Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	adultery_n	commit_v	fornication_n	1,452	5	12.1572	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A57044	A Representation of the prejudices that may arise in time from an intended act concerning marriages &c.		1692 (1692)	Wing R1105; ESTC R26985	9,065	18

the Validity of it in Conscience depends upon a Man's having the Use of Reason when he made it be it at any Age. 'T will be said I know The Law of the Land will secure the Conscience in this case But it should be first proved that God allows us to take Man's Law for our Direction in this matter otherwise where there shall be found a Repugnancy between God's Law and any Law of men They who think in Conscience that they are to obey God rather than Man cannot be perswaded that any Law of the Land will bear them out in acting against the Law of God And here in this case there is so far a Repugnancy that the Law of Christ says if a man be Divorced for other Cause than that of Fornication and marry another he committeth Adultery and causeth the Wife to commit Adultery But the Intended Law of the Land makes void Marriage for want of the Consent of the Father of the married Person a Cause that we find no Instance of any Divorce for among the Jews when their Practice was permitted Some may say This making the Marriage void is not a Divorce but the Declaration of a Nullity in the Marriage but this I fear is a Subtile Distinction that can give little Security to the Conscience For the thing will be still in dispute What makes a Marriage in the sight of God whether the Voluntary Action of a Person having the use of Reason that contracts himself to a Woman in face of God's Church and cohabits with her upon it or the Consent which his Father shall give to what he does This the Conscience of a Voluntary Agent with resolve him in more plainly than all the Arguings of subtle Wits in the case 2. But now besides the Snare which the Dissolution of Marriages according to this Act may prove to Mens Consciences there may be an Injustice in it in many Cases to an Innocent Party As in the Instance proposed before for Example of a Man at 17. marrying a Woman of the same Age. The Woman may have the Consent of her Parents or is of Age sufficient according to this Law to marry without them and may be deceived by the Man and told that he has no Father living or that his Father is consenting and made to believe as much or may not mind to look after it being of less discretion than a man of the same Age with her In such a Case a Marriage may succeed and a Cohabitation Now should a Separation be made after this as by the Intended Law it may no Provision being made to help the Woman in case of such a Fraud it would be very hard in many Respects as She cannot be secured in Conscience in marrying again as She has been robbed of her Virginity as She may be left with Child c. The Innocent Party in such a case would be manifestly punished for the fault of the other 3. Again 't is by this evident what advantage likewise a fraudulent Person might make of this Law to serve his Ends upon a Woman and then get a Separation from her or throw her off upon any Dislike 4. In a word Suits about the Validity of Marriages will very probably be found endless considering the many Opportunities ill Men may have by this Act to call a Marriage into question whenever they shall dislike or be willing to get rid of their Wives Which may prove a much greater Evil to Parents as to worldly Respects in the Marriage of their Children than the Mischiefs which some may imagine this new Law will prevent 5. The Children likewise born of such Marriages are left without Provision unless it be that which the Law of the Land hath already made for Bastards which these I suppose are intended to be reputed And when the Women that are divorced in such Marriages shall come to be reputed Harlots as they must in consequence That Stain may be more a Prejudice to Families than can at a distance be apprehended By these Instances any Man that would set himself to consider may guess at a multitude of other very dangerous Consequences prejudicial to Christianity and more prejudicial to Families than the Mischief intended to be quenched which may follow upon this Act through the Inadvertency of many well meaning Persons the Endeavours of others to elude and others to abuse the same Son under sixteen or Daughter under fourteen their Father being dead tho they marry or contract with Guardians Consent yet such Marriage shall be ipso facto void The Intention of this I suppose is to prevent the Fraud and Dishonesty and Betraying of Trust in Guardians that they may not as some perhaps have done marry a Minor for Gain or to their own Relations as others to the Child 's great Disadvantage while it is so young as to be supposed not to have the Use of Reason to know what the Contract of Marriage signifieth or to assent to such a Contract A Crime this that deserves Punishment by such Forfeitures as the Guardian is subjected to by this Act in case of betraying his Trust viz. Value of a Third Part of the Minors Estate and perhaps a greater Penalty than so But in the making void such Marriages many Consciences may be intangled as before and greater Inconveniences happen to the Minor in respect of Reputation c. than the Provision which is made hereby for the Security of the Estate can recompense Minor marrying contrary to the Act not to have the Benefit of any Law by reason of such pretended Marriage but shall lose Right and Title to Goods Chattels Dower Letters of Administration c. A Punishment somewhat too severe upon Minors whom this Act supposes not to have Vnderstanding to Contract for their own Marriage