the Lawfulness of marriages but confirm'd those which the Law of Moses had allowed against the abuse of the liberty of divorcing permitted to the Jews by the Law of Moses By the aforementioned statute that Law in Leviticus is made the statute Law of England it is become of Lay Cognizance and however the Divines may gloss upon the text our Judges have the Authority of a Legal and binding interpretation of that part of the Scripture Our Judges at Common Law are as competent to interpret this Law in Leviticus as any Divines and need not want any Learning that is necessary for expounding thereof besides that they have senses exercised to make right and fitting interpretations of Laws In omnibus legibus etiam maximè odiosis quales sunt quae paenam irrogant receptum est vbi eadem est ratio jus idem valeat In benignioribus autem legibus etiam à paribus ad paria procedit interpretatio Our Courts may follow the Karaej who interpret it to cases of parity of reason or the Talmudists which stand within the enumerated Cases of the

a turn sometimes by their Interpretation of Augury's and by their Arts of Divination The Laws of Marriage given to the Jews were the Laws of God as all their other Laws were and administred as all their otheir Laws were administred and not appropriated to a Judicature of Priests Their Laws tho given by God did oblidge only the People of the Jews and lost all effect as Laws with the dissolution of their Common wealth The Christian Religion contains no institutions that can properly be called Laws except the Institution of the Sacrament of the Supper of our Lord and Baptisme But it gives rules and precepts of an Excellent morality and requires greater degrees of Virtues to be exercised A greater Chastity Mercy Goodness and Temperance than the Mosaical Law requir'd in the instances therein defin'd and requir'd under penalties and a civil Sention By and in analogy to the general Institutions and Precepts of our Saviour the Christians were to govern themselves not determined by any definitive Law and as in the State of nature the conduct of these Virtues was by the measures of a Wise Man prout vir prudens definiverit to Christians the General rule of all their actions is prout vir Christianus definiverit 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The Christians though they did not take themselves to be bound to the Law of Moses they took themselves oblig'd not to do less than that Law requir'd but to proceed to perfection The Gentile Christians by the Councel held at Jerusalem Act. Apost 15.28 Were enjoyn'd amongst other things 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which Mr. Selden in his Book de jure Gentium Secundum Hebraeos interprets to forbid all those Marriages that were Interdicted to the Jews He that will take the pains to consult him will be very well pleased and satisfyed with his noble interpretation of that text The Christian Church did after proceed further in several prohibitions of marriages for the better security of the Virtue of Chastity which was in the first Ages the Honor and Glory of the Christian Church they highly commended Caelebate disgrac't Second marriages though they could not forbid them and prohibited sometime that they should not be honor'd with the presence of a Priest when celebrated Vides Sacratas Virgines miraris intactas anus primique post damnum Tori Ignis secundi nescias prudentius ad L●ur hoc est monile Ecclesiae his illa gemmis colitur Even for Adultery they would not allow it commendable immediatly to dissolve the marriage but to live in expectation of the Womans Repentance When the Governments became Christian they became conformable to her rule and honor'd her more pure institutions and were governed by them for that marriages was made a Symbol of the Vnion between Christ and his Church and the exercise and conduct of a glorious Christian Virtue was principally concerned in the limitation of marriages The declaring in what degrees and in what circumstances persons might marry or not marry was submitted to the directions of the Guides of the Church And so in all Christian Governments a marriage that was made well in fact according to the order of the secular Law was lawfully to be undone if the Church judg'd the persons not fit to come together in marriage for any reasons of great undecence or offence against the Christian Virtue of Chastity But this Power and Authority so duly lodg'd in the guides of our Religion for that it was to the purpose to instruct and guide Christians how to behave themselves in one of the principal Virtues of their Religion was insufferably abus'd after the Papal Usurpation The Pontificial and Canon Law multiplied restraints upon marriages to inconvenience and relaxed them for money and the most incestuous marriages they made lawfull at a great price The Roman Priests despise