THE GREAT ADVOCA [...] AND ORATOUR for WOME [...]

Or The Arraignment, Tryall [...] Conviction of all such wicked H [...] ­bands (or Monsters) who hold [...] lawfull to beate their Wives or to de­meane themselves severely and Ty­rannically towards them.

where: Their crafty pleas are fully heard a [...] their Objections plainly answered an [...] Confuted: And the [...] Condemnation passed [...] the Law of Nature: the Law [...] Pollicy (or Morallity:) the Civill and Canon Law: and the Law of God.

Coloss. 3. 19. Husbands Love your wives and be not bitter [...] them.
Prov 16. 27 An ungodly man diggeth up [...] and in [...] there is as burnin [...] [...] froward [...] man soweth [...].

A. D. 1682.

The Contents.

  • CH. 1. The Introduction.
  • CH. 2. That it is not lawfull for husbands to beat their wives proo­ved from the law of Nature.
  • CH. 3. The same confirmed by the Lawes of Morallity or of civile Pollicy.
  • CH. 4. The same argued and clea­red up, from the Civile & Canon Law [...]
  • CH. 5. The same evinced from the Law of God.
  • CH. 5. The Conclusion.

To all married Women whose [...]usbands rule over them with rigour and severity; (And likewise a word to all such irrationall husbands)

Ladies and Gentlewomen.

THE wiseman tells us that a word spoken [...] like apples of Go [...] [...] pictures of Silver; [...] to your selves to judg how oppo [...] [...]ely this Treatise comes unto your hands, whose tendernicks are galled by your wearysome uneasy yoakes. [...] hope these few sheets may some what revive your drooping Spirits, [...]t beeing no small comfort when you have a friend at hand, whose tender compassion towards your tender Sex makes him deplore your sad case and [Page] Plead your cause with such affection, as if it were his own.

Me thinks I see how strangely your (heart-breaking) husbands, are hurried by the violent Whirlewind of unbridled Passion: me thinks I hear their loud murmurings their angry voice, together with the eccho­ing sound of servile blowes, wound­ing my sorrwfull eares more then the dreadfull noyse of the disquieted seas, more dangerouse then their forming rage, more amazing the [...] Aetna's wrath whose wide throat [...]gorgeth smoaks, flames, and [...]under at one breath: methinks [...] see their shadow swiftly drawing on you, like the black terrifying Hierricane, that makes the tende [...] Reedes (whose nature yeelds to every gentle gale) lie prostrate, croud [...] together and whisper in trembling feare. I am sensible how thei [...] austere demeanure and tyrannica [...] behaviour have plunged diverse [...] [Page 5] you into a deep and dangerous Gulph of sorrow, and disparation, who not finding peace and content at home, are in an exorbitant manner seeking it else where; and like persons (disarmed of sence and reason by this Paroxisme of feare) are Acting directly contrary to your own genuine and inclinations &c. Now alltho I dare not justifie such enormities of yours, (but as a faithfull frind exhort your speedy Repentance, and Amendment,) yet I lay the guilt (tho not sufficient to excuse your fact.) in a more peculier manner to your husbands Charge, and (as the wicked Instrumentall cause of sins in you) I Summon him (without a deeper Repentance) to prepare to Answer before the Great Tribunall judg, both for himselfe and you.

Others there are (more virtuosly inclined) who are desponding in solitary corners, and whose best reme­dy is to seek out some melancholy cave [Page 6] or desart place, that may entertain [...] their pensive minds, whilest their distracted thoughts are feeding o [...] soliscitude, and care; who instead o [...] teaching their eyes to weepe, are endeavouring how to wiipe off their Christall teares (as pure and cleare as is their Innocency) without the dis­covery of their grief. On whose pale ey [...] lids sits a sad messinger of wo, more unwell come then the harbinger of death it selfe.

For such, this book was chiefly designed, and to every such despond­ing wife, I now address my self, advising you to trie (once more) what influence the violent cords of your laborious Love may have upon your misguided husband; Take him by the hand, and fall about his neck with sweet embraces hold him fast, and compell him (alltho against his will) by all the retorick you have, and by all the charming Eloquence of your loyall and constant Love, &c. [Page 7] [...]f this prevaile not with him, then con­ [...]ure him by all thats dearest unto [...]imselfe, that he would please to [...]ondescend to walk along with you [...]nto this Temple of Eroto (or the Muse of Love) which is erected for your sakes alone. Perhaps it may proeve (and who knowes but it may? O would to God it might,) such as was the Temple of the Goddesse Viri placa in Rome of whome Livie writes, that whatever man and wife came to sacrifice Therein, alltho never so much at strife and variance before, yet they allways returned home again in Love and unity.

And that I may help one lift forward I desire now to speak a word or two to your contentious husbands, whose words are fire brands, arrowes, and death, (or that which is much worse) my advise to such shall be no other then th [...]t wise mans councell. Prov. 25: 8. 9. Go not forth hastily to strive least thou know not what to doe [Page 8] in the end thereof, when thy neighbour hath put thee to shame: debate thy cause: By long forbearing is a Prince perswaded, and a soft tongue breaketh bone it self. Suppose thy wife to be (what thou wouldst have all men think she is) willfull froward and perverse; consider whither thou hath not made her so? doth her affections fit loose to thee, examine well the grounds, debate the matter with thy selfe; Go nots forth hastily to trive with any person: no not thy adversa­ry, much less with thy friend and least of all with her who lieth in thy bo­some, and should be dearest to thy heart, nay who should be as deare unto thee as thy Life, for as much as she is thy very selfe. If a King (with whom is commanding Majesty and power,) will be perswaded by a wise deportement, how much more then will thy lowing wife, whose tender Sex doth naturally dispose her to such sweetnesse, softnesse, Gentlenesse [Page 9] such melting and relenting teares such heart winning demeanure, &c. that the mollifying hand of Love may mould her into any stamp that vertue formes; and who recoyles at nothing more then raggid usage, because it is so directly contrary to her soule whose essence is compacted of ardent Love, stronger then death it selfe, and which many waters cannot quench.

From this time forward therefore goe thy wayes, and reconcile thy selfe to thy offended selfe, then let hand joyn in hand, & haste, both of you to pay your Sacrifices to this Temple of unfeigned Love, that when you returne from thence, Heart may then joyn in Heart, and both of you may be willing to live no longer, then you live united in One soule; which will redound to both your peace and tranquillity heer on earth, and your future happinesse in the world to co­me, and crowne your names [Page 10] to there present, honour, and my cordiall wishess with that palme of victorious and triumphant Successe, which is the earnest desire of

your assured Friend.

CHAP. I. An Introduction to the following discourse.

ALltho we all know that unto women the world oweth half of its life and man is indebted the greatest part of [his love next unto God] yet now a days it is grown a custome so common to undervalue the worth of that sexe (because of the lewd and allmost unparrald lives and examples of some) that every rymer hath a severall libell to impeach their name; and every person a poeme to accuse them of unfaithfullnes &c: The Courtier, tho he weavs his Mistresse favour, yet upon slight occasions (nay sometimes none at all) Sticks not to sing her shame; And the cobler (tho in himself deserving greater disgrace, yet) wants not a ballade to reproach their name; And as this [Page 12] course is usuall with most men, so the cause heer of is manifect unto all: TheSeneca. 5. 13. ep. 89. fairest Mark (you know) is most often aimed at, and the goodliest starr is mostly gazed upon, so VVoman the beauty fullest creature of all the visible creation is most of all Observed, and Tacit. hist. 3. lib. ad prin­cip. Observation as it is some­times the guide unto honour, so often allso is it the mother of disgrace. Particular rea­sons heereof, may be collected out of the severall humours of such who stand out in disloyaltie with them; for some men will dispraise that woman whom before they adored, because her modesty hath repelled their un chaste desires. Some will turne their amorous termes of wooing into a barbarous stile of rayling, because for want of desert they obtaine not how to love them, and the greater part of men, beeing evil themselves, love but few things that are good, and [Page 13] so perchance hate women also. Some likewise pretend a reall dislike of women (unto whom themselves are all the while reall stranger (to make Ostentation of their witt, before the publique stage of the world, few up­on good shew of reason. and fewer yet upon just grounds, and these sort of persons have filled the world with Pamphlets, things most idle in them­selves, and most disgracefull unto women: But O unmanlike men and slaves of your sex! Is this a point of your man hood, or any ornament of your valour, to buisy your selves for the disgrace of women, whom nature hath dis­armed of corporall strenth, and education disenabled of mentall courage for revenge? Is this the thankfull tribute you repaye unto the author of your beeings? Is this the best embraces you bestow on the papps that gave you suck? Is this the gratefull allowance you [Page 14] afforde them for their sorrow, pains at your birth, for their care and diligence in your youth? And for that labour of love which they have bestowed up­on you, throughout the severall periods of your life? All such Ausoni 9. de great. action: ad Augst. courtesies (methinks) should not be forgotten in such an ungratefull manner, much less injuriously remembred. But why talk I with these men of gratitude (the greatest of virtues) who never were acquainted with any vertue at all? And therefore, had it been the highest of womens mis­fortune to have been traduced by this in famous crew. they might easily have smiled it out, counting it no dishonour to be evil spoken of by such, who never learned to speak well of any: But now this bad cause hath gotten better Patrones, especially when in the universities, their names are mentioned in theirD. G. in his Act at Oxf. 1608. Acts and publique disputations, [Page 15] their capacities thought unfitt for learning or ever attaining to the specu­lative knowledg of the liberall Arts and sciences. Nay if this were all, their blind ignorance might be passed over in judicious silence, but when they shall adjudg them worthy of blowes, what more strange and pro­digious Paradox then this? What opi­nion more unnaturall and uncivill then that of theirs, that it is lawfull for a husband to beate his wife?

Most impure heart, which didst firstChrys: homil. 57. on Gen. 29. conceive, and move the most barbarous tongue which did afterwards bring forth such aCyclopes furiunt isti ut quidem Doctiss. virj conj [...] ­ciunt ex. Homer. l. 9. Odi [...]si: Monster of opinion! Had I but one word to Speake, unto man­kind before I yeelded up my breath, and but one only li­ne to write, I would both Speak and write in Defiance thereof.

CHAP. II. That it is not Lawfull for a husband to beat his wife prooved by reasons drawn from Nature.

ANd to begin first, whence we all began, from Nature self; Her eternall Laws stampt from the worlds beginning in all her creatures, witnes­seth such a soveraigne Union of male & female that in all kinds between them there is found no unkindnesse

No Lyons rage against the Lionesse
The Tygre to the Tygresse is not fierce
No eagles doe their fellow birds op­presse.
Transt. ex Strozio Laur. post.
The Hawke doth not the Hawke with talents pierce
All couples live in love by Natures love
VVhy should not man and wife doe thus, and more?

[Page 17] Man, the great Creators greatest creature, indued with Remembrance, a Register to recount former events, with wisdome, a Glass to behold the present state of things, with Pro­vidence an Oracle to conjecture of future accidents, and above all with Reason, a Ballance to weigh out all his actions, must now become more cruell and tyrannous, nay more savage and barbarous then very beasts, who neither have remembrance of things past, wisdom in things present, nor providence of things to come, nor reason in any thing at all.Plin. na­tur. hist. l. 10. c. 24. & 29. The Doves are observed to be most exquisite in their love, and at the fatall departure of one the other pines to death with sorrow. The Nightingall makes ple­sant melodie in his loves well-fare, but in her distresse he mourns in sadder tunes. The Swanne is of a nature sutable to his feathers, white and faire, and all his feare is to keepe [Page 18] his mate from feare, Go therefore into the fields, and the Doves will teach thee a lecture, of Love, returne into the woods, and the Nightingalles will sing thee madrigals of love: walk by the water, and the Swanns will schoole thee the art of love; Every where such loving couples of bruitish beasts will shame the disagreeing matches of reasonable creatures. For, shall the bare instinct of a sensible nature work so powerfully in this case with beasts and shall the helpe of a purer essence work a contrary effect in man and shall not such men be adjudged worse then beasts by many degrees? The Lion that barbarous Creature,Plin. hist. nat. l. 1. who spareth no shape, is said to tremble at a woman, and hardly proffereth her that violence, which usually he doth to man, as though Nature had taught him a more gentle behaviour towards so fair a Per­sonage, or his own heroick Spirit the shame of so base a victory.

[Page 19]
For never gotten was im­mortall fame
Transt. [...] Virgil.
By working of the weaker Sexes shame

The Viper, S. Ambro­sius tom. 1. l. 5. c. 7. a beast more vile then the vilest, poisonous by nature, and spitefull,Hex. m. & Arist. de hist, ani­mal. odious to be seen and hatefull, yet when the time of his breed­ing approacheth, withdraws himself unto the sea, or river side, and by the Gentle murmure of his known hisse calleth forth the Lamprey with whom his nature is to engender: the Lamprey beeing so kindly invited, doth as kindly repair unto him, whom when he perceiveth comming to accept of his love, vomiteth forth all his poyson, doing reverence (as it were) unto his nuptiall rights, and casting away his naturall corruption, meeteth his spouse in his cleanest per­fection. Man would scorne to be thought worse than a Viper, and why [Page 20] then scorneth he not to cast out of his heart all his cancred poyson of anger, of strife, variance, quarrelling and con­tentions, when he commeth into his Mistres presence, and especially whilest-he is lying in his Nuptiall bed? A dogg will not so much as snap at his mate, and cease to bite her, and will not every sober person esteem of that monster in Mans shape to be worse then a savage beast, who shall snarle and snap at his wife, and most especially if he shall attempt such an unnaturall act as to beat her, tho never so much provokd?

