Volume 1

Thelyphthora; or, a treatise on female ruin, in its causes, effects, consequences, prevention, and remedy; considered on the basis of the divine law under the following heads, viz. marriage, whoredom and fornication, adultery, polygamy, divorce, with many other incidental matters, particularly including an examination of the principles and tendency of Stat. 26 Geo. II. c. 33, commonly called The marriage act / [Anon].

  • Martin Madan
Date:
1780-1781
Catalogue details

Licence: Public Domain Mark

Credit: Thelyphthora; or, a treatise on female ruin, in its causes, effects, consequences, prevention, and remedy; considered on the basis of the divine law under the following heads, viz. marriage, whoredom and fornication, adultery, polygamy, divorce, with many other incidental matters, particularly including an examination of the principles and tendency of Stat. 26 Geo. II. c. 33, commonly called The marriage act / [Anon]. Source: Wellcome Collection.

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    נ 5־ ] own power: therefore if a woma71 bemg in her father s hovfe in her youths i. e. being under age, as we term it, betrothed or ef- poufed herfelf to a man, the former by * verba de futuro, the latter by verba de pra- fenti, as the civilians fpeak j both which w'ere held fo facred, that defilmg either a betrothed or efpoufed woman was a fpecies of adultery, and to be puniihed with death: —yet if the father withheld his confent, neither the betrothing nor efpoufals, nor any contradt ariiing from them, could be car- ried into execution. But in the paiTage before us, matters were gone too far to be recalled. The man had not only enticed the maid, but had adlually lain with her ·, and therefore God commands that he floall SURELY endow her לו לאשת fibiin uxorem. Mont, for his wife. For now the primary inilitution took place, they Jhall be oneflef j and what God had joined together (by pro- nouncing them one fleff man could not put afunder. Therefore the 17th verfe doth not fay—“ If the father utterly refufe to * Spoufals de futuro are a mutual promife, or co- venant of marriage, to be had afterwards; as when the man faith to the woman—“ I will take thee to “ my wife and ihe then anfwereth, “ I will take “ thee to my hufband.”—Efpoufals de prafe,1tl are a mutual promife or contrad of prefent matrimony ; as when the man doth fay to the woman—“ I do take “ thee to my wife,”—and Ihe then anfwereth—“ I do take thee to my hufband.” 2 Burn 16. give