marriage and make it more profane than Fornication nay then Adultery it self And yet they have turn'd marriage in a Sacrament and have ty'd the Vinculum Matrimonii harder upon the laity than our Saviour left it The Vinculum Matrimonii they declare and determine to continue when the Woman is divorced for Adultery Though our Saviour allowed Adultery a good cause of Divorce for amongst the Jews there was no other Divorce but what did utterly rescind the Marriage Sir John Vaughan was mistaken when he calls this divorce an impeachment of the marriage but this mistake he run into to support his Opinion that the Statutes of H. 8. hereafter considered left some marriages to be impeached by the Ecclesiastical Courts and his other opinion he grounds upon this Hipothesis vizt that Questions of marriages belong still to the Curia Christianitatis notwithstanding these Statutes of H. 8. which opinion of his will appear a mistake by what we have hereafter to say For the Romish Church hath not done so well with us in the case of an Adulteress wife But in this if in any thing they are iniquiores in Matrimonium which hath been laid to their charg for they will not allow the marriage for this cause to be impeached But have bound heavy burthens upon the state of marriage to tempt the Laity to decline it whilst they disdain it In this we complain of that Church that they departed from the primitive Church in making that necessary to all Men which the first Christians only commended under a Liberty of Choice to the good and virtuous and bind them to sustain the Calamity of a continuing Marriage in all Cases whether the Man can or cannot sustain the want of a Wife and when the womans amendment is desperate as well as when hopeful By this means the condition of the Man was made very afflictive and remediless And without relief or recompence in the satisfaction of mind which accrues from the generous and worthy Resolutions proceeding from an Extraordinary virtue A remedy against this Evil the Reformation hath attempted but could never yet effect But against the mischiefs of their arbitrary Restraints of commendable Marriages It is provided by our statute Laws which we shall now consider and from thence it will appear that the Question of the lawfulness of marriage for the Reasons aforementioned divided from the secular Courts is now consolidated with the Question of Fact which was never remov'd from the civil Judicature As also for remedy against the lavish use of the dispensatory Powers assum'd by the Roman Church with forbidden and unlawful marriages for this purpose It was enacted and declared 25. U. 8. Cap. 22. That these marriages following of which some are nefarious and others accounted more abominable incestuous that is to say Of the Son to the Mother Of the Son to the Step-mother Of the Brother to the Sister Of the Father to his Sons Daughter Of the Father to his Daughters Daughter Of the Son to his Fathers Daughter born by the Step-mother Of the Son to his Aunt his Fathers or Mothers Sister Of the Son to his Unkles Wife Of the Father

and she it may be dare not have own'd it to her defeated Husband The Clerk that marry'd which is to be complained of was notoriously corrupted by threats and promises to deny the marriage Under these temptations he is a notorious falsary in what he thus saith to avoid the marriage and yet what he saith under these circumstances in affirmation of the Marriage is rejected as not credible upon this general rule falsus in vno falsus in omnibus when there can be no greater Evidence in the World of the reality and truth of any matter then violent and lend endeavors to have it disbelieve Except it be the testimony of the Man himself thus practis'd with on the behalf of that matter thus endeavored to be suppressed A clearer Testimony was never given to our Saviour of his Divinity then when he was acknowledged by the Devil the Father of Lyes to be the Son of God But after all this the terms of marriages are made yet harder by the nature and constitution as generally apprehended of our Judicatures that are to judge in matrimonial Causes which if legally such as it is generally taken to be we shall continue unhappy in this matter until we have a Law for our redress therein But the grievance is so great and the contrivance therein so little commendable for the Honor of our Nation that I shall offer some Reasons to your better consideration to prove that the Ecclesiastical Courts have at this time no Judgment in matrimonial Causes but that the right as well as the fact of marriages are cognoscible only in our common Law-Courts At present the fact of a marriage is try'd and judged in our common Law-Courts The right of a marriage is litigated in the Ecclesiastical Court Thus the question of right and the question of fact which are inseparable in true Judgment are divided