It may well be the worlds motto, All things have Nature for their guide, and amongst theise All, man the worlds commander surely ought to be accounted one; which we may ob­serve as in the common course of Life: in ordering his diet, in his apparrell, in taking his rest, so likewise in the perfect habite of Sciences, in his smoothing Rhetoricke in his solid [Page 21] disputations, in his profound Philo­sophy, in all which the greatest prehe­minence Art can chalenge, is to add perfection where Nature hath layd a foundation. The law then beeing an artificiall collection of naturall precepts, how can it dispence with so unnaturall an action. as for a husband to beate his wife, the one part of himself, or his better half? No man did ever willingly hurt himselfe, or if any man hath, certainly he may justly beheld a madd man, of all men living; and therefore what mutuall blowes can lawfully pass between man and wife, who are one and the self same? Their mindes inseparably One in their choise, their houses in­dividually the same, in their children and posterity. Indeed some ancient ages of barbarisme (before either civi­lity was fully embraced, or Christi­anity firmly establissed) seemd to draw from Nature the practise of some such Tyranny, soa lib. pol. cap. 1. Aristotele re­ports [Page 22] of the Sythians,6. Tacit. lib. de mor. Germ. Taci­tus of the Germans,lib. 10. c. 2. de Rom. An­tic. Gel­lius of the Romans Caesar, of the French, with who it was a received custome to dispose of their wives,Com­ment de bello Gallit. life and liberty according to their pleasure, and hence it was that a Doctor seemd to alleadge his history ofStobaeus ex quoreci­tat Patr. lib. 4. in 3. & Bodin. de rep. 1. Publi­us sempronius who devorced his wife for seeing a play; of Plin. l. 14 cap. 13. Egnatius Mecennius who beate his wife for beeing found in his Cellar:Arnobius lib. 5. con­tragentes. of Faunus who killd his wife for drinking a cup of wine; fitt proofes for confirmation of his argument (for­sooth) that a man may beate his wife, are they not? Recount the time when these things were done, I pry, it was in paganisme, and barbarisme; observe likewise the persons, they lived as mirrog of rigour and cruelty, and are registerd as monuments of [Page 23] murder and tyrannie; Weigh the reasons that mooved them thereunto, they willsooner make you laugh, then perswade imitation; Lastly judg of all, and it is but as tho a Phisitian should goe into an Apothecaries shop, where is variety of wholesome medecines, yet prescribes he some poyson or drugge to strengthen his patient, even so, they who having travailed over diverse histories, and read diversitie of good examples, yet are posessed with such a Diabolicall opinon, have picked out the worst and most poysonous druggs, that they can finde to cure the rage and violence of their burning Phrenzie, of which contagion, their diseased soules are sick.

But how much better and with greater safety might theise Phanaticks be cured of their epidemicall distem­per, if they applyed to themselves the famous examples of loving husbands towards ther wives, and of [Page 24] loving wives towards their hus­bands, or of both, loving towards one another? How great and precious an Antidote would the very name of Hector have been to all such Infected-soules as theise? who in the destructi­on of Troy did bewaile the death of Priamus, the sacking of so great a city, the spoyle of so many dear and valiant bretheren, the funeralls of so fair and large an Empire, but exceeded all excess in lamenting Andromache his wife,Hom. illd. 5. and desired (saith Homer) to forsake heaven, (beeing all­ready seated amongst the Gods) to defend Andromache distressed heer on earth. How plesant had been the rehersall ofZeno ph: in Cyrosuo. Tigranus love, who with his beloved Queen beeing taken prisoner by Cyrus, made a free and liberall promise of his life, to purchase her ransome? What good entertainment had the storie ofMar­trialls Epigr. Calenus (think yee) by those sort of men who have [Page 25] musterd up those few execrable examples before mentioned? He thought he lived no longer then when he looked on his beloved wife: what wouldTit. Liv. in divers. historicis ab urb. cond. Livie have said of such a monstrous opini­on, who makes mention of Augustus, of Antonius, of Scaevola, of Aruntius of Sci­pio, of Marius, with great reverence, as well for their endeared affections to their wives, as for other heroicall virtues; I might also instance other Frontinus in 4. lib. strat. de P. sew. suet. in Tiberi [...] de C. Alti­li [...]. histories of infinite number who in like manner sound forth their worthy praises upon this same account, and whom for this cause po­sterity hath advanced above men, if not honoured as Gods.

And tho the womans sexe is ac­counted the weaker, yet not their love, for that exceeds the mans; witnesseLucan: Cornelia who so dearly affected her Pompey, [Page 26] that she would not suffer him to goe into the warrs (tho he were the worlds terror) unless her self in pre­sence might wait upon him: witnesse allsoD. Hiero­mus. Demotia, who having lost her Leosthenes, could not find her self, and there­fore through solitarinesse made a speedy voyage after him. Witnesse Plin. l. 10. c. 3. Sulpitia likewise, who being adjudged to stay, and watched that, she should stay at Rome, when her hus­band Lentulus was banishd from Rome, yet (notwithstanding the Senates command, her princely fa­thers charge, the love of her citie and country, the loss of friends and family) she alone exposed her selfe unto the danger of the night, beguiled the watchfull eyes of her strickt guarde, brake forth of the citie, and traced along the fields to seek him, until she became the joyfull companion of his wofull banishment; so little she [Page 27] esteemd all the worlds felicity in re­gard of one Lentulus, so willingly she incurred whatsoever misery. Witnesseb Panthea allso, Rhodogune, Laodemia, Mar­tia, Valeria, Portia, Lucre­tia, De qua D. Hieron. to. 2; l. 1. contra Io­vicanum Ovid. in Ep. pen. ad ulis. Penelope, Ov. Me­tum. l [...]1. fab. 10. Alcinoe, and Millions of like whose sin­gular fame herein, is hath caused an-tiquity to invest them in the eternall shrines of honour, so might like­wise their rehearsall enforce posterity to receive them as the fruitfull Patterns of imitation.

But to returne to the barbarouse Histories before alleaged by some, (whose Characters my ink cannot sufficiently Blacken, unless I hazard putting my self and reader into a Paroxisme of trembling horror, and pale fear, like such inconsiderate braines who raise Ghostly features which they themselves doe dread to converse withall, or indeed so much [Page 28] as to behold:) Is not that a weake structure whose very foundation needs such under proppings as Those? and they allso, so feeble by the gnawings of chankring, Obloquie, as well as mouldring time, that the building shakes at every blast; Grant those in­credible stories to be true, yet how can any person in his right witts proove from their inhumane Actions that such deeds are Lawfull? Since all was done unadvisedly, without discussing of the matter, and wrong­fully themselves alone (and in the hight of passion too) beeing doth their wives Accusers, their Jury, their Judge, and their cruell Executi­onners likewise; O horrendum nefas. Let this not onces more be menti­oned amongst us, who bear the name of Christians, theise being savage and heathenish murthers both against Nature, and the Law of God, o [...] Reason. of Religion, and of Nations. Let me demand who ever stained [Page 29] their Names, their Relation, their City, Country, Age, or Generation with greater shame and Ignomie, [leaving such an indelible Stigma of their just disgrace to all posterity that nothing can wipe out] except such inhumans monsters of humane kind as shall ad­venture to vindicate their Acts, or from this day forward walk in their untrodden stepps? Who received the greater foyle, those tyrannous hus­bands, who in their excess of rage and madness did so rashly abuse their own flesh and blood, or those modest wives, who with such patience did endure? If any yet dare vindicate the former, I le remoove the case into the Court of Morallity, or civil P [...]llicie, where if the Jury pass on their side, such shall have cause still to embrace their diabolicall suggesti­ons, but if They find them Guilty nothing more remaines then to lopp off such Gangreend members of an unhappy state or Kingdome, least [Page 30] they infect the whole Body with such a fatall Distemper, as will proove mortall and destructive to all humane societies, with whom they shall converse.

CHAP. III. The same confirmed by the Rules of Morallity or Civill Pol­licie.

MArriage of all humane actions is the one and only weightiest: It is the present disposall of the whole life of man: it is aBoindus de Repub. l. 1. Gordian knott, that may not be loos­ed but by the sword of Death: it is the Ring of union whose Poesie is Pure and endless; In a word it is that state which either impara­diced man in the Eden of felicity, or else exposeth him unto a world of [Page 31] misery.D. Casus observat▪ ex vet [...]rib. in com. in Oecon. Hence it is that so mature deliberation is requi­red, before such an eternall Bond be made. The mutuall affection of each partie,Arist. lib. 2. the consent of parents, the approbation of friends, the triall of acquain­tance, besides the especiall observation of disposition, kindred of education, of behaviour; Now then, if a man so­lemnize marriage upon theise due re­spects he can hardly make his choise amiss, because he is guided by vertue, which never faileth her followers. But if not, he may well be styled a foole, because he is carryed away by passion, which easily imprisoneth the best designes. The man therefore who is truly wise cannot but choose a vertuouse wife, and so by consequence live quietly and comfortably with her; And if any take a vicious woman, it argues his own [...]olly, and so by good reason may patiently endure her; for now he hath but [Page 32] what before he desired, and he desired that which then he fancied; tho indeed not from the informace of a true judgment, but by the induce­ment of a giddie affection.

And yet in this infortunate case, it is the greatest folly of all follies, for a man to aggravate and multiply his own misfortunes, by quarrelling with his own choyse, for that dissention takes away the very end and use of marriage, debarreth from all comfort and enjoyment thereof, banisheth its joy and felicity: no man is so igno­rant but he may well know, none so obstinate but he must needs ac­knowledg the truth of what I say; What wife is there so absolutely voyd of all passionate spleen, who will so lovingly performe her mar­riags-rites, so carefully bring up her children, so providently order her house, so diligently direct her ser­vants, for a preevish and waspish hus­band, as for a sweet and loving one? [Page 33] Plautus in Pleudolo Who will buy blowes so dear as shee will pay for Love? Or what husband is there so clear from all, that will so intentively augment his patrimonie, so warily imploy his stock, so diligently follow his affaires, so well in all things use his uttmost diligence for a wife whom he loutheth, as for her whom he entirely loveth?Tacit. an­nal. l. 2. Who will be as devout a B [...]adsman to the saint he fancyeth not, as to Him whom he chiefly adoreth? So that indeed, neither (as they should) caring for the other, both receive an unparndled dammage to themselves, and for their posteritie leave it most unfortunate. Infor­tunate in their birth, for fear their dis­sentious parents derived to them their dissentious spirits; in fortunate in their education, for fear their Back ward parents hinderd their instructi­on; unfortunate in their estate for feare their carelesse parents diminish their [Page 34] Portions; unfortunate in their credit, unfortunate in all, for feare least all their parents faults redound unto the childrens griefe. When as in agreeing matches, where man and wife make up the sweet harmony of mutuall Love, in a reciprocall consent and union, you may observe a heaven like government, the husband intent on his business; the wife imployed in her house, their children brought up religiously, their attendants their servants and every one (as Virgils common wealth of Bees busyed in their proper place,Virg. Aenead lib. 1. and work, whence towards the Autumne of their yeares they gather in the fruitfull harvest of true friendship, of competent riches, of good estimation, and (what excells all) of sweet self content, and satis­faction.

But let us turn our eyes away from beholding theise blessed fruites and advantages (for some time at least) [Page 35] and suppose every marryed woman, not as a wife but as one of the female sex; Tell me then (I pray) sinceArist. l. 3 eth. cap. 1 every action of man must be tutored by some vertue or other what appearance of vertue can it be for a man to de­meane himself in a Lordlie or Surlie manner towards a woman, in a sowre sterne romose way, and behaviour? But especially what ease or pleasure can it be to a soul that's endued with the least spark of reason or morallity, to beate a woman, or offer her any violent injurie at all? It is not Cicero in offic. lib. 10. de for­titud: [...] valour, because that demands equality of Combatants it is notidem. ib. 2. Offic. ad princip. VVisdom, because that depends on a stayde car­riage; It is notidem lib. 1. Offic. circa me­dium. Justice, be­cause that requires a serious deliberation It is notidem. l. 2. Tempe­rance, because that wants unsettled passion, and if none of theise then no vertue at [Page 36] all; for all otheridem. l. 1. tract. de fortitudi­ne. vertues are comprized under them, as some lesser dignitie under a more ample stile; Tell me likewise to what end should men at­tempt such violence? If a woman be perverse she thereby amendeth not, if gentle she deserves it not; if any seek praise thereby, they will certainly merit laughter; if reward, they shall besure of shame. And whereas such are guided by no vertue, nor directed unto any end; who but for­tish persons, and stonie hearts will lay their violent hands on a woman, the Pattern of Innocencie, the Queen of Love, the Picture of Beautie, the Mistress of Delights? who could with blowes deface those rich ornaments of nature? Who could quarrell with her cheekes so purely mixt with lil­lies and roses? who could violate those eyes the spheares of light, and love stones of affection? who could wrong those lipps, the two folding [Page 37] gates of precious Rubies? who would not imagine those ivorie armes fitter for imbracing then buffeting? And who but would think those snowie hands and fingers of theirs more fitt to embroyder the outward fonnes of those admirable Ideas within their ravishing fancies and sparkling soules rather then to handle a fencers cudgell to secure their lives, and those Liberties which God, Nature, and their own choise merits, (by the con­sent of all mens Reason in its due exercise) hath by so many pledges and signalls confirmed on them from time to time, as Their true and un­doubted Right?

