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reason_n	great_a	know_v	think_v	4,867	5	3.8178	3	true

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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

either to void those Marriages which that hath disanulled but which are good in the sight of God or to bless those second Marriages which this alloweth but God's Law makes Adulteries the Party that is put away and not for Adultery remaining alive it will be a horrible Breach upon Christianity When the Church shall be compelled to judge and disanul Marriages by another Law than that of Christ and allow of and bless others which that forbids The Act of the Church in the Case will seem to concur for the securing the Consciences of Christians wherein when it is constrained to concur in an unlawful Case upon whom shall those Souls that are in danger by that means to perish be chargeable They who will say upon the Clergy that shall concur in it as I doubt not but many of this Age will be ready enough to say will 't is to be hoped excuse the Clergy who shall be afraid to concur in it for fear of a greater Punishment from God in being Partakers with what will open a Door for Adulteries than that which severe Governors may inflict to enforce Laws with which in Conscience they cannot comply But besides upon a Divorce in which the Church is Judge Bond is at present required by the Canon to be taken that neither of the separated Parties marry again but live single a Law made for Prevention of designed Adulteries which were found to be made use of to void Marriages of set purpose And if this Canon be observed the Parties separated after such Marriages and Cohibitation in their Minority are to be obliged to live single To which I doubt the Parents of such Minors will not be over-willing neither is it I suppose designed but the Church must have a Constraint laid upon her and her Canons must be laid aside at the pleasure of the Secular Power how well or ill soever the Concerns of Christianity go in the mean time 'T is too long to mention the Advantage which the Papists will have against the Reformation when Divorces shall become practicable after this manner who may have colour enough to charge it on us as the Effect of our denying Marriage to be a Sacrament None to grant Licenses but Vicars-General of the two Archbishopricks Master of Faculties Chancellors of each Diocese and one Deputy of theirs in each Diocese with Approbation of the Bishop If any grant License to any not being viz. above eighteen if Males and sixteen if Females without Father or Guardians Consent personally present or his Certificate signed and sealed before a Justice of Peace and attested under his Hand and Seal and by the Oaths of two Witnesses or to Minor the Father being dead without the Oath of two Witnesses that the said Minor is at least sixteen if Male and fourteen if Female To forfeit five hundred pounds and to be disabled to hold any Employ And if the Deputy does contrary to the Act he that Deputed him shall be liable to the Penalty provided the Bishops be not liable for approving such Deputy A Forfeiture this that a Man would not chuse to run the Hazard of for all the supposed Advantages or Profits of Fees for granting Licences It had been much more beneficial for Chancellors and their Deputies to have had their Faculties wholly taken away and a Law made for Publishing the Banns in all Marriages which would more effectually prevent the Mischiefs this Act is designed for But this I suppose could not be by reason that Great Men will not be upon the same Level with the vulgar but Respect must be had to them even in Religious Matters and Ecclesiasticks for a poor Reward must serve them in it and be answerable for the Inconvencies which follow thereby From which its something that the Bishops are exempt and that the Burthen and Danger lies upon their Offices and the Inferior Clergy Whoever marries such Minor contrary to the Act to suffer Death as a Felon without the Benefit of Clergy Father Mother Guardian of Minors may prosecute and if none of them do within twelve months the next of kin shall sue to have the Party convict of Life No pardon to be pleaded in Bar of such Suit It is not intelligible by the Abstract I have seen whether the person so to suffer Death be an adult person that have married such Minor or the Minister that joins them in Marriage If it be the former and there be no difference whether it be Man adult or Woman that gets married to such Minor A Woman which by this Law is no Minor after sixteen years of age should she be prevailed with by a Youth of seventeen who by this Law is reputed a Minor to marry him without his Fathers Consent may come to suffer upon that account Yea be it Man or Woman and be there some kind of Artifice in gaining the Affection of the Minor yet when the Contract is voluntary it seems somewhat hard that the Crime shall be punished with death especially when the Marriage is made void too and when Adultery fraudulently committed with a Neighbour's Wife is not punished with any such severity tho doubtless a much greater Crime If the Party be to be punished with Death the Marriage need not be made void and if the Marriage be it self null or by the Law may be disanulled it merits not a Capital Punishment while that of Adultery is not punished with it The Allowance of the next of Kin to prosecute after twelve Months if the Father does not is much more hard when the Father shall not have the Power or Liberty to give an After Consent if he finds occasion for it but a Kinsman that thirsts after the Inheritance of his Estate perhaps shall have it in his Power to convict the Offenders when the Father who is the injured Person may be willing to remit the Offence But probably this Arguing is upon a Mistake and it is intended that Whoever Minister or Parson shall join such Minor in Marriage he shall suffer Death If it be so methinks any Man of common Humanity should think it very severe That when the Guardian aiding in the Marriage of a Minor against his Trust or Servant Domestick or other Parson who has by Fraud drawn in a Minor to such Marriage shall be only punished some by Forfeitures others by Imprisonment the Minister before whom such Contract is ratifyed because in an undue manner shall be punished with Death and this too when the Marriage is by Law made soluble 'T is a very great Crime indeed a most wicked Action for a Clergy-Man to be instrumental in marrying a Minor that he has reason to think may not understand what he is going about or if he does whom yet he knows to take no notice of his Duty to his Parents with whom he should advise and by whom he should be directed in so weighty an Affair But why is it so great But because he betrays the Trust the Church hath put

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