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B03480
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Four tracts. I. A short discourse about divorce and its causes, fornication and adultery. II. A charge to judges, juries and witnesses concerning oaths. III. About infant baptism. IV. A letter to a lady, who hath forsaken [t]he Protestant religion for the Romish. / By J. Gailhard, Gent.
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Gailhard, J. (Jean)
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1699
(1699)
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Wing G121A; ESTC R202025
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118,480
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174
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Point in hand were Additions posterior to the Original without naming any Author for it An Adulteress doth quite destroy the End of Marriage for God said (a) Gen. 2.18 It is not Good for Man to be alone I will make him a Help-meet for him Thus a Wife is given a Man to be a Help unto him but an Adulteress is a Scourge and not a Help vers 23 And Adam said in the Spirit of God This is bone of my bones and flesh of my flesh The Husband cannot say of an Adulteress she is Bone of my Bones but she is Bone of another man's Bones and Flesh of other man's Flesh And what shall we say to what is contained in the latter end of the following Verse vers 24 They shall be One Flesh seeing she makes her self One Flesh with another or others than her Husband whereby we plainly see the Ends of the Institution of Matrimony are wholly destroyed And as Man is to leave Father and Mother so near Natural Relations and cleave unto his Wife and they Two to be One Flesh so is the Wife to leave Father and Mother and every other Relation whatsoever and cleave unto her Husband that she may become One Flesh with him as he with her otherwise the End of the Matrimonial Bond is not Answered but made Void In Scripture Four Things are required as necessary in Marriage of those who are under the Bond of it First That Husband and Wife should Love One another to the height of Dearness which is represented by the Love (b) Ephes 5.22.23 23.25 between Christ and his Church Secondly They ought to Live together unless the Calling of God requireth otherwise for a time Now a Wife that runneth after other Flesh c 1 Cor. 7 5. may not be said to Live with her Husband but rather to depart from him in which Case she is not Divorced but goes away her self and in some Cases happeneth sometime a Circumstance material to the Point of Divorce namely when the Unbelieving Wife doth depart from the Believing Husband and breaks thus the Matrimonial Bond in such cases saith St. Paul (d) v. 15. A Brother or Sister is not under bondage Thirdly They ought not to Defraud one another of Conjugal Benevolence for neither Husband or Wife have Power of their own Body but mutually each of other's as (e) v. 3 4 5. expressed in the same Chapter therefore they may not Dispose of their Body upon others Fourthly That the Husband doth behave him self as the Head and Preserver of the Body and the Wife must submit and be subject unto her own Husband as her Head as the Church is subject unto Christ as in the fore-quoted (f) Ephes 15. place These Duties married people must observe as being the revealed Will of God and when they are Broken the Conjugal Bond is thereby much shaken but wholly Dissolved only in the case of Adultery and the offended Party hath cause if he pleaseth to Sue for a Divorce which may not justly be deny'd at least a suitable Punishment which though the Party desired not yet I think the Laws should Condemn the Offender to Indeed 't is the Duty of the Supream Power and Magistrates under them to consider of how great Consequence this matter is for a well-regulated Government as 't is certainly the Ground of all Government For what is a Kingdom but a Collection of several Shires or Provinces and these Shires of Cities and Towns and these Towns consist of Houses inhabited by Families and these Families composed of Husbands and Wives of Parents and Children Masters and Servants whereof Husband and Wife are the Spring and Foundation So that whosoever will have a well-regulated Nation he must begin with Families whereof Husbands and Wives are the Heads which is to Build upon a sure and good Foundation or else 't is in vain to look for pure Streams when the Spring is corrupt Adulterers and Adulteresses will Propagate a Spurious Brood stained with Vices derived from the corrupt Blood of their Parents for too often on the Bad Side the Proverb proves true Like Father like Son Like Mother like Daughter in some Families we see such Stains as the Ill Names and Bad Courses of Parents do hinder and ruin the Fortune of Children 'T is then palpable how Superiour Powers are concerned to make good Laws and Rules and to see they are Observed whereby the Disorders which happen in Families to the Prejudice of Conjugal Duties be Restrained and Punished Such good Orders will bring out at least in some good measure Men and Women good in every Relation better Parents better Children better Husbands better Wives better Masters better Servants better Princes and better Subjects The Importance of this Truth hath been so well known by Popes that where Popery is Predominant they have Ingrossed unto themselves almost the whole Power relating to Matrimony with their Dispensing with Forbidden Degrees of Consanguinity and Affinity and with starting new ones of their own Invention still reserving for themselves a Dispensing Power for Money wherein Princes of their Perswasion suffered themselves to be Fooled by them having first by Fraudulent Suggestions gotten the Imperial Power into their own Hands and afterwards by Force drawn to themselves the whole Authority of Judging and Determining in Matrimonial Causes as in most other matters Somewhat before we said how the Civil Law is for us now we must briefly shew it Some of the first Christian Emperours as well as some Heathen before to Justinian and after being sensible of the Necessity of Preventing Abuses in this matter by the Advice of able and wise Judges made Laws to grant Divorces for certain Causes Such among others * Cod. Theod Tom. 1 â—it 16. De repudi fol. 310. were Theodosius and Valentinian Only Three Causes are given for which a Wife may Sue for a Divorce and are therein named If her Husband be a Murtherer a Poisoner or a Destroyer of Sepulchres but she might not Sue tho he were a Drunkard a Gamester or Adulterer but the Husband might if she were an Adulteress a Poysoner or a Baud Si maecham vel medicamentariam vel Conciliatricem Fol. 313. are the words Further Sané si Divorâ—ium prior maritus c. If the Husband first hath desired a Divorce and Accused the Wife of a great Crime as Adultery let him Prosecute her according to Law and obtain Vengeance that is Divorce and enjoy the Portion and Downy for so I take it to be the meaning of suam recipiat largitionem and preseÌ„ntly must be free to marry another He upon that account not only may Sue for a Divorce which ought to be Granted but also to retain the Portion and Dowry and so leave her to the wide World without Maintainance and also marry another Nay if 't was only upon the Account of Ill Nature and Manners and not for Crimes Two Years after he may marry another Si vero