Selected quad for the lemma: act_n

Word A Word B Word C Word D Occurrence Frequency Band MI MI Band Prominent
act_n king_n parliament_n sovereign_a 3,527 5 9.3552 5 false
View all documents for the selected quad

Text snippets containing the quad

ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A63921 Two discourses introductory to a disquisition demonstrating the unlawfulness of the marriage of cousin Germans, from law, reason, Scripture, and antiquity by John Turner ... Turner, John, b. 1649 or 50. 1682 (1682) Wing T3319; ESTC R11417 26,430 68

There is 1 snippet containing the selected quad. | View lemmatised text

TWO DISCOURSES INTRODUCTORY TO A DISQUISITION Demonstrating the UNLAWFULNESS OF THE MARRIAGE OF Cousin Germans From Law Reason Scripture and Antiquity By JOHN TVRNER late Fellow of Christs Colledge in Cambridge Opinionum commenta delet dies Naturae judicia confirmat LONDON Printed by H. H. for Walter Kettilby at the Bishops Head in St. Pauls Church-Yard 1682. TO THE READER THE Design of the two following Discourses is express'd in the Title-page and how they contribute to that Design will be best seen by the Discourses themselves I do profess very solemnly whatever Interpretations may be made either of this Introduction or of those Discourses which are immediately to follow it yet I would not upon any Consideration whatsoever have published my Thoughts upon this Subject did I not think my self obliged in Conscience to do it did I not know certainly that what I am about to write aims not at the Embroilment and Disturbance but at the Peace of the World and were I not equally sure that all this may be done upon such Principles as can give no man any reasonable cause of Offence but on the contrary such as with which all Wise and Good Men ought to be extreamly satisfied and pleased Farewel CHAP. I. Of the true Meaning and Intention of the Statute of 32. H. VIII c. 38. I. THE Act of Parliament still in force concerning this Assair which though repealed 1mo 2do Phil. Mar. c. 8. was again restored to its Ancient Power and Authority 1mo Elizabethae c. 1. is 32. II. 8. c. 38. II. In the Preface to that Act there are these words concerning the Inconveniencies of Dispensations to Marry which had been used in former time to be procured of the Pope in case the Parties concerned were allied to one another in any of the Degrees prohibited by the Canon Law Further also by reason of other Prohibitions than Gods Law admitteth for their Lucre by that Court a The Court of Rome invented the Dispensation whereof they always reserved to themselves as in Kindred or Assinity between Cousin Germans and so to fourth and fourth Degree Carnal Knowledge of any of the same Kin or Affinity before in such outward Degrees which else were lawful and be not prohibited by Gods Law and all because they would get Money by it c. III. And our late Reverend and Learned Mr. Hales in his Miscellaneous Discourses hath among other things a Letter to a Friend in Resolution of this Question concerning the Marriage of Cousin Germans in which he determins on the Affirmative side with what reason we shall see in its due place but that for which I now mentioned his Name is that speaking of this Act of Parliament he saith P. 267. Ed. 1673. That amongst the Degrees specified in that Act as lawful if his Memory fail him not Cousin Germans are expresly mentioned IV. And his Memory did not fail him though he made a wrong use of it at this Time for though it be true that Cousin Germans are mentioned in the words above produced by me as Parties lawfully marriageable with one another and no ways prohibited by the Law of God yet it is here to be considered that this is not the Judgment of the Law it self but only of the men that made it who may possibly be deceived as the Articles of our Church oblige us to believe that even a General Council may err notwithstanding they lay claim to those Divine Assistances to which no Parliament ever pretended for these words are not in the very Act properly and strictly so called but only in the Preface to it in which as in all other Acts of Parliament the Reasons why that Act was made are specified and set down but that which in the true strict and legal Propriety is called the Act and does oblige as the Act and Deed of the King and his Two Houses in Parliament Assembled is of necessity to be supposed to begin at these words Be it therefore Enacted by the King c. and that only which follows these words which otherwise would be in vain and of no signification is that which passeth an Obligation upon the Subject V. It is therefore in the next place to be considered what that is which is by this Act of Parliament prohibited after those words Be it Enacted by the King c. and that is expressed in these following words That all and every such Marriages as within this Church of England shall be contracted between lawful Persons as by this Act we declare all Persons to be lawful that be not prohibited by Gods Law to Marry such Marriages being contracted and solemnized in the Face of the Church and consummate with bodily Knowledge c. shall be by Authority of this present Parliament aforesaid deemed judged and taken to be lawful good just and indissoluble and that no Reservation or Prohibition Gods Law only excepted shall trouble or impeach any Marriage without the Levitical Degrees VI. So that if we will submit our selves to the Conduct and Guidance of that Clue which this Act of Parliament hath given us for our Direction the Levitical Degrees that is to say the Degrees prohibited or allowed by the Law of Moses are to be the Measures of Liberty and Restraint and whatsoever Degree the Law of Moses forbids the same is forbidden by the Laws of England and on the contrary whatsoever Degrees are permitted in the Code of Moses the same are likewise allowed and deemed to be lawful good just and indissoluble by this Act of Parliament and by the Civil Laws of this Nation VII Whence it is plain that the true thing to be enquired into for a clear and solid Resolution of this weighty Question concerning the Marriage of Cousin Germans so far as this Act of Parliament is concerned in it is this what are those Degrees which are prohibited by the Law of Moses And if it shall appear upon a just and impartial Survey of the whole matter that the Marriage of Cousin Germans was absolutely forbidden unless in a Case which shall be mentioned in which our Age and Nation is not concerned and in another which neither doth nor can belong to persons in a private Capacity and Station in which Number I include all but Sovereign Princes or such as have a nigh Relation to the Crown then it follows unavoidably that in all ordinary Cases such Marriages are prohibited by this Act of Parliament VIII Neither will it be sufficient in this Case to say That the King and his Parliament did not intend by this Act to prohibit the Marriage of Cousin Germans but on the contrary their Intention was certainly to make it lawful which I do readily grant yet here I speak it with all Submission to the Judgment of my betters there are two several Intentions to be considered a Paricular and a General by a particular Intention as appears by the Preface to the Act it was designed to make it