Beauty must not acquaint her self with warres
Translat.e Petron:
And therefore hates such men as love such Jarrs

And tho all women are not beauty­full, neither hath nature bestowed all [Page 38] perfeactions every wife, yet a true loving husband must imagine them. All centering in his truly beloved wife for Love esteemes not a thing beloved,S. ph. Syd­neys Ar­cadia. l. 2. as in it self it is but as it appeares in the lovers eye and therefore a woman that is not faire may make a faire wife, to that husband in whose thought she is faire for he sees her with his own not with anothers eyes, loves her only with his own heart, and not anothers, and enjoys her only to his own content; in her then whom need he please be­sides himself? So that if thy wife be not fairer to thy self, then other wo­men are, thou lovest her not truly; and if thou lovest her not, why didst thou make choise of of such a companion whom thou lovest not? why didst thou dissemble with God before whom thou didst profess a love? why didst thou lye unto Man, in whose presence thou promisedst Love? Or if she be (as indeed she [Page 39] ought to be) fairer in thy own eye, because dearer to thy own heart, with what countenance, with what arts with what vaine pretensions canst thou turn rebel unto love? and presently hate her whom but now thou lovedst? Or with what face canst thou look upon thy beloved spouse and instantly beate her? No: no: heaven may as soone sink into hell, as perfect Love turne into hatred, and whole rivers of water may as well spring out of flames of fires, as rigid behaviour, or violent blowes proceed from fervent Love. In a word, therefore, if thou lovest not thy wife, thou hast playd the hypo­crite, and so canst not beate her but thy actions must needs aloud pro­claime thy guilt and shame, thy perpe­tuall disgrace and Infamie. But if thou lovest her, thou hast only per­formed thy vow and solemne marriage Covenant, and so with due respect than must honour her all the dayes of thy life.

[Page 40] Neither may it be thought a small reason to deterr all husbands from such unworthy demeanure, and bruitish violence to forecast the dangers that may ensue thereof; for diverse women beeing of a diverse Stature, strength, complexion, and disposition, there must needs fall out a diverse event of such an action. If such men schould chance to marrie with as stout and valiant women as Virg. Ae­ne [...]d. Panthiselca was amongst the Amazones, or the Lady Cip. hil Sydneys Arcti. lib. 3. Pathenia of Greece, or the Empress,Aerodius verum jud▪ cata­rum l. 8. c. 8. Livia in Rome, or some other of far less valour and after a while from Cupids warres fall unto Martiall armes, I question whither their Pigwigg in valour, would save them from Myrmidon like blowes. If I should marry a weake and feeble wife, such a one whose courage is daunted with a word, whose Innocence is her defence, [Page 41] [...]hose yeelding her resistance, and [...]et play the Tyrant still, and so make [...]er feeld a 1000 deaths in life, and at [...] satisfie her long lingring hopes [...]ith the well come approaches of be­ [...]ved death, I am certain my own [...]ad humor and obstinate will, cannot [...]ee me from the great Tribunall of [...]eavens sacred Law; and though I [...]ight skinn over the deep wounds [...]f an exulcerated conscience, with [...]ome pïtty: full inconsiderable, and [...]ivolous Excuses, yet all would not [...]roove a sufficient plaister to remoove [...]at indelible Stygma which God and [...]an the Lawes of reason and huma­ [...]ity would most undoubtedly im­ [...]rint with Capitall Letters on my [...]re head; and Let all such Catne-like [...]ispositions look to it, for certainly [...]engeance must and will pursue such [...]en, and overtake them, tho they [...]ay per chance escape mans Scourge. [...]uppose I should marrie a modest [...]nd vertuous wife, whose speech, [...]hose gate, whose carriage, and [Page 42] behaviour are as clear as Christall, [...] without blemish, and yet all pleas [...] me not without some civill uncivi [...] warres, how should I live Offensiv [...] to my friends, by some of them up [...] braided, by others of them scorne [...] and contemned, by my enemies re­proached and reviled, hated of mo [...] men, and be loved of none? And I should light on a light huswife wh [...] yet beeingAnd yet no con­tented Cuckold all this while. civily treated and might civilly demean [...] her self, but beeing trodde [...] upon (as every worme [...] will turne again, how justly how deservedly-might [...] weareVid. He­rodit. in M [...]lpome­ne. Vulcans night cap [...] on my paperskull, [...] T Livius lib. 45. hi­stor. ab urbe cond. ad finem. fooles holydays, and in [...] devotion (peel-garlick like) doe perpetuall hommag [...] (whither with devout zeal [...] or not, that matters noth­ing) untov. Ovid. Amorum. 2. Cynthias budding Homes? Now therefor [...] [Page 43] [...] far safer course it is for us to lay aside [...]ur learned weapons and rest in termes [...] and armes) of Love, then to venture our selves on this double Jeopardie, the event whereof at the very best will be but base, and dis­honourable; And let our wives be what they be, it is our wisdome now to love them, since it was our Lott to have them, and that our marriage was made in heavens Court, (whither we have many friends in that place or not, yet) it is no less our wisdome then it is our dutie, to rest contented in the declared minde and will of God; If we have good wives, lets bless god, and study to walk answerable to so Choise a mercy (one of the greatest comforts [...]onder heaven,) and if we have bad [...]ones, lets endeavour with meeknes, and Christian Charity to cover their multitude of Sinns, with the Azure (victorious) Mantle of true Love, [...]or if that cannot be, yet at least let us endeavour to make the best im­proovement [Page 44] of that sore Affliction, and pray to god for faith and pacienc [...] quietly to beare that Cross; re­membring all this wile, that whatso­ever moates we spye in them, yet tha [...] many beames remaine still in ou [...] eyes.

And as the private event of theise unnaturall variances and discours must needs be inconvenient to our selves, so the publique Example thereof is no [...] less pernicious to the Common and Publique good, for whatsoever in this kind is committed within our own familie, is acted (as is were) upon an open Theater where we have many sorts of spectators, (and each severally affected to us) our Children, servants, neighbourhood sometimes our nearest kindred, and often times our dearest friends. Who perchance (as most men are) beeing ready to follow the ill example of others may proove by little the very abstracte of impietie. Especially in this case when [Page 45] we have experience of so many cruell and execrable murthers. Some through open Tyranny, as of Juven. Satyr. 13. Velocius and citius nos cor­rumpunt vitiorum exempla domesticae &c. Plut. in lib. con­nub. Pompeja, by Nero, some thro secret Villanie, as of Vives ita re citat in lib. de off. ma [...]. ex Staba. Apronia by Sylvanus: some thro strangling, some thro false accusing, too too many by languishing away of their husbands monstrous unkindnesses. With all which kindes I could wish that this our white Albion had never ben bespotted. Now in those hainouse-Crimes, though diverse perchance abhorre to be Actors yet not unlike but there are some, who secretly hold the principles, which breede theise sad conclusions, and are Abettors of Theise Crimson colourd crimes and secret encouragers of those Tyrannicall hus­bands who are thus presumptuously bold to disturb the common peace of [Page 46] humane life, and turne (what in the [...] lies) the very course of Nature into a Confused Chaos of contention and disorder; Let all such persons know [...] that even they themselves who are the Secret contrivers how to dissolve [...] this Oeconomicall Harmony between man and wife and thereby to Crack [...] the Axeltrees of our Microcosme [...] under, with whose ponderous weigh [...] the burdend Earth beginns to Sink [...] into the Gulph of dark Confusion &c.) as well as the notorious Actors of this sad Trigaicall Dissention, are both equally and a like guilty in the sight of God, as well as man, and in due time will receive the reward of their Unrighteous Actions;

Besides, suppose all such persons reall Atheists in principle as well as in life and conversation, and expected neither a heaven to reward the good, nor yet a hell to punish their black deeds, and let us take our arguments to convince their reason (if they [Page 47] [...]ave any left, for to be sure their Conscience is wasted every inch) [...]om that which respects the ad­ [...]antages and benefits of this life; What great hindrance must this needs [...] to any publique Preferment? for [...]ow can he be thought fitt to manage the affaires of a Kingdome, in any place of eminent trust, who is not able to keep order in his own house? how can the Magistrate safely confide in that mans integrity, who deales so treacherously which the wife of his Covenant? nay more, with his own Conscience, and his Sacred Vowes unto Almighty God? How can he well preserve peace amongst the multitude (of various humours and inclinations) who is at daylie strife in his own familie, and with the wife of his bosome? Her who ought to be his dearrest and most entirely beloved?S. Hieron. l. 1. tom. 2. cont. Ju­lianum. Gordias the Rhetorician made an Orati­on to the Greekes who [Page 48] were at that time in some disorde [...] amongst themselves to perswade the [...] unto Concord, and having genera [...]ly wonn the hearts of both sides Melanthius his adversarie replye [...] O yee foolish Greecians, is this fellow fitt to persuade you to agreement, who lives himself in perpetuall di [...]sention? Can he rule the whol [...] Citty (think you in peace, where are so many diverse minds as ther [...] are diverse men, and yet was neve [...] able to govern his house in quiet [...] where are none but himself and hi [...] wife? Which speech of his to this effect, so possessed the people, that what before they were fully per­suaded of, they now but faintly be­leived, and so by degrees falling into perfect relapse of discord, and where­as at the beginning they entertaine [...] him with good applause, in the end they hisd him from the barr, with this acclamation, Gordias rule thy self first at Rome, then after rule us at [Page 49] Olympia. Neither was this Gordias fortune only, but is a common brand of infamy to all his followers, who all­ways by their evil carriage in private draw unto them suspition of their like publique government.

Wherefore antiquity hath ben very provident heerin,Herodi­tus in Clio. when as the chief quests at their marriage feastes, used to offer sacrifice for those who were married: But before they come unto the Altar, they purifyed their Oblation from its gall and spiced it with fragrant odours A Custome in my opinion not so cere­monious as judicious whose morall is given by thePlutarch. in Connu­bial. best morallist to prevent a duty of man and wife, that in them should be no gall or bitterness, but the sweet relich of pleasing love. They them­selves should bearVirg. E­log: 6. Virgils vine and Elme, the tend ernes of the one supported by the others strenth; Their hearts as [Page 50] Ovid. met. lib. 6. Ledas twins both in­terchangably imbracing each other: Their house as aPlato in lib. 1. de rep. sive de justo. Pla­tos citty, wherein nothing must be called mine or thine but all things common unto themselves, nothing peculiar to the husband, nothing proper to the wife, which upon eithers occasion is not to be imparted to the other. And if those singular partes, and parabels of friends (whose fame with golden wings flies throughout the world) had nothing that was singular, but all things mutuall In prosperity mutuall Joy, in adversity mutuall sorrow, in adven­tures mutuall aide in victories mutuall Triumph, in all things mutuall Love, the mother of this mutuality, how much more may we rationally expect should be in marriage? If possible a stronger bond of friendship, where besides the present fruition of a mate ordained by God to be a reall and meet help at need, is added the hopefull [Page 51] expectation of future issue. Now we never read or heard that any of those inseparable friends (fittly compared to Aeneas and Achates &c.) who gave a blow unto each other, nor so much as stirred up to attempt such a thing by the wirlwinde of tem­pestuouse Passion, or otherwise in­duced thereunto by any occasion whatsoever, and why then should husbands sue for a tolleration to beate their wives, to whom as they are in Society more early linkd, so in love more dearly engaged then to their dearest friend? their wifes beeing one individuall person with themselves. Many are the friendly offices of thy friend, but many more of thy wife, the friend of thy bosome, who sitts at thy table, and lies nearest to thy heart; She it is who shares with thee in all thy grievances, and lessens thy burden, she partakes of thy joy and augments thy chiefest pleasures; in matters of doubt she is thy Councellour [Page 52] in distresses thy Comforter, she is a Co-partner with thee in all the Accidents of life. Neither is there any sweeter taste of friendship, then the coupling of soules in this mutual­lity either of condoling or comforting, where the opressed minde finds it self not all together miserable, since it is sure of one who is feelingly sorrie for his misery. And the joyfull spends not his joy either alone, or there where it may be envyed, but freely sends it to such a well grounded object from whence he shall be sure to receive a sweet reflexion of the same joy, and as in a clear mirrour of sincere good will, see a lively picture of his own gladnes. For which cause especially (as I conceive Isocrates in Symm. Isocrates condemned him for a person most lewdly dis­posed, who by his faire speech and Proteus like behaviour, hath wooed a virgin, and in pompe and Joviality married her his wife, [Page 53] and yet will in his folly, thro anger and variance live discontentedly with her;Seneca l. 11. ad Gallicum de reme­diis fort. Seneca termes brawles in marriage worse then di­vorce from marriage;Pu. in vita Cen­sorry Cat. Cato plainly calls it Sacriledge for a husband to beate his wife; Such as the soule (saith Plutarch. in preceptis connub. Plutarch.) in regard of the body, such is the husband in respect of his wife, both doe live in union, in disuni­on both doe perish.Lods. Vi­ves in lib. de off. mar. True love is the best amatorie, or chiefest medicine to breed true love;Sen. E­pist. 9. ad Lucillum. And therefore if thou looke truly to be loved of thy wife, first love her truly, for else how canst thou re­quire that from her for thy selfe, which thou affordest not from thy self to her? She may in this case answer thee asValer. l. 6. cap. 2. L. Crassius the Senator replyed to L. Philippus the Consul, how should [Page 54] I shew my self a Senator unto you whereas you behave your self not as a Consul unto me? How should a wife proove loving unto her husband, when as a husband prooves not loving unto her? for both in Love and friendship the demand of Martial unto his Marcus stands with good reason.

