Selected quad for the lemma: book_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
book_n	authority_n	canon_n	scripture_n	1,737	5	5.7373	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A25513	An Answer to a book intituled, The doctrine and discipline of divorce, or, A plea for ladies and gentlewomen, and all other maried [sic] women against divorce wherein both sexes are vindicated from all bonadge [sic] of canon law, and other mistakes whatsoever ...		1644 (1644)	Wing A3304; ESTC R11990	36,645	48

TO preserve the strength of the Mariage-bond and the Honour of that estate against those sad breaches and dangerous abuses of it which common discontents on this side Adultery are likely to make in unstaied mindes and men given to change by taking in or grounding themselves upon the opinion answered and with good reason confuted in this Treatise I have approved the printing and publishing of it Novemb. 14 1644. JOSEPH CARYL Errata IN pag. 1. line 17. read aut for and p. 2. l. 2● r. Kens case for Ker●s case p. 9●● o r. to for as p. 12. l. 24. leave out naturall in the first place p. 14. l. ult ● Obligee for Obligor An Answer to a Book Intituled THE Doctrine and Discipline OF DIVORCE OR A Plea for Ladies and Gentlewomen and all other Maried Women against Divorce Wherein Both Sexes are vindicated from all bonadge of Canon Law and other mistakes whatsoever And the unsound Principles of the Author are examined and fully confuted by authority of Holy Scripture the Laws of this Land and sound Reason Concil. Anglic. Anno 670. Can. 10. Nullus conjugem propriam nisi ut sanctum Evangelium docet fornicationis causa relinquat LONDON Printed by G. M. for William Lee at the Turks-Head in Fleet-street next to the Miter Taverne 1644. An Answer to a Book intituled The Doctrine and Discipline of Divorce restored to the good of both Sexes from the bondage of the Canon Law FOr our more orderly proceeding in this question of Divorce viz. whether a man may divorce or put away his Wife for indisposition unfitnesse or contrariety of minde we will do these three things 1. Shew what the Doctrine or discipline of Divorce is 2. Give some reasons why a man may not put away his wife for indisposition unfitnesse or contrariety of minde although manifested in much sharpnesse 3. We will answer the Arguments and Scriptures which are brought by the Author of the Book intitultd The Doctrine and Discipline of Divorce to prove that a divorce may lawfully be for contrariety of minds c. Concerning the first thing what Divorce is or the Doctrine and discipline of it The word Divorce comes from the Latine word divortium which comes a divertendo and divortendo to intimate that by divorce a woman is separated divided or turned aside from her husband the Greek is {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} ex {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} i. e. repudio rectius {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} dicitur quod ab {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} i. e. ab {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} i. e. sto quasi dicas abscessio The Hebrew word is Cherithuth from Chorath which signifies a cutting off dismembring or separating or foedus icere but Cherithuth is {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} properly a Bill of divorce or parting Thus concerning the word Now concerning the divorce it selfe to shew what it is we must consider it under a twofold notion First as it hath been practised by the Jewes according as they thought directed by Moses's Law and so Divorce was a free and a voluntary act of the Husband made known by writing whereby he did dismisse and for ever put away his Wife and give her leave to marry to another man To this purpose some of the Hebrew Rabbines have set down the form of the Bill of Divorce used amongst the Jewes in effect thus I such an one setting down his name the day and year do voluntarily with the willingnesse of my soule without constraint dismisse leave and put away thou even thou naming her name which has● been my wife heretofore but now I dismisse thee that thou maist be free and be married to whom thou wil● And this is unto thee a writing of divorce according to the law of Moses Witnesse R. and T. The Jewes require to make a lawfull divorce that the man must put her away willingly that it must be by writing that he must put her quite out of his poss●ssion that she be truly named in the deed of divorce and that the deed of divorce be given to her either by himself or his Deputy before witnesse Thus of Divorce as practised by the Jewes in relation to Moses's Law In the second place we will consider of it as practised by the lawes of England And so Divorce is a sentence pronounced by an Ecclesiasticall Judge whereby a man and woman formerly married are separated or parted Cook lib. 7. Keras case This Divorce is twofold 1. There is a divorce a vincul● matrimonii from the very bond of matrimony it selfe 2. There is a divorce tantùm à mensa thoro from bed and board only Concerning the first kinde of divorce from the very bond of matrimony it self the cause of this divorce must precede or go before mariage amongst which are 1. Causa precontractus because the parties or one of them was contracted to another before a●d so if a man marry one precontracted and have issue it s the fathers childe till divorce for precontract and then is it nullius filius a Bastard Cook lib. 6.66 Di●r 105. 2. There is a divorce a vinculo matrimonii causa frigiditatis vel causa impotentiae for cause of impotency to mariage duties yet if after a man be divorced for impotency and take another wife and have children by her these shall not be Bastards because a man may be habilis inhabilis div●rsis temporibus able and unable at divers times Cook lib. 5.93 Di●r fol. 178. 3. There is a divorce à vinculo matrimonii causa minoris aetatis vel impubertatis because they are within age at the time of mariage● and so if two be maried infra annos nubilos and after full age are divorced for the same the woman may bring an Assise against the man for land given her in frank-mariage Lib. Ass. 19. An. plac 2. which proves the divorce is from the very bond of matrimony Besides these there are divers other causes of divorce à vinculo matrimonii as causa affinitatis causa consanguinitatis by reason of affinity and consanguinity or kindred Cook com Littleton So causa professionis and termino paschae 30 Edw. 1. coram Rege there William de Chadworths case how that he was divorced from his Wife because he carnally knew the Daughter of his Wife before he maried her mother these are causes of divorce from the very bond of matrimony allowed on by the Common law concerning which the Civill or Canon law makes some distinctions and additions So in the case of divorce causa impotentiae vel frigiditatis for impotency to mariage duties Although Iustinian as some think discreetly did will that there should be three yeares triall of the disability yet here the Canon law expects present proofe yet some think this cause doth not dissolve from the very bond of matrimony except the impotency or