who cannot therefore well be supposed to have Foresight enough to prevent the Danger which after this Law they will incur The Father Guardian or Friend of such Minor may prosecute in the Minors or their own Name in Ecclesiastical Courts and have the Marriage nulled A most strange Imposition this is certainly like to be upon the Church that the Church shall be enforced to void Marriages according to the Laws of the Secular Power when the Trust it hath in the matter of Marriages committed to it is from the Law of Christ which hath confined all Christians to marry One to One and the Marriage to be Indissoluble but in Fornication The Civil Power may as well be an Enemy to Christianity as not and that as well professing to maintain it as professing to persecute it and to say therefore that God hath left the Consciences of Christians to be secured by the Civil Power submitting to what it determines in this case is to say that the Consciences of Christians can be secured in the Dissolving of Marriages otherwise than according to the Law of our Lord. Whenever therefore the Law of a Kingdom shall inforce the Ministers of the Church

in him and this in a Case that cannot be remedied afterwards the Marriage when once consummate not being soluble But suppose the Marriage may be dissolved again according to this Law the Crime is much less than before To prevent all Clandestine Marriages Minister Marrying without Banus or Licence or at any other time than appointed by Law and the in Priviledged Churches is to be suspended ab Officio Beneficio for the first Offence and suffer Imprisonment for three years The second time to be deprived and incapable of any Preferment for ever If not Beneficed he shall be Degraded and Imprisoned This seems to comprehend all Clandestine Marriages and makes the Case equal whether the Minister has done an Act of Injustice to any Person in Transgressing the Law or not 'T is severe that when an offence is not against the End of a Law that an Infirmity in a Minister in yielding to the importunity perhaps of a mighty Man in his Parish that over-awes him too so far as to ware the Formalities of the Law shall be punished as if he had done the Injustice the Law intends to prevent The Minister should not yield you 'll say True yet there 's never a Peasant or Mechanick in his Parish but will take upon him to declare himself offended when the stubborn Priest will not wave the Rules he is to go by to oblige him and what Difficulties may a Clergyman whose maintenance is strait and what he has Precarious too be brought into by the strictness of this Act Minister shall not suffer if Licence be forged c. 'T is a kindness at last that the Minister shall not suffer if Licence be forged But he is still exposed to vexatious suits and molestations and must be at infinite Trouble to take and keep by him Memorials of the Circumstances of every Marriage that he may be able to quit and clear himself should he be called to account as he may be at any time hereafter There is no man if the case were his own but would desire to be freed from so hazardous an Office which though he endeavours to discharge with the utmost fidelity shall expose him nevertheless continually to be harassed with suits and brought in danger of losing all his Livelyhood Out of common Compassion therefore one would think such a Burthen and such Difficulties should not be imposed on the Clergy which they might be eased of too by a Law that no Marriage whatsoever be before the Banns be published three several Sundays in a full Congregation in the Parishes where the Parties concerned live and This to be the Ministers security that if any Minister married any Persons without Banns published or notwithstanding Impediment alledged then the Punishment be such as is here assigned which one Provisoe in all probability would prevent the mischiefs designed by this Act to be prevented more effectually than all the studyed Cautions thereof And in that Case there would be no snare to mens Consciences as here where the Secular Authority takes upon it to void Marriages otherwise than by the Law of Christ and to compel the Church to do the same Methinks there should be some Compassion for the Clergy as well as for the People called Quakers who have not only a favour but an advantage in the close of this Act from which a Man that does not envy them in it may yet take occasion to Request that the Consciences of the Clergy be not imposed on any more than those of other men As Experience may ere long evidence that they will be where they shall be compelled to concur in the Execution of several Particulars of this Act. To make them concur in which is hard at present it is Provided that this Act be read in all Churches a thing that that Man cannot in Conscience comply with who does not believe that such Marriages are void by the Law of Christ which by this Law of the Land are intended to be Dissolved or made Null A Man that would set about it might write a Volume upon the Sins and Inconveniences and Mischiefs that may follow this Act should it pass into a Law of the Land which 't is to be hoped it never will in a Nation professing Christianity should it ever the Fault will lie heavy somewhere chiefly upon those who by their Place and Station should endeavour for the Interest of the Church and of Christianity and yet in this Case are silent and content to let a Law pass which hath a specious Pretext but which in time shall make way for that to become Practicable which suits the new modelled Opinions of some Modern Divines but is widely different from the Law of Christ and the Sense of the whole Church interpreting it viz. That Divorces be for other Causes than that of Fornication FINIS