Mart. E­pig. l. 6.
If Phylades thou wilt me have,
Then (Marke) Ile thee Orestes crave
And not in words thou must it proove
Wilt be belovd? then thou must love.

Love is a relation and must have two Subjects for its residence as well the husband as the wife: if it find not good intertainment with one, it departs from both: Both therefore must be like Crateres and Hyparchia, [Page 55] Lud. Vi­ves de of­fic. mar. who where said to see with double eyes because in mutuall love they acquaint­ed one the other with all passages and events that concerned themselves: So that as the Prophets in Israel were sacredly intitledSam. 9. 6. Seers, be­cause they had a double sight, from nature and from God; so was Crateres in Athens jestingly termed a Seer, because he used a double fight, his wives and his own.

And how soever we exclaime against women, that they are unworthy of such respect, by reason of the multipli­city of their supposed infirmities; such words often flash forth indeed, but from the pregnancie of witt, not from the soundnes of judgment, spoken either from a prejudicate opinion, which ever miscarrieth, or from particular Example, which never concludeth. For instance, we may hold them unconstant in their resolutions, shallow in their judgment [Page 56] lavish of their tongue, and with so many weaknesses beweaken this weake Sexe, as that we may revive that old Theorem hissed long agoe from of the stage of vertue

Of women kind found good there's none
And if perchance there be found one
I know not how it comes to passe
The thing's made good that evil was.

As likewise this following.

Men have many faults, Women have but Two,
Theres nothing good they Say,
There's nothing good they doe: &c.

A flat impiety against the all Creators all sufficiency, who when he had built this worlds faire house, lookd in every corner thereof, and saw that All was good, yet they in the fairest roome of all, have found [Page 57] that all is naught▪ And if you flie from their first unspotted Creation, unto their now corrupted disposition, what p [...]iviledge have men beyond women they are both made of one mettal, cast both in the same mould: all are not good, nor the most the best, but if any might challenge preheminence it should seeme the wo­man might, whose complexion is purer, which argues a richer Contra­ry to that Proverb. faire and foolish, witt, whose passions are stronger (viz of Fear, Joy, Greef, and so by conse­quence of Love it self, pure innocent and strong as de­ath, that many waters cannot quench,) which proclaimes a much better dis­position, then is in man, and is the Topp Gemm (of the largest size) and appeares more beautyfull then any of the rest in the Crown of Vertue. In short, dislike them we cannot whom Nature hath so curiously com­posed, and hath sh'ewn (as we may [Page 58] say) the Perfection of his glorious Workmanship, that so their Illustrious Soules, in which so great a Spark of the Divinity hath lodgdit self, might have a Choise cabbinet or Receptacle, whose out side Splendor and beauty might be such as beares some pro­portionable shadow and resemblance of that Heavenly-Ghuest within; Dis­like women now who can? since in disliikning them (if any such there are) they more dislike themselves, for Nature hath every way much more curiously framed them then us, (poor men) who are the moments of her rougher Workmanship.

Yet for your pleasures sake, suppose women to be as bad as some would make them, say they are past all ver­tuous modesty, swear they are beyond all hopefull recovery, &c. be it so, I demand, wherefore should they be beaten? S. Aug. l. 19. de Civitat. Dei. None but finall puishment in such cases should be inflicted, where the per­son [Page 59] punished cannot be amended Women (say some) are past amend­ment, and therefore they are past pun­ishment; It is anArist. in lib. 1. Phys. axiome in Philosophy that where the Cause is taken away the effect ceaseth,Senec. l. 1. de clemen­tia Gell. noct. At­tic. l. 6. c. 4. and it is again as firm a position in humanity that amendment is the Chief (if not sole) cause of every such punishment. There beeing then no hope of the one, there ought likewise to be ex­action of the other. Now that wo­men will never be amended it is as common a phrase (in some persons mouthes) as what lack yee, in the Exchange, so that it was grown long since to a proverbe

They wach a jeat,
Transt. prov.
and make it white as snow
VVho women beat,
To make them vice forgoe.

[Page 60] Aristotle in Oecon. lib. 1. c. 3. and 4 (whose words are maxims in Philo­sophy, and his Ipse dixit an authentick proof) seemes heerin to soar above himself, and leaving his wonted Schoole of humanity to speake from out of the sacred Chaire of Divinity when he sayd, The divine Providence, so framed man and woman, that of necessity they must be of one Society, otherwise how could they perpetuate the world by their offsprings succes­sion, since neither without woman, nor woman without man can have any Issue? wherefore they were made both alike, and yet dislike, alike in specificall nature, and alike in the features and liniaments of their bodies, and their soules of the same Essence: Dislike in the Individual, the one hotter and drier, the other colder and moyster, that out of this disagreeing concord of a diverse temper should proceed the sweet Harmony of Agreeing of Love; The [Page 61] one valiant and laborious in the fields the other milde and diligent within the dores, that what the one had painfully gotten abroad, the other might carefully preserve at home. The one fairer, and as a delightsome Picture of beauty, the other more steme, and as a mirror of manhood: The one more deeply wise the other of a more quick and pregnant witt: Both which being by the sacred power of marriage made but one, the first condition of their Union is, Arist. in Oe con. c. 4. ubi leges mariti er­ga uxo­rem con­stituit. that no wrong should be done by either to the other. For, by the Pythagorian Law of hospitality it was decreed, that none who enters into an­others house should for the time of his abode there suffer any injury upon any occasion or pre­tence whatsoever (Plat. in Gorgia, and Arist. hoc in loco. A husband taketh his wife from her friends estrangeth her from her relations, [Page 62] and former acquaintance, de barreth her from her parents sight, and ali­enateth her from whatsoever was dearest unto her, he takes her into his own hospitality, receives her into his own protection, and himself becomes her sole Guardian, wherefore now to beate and abuse her, to carry himself unkind, and sterne to her, is certainly the greatest injury that can be against the Law of Hospitalitie. This Law we read was so religiously observed by Antiquitie, that had any one come under their roofe (tho he were their mortall enimie) yet dared they doe no other but enter­taine him with faire language and send him away with safe Conduct. And hence it was thatAristot. ibid. The­mistocles beeing banished from Athens, and pursued by the Athenians, was forced to flie for rescue to the house of that Citizen, who had ever been his mortall enemie, and at that time the present cause of his banish­ment, [Page 63] where into nevertheless bee­ing enterd, he was courteously re­ceived, and delivered in a friendly manner from his immediate danger &c. Should then a Christian deale more roughly with his wife, then the heathen would with their Enemy? Surely the world would condemn us for men of little wisdome, or else it would never have commended them for their laudable custome.

Let me further add to Aristotle, a follower of his, a worthy Philo­sopher, and famous Doctor, whose opinion is, that wives are to be per­swaded by reason, and not compelld by violence, and authority, led on by perswasion, not screwd by com­pulsion, induced by lenity, not con­strained by Severity, for they are one flesh, and one mind together with us, and alltho this mind be full of perturbations, and this flesh be wounded with affections, yet should we seek some Cordiall to heale that, [Page 64] not a Corrosive to afflict them, for by afflicting them we afflict our selves;

CHAP. IV. The same discusd by Civil and Canon Law.

AS the Law in generall is held by all to be the ground work and foun­dation of a common wealth in whose bosome Justice is Seated, the sole pre­server of government, so the Canon and Civile, of all other Species are by most approoved (yet how justly I cannot tell) the Chiefest formes thereof. Wheter it be for its largenes and universality, because observed in all most all our Christian world, or for its plainnes and perspicuity, be­cause it is applyed all most to each particular case, and suits every state and condition of man Nevertheless in theise (according to my apprehension) [Page 65] [...] have found a certain kind of [...]riktness and Obduritie against no [...]ondition more then against mar­ [...]ed women; As for instance, [...] decrees, aAuth. Const. No­op. lib. 3. rubrica 46. Item Auth. qu. 32. n. 2. wife shall [...]ose her dowrie for giving [...] lascivious kiss:Jason in l. de Art. ff. Idem Dra­con in tit. soluto ma­trimon. That [...] wife is legally bound to [...]llow her husband wan­ [...]ing at his pleasure from [...]itty to Citty,Patr. de Anchasu­per decret. in c. n. 16. be it [...]om one land into an­ [...]ther region,Alcit. c. a. be it [...]om her own country into [...]nishment it self.D. Alci­sius de le. in li. ad L. Jul. 5. l. 4. Especi­ [...]ly if it be in pilgrimage [...]nto the Holyland:Com. Op. li. 5. ut de nup. 2. That [...]e wife is only dignified [...]y the husband, and not [...]ny ways the husband graced [...]y the wife:De [...]. V [...]vii li. 2. deci. 241. n. 4. That the [...]usbands mere suspicion of [...]is wifes lightnes, may be [...]ufficient ground for her ex­pulsion [Page 66] from his company▪ and lastlyBald. & Aug. A­ret. in L. Imp. ff. de sta [...]u ho­min. if a wife pla [...] the Adulteresse (a fault in [...] deed deserving no excuse [...] her husband may then brin [...] her forth to publique Judg [...] ­ment, and Condemnation deprive her of her promise [...] dowrie, and expose her [...] perpetuall divorcement.Cod. lib. 9. Co. 7. ad le. de adult. Bu [...] if the husband committ the like of­fence, tho it were as open as the su [...] and as odious as hatred it self, ye [...] the wife may not in publique [...] much as open her mouth against it & [...] and very many such like, which [...] my opinion are very hard imposition [...] for so weake a Sex, and such as have long since deplored by Syra in th [...] Comedian.

Transt. ex Plauto in com. Mer.
Alass we women live [...] Servile awe
But men enjoy a freedome o [...] the Lawe.
[Page 67] For if a husband Serve in Venus pay
Apparantly the wife must nothing say
Yet if a wife by chance steale wanton­nesse
The Law is open for the mans re­dresse.
But were the Lawes equall to both the same,
VVe Soone should see who most de­serveth blame.

If the adultery of the wife be a wrong to the husband, why not the [...]dultery of an husband an injury to the wife? Or if Suspition only may discharge a man of his wife, who is more happy then the jealouse husband (according as the world now adays account of happynes) who as often as his minde changeth, may there­withall change his wife? Or if all the lustre and glory of wedlock descend only from the husband to [Page 68] the wife and none reflecteth again from the wife upon the husband, it then hard to be conceived how the [...] can be a true society, or at least fitt and equall match? The like ma [...] be said of the rest. But all are [...] ­palpably against reason, that there [...] no rationall man, who will seeme [...] reason for them.

Now the rigour and Severity [...] these and the like lawes against wo [...] men, are supposed byVid. Ty­raquillum de legibus connub. some to have proceeded from the Law givers ignorance, no [...] hatred; Who for th [...] most part (call together the Cànonists) beeing single and unmarried men [...] knew not so well the State and myste­ry of marriage, and so conceiving perchance no better of a wife, then a [...] a mans best servant, rank them in [...] degree of two low Servility. Neither is their reason unprobable, for wh [...] can discerne the Suns brightnes tha [...] never saw the light? who can judg [...] [Page 69] [...] a pure lillie white, or Scarlet &c. [...]ho never was acquainted with the [...]fference of colours? who can give true censure in Scholler Ship, who [...]as never so much as baptized at the [...]uses font, even so, who can rightly [...]timate the Sacred Rites of Marriage, [...]ho never knew the happiness there­ [...]?

