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A41854 The Great advocate and oratour for women, or, The Arraignment, tryall and conviction of all such wicked husbands (or monsters) who held it lawfull to beate their wives or to demeane themselves severely and tyrannically towards them where their crafty pleas are fully heard and their objections plainly answered and confuted ... 1682 (1682) Wing G1631; ESTC R40508 48,310 156

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armes nor Vulcan on his anvile playd Musick unto the Gods whiles forged was the sword VVhich now with sharp revenge Seconds each hasty word No trumpets then to stirr up warrs were heard no strif But in this Golden Age they livd a golden life And parallell allso to the purity of this golden age was the perfection of man and womans soule For when their bodies were first framed God created there in a lively soule which he stiled the breath of life and that Spirit beeing of an Angelical Essence diffused it self into each part giving motion sence and reason to the whole Now in this naturall marriage of Souls and body the Soul acts the body and the body supports the soule The Soule brought with her a rich dowry for the body quick apprehension deepe understanding and a treasurie fraught with memory The body brought a faire posession for the soule and received her within his habitation and Seated her with in the warlike castle of his heart fortifyed her with the thick bullwark of his breast attended her with waiting faculties as a family of so many servants made his eyes her watchmen his tongue her Orator his ear her sentinel his hands her Champions his feet her lackies his common parts her common vassals Now whosoever we please to take a review of womans first Creation equal unto mans having the same maker the same manner of making better then mans because framd of a better Substance in a place more Excellent and at a more remarkable time and of the Originall of mariage equal to both in as much as both were one flesh and one nature more expresly binding the man unto the royall Law of Love Lastly of the purity of that age from whence all theise testimonies are drawn he will easily Conclude what I have been endeavouring to confirme That man and wife here lived a peaceable life they enjoyed a loving union they lived in purest Love if ever there was made an absolute Law if ever Statute of such perfection as neither errour could corrupt it nor vice deprave it we are sure This was it where God in the ●irst Creation was the Law giver man in his first perfection the Law receiver and Obedient Conformist Thereunto Now whereas our imitation is to be drawn from the best patterns Here may we rest our selves as at the mouth of God and draw sweet waters from the very Fountain head of truth it self And that we may not waver and fructurate as at uncertainties God hath pleased farther to confirme us in the due esteeme of this Sacred Bond of Love by the Testimony of his spirit speaking likewise by the mouth of his great Apostle Paule who tells us that Marriage is a Type of that Mysticall Union that is between Christ our great Husband and his Church the Spouse beeing indeed the stricktest Injunction of mutual Love where was not to be so much as a secret thought or word touching rigorous Predomination our Lord Christ himself al tho the head of deare Spouse yet became a Servant to her in the highest and most eminent offices of Love nor of unkind preheminence for he endowes his church with the same priviledges of Adoption as Himself received in beeing his fathers first born and beloved childe in giving unto her likewise the same glorious Inheritance which his father invested Him withall It was saith St. Augustine a Mysterie of Union a Sacrament of Love a Bond of fidelitie a heavenly Paradice of peace for terme of this present life and the way unto perfection in that better life to come But man you will say by occasion of the woman fall from this integritue and therefore women are not now to exspect from men such duties of amitie True it is the Serpent by long perswasions induced her to a delightful sin of eating the forbidden fruit yet she shewd a stout resistance before she yeelded She made a short and sharp ●nswer to the Serpents cunning demand hath God forbidden you to eate of the fruite of the garden Implying a plaine falsification in his close assertion we may eate of the fruites of the garden but of the fruit of the tree in the midst of Paradise God commanded us not to eate we may not eate least we die From hence she drove the old cunning Serpent to his naturall shift and open traode down right lying you shall not die the death c. Adding there with all' a vaine hope of her knowing some thing which beeing discovered to her would much add to the beauty and perfection of her State and made as if God for that reason had withheld it from her for God doth know that in the day you eat thereo● yee shall be as Gods viz as the Elo him 〈◊〉 knowing good and evil Thus in 〈◊〉 faire combate for a fair time sh● stood out at staffs end with him til● by his stratagemes at lenth gott the glory of the day But Adam as soone as the fruite was proffered unto him did not make any demurr at all not so much as once questioned the matter but strait way tasted the sweetnes thereof whose bitter relish remaines in us to this day I see no reason then but that man all tho he was not first in the trangression should have an equall blame with the woman and perhaps more for the woman was drawn on and deceived with much greater difficultie then the man who suddenly and with less deliberation yelded unto Sin Especially when that generall Prohibition of eating this forbidden fruite was not given unto the woman but to the man THOU shalt not eat of the Tree c. And howsoever St. Gregorie hath it you shall not eate thereof as if it were spoken to both man and woman yet the originall reads it in the singular number And St. Austine tells us that by tradition the woman received this commandement from the man and not immediatly from the mouth of GOD as Adam did This I willingly doe grant and thence allso conclude that for this reason which hath weight in it the woman might Chaunce more easilie to breake this Law then the man Since the Allglorious Majesty of God Commanding can not but have a stronger influence on Adam then Adams command who was but a fellow-creature and One with her selfe could have upon Eve his wife Now the woman was indeed the Occasion of mans sin but not the reall cause and if Adam had but observed the command of God To whom it was in a distinct and perticular manner enjoyned though his wife had broken it ten thousand times yet we had not tasted death and as this is the Common received Opinion of the learned Schoole men and other Interpreters so the Apostle Paul makes the matter I think beyond dispute where he says that by One man sin entered into the world and death by sin and in Adam as our first Root and common head we all Sinned c. not mentioning