After the common Law hath enquired into the truth of the Marriage the Ecclesiastical Courts upon a pretence of having the Judgment in the Question of Right whether the marriage be lawfully made they proceed to falsify the Verdicts and Judgments in our commen Law-Courts and to hold Plea whether the Marriage was de facto made or no which is all the matter in Judgment in that Court after it was setled in its proper Judicature And so we have two thwarting Judicatures that are not subordinat and yet this is not all whilst the matter hath been clear'd on Mr. Emmertons behalf in the Court of comon Law and consequently he ought to have all the rights of a Husband possession of his wifes Lands and of her person The Chancery interposeth that hath no manner of Cognizance in the Cause neither of the right or fact and at pleasure sequesters and disposeth of the Estate and Mr. Emmerton must content himself with Alimony at the allotment of that Court as if he were the Adulteress But it is notorious to the World how dilatory that Curia Christianitatis is which allows so many appeals and so expensive That if Mr. Emmerton had not marry'd young he might have been superannuated for Marriage before the controversy is ended and if his Fortune had not been considerable he might have wanted bread more than a wife besides that they have given Judgment against him by the delay and he hath lost his Wife except she be reclaim'd by a very improbable repentance For want of a timely remedy he hath lost his wife irrecoverably and it is not in the power of any Court to restore her to him for she hath now alien'd her affections inveteratly He hath lost her by the delays of the suit and the countenance therein given to her pretence hath engaged her in great difficultys A suit which supports it self by such means as use to feel the power of a Star-chamber It was accounted a vile Crime amongst the Jews and forbidden by the 10th Commandment Thou shalt not covet thy Neighbours wife to breed and foment a dislike in the Husband towards the Wife to provoke him to divorce her to the purpose to marry her But this is a far worse Crime than they were capable of acting for they have wrought the Wife between dislike and enjoyment to divorce and abandon her Husband a thing monstrously wicked and very unnatural And of this Crime the delay that hath been given to this Cause is chargable I am glad it is imputable to things only which have no conscience and not to Persons that have But this is not all Mr. Emmerton knows he was marry'd to Mrs. Hide and cannot be free from his Marriage nor marry another without committing Adultery since no Authority can dissolve the Marriage and the declaratory Sentence of a Court that they were not marry'd cannot alter the truth of the case but he is still her Husband and this all the Canonists will acknowledge for that matrimonial Causes do not Transire in rem judicatam neither can the Marriage be dissolved by any misbehavior of the wife a Sentence of Divorce doth not dissolve the Vinculum Matrimonii and therefore he can much less in the opinion of these Courts discharg himself from the marriage Bond So that there had need be a very clear Evidence such as carrys no doubt with it that can warrant a Nullity sentence that is charged with such mischiefs and inconveniencys But this cannot be the true State of the Evidence in this Cause since notwithstanding all the Art used to lessen the certainty of the Marriage and bring it into some doubt the greatest Authority hath been for confirming the Marriage in all the instances of the Causes Nay the best managers of the Cause on the behalf of Mrs. Hyde have apply'd themselves not so much to invalidate the Evidence as to disgrace the Person of Mr. Emmerton and to provoke thereby an Envy against his Right to the Lady which ought not to be endured by any Court much less ought it abuse and by as the understanding of a Judge and corrupt his Judgment But such hardships and inconveniencys as these will not be considered and are hard to be prevented in such Commissions as are issued out in this Cause In which Men are named not for known Wisdom and sufficiency to judge and determine Causes in this Nature but for the greatness of their Quality No Man can act beyond his sufficiency and in a doubtful Cause as all Causes are doubtful or with little skill may be made so to Men that have none The consideration of Friendship will determine him that cannot govern himself by the Merits of the Cause or will not guide himself by the Judgment of Men of the best Authority and Reputation It is very hard to be judged by any Man whose Honour doth not depend upon right judging and where the Error in judging may be with more probability imputed to the want of skill and incompetency than to wilful Mistake So that a probable opinion that this cause and others of the like nature ought to