But I Accuse not the Law for these [...]rmer positions are (for the most [...]art but deduction from thence. [...]either doe I take upon me to repre­ [...]end theise Law givers, for they [...]ere ancient Trophees of yet living [...]ory, yet for all I cannot choose [...]ut find fault with some of the Inter­ [...]reters of their Lawes, who fitt the [...]quare unto the timber, not the timber [...] the Square; working the Law [...]ther and thither as a nose of wax, [...]nd according as the tide and tempest [...]f their brainesick fancy drives them, [...]hich is no were more apparently [...]een, then in the case we have in [Page 70] hand; for in the whole body of Can [...] or Civil Law, I have not yet foun [...] nor doe I think any man hath [...] down in theise, or equivalent terme or otherwise pass'd by any positiv [...] Sentence or verdict, that it is lawf [...] for a man to beate his wife. B [...] whatsoever is cited thence, are eith [...] far fetchd conclusions, or unfriend [...] Sequels, which hang as well togeth [...] when touched by a judicious Tryal [...] as the joynts of a rotten carcasse gib [...]beted together, when tossed with [...] violent winde.

There beeing nothing then directl [...] against us in the substance of the Law [...] let us see what the Shadowes thereo [...] (I meane the Interpreters thereof) please to determine: whose opinion [...] I finde as various, as they make th [...] Subject of their opinion unconstant [...] and therefore I must place them i [...] their severall rankes.

In the first ranke are such [Page 71] who yet peremptorily [...]old it lawfull.Glost. in l. & si quemeun­que parag. ul. in fi. ff. ad ad L. st qu. Alb. grand. in tract. malef. de pae. reo in col. uls. Lucas Pen. in lib. qui­cunque Col. 2. & 3. C. de Mil.l. 12. Jo. Andr. in d, c, lit. Ille col. 2. in u, in certis: hic col. penul, vers. Actureae qu. l. 3. quaest. 18. n. 9. & 10. Alexand. Cons. 123. col. 1. 2. v. 3. Bald. Cons. 176. Bonti. sup Dec. 2. de jnreju­rando. But find­ [...]ng themselves oppressd with contrary reasons; as [...]en all together desperate use such turnings and wind­ [...]ngs, such sorry evasions and contradictions, such [...]oor shifts and trivial So­ [...]hisms as the learned may [...]wel laugh at, the ignorant and maliciouse admire. If you have seen a mill horse [...]pacing his circle, or a Spannel turning round after his taile, you may justly conceive how those men tread the mare of their uncertain opininion. Some of them, (and amongst theise bad, the best,) hold it lawfull but not convenient. Some a little more hardy and bold then the first, think it both lawfull convenient, but it [Page 72] must be but a little (f [...] sooth) slightly, and but seldome, having indeed fo [...]gotten, or else having neve [...] learned that circumstance [...] can but lessen a fault, never of a [...] action absolutly evil convert it into good. Some other there are th [...] overgrowne Monsters of Tyranni [...] who proclaime it with their open mouth (for fooles proclaime their owne folly, &c.) that a husband may beate his wife much or little according to his own pleasure, and as he sees oc­casion; nay that he may publiquely shame her, and if he like imprison her too, but theise are such men who seeme to have banished all humani­ty, of an yron heart, of a brasen brouw, and so cankerd with vice (and the dangerous rust of Pas­sion) that vertue can take no impression in them. For, what is that letheth loose the raines of furie, and gives madness its full Scope? [Page 73] what is it that violates the holy rites of marriage? what is it that infringeth the sacred bonds of Love? what is it that breedes horried and domesticall massacres? what is it that abolisheth all vertuous and matrimonall Societie, if this doth not?

In the Second ranke are those,Donellus de Jure Civili 13. c. 21. Decianus leg. 9. c. 11. num. 17. Tyraquil­lus de leg. connub. aureum opus. Anchar. Cons. 408. n. 3. Jason. Luppus Angelus who out of a staid judgment and upright minde, hold it not only unlawfull, but an Odiouse, Unmanly, and Unseemly thing. Odious in respect of the breach of their faith given in wedlock: Un­manly in regard of the wo­mans weaknesse and imbeci­lity; Unseembly for ex­amples Sake, and therefore upon all theise considerati­ons that it is all together unlawfull.Aretinius Tur. vid. gl. de leg. co [...].

[Page 74]
Transt. e Sta. ubi incipit Quorum Sacra te­nat Sacris rodimita &c.
VVhose praise the sacred bod­desse of Eternity
Keepes hallowed in the Eternall Shrine of fame
Vertue doth build Them Tro­phees: Dignitie
Crownes their desert and waites upon their Name
And worthy are they of a marble Stone
Made blessed by an Homers pen, or none,

In the third ranke are such,Bursaius seq. aur. imperialis aulae Com. Com. Pa­lestin. in magn. op. Guido a Bayso Val­fost. Bar­bat. Bo lognet. D. de Rota Decius, & maxima sane pars in utreque Jure pe­riti. who tho they have written whole Tracts and large Volumes concerning the Estate of wives, of their dowries, of their inheritance, of their portions, of their vowes, of their divorce­ments, and many other circumstances, yet have not a word of this question, nor doe they vouchsafe to grace it with a gracefull terme; [Page 75] Perchance because they thought it so hainous and ugly a paradoxe as unfitt to be matchd with so many honest and goodly precepts of the Law, or else so vile a position, as unworthy to be affirmed by a Lawyer.

These are the Opinions, so dis­agreeing (you see) and all together contrary, that whosoever weigheth that in the true scales of an upright judgment, cannot rest satisfied: for where truth seemeth to have taken up her Habitation, Their Authority hath disguised her, and where she cannot be found there fancie must needs attempt to describe her; Every man making an Idol of his own con­ceit, and partially impairing another mans judgment. Not finding (there­fore in them the certainty we seeke for, let us therefore compare reason unto reason, and Oppose Lawyer unto Lawyer, conferr Opinion with opinion: And drawing from the [Page 76] law it selfe certain grounds and foun­dations in this point, by a full and free discussing of the matter we shall give the reader a cleare and faire Light, by which every one that runns may reade the truth of what we are maintaining.

My first grounds shall be the Cod. lib. 6. tit. 46. leg. 5. &c. superiority of husbands over their wives, where unto answereth theIbid. sub­seq. ver­bis. reve­rence of wives towards their husbands; This Supperi­tie appeares first in the man­ner of their wedlok, where­in the woman was madeGen. 2. 22. out of man, andCh. 2. 20. for man, and v. 23. given in Tuition by God unto man. Secondly in the difference of their sexe, be­cause Nature, and the God of Nature in every kinde hath given prehemi­nence unto the male. Thirdly in mans universall soveraintie which he re­ceived over all creatures,c. 1. 28. when God [Page 77] enstalled him his Vice-roy over all the visible Creation. And yet for all it was not so absolute a prerogative of his fellow-woman, as it was in respect of others, because she was joynd in commission with him,S. Chry­sost. hom. 9. in Gen. Rupertus l. 2. de Tri­nitate. yet such it was as might well be are the title of Superioritie for the man, and require of the woman a duty of reve­rence. But neither is the one so predominant, nor the other so ser­vile, as that from them should pro­ceede any other fruites but of a royall Protection, and legall Subjection.

My second ground shall be the Digest. l. 38. tit. 1. leg. 48. Cod. loco superius citato, & Inst. 2. power and command of husbands over their wives. Whereunto answereth the Obedience of wives toward their husbands.Ibidem ut jure etiam Bald. in C. 1. tit. An mariti suc. uxor. Aug Are­tin. And heer I need not weary out my pen, in deciding the con­troversies touching the au­thority of husbands con­cerning [Page 78] their wifes goods possessions, lands, dowries &c. Only pertaining to my purpose is the command over their persons.Justt de SC. Bar. in d, li. 1. pa­rag. [...] ff. de injur. Which the Law determines to con­sist, partly in imposing on them convenient labours for the sup­portance of their Estate, Chiefly in exacting the rights of marriage for the procreation of Children and a­voidance of lust. To the former, as much as in her lyeth, the wife must yeeld obedience, To the latter (un­less or some restrictions which my modesty forbears to mention) she is legally bound to give contentment. Nevertheless in both, hard it is to be judged whither the husband should command with greater Obeysance, or the wife obey with greater com­mand, so both entirely strive to expresse the lively effects of so perfect an Union, and so both interchangeably labour for the [Page 79] building up of the Temple of Love.

My third ground shall be, the correction lawfully used by the hus­bands against their wives, where unto answereth the submission required of wives unto their husbands. This correction beeing a punishment, must (according to the rule of law) be proportioned unto the fault punished. The faults of wives towards their hus­bands are all comprized under three severall Degrees, and therefore the punishments must likewise be of three severall sorts.

In the first and highest degree, are faults all together inexcusable, never committed by any vertuous or mo­dest wife: never to be endured by any loving or honest husband, such are defiling of his marriage bed, or any treacherouse exploits against his life and person; Now for theise the Law setts down direct punish­ments. For the former, divorce from [Page 80] the bond of marriage for the Second expulsion from the Community of wedlock: And in neither case are the husbands ingaged for the payment of their dowrie, or any ways bound for the reliefe of their povertie. Mis­take me not I only intend that the prosecution heerof lieth in the hus­bands power, not the execution; for that must be consumate in law­full manner, the fact prooved by lawfull witnesse: the verdict given by a lawfull Judge; So that the Jealousie of husbands touching their wives incontinencie, or suspition otherwise concerning their disloyal­tye, &c. before they are actually prooved, are not to be accounted actuall faults of the wife, but to be adjudged as the braine sick fancies of their husbands. Be the suspicion of the one vehement, it beareth indeed the better colour and deserveth the sharper trial; But for the jealousie of the other, it is a common ill [Page 81] humour, and therefore in wisdome nothing at all to be esteemed. Jea­lousie is a Child conceived of self unworthynesse, and of anothers worth, at whose birth feare made it an abortive in nature, and a monster in love: for the jealouse man un­worthily loving a worthily beloved Object, stands in feare of communi­cating his good unto another more worthy; So that neither is his love perfect because mixed with feare, (which love abhorreth) nor his fear medicinable, because conjoynd with love, which feare impoisoneth. But of both ariseth this mungrell kind of Jealousie, a loving feare or a fearfull love; where in (contrary to all other actions of man) we bend all our dili­gence, and carefullnes to obtaine the full sight and perfect assurance of our own misery: we would needs (for soth) know our selves to be Such Homed Rationalls, as we fear our selves to be, for of prevention there [Page 82] is no hope, as our English worthie can tell us.

S [...] Ph. Sydneys Arcad. lib 3.
Sure t' is no jealousie can that prevent
VVherein two persons one be full content.

Seeing then that theise imaginati­ons of husbands are not in law the fault of a wife, and when it appeares by evidence that they are guilty of such hainouse crimes, the Law de­termines their proper Punishment whatsoever is added beyond that, is Illegal, and more then the Law requires.

In the second degree are faults of another nature, far inferiour to the former, and it of reall moment too, such as may be their backwardness in the religious service of God, Careles­nesse in managing their house hold affaires; Ill behaviour, towards their neighbours and friends misdemeanure [Page 83] of themselves towards their hus­bands, &c. Theise, I conceive to be as so many rootes of weedes plant­ed in the fair garden, plott of a womans minde, spreading it selfe into many Crooked branches, and bearing much bitter fruit.Tex. in parag. ne­cesse est 47. dist. & facit C. in­dignantur in fine, 32. q. 6. Gloss in l. si qua­cunque parag. ult. in f, ff. ad l. Aquil. Tiraq. l. 1. P. con. 9. l. 1. Par. 2. In such cases therefore the Law alloweth husbands to use reprehensi­on either sharper or milder according to the nature and qualitie of the offence, and as their own modest discreti­on findes convenient. Yet nevertheless theise faults are not so absolutely evill, but that they might admitt some kind of excuse, according to the severall circumstances, that may happen between loving husbands and their loving wives, only serving thereby some what to extenuate theise faults, tho not peremptorily to defend them, and thereby to vindicate their spottless In­nocencie.

[Page 84] For the first, there is no man so ir­religious, but commends a religious especially a religious wife, in whom religion is especially needfull, both for instruction of her maides, and the education of her children. But if in such, an imagination of religion fall into some peevish zeale thro igno­rance, or through some small measure of knowledg amount unto wo­mannish resolution, it had been better they had been less studious in those pointes, where the best fruites of their labours is a plentifull Sheafe of Er­rours. ‘Wherefore for my own part; I could never yet bring my self to approove thoose too too holy wo­men-gospellers, who weare their testament at their apronstringes (in­steade of Scissers) and will weekly Catechise their husbands, citing places, clearing difficulties, preach­ing holy sermons &c. when the spirit of their devotion mooves them.’ For, sure I am the Scripture (and [Page 85] the examples of antiquity who ob­served that Rule) held silence to be a womans Chiefest Eloquence, and thought it their part to heare more then to speak, and to learne rather then to teach. As well then too much curiosity of Religion, as too much neglect is a fault in women; So that if their frailtie leade them into either extreames, the husband hath the power of reprehension to keepe them in the golden mean.