And hence it is that the Lawyer as a laborious travellour goeth through all estates to bring al unto decencie Hee ordereth the estate of Monarchs and Princes of Peeres and Nobles of Magistrates and Subjects of parents and children of husbands and wives of masters and servants And in the whole body of a Kingdome or Commonwealth whatsoever is out of its due temperature must by the Law be ordered as a sick part is cured by physick in a naturall body So that then an absolute indeorum in manners as they confess the beating of a wife to be is an absolute breach and violation of the Law this beeing one of the greatest disturbances to mans peace and quiet that can be offerd nothing more disordering every facultie of a mans soule nothing more afflictive to each Passion and nothing more injurious to every Sence then when a man shall be taken in Such a raving Fitt of tearing rending beating and devouring his own flesh and bloud that none are found guiltie of but those who are posessed with the foule tormenting Spirit of the evil Angells taking up their habitation in their Soules Lastly Correction by way of beating is meerely Servile say the best of it that any can and in many mens judgments so in human as that a wise man whose actions flow from discreet premeditation will not exercise it upon his very slaves or Swaines But Servilitie is only to be imposed on Such as be Servile and therefore not on wives who are in the Law free burgesses of the same Citty where of their husbands are free both participating the same Rightes both enjoying the same Liberties But heere again riseth a cavill touching the precepts of the Law and permissions of the Law They say that though indeed the Law comandeth not a man yet it permitteth him to beate his wife Their reason is because it setts down no precise penaltie in such a case and whatsoever the law doth tollerate it not unlawfull and therefore this action allso is lawfull though not by precept yet by permission of the Law Whereun●o I reply first to say that the law setts down no preciçe punishment in this case is a proposition not simply true for the grounds before in my-first reason alledged Again I hold 〈◊〉 ●o be a position absolutly false to affirme that whatsoever the law doth tollerate is lawfull The Law heerin shall be judge of the law which doth say that those things are not without vice therefore unlawfull which are permitted or pardoned by the law and not commanded The law omitteth some things in some good respects and those things which we omit sayth S. Chrisostome we unwillingly permit and what we unwillingly permit we by no meanes would have committed but this only doe we because we cannot as we would restraine the unbridled affections of the many Many things therefore are permitted by the law upon necessity many things pardoned by the law upon indulgencie which yet are directly against good manners an● simply sins in themselves I will instance a case A widdow that marr●●eth within her year of mourning is by the law free from infamie bu● by the law allso adjudged unworthy of matrimonial dignity A Virgin that espouseth her self without her parents consent is by the law lawfully yet by the law allso unhonestly espoused A husband taking his wife in adultery might lawfully kill her yet not without the guilt of haynous offence The Jewes might lawfully crave a bill of divorce and put away their wives upon any mislike but Christ tells that it was graunted by Moses for the hardnes of their heart beeing yet a thing most unlawfull and therefore not to be practised from the begining And lastly we have a notable instance Once for all in Joseph who when he thought his wife had comitted adultery and therefore according to the law of God was to be brought forth and stoned to death for a publique example according to the Law of God yet that Joseph was willing to put her a way privately and not expose her for a publique Spectacle of Justice as the law severely commanded is recorded in Sacred writ as a commendable act and praise worthy in him nay as a peice of Justice too In which and all other cases of like nature though an evil custome or peculiar permission may save a person from the punishment of the Law yet it can never clear them from any Vnlawfull Act And heer I purposly omitt many eminent and pregnant proofes that might be added for what need I light so many torches to the noone day or propose such multiplicity of reasons too proove a truth so ma●nifest If any person yet remaine● unsatisfied as I would hope ther● is none I will remoove my plea ou● of this court into the Highest Cour● of all because they shall have all th● fairest Tryall that can be and all the advantage ground to make the be●● defence they can in Such a weak and unrighteouse Cause which the● attempt to vindicate hoping tha● when they are really convinced o● their stong delusion or if that wil● not be yet at least that their mouthes are constrainned to Close in shamefull silence Our Nation will never more be so unhappy as to shelter any persons of such monstrous shape and features as theise who not only declare it lawfull for husbands to demeane themselves rigorously and severely even unto buffetings and blowes towards their wives but upon every impetuous gale of head strong lust and drunken passion of theirs put their detestable principles into practise Reader whoever thou art observe that in THIS HIGH TRIBUNALL SEATE God sits the Judge his Word the Law his Saints and Angells the VVitnesses thy own conscience shall be the Jurie and eternall Truth which never did deceive nor can be deceived attends upon the Sentence CHAP. V. The same evinced by the Law of God NOw I must crave leave to rest my self a while and entertaine my reader with historicall discourse to sitt me down in the bloomy shade of Paradise and contemplate the monuments both of womans first Creation and first instetution of her mariage For in the infancie of all things when God had framed the worlds compasse and bespringled it which glittering Starrs when he had fastend the Center of the earth and girt it about with Chrystall flouds when he had finished his glorious work and deputed Man his last creature to be the Commander of al the visible Creation at lentgh he took a generall surview of his labours and found them al the fitt remainders of so perfect a workman Only man was excepted who was yet but alone Creature without any companion to whom he might communicate his joyes or impart his mind or of whom he could either hope for comfort in his life or expect continuance of his posterity So that man seemed not more happy in his ample dominion then unfortunate in his solitarie eslate For what could the Subjection of all