Again, if a wife be over frugall, it may be supposed it is for the augment­ing of her husbands estate, and the benefit of his children: If she be very bountifull, it may be thought she intends her husbands credit, and supportance of his estimation Likewise if others mislike her carriage, it may be her modesty seemes proude unto them, or her familiarity otherwise breedeth contempt. Lastly, if thro infirmity she fall into any inconveni­ence, some thing is to be imputed to [Page 86] the weaknes of her sexe, some matter of excuse there is in the reveness of such an offence. In all, or either of these aggrievances the husband hath allways the priviledge of reproove, which yet ought to be given at all times (and in the circumstances and occasions under present considerati­on) with such a spirit of wisdom, meeknes, tendernes, and discretion, as that one soft word may sooner per­swade and work upon her minde then a frowning Countenance, and a frown of his sooner then a sowre and austere demeanure; and then what more So­veraigne Balsome can there be in this world, then the tender reprehension of a loving husband? this must needs be so farr from wounding that it softens, cleanseth, heales, and strengthens, and yet the very wounds of a reall constant and long approved friend, (we reade) are more to be preserved then the kisses of an enemie, and if this be true (as most undoutedly [Page 87] it is,) how highly is the Precious Oyle of soft reproof to be prized when dropping so sweetly (like that hon­ney) from those life breathing lipps of a deare and tender Spouse, study­ing with greatest diligence what may make for the reall prosperity of his wifes outward and inward man, with all present and future hppynes that can attend her wish, in whose felicity the wellfare of his own Soule and life is so much bound up; Certainly there can not be found any woman so devoid of reason and judgment, but that she will embrace such inestimable Tokens of truest and noblest Love, with greater fondnes and affection, that the long and Sikly seafareing Marriner, wellcomes the heart-re­viving Odours of the Arabian Spices, that send forth their fragrant breath, whilest they are sayling thro the Indian Seas.

In the least and lowest degree are some small and trivial faults; [Page 88] Indeed vertues in their own na­ture, but in their practise per­chance are tainted with some sa­vour of vice; Such may be the nimbleness of womens tongues, which allthough may sometimes be imployed to their husbands distur­bance, yet for the most part are hus­bands good: In merchandizing for their profite, and in refreshing their wearied Spirits, often [...]times in enter­taining their friends with the cour­tesie of compliments, whilest she is performing many offices that belong to her sphear, or that capacity wherein she is called to act. Of this sort likewise, are womens af­fected curiosity of apparel, their over nice standing on place and preheminence, their womanish dis­likings, and their fond longings with other such inconsiderable and trivial errors. Oblequies of nature, rather then faults in manners. All which a husband might easilie re­forme [Page 89] either by his wisdom in not stooping so low as to take notice of them, or from out of his love, but mildely to touch them. How ever, all that can or ought to be allowed the husband for redressing theise small in­conveniences (not worth disturbing a wise mans thoughts,) is only Iuristonf. ff. in l. ult. ff. Si quis aliq. test. prohib. S. Bernard. in op. ad Rayn. und. de re fam. Vide Tyraq. il. Connub. gl. 1. par. 1: Admonition [and that alone too for most odiouse is that reproofe, thats given be­fore others, and especially before their servants) who thereby take occasion to despise both their re­prooving master, and their reprooved mistress.] And as this is the softest and fairest kinde of correction, so it takes the best effect in any good nature. You know that many sorts of soft waters, will pierce deeper then the edg of hardest steele, and many things by mildenes have ben accom­plished, which thro violence could [Page 90] never; the hardest flints are sooner broke upon a bed of down then if layd upon a rock: Pollicie goes be­yond force in martiall actions, wis­dome beyond rigour in domesticall affairs, andPlut. in praeconnu­bialibus. far safer is the obedience yeelded upon faire termes, then that which is constrained on foule con­ditions, for the one proceedeth from love, and is even fidiall, the other commeth of feare and is only ser­vile.

Now that there cannot be thought any misdemeanure of a wife towards her husband, not comprized under these Three, is (by what hath ben allready sayd) most plainly manifest; And that there ought not to be used by a husbands towards his wife any other Correction besides these Three, shall evidently be prooved;

Concerning the former, our wo­men haters have indeed well imitated the old Tragoedians whose Use it was, [Page 91] when they were setting forth any odious Scene, to pluck down the eares of their auditors into hell, to [...]nvocate the furies, to muster up [...]ursed spirits, and whatever was most ugly to the ey of their under­standing, to the end they might [...]ender their expressions more vehe­ment, and leave a deeper impression behinde them. They likewise are well skilld in this excellent Art of [...]ailing They conjure up whole catalogues of vices, they number out numberless obliquities, and rake together as many Sins as the whole world is guilty off, fastning all on women as if they were the authors and actors of them all.Myogenes quidam cujus to­tam spur­cam and impuram delamati­onem reci­tat Tiraq. 2. l. con­gl. par. 1. Pride (say they) and greater then a common pride, the pride of selfe-worth in unworthy­nesse: Avarice, anger, luxurie, gluttonie, stoth­fullness, envy, &c. are the u [...]uall inhabitants of a wo­mans [Page 92] minde; It much offendeth not [...] that they are ungratefull to their friends, impatient in their choller, babler [...] of their tongue, witty in their deceipts▪ willfull in their resolutions, ambitious▪ flattering, Lustfull, dissembling: bu [...] that they will allso proove the cut-throates of friendship, and yet seeme to be our friends: A punishment for man, and yet an inevitable punishment, a tempetation to man, and yet a naturall temptation: a ca­lamity to man, and yet a desired ca­lamitie: an absolute and yet a necessarie evil. &c. Infinite are their reproaches, in so much that if I speake any farther in their foule language I should forgett my Office of pleading in behalf of women, who have undertaken to be­come their Advocate.

First then, let me give Theise Cynickes to understand that their trade is now so good as they could with it were, for their sourrilous detraction [Page 93] [...]rom the reall worth of women (who [...]eserve their and our good esteeme) [...] held but for childrens rhetoricke; And Invectives are counted the [...]orest and meanest part in learning. They are the froth not of witt, but of [...]pish invention, the purge of an idle [...]nd impostumated head, and addled [...]raine, the falling sicknes of a giddy [...]itt, flat Heresies in true Schollers­ [...]ip; For when they have spoken all [...]hat malice can invent against women, what yet have they spoken that may [...]ot be applyed to men? Sir you may [...]emember is of the Neuter Gender, [...]nd therefore neither hatheth the one [...]exe, nor cleaveth to the other, but [...] too familiarly acquainted with both [...]asculine and femine. Was Lais a [...]hore? she was but one, many men [...] Athens were her minions, but I [...]raine not the comparison.

All women you (say some) are all [...]ogether evil, but of men some are [...]ood (say they.) And are all women [Page 94] evil? then how came it to pass O grav [...] Plut. de clar. fae­min. Plutarch that thy wisdom so faild thee? OHesiod. de mulier he­roid. Hesio [...] who corrupted thy matu [...] Judgment?Caelius li. lection an­tiquar. Caelius, wh [...] beguiled thy witt?Chancer li. saem. en­com. 1. Et alterum, de Cland. bon. fae­min. Chause [...] how chance thy golden pe [...] so miscarryed? And yo [...] holy and learned Saint [...] e St. Hieron. St. Greg. Syntagm. de musis. St. Cypria. de singu­laritate faem. St. Gregorie,g St▪ Cyprian, St. Chrys. in hom. de collat. 10. baptista. St. Chrysostome [...] who deceived you all? fo [...] deceived you all are if thi [...] position be received, wh [...] have severally written di­verse Treatises in honour o [...] honourable and deserving women, what are they [...] evil? How came the whol [...] world to be so besotted [...] to record a famouse memory of so many thousands o [...] them? Of, Cannonized Saints, of constant Martyrs, of grav [...] matrons, of chaste Virgins, of mos [...] [Page 95] vertuous and unspotted wives? Neither are such as I speake of Phoe­nices rare and but seldome found; Search all histories, travaile with the Sunn round about the earth, recall the former dayes, even from the worlds minority, and compare them with the latter times unto this present age, (we shall find that the number of vertuouse women may well equalice (if not exceede) the number of men that have been vertuous. And how be it I cannot say there is any woman such a perfect Paragon of Vertue, who is voyd of all vice, [Venus had her mole, the brightest Sunn and Moon have their dark sports, and both suffer an Eclipse, the purest Gold is not without some dross, nor the best of women free from all re­proofe] yet, to collect what vices soever have been in all the worst sort of women in the world, and to apply them to every women in particular (tho never so vertuous and deserving) [Page 96] is most injurious, and indeed ridicu­louse, to humane reason, and contra­dictorie to the experience of the wiser & more learned sorts of men in diverse ages of the world. Were such a Con­clusion of any force, I would thus dispute, Catline was a Traytor, Verres a Thiefe, Nero a murderer, Aegistus an adulterer. Machivell atheisticall, Jovianus hereticall, Battus a foole &c. Theife all were men: Mysogenes was a man: therefore Mysogenes is a traitor, a thiefe, a murderer, an adulterer, atheisticall, hereticall a foole &c. would not the meanest swaine, conclude I was out of my sences to argue thus? and laugh me to scorne for a dunce in Logick? The argument now is the same with theirs, which if they shall dislike, then they themselves cleare women of whatso­ever is heer spoken against them, if they (notwithstanding all that hath been sayd) shall approove of the argu­ment, they have all this while travailed [Page 97] with the Pellicane, and the birth of their own Child, will be their own destruction, and if not their absolute ruine, yet at least their perpetuall disgrace and infamie.

By this time perchance their heat is allayed, and they who before this were apt to think all women absolute evils; yet now (blushing for shame) they may recant their error, and refining their phrase, may terme them at best butQuod ve­tus apud Graecos proverb. [...]. necessary evils. This in­deed is a too common speech, and most men think they have judiciously spoken, when they have thus defined the matter; That they are necessarie I will readily grant, since He that made man saw it was not good that man should be without such meet helps as theise; That they are evils (in that abstract) I utterly deny, since he that made the woman saw that all he made was good, and besides his ge­nerall blessing given unto all his wor­kes, [Page 98] he gave Adam a peculiar blessing and distinct from all, which was in that fruitfulnes of procreation which could not be without that wo­mans help; Is woman Good then, in the jugdment of God, and in your opinion necessarie? then once againe you must alter your stile, and henceforth denounce her a Necessary Good, For theise very termes Ne­cessary and Evil are inconsistent one with an other, and imply a contra­diction in terminis, both beeing re­pugnant to each other; All things that are necessarie for man are Good, foode is necessarie, aparrell is necessa­rie, the fire, aire, earth, wa­ter, &c. are all necessarie, there­fore food, rayment fire &c. and wo­men allso beeing necessarie, tho the reall beeing, and well beeing of mans life, are allso good Otherwyse we must suppose God hath tyed man to most rigid termes and conditions, that some things are made necessary [Page 99] to his very beeing, and yet that thing should in it self be evil; in this wee highly impaire that wisdom [...] of God, and detract from his Holinesse, and goodnes; But to satisfie some Chief authors of this receivid opinion I will acknowledge that some women are less Good then others, and thence they incurr the name of evil, and na­ture requiring a necessity of them, thence they receive that title of neces­sary: and from both they are bran­ded with the infamie of Necessarie Evils. An attribute yet not appro­priated unto them alone, but usually allso applyed unto men. Lex de eo narrat Aelius Lampid. Ale­xander Severus the Roman Emperour called his Councellours (who surely were or ought to be men of the greatest abilities,) Necessarie Evils: The Officers in his court Necessary Evils: Stra. lib. 14. Hybicus likewise called Eu­thidamus his friend, his Necessarie Evil: Varro. Varro his [Page 100] testie brother, his necessarie evil. Martial de se ipsis narravit. Martiall his angry brother his necessarie evil, with whom (sayth he) I can nei­ther, live well, nor yet live without him.

But to breake off this idle cavile, whith hath too long detaind me from my purpose, Let Mysagenes steepe his quill in the of Invection, let him speake with as open mouth as ever Satyr did, yet all that can be allead­ged, as offences of wives against their husbands, are only such as are either expressly mentioned, or else directly may be reduced unto my three for­mer heads.

Secondly then, that the cor­rections lawfully used by a husband unto his wyfe, ought to be no other then I have prescribed, remaines yet to be more amply prooved. For the first, that Divorcement in cases prefixt are the sole and only lawfull pu­nishment, [Page 101] the Law it self affords such faire testimonies, and the practise of all lawyers hithertoo have given such full confirmation, that now it is too late either to be denyed or gainsayed. For the twoo other M. Aurelius a Consull Sometimes, and councellour shall speake for me. A wife (sayth he) is often to be admonished, to be reprehended but seldome, but never to be dealt' withall with violent hands. Where you see not only a flat denyall of any rigorous sort of correcting wives, but withall a plaine assertion of my prescribed punishments, admonition and reprehension.

Admonition is that which with a soft and tender hand bindeth up the bruises of a friend, and therefore most needfull in marriage, the nea­rest of any friendships Hence the Juris cens. in l. ult. ff. Si­quis. aliq. test prob. Law injoyns us to deale with our wives in milde ter­mes, in sweet words, af­fectionate and patheticall [Page 102] perswasions, powerfull and at­tractive arguments, and exhibit to them such winning examples of our kind demeanure, &c. That whereas by nature women are milde, loving, gentle and faire there might not be the least inclination in them to re­fuse a firme complyall unto That meek spirit which is so like their own good Genius, especially when so powerfully invited thereunto, (and constrained, if that word can be pro­per in this place) by the golden twist of heart uniting Love. Mercurie (saith Plutarch) was seated the next God unto Vénus, Plut. l. de prae [...]on­nub. because in marriage, there is allways need of settled reason, and a faire language. Mars was then ushering of Jupiter in a place remote, because warrs are only fitt for kings and States.

Reprehension we have added in the second place, that whereas Admo­nition, with its smooth carriage pre­vaileth [Page 103] not, the rereprehension with sharper intreatie might take effect. Hence thev. Tyra­quil. d. li. connub. gl. part. 1. &. Greg. M▪ Moral. lib. 20. par. 20. par. 4. c. 11. Law councel­leth, that overmuch leni­ty is to be mixt with some few graines of Severity (not rigour &c.) and of them both to be made a third temperature, or golden com­pound called Mediocritie: By which in all our reproo­ves we shall be so guided, as neither using too much exasperation or in­dulgence, we may soone reforme whatsoever Offence we seek to re­dress. God commanded that in the Arke of the Tabernacle directly over his two Statute Tables Manna should be preserved, but, together with Moses rod Livi [...] l. 8. hist. ab urb. cond. Papyrius set up before the Sen [...]te house in Rome the image of Mercy, but allso placed the image of Justice by.

In both which kindes of Cor­rection [Page 104] the success will be far more effectual if we leade the way before by our example, which by our words we perswade our wives to follow; for the abbreviarie of a husbands words and actions is as if it were the Chamber-glasse by which the wife should take direction to Dress her self, from top to toe; At his tongue she should learne to speake, by his cariage she should compose her be­haviour. And a 1000 times safer way it is (as in a Case not much dif­ferent. c v. Trag. loco Supr. citato. Pucatus told Theo­dosius) to governe by example, then by Soverity. Every good example is a most plea­sing invitation unto vertue, where the eye is guided unto present action, not the ear fed with fained specula­tion. And heerupon wasPetrarch. lib. de rem. adv. fom. Pe­trarch his opinion groun­ded, that a mimicall husband will make a lascivious wife, a riotous husband avoluptuous wife, [Page 105] a proud husband a proud wife, a modest and honest husband, a modest and honest wife. Wherefore it is St.St. Aug. in C. Si di­ctur 23. q. G. Augustines councell, that such as we would have our wives appeare unto us, the same we should first ap­proove our selves unto them. Would we have them chaste, Civile in Car­riage, courteous, and obliging, pu­re and unspotted in the world? we then must walke before them as the patterns of Chastity, of Civilitie, of Obsequiousnes, and of irrepre­hension. For what reason have we to expect more of them, then we can performe our selves? It is a silly master that offendeth in those faults for which he is offended with his pupil. So is it an impudent and impious fellow (saythSen. ad Lucil. Ep. 94. Seneca) who of his wife requires an undefiled bed, and yet he himselfe defiles it. By our ver­tuous demeanure then, we must [Page 106] direct them in the way of vertue, for there are none of them so vicious who will stick to tell us we are their masters, and ought to leade them an example. It is reported by Guil. de Monte laud in Cl. cum ex eo Cardinal. Florm. 1. appo desener com. esteemed authors, that in some places the husbands only are punished, for the faults of their wives. In Catalonia whosoever is Cuc­koled payeth a Sum of money: in Parrice he rideth in disgrace through the Citty, the crier proclaiming these words before him, So doe, so have. In some parts of England I have seen a custome not much different. All which though they are well neare worne out of date, yet their primarie intent was ver­tuous, beeing to restrain husbands that they may love none but their own wives, and dwell with them, so that neither should need any other companie, but by their mutual example one should be a president [Page 107] to the other of true Chastity, and Affection.

Thus then (to draw to wards my end) and only thus, may a husband lawfully correct his wife. Admo­nition is his first degree for smallest faults, and this must proceede from a pacient love, or a loving pacience▪ The next is Reprehension, in greater offences, which must aime at the amendment of the faults, not offen­ding of the faultie. And both of theise must be seconded by our good example that the world may see us doe those things which we would have done by others. Lastly in the last and highest degree is Divorce in Such cases as are before alledged. Now for further satisfaction to proove that the Lawes allow not any verberall Correction, I have added theise few reasons.

First, if a husband may lawfully beate his wife, then is the wife legal­ly bound to indure his beating: for [Page 108] the Law gives not authoritie to the punisher, but there with injoynes Obedience on the punished, But the Law bindes not the wife to such blockish pacience; for in such a case itAegid. in Cura Par. Praes v. 2. q 195. 117. allowes her to depart from her husband,Vincent de Franc. decis. 144. n. 4. and to obtaine sufficient maintai­nance of her husband in the time of her absence;Petr. de Ferrar. in aur. pr. p. 124. n. 4. Neither doth it limitt her any time to returne, if she feare his Tyrannie: nor yetDuran­dus in Spec. Juris l. 1. de off. judg. par. 2. n. 8. con­straines her to live againe with him, unlesse for her good usage good securitie be given her. In answer whereof that shift will not serve, to say the Law au­thorize the man to beate his wife but slightly, and not with such crueltie as may cause her to de­part; This is too course a salve for such a sore, for a little beating to same women, is more then much unto [Page 109] others, and therefore it will breed the same or worse effects: and how little soever it is, they are not bound to take it.

Secondly,a St. Bon. l. 4. dist. 38. art. 2. q. 2. The Law decrees that he Less grievou­sly offends who killeth his mother, then he who killeth his wife, though both be most haynouse and execrable sinns. He by rule of disputation, I conclude, therefore allso he less grievously offends that beates his mother then he who beates his wife. But what a horrid and bar­barouse Crime is it for a man to beate his mother (judge you) and then allso judge what the other is which is worse then that.

And whatsoever is sayd by Lawyers of the first proposition, some plainly affirming it, others mincing it which distinction, availeth not­hing, for if (as many doe) you hold the offence greater in respect of the greater punishment alloted it by Law, [Page 110] but less in it selfe, and of his own nature: I would demand of you, whither the Law doth not proportio­nate every punishment to the qua­litie of everie offence? To small of­fence▪ light punishments to greater, punishments of a greater nature, and to those that are most haynous, pu­nishments of the Severest kind? Which if you graunt, you must ne­cessarely acknowledg the truth of the first proposition, if you deny this, you accuse the law, of Injustice; Or otherwise if your reply be (as most mens is) that heerin the Law was most especially mindfull, and because men are more prone to inju­re their wives then their parents (as very sad accidents doe most usually testifie) therefore for greater terrour to such offenders, and more Evident Examples to other spectators, the law more severely punished the one then the other. If thus you pleade, I then joyne hands with you, and in the pre­sent [Page 111] case give the same sentence. Be­cause men are more prone to beate their wives then their parents, there­fore in law the act shall be held more hay nouse, because by law the punish­ment must be more grievouse.

Thirdly the name of a wife is a name of dignitie; The Law stiles her thy familiar friend, thy equal, thy associate, the Mistress of thy house; to speack all in one word the same person and Inviduum (as it were) together with thy selfe. If therefore she bear the name of dignity she is to be respected: If thy familiar friend, she is to be embraced: If thy equall associate she is to be equally regarded If thy Mistresse she is to be honou­red: if thy very self, she is as entirely and dearly to be beloved as thy selfe. All which duties of an husband are necessarily intended by the law, and are as contrarie to the rough and unkinde usage of a wife, as fire unto water, heaven unto earth.

[Page 112] And for the mittigation which is heer by some men interposed in way of answer unto this Objection (which is, that in the stricktnes of law it is lawfull for a husband to beate his wife but it is very inconvenient and undecent &c.) it is a plaine and peevish contradiction, and injuriou­sly robbeth the law, of the great end, wherefore it was instituted. For the end of the law is the happy govern­ment of a Nation, and families, (of which a State or Kingdome is con­stituted) which happynes is in not­hing more eminently Seen, then in the decent conformitie of manners, and orderly behaviour in all estates. 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 [Page 113] whole body of a Kingdome or Commonwealth, whatsoever is out of its due temperature, must by thePlat. Li. de justo. Finem le­gis dicit convenien­tem Sewa­re Ordi­nem, odis­se malum▪ 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.

[Page 114] 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 [Page 115] 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 [Page 116] 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 inMath. 1. 19. Joseph beeing a just man, and not willing to make her a pu­blique &c. a Strange expression. Joseph, who when he thought his [Page 117] 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 [Page 118] 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 [Page 119] 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 [Page 120] 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 Gn. 1. 28. 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, Ruper in li. de Tri­nit▪ ej. 9. openb. 9. without any companion to whom he might communi­cate his joyes, or impart his mind, orS. Tertul. li. 2. ad­vers. Mar­cion. of whom he could either hope for com­fort in his life, or expect continuance of his posteri­ty. v Se­quenti pa­gina. So that man seemed not more happy in his ample dominion, then unfortu­nate [Page 121] in his solitarie eslate; For what could theJose­phus An­tiq. l. c. 2. Subjection of all things unto himself profit him? where in could plea­sures of Paradice delight him? what joy could he take in his angelicall perfection, when he had none to converse withal? but with beastes, trees, Stones, or such like who could neither understand his reports, or returne him contented answers? Wherefore He who before saw all his workes good, saw now that it was not good for man (whose soule was fitted for communion) to be alone, but sayd,S. Bafil. Rom. 11. in Genes. letus make him a helper like unto himself. Where the All-eternall Creator who crea­ted all other things as he spake the word (for he butGen. 2. 18. spake and they were forth with made) doth now in this particular takeGen. 1. deliberation (as it were) and calleth to coun­cell [Page 122] the whole Trinity, S. Greg. mor. l. 9. c. 27. de­nothing that He had in hand a more divine work, and was to frame a creature of dignity. He taketh i S. Basil. hom. 9. in Gen. reason to his assistance, and wisdo­me, to manifest that now he was labouring most curiously to frame a Microcosme, or such an Epitomie of his own divine Excel­lencie and perfection as should startle all the visible creation, and render its self the Object of its own admira­tion; in short, to Create Such a Miror of humanity, with such excel­lent qualifications (or faculties of a Rationall Souls) as might sewe for the ELOHIM to behold the sha­dow or Image of himselfe Therein. Now Observe, after what glorious manner God created the man, in the same manner God proceedeth in the creation of the woman, whom he made as an equall associate and fellow helper for man:Orig. hom. 1. in Gen. For so God [Page 123] is pleased to call her name, who best knew her nature.

Poor Adam, let the world now judg whither then thou needest not a Helper, when heeing the worlds sole heire unto the worlds Diadem, thou hadest not so much as any friend to speake a word unto, or a servant to obey thy rationall and wise com­mands.

Translat. ex prud.
No bended knee did to thee homage then
Nor creeping courtier fawne upon thy State
Beasts were thy Savage Guard in­steed of men
VVhose senssless Sence could neither love nor hate.

Yet-again, most blessed for­tunate Adam, for God out of thy own deare self, created a meet helper for thee, more duti­full then any Servant, more dear [Page 124] then any friendHugo de. S. V. ingen 2. That what­soever was deficient to the perfection of thy felicity, might in this new and last addition be fully accomplished. That instead of Solitarines thou mightest enjoy a joyfull companion, and in Stead of barrenness thou mightest be eter­nally honoured for the worlds Grandsire. This was thy last but thy greatest of any mortall indow­ment. St. Chry­sos. hom 8. in geu. Damascen in l. 2. de Gen. 12. Neither was it with­out cause that she was last of all made, for as Prin­cess preparing to come unto her imperiall citie, hath her harbingers sent before, her house adorned and beautifyed, her court replenished, her attendants ready, and all things for her due entertainment prepared, so it was convenient, that before the Queen of the great world was created, the world (her receptacle) should first be perfectedJoseph. 1. antiq.c. 2. Tertul. l. 2. adv. Marcion. Paradice [Page 125] the Metropolitane citie of her residence finished, and all things else ready fur­nishd to her hands.

Thus God vouchsafed to honour the first birth of his fairest creature, nothing at all less then that of mans, and in some things also far beyond him.Gen. 2. 7. Adam was moulded out of the dust and clay of the earth, Ch. 2. 22. the womam was framed out of the purifyed body of man: Petr. Lomb. 2. dise. 18. Neither was she made of the lowest part, that so she might not seeme inferiour to him, nor yet out of the highest part, that so she might not challenge Superiority, but out of the middle of his body, of a ribh taken out of his left side, that thereby she might ap­pear not only his equall, but be most dearly esteemed as the great Guar­dian of his Heart, and vitall parts, Supplying the office of that left ribb, (in whose place and stead she was [Page 126] created) which defends the heart who in thatS. Au­gust. 12. de Civ. Dei c. 21. & 26. privie chamber rests it self, and which the arme as his beloved darling naturally embraceth: To teach obdurate man that woman is the Goddesse, to whom (of all creatures) he ought to Sacri­fice his own heart love; that she is the Chiefest Object on whom he should bestow the chaste imbrace­ments of his armes; or thus much else to intimate,S. Basil. hom. 12. in gen. that as it is woman only, whose love (of all creatures) should inherit the heart of man, so it is especially woman who­se defence should merit the arme of man.

Woman therefore by the divine power of creation was made of man: Gil. ant. incerp. in Gen. cap. 1. and man by a strange kind of Metamorphosis converted into woman. For when that death had ceized on [Page 127] Adam, and God had taken forth his ribb,Idem ib. & Brunus in Gen. 1. he closed up the breach with tender flech insteede of the hard bone, to the end that as his heart had now a more soft pillow to relye it self upon, so his minde should now become more mollyfied, and insteed of its naturall fiercenesse be­begin now to assume a naturall mild­nesse; Which speedly took effect, for as soone as he was awaked, he aknowled hed himself devided and turning unto this now beature per­clived himself imparted unto her. Wherefore his first words and mo­ming songe were words of amity, and a fong of love,Gen. 2. 23. this nowis bone of my bone and flech of my flech.

Transt. ex Bart. Per. 1. Sil [...]. [...]n opere di [...] 6.
For God so lihe [...]ly graved on this bone
All Adams beauties that but hardly one
[Page 128] Could have the liver from his love descryd
Or known the bridegroome from his gentle bride
Saving that she had a more Soaring Eie.
A Smoother Chin, a Cheek of pu­rer die.
A fainter voice, a more enticeing face
A deeper tress, a more delightfull grace,
And in her bosome more then lil­lie white
Two swelling mounts of jvory pan­ting ligh
Spring of all joyes Sweet Hee shee coupled One
Thy Sacred birth I never think upon
But (ravishd) I admire how God did then
Make two of one, and One of Two againe.

For no sooner were these of One divided into Two and made distinct and personall, but straitways again they were of two, contracted into [Page 129] One, and made the same and indi­viduall: Their creation was pre­sently accompanyed with institu­tion of their marriage, where in Adam received his own again with rich advantage. Hee lostGen. 2. 21. (as farr as we reade) but a bare bone,S. Damas ceng. in li. 2. ad Gen. he received it again branched into many bones, wrapped up in tender flesh, twisted on curious joynts, full of lively Spirits flowing with youthfull bloud, characterized with azure vei­nes, in proportion absolute, beau­tifull in colour, lovely to the eye, delightfull to be talkd withall, In a word his very like.Peretius in hunc lo­cum & Erunus ibid. He lost his bone without any Sence of paine, he received it a­gain with an extasie of joy. In regard of which blessed and happy surprizal, he is established for himself and all Succeding ages, an eternall Law,Gen. 2. 24. Therefore shall a man leave his father [Page 130] and his mother, and cleave unto his wife and they two, shall be One flesh. This was his Hyminall Song, this was the first Stature of Adam made heer in Paradise, when he was pure (as the Angells themselves) in perfection.Damas­cen. in lib. 2. ad Gen. Then was not his reason over cast with any clouds of Sensuality, his judgment not tainted with errour, his Affections not di­sturbed or diverted by sinfull temp­tations, and there by allured to sin on other Objects, of delight and pleasure, his Conscience not stained with Sinn, the eye of his understan­ding Clear, like the Sunn in its strentgh and beauty, the propension of his will free: and then we may as­sure our selves his was most exquisite, and his words the true Oracles of Wisdom.

In this so absolute and Angelical an estate (which now the nature of man can no ways pretend unto) see [Page 131] how the Proper state and first venture or marriage, ratifyeth and Confir­meth the amiable Bond, and indi [...] ­soluble knot, the firme conjunction, and perfect Union of Man and Wife. Man shal leave his father and mother and cleave unto his wife. Exod. 20. Pa­rents (there is no man doubts) are to be regarded with all filiall and reverentiall dutie: they should be the Second in our honour, as they are the Second causes of our beeing. Yet as though there were a Nescio quid in marriage, some higher mysterie, and a relation more essen­tiall, we are authorized to relin­quish them, (and therefore much more all other friends and acquain­tance or whatsoever love, the love of God only excepted) and to live with our companion who is our Se­cond self. An absolute Law (we see) for Adam, and for all his, posterity of men (therefore shall a man, &c.) not enjoyning this condition to Eve, [Page 132] or to the after posterity of women kind, that they should leave their father and mother and cleave unto their husbands, no: (but for this cause shall a man leave, &c.) It may be that his propheticall soule saw the future obdurity of man would proo­ve to be so stony, as it might stand in need of Lawes to mollifie it: but womans nature to be so gentle, so affable, so Obsequious, so compact of Love, that her choise affections would easilie prevent any law for the increase or continuance of her, Sym­pathizing Love, stronger then death it self, and which many waters could not quench.

And in this nearest of all near affi­nities, ifSe Chry­sost. c. 1. hom. 38. in Genes. Concord be our protector, though we live not in the glory of the world though we be as poore as imagination can conceive though prosperitie shines not in at our win­dowes, and pleasures, honours, [Page 133] riches and vanities, attend not at our gates; Notwithstanding all we have an Asylum at home, or Refuge, whereunto when we retire our selves, we are sure to finde sincerity of Love standing on the treshold of our dore, ready to welcome us and true Contentment within to entertaine us.

The councell-house may proove distastefull to us, the citty may per­chance deride us, the court peradven­ture not smile upon us: the fields thro Solitarines may possibly feed and nou­rish our melancholie, the streets-trough popularitie may displease us, all things abroad may not relish with us, nay gold and silver (if we had abundance of it) might distract our mindes yet after all, our comfort lies in this, that at our sweet home, we have Soveraigne Physick, a choi­se Cordiall, a most admirable Anti­dote (viz the Quintesence and highest Elixir of pure and spottles Love) to recover our diseased min­des, [Page 134] and to revive our drooping Spi­rits a present Restorative for every ma­lady we mun withal in this Cretd, dust and infectious aire where in we live [...],

But where discontent, and Discord swayes, though our posessions knew no other limitts then the Artick and Antartick Poles of Earth, our attendants as numberles as Xerxes Army, our fate as costly and luxu­rious as Heliogabalus, our house and furniture as glorious as Salo­mons Temple, &c. yet all this is but poor and beggarly riches, or a rich beggarie. Wher as our minde (which is the seat of true peace and content) is all this while inhabited by the out­ragious Spirit of strife and conten­tion, and is a fitt habitation for no other Objects then such who devour and prey upon each other, with the ravenous appetite of hatred, envie, malice, murders and revenge. Sup­pose flattering Prosperity were thy conse [...]nt Minion, and gave thee the [Page 135] whole world at thy command, let the rich Indies overlay thy floores and every thing thou hast with purest gold, The Choisest Gemms and Orientall pearls of richest worth, prostrate themselves before thy feet, and Cohabite in thy armes, and the sweet Arabia perfume thee with its costly odours, let the Sea, the air, the land, bring their rarest offerings to the honour of thy exalted name, and let Ivory beds (nay massie beds) of gold or silver inshrine thee from the dismall night, yet when thou returnest home unto thy own boso­me, thou shalt then find a hell of Tor­ments, and that bitter root of the Colliquintida of strife and emulation, which impoysons all the rest.

Farr from the example of the first institution was any such enormitie. It was here decreed They two shall bee-one flesh. Here was an Union proclay­med, their bodies are one flesh, their Soules one Spirit, themselves [Page 136] no more destinctly two, but per­fectly united into One. And if wee may be so bold to draw the compari­son from God himself, I would af­firme (with reverence) that man and wife are reall shadowes or Pictu­res of the most Sacred Trinity, where there is a distinction of Persons, but an Unity of Essence, even so man and wife all tho two Severall persons, yet ought they to abide as one Indi­viduum, or one entire Soul, Spirit, and Affection; One and the self same great end (each others mu­tuall good, and furtherance of their outward and inward happynes.) and one and the self same Méanes in order to that sole end (viz. in beeing and continuing a mutuall de light and Satisfaction unto each others minde centring both in Unity of Love)

On this bargaine, our first parents agreed, and the termes and condi­tions they truly performed in their [Page 137] first state of Innocency, when as the Soule of man was enameled only with the flowers of vertue, no thistles were then grouwing, no thornes or bryars were then planted: Passions of Anger fear, guilt and shame were not yet borne, nor Vice her daughter then begotten. This was once the Age whereof we have read.

Descrip­tio aurei Seculi translata ex Ovid. & aliis:
The first, and best of times were pure: a golden age
Next to the Gods, and fart­hest from tempestuous rage
Of vice. No other Empress of the world was known
As yet, but Sacred Vertue: she rul'd then alone.
Then was eternall Spring; the earth with richest flowers
Was allways richly clad: which (when the Christall showers
Performed their morning Sacrifices) gave such breath
As tho the Gods had daily new perfumed the Earth.
[Page 138] The Sister aire a virgin for th [...] piercing gunn
The mother earth, not yet was wounded by her sonne
The iron instrument. The rugged Oceans back
Not Sadled with tbe pine, to beare the Merchants pack
Yet then the Earth, the Sea, the aire, untouched did yeeld
More fruits then laboured now, doth aire, or sea, or fielde &c.
Bellona had not yet in sanguine field displaide,
Her sable 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 [Page 139] 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, Aristot. li. drani­ma. cap. 6. 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 [Page 140] 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 [Page 141] 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 [Page 142] (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.August. l. de cont. 14. 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 [Page 143] 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, (Gen. v. 1. hath God forbid­den you to eate of the fruite of the garden? Implying a plaine falsification in his close asser­tion,) v. 2. 3. 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, v. 4. 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,v. 4. for God doth [Page 144] 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 wayv. 6. 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 [Page 145] fruite, was not given unto the woman, but to the man, Gen. 2. 19. THOU shalt not eat of the Tree &c. And how­soever Greg. l. 39. Moral. c. 16. 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,Aug. li. 8. Gen. ad lit. c. 17. 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 [Page 146] 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 Rom. 5. v. 12. 14. 15. 16. 17. 18. 19. it is 8 or 9. eims re­peated▪ that the O­riginall Cause of the worlds sin was by One. and that was Adam sin. One man sin entered into the world, and death by sin, and in Adam (as our first Root and common head) we [Page 147] all Sinned &c. not men­tioning Eve as the Cause all tho she was first caught in the transgression;

However the case stood between Adam and Eve, I verely perswade my selfe, that the same Ser­pent who was both their Tempter, was likewise the first sower of dissention between man and wife: Doubtless it never pro­ceeded from God, who bound them in so strong a bond of love. It never proceeded from man, who so strongly, established his love: If neither from God nor from man, from whome then I pray you but from the Devil Who is that grand hater of Love and lover of hatred? Neither is this position a childe of my own fancie,Hoc e­nim acu­tissime Ob­servavit generosis­sima &. doctiss. foeminae jo dovena in Oratio­ne sua a­pologetica profoemi­nis. or the conceit only of some other far [Page 148] more learned witt,St. Chry­sos. hom. 57. in Gen. 29. St. Chrysostome is the author, Satan (sayth he) cunningly insinuated himself into the company of man and wi­fe, and craftily and wic­kedly disjoyned their hearts whom God before had joyned, where by strife and contention doe doe now oft times rei­gne with them in Stead of love and contentment. May it please you the­refore who are rigorous husbands to your wives, or such as are maintainers of this strife engende­ring Opinion to take notice of the Author thereof. A worthy patron (believe it) for unworthy a practise, a famouse founder of such impious and inhumane acts. Heaven abhors it, the earth, was not so base to invent it, [Page 149] Hell must be sought, and the Devil found out for the first broacher thereof. I think then is no man so shameless, but would blush. (or at least might be ashamed) to take his practise a notorious wicked man who is abominable to God and all sober men, and will there be fonnd (afterall all thats sayd) any monsters who will be Apprentices to the Devil, to learne a Trade from Him? Were there no other rea­son in the world to deterr (if not perswade) men from this hatefull Impiety but only this, that it hate. THE DEVIL for its Author, methinks this might be Sufficient motive, to rayse up a reall indignation and abhorrencie thereof especially when it is so detestable to God, and to his sa­cred Lawes, so opposite to the Law of Nature (and that instinct [Page 150] planted in bruite beast so Contrary to the beeing, life and wellfar [...] of mankind, so destractive to Reason, such a professed Enimie to true Religion; In a word the publique shame and disgrace o [...] such wicked men and the grief and lamentation of all that are good.

CHAP. VI. The Conclusion.

MY conclusion shall therefore be, an earnest request unto all married persons, that as they are bound by the Laws of Rea­son and humanity, by the lawes of God, and man, and as they have most solemnly given their plighted faith one to an other in [Page 151] the Church of God, and before his all seeing ey, so that they would both conscienciously make it their care and study how to Honour God in this honourable Estate of theirs, and if contention must arise, let it be a godly and zealous emu­lation who shall exceed each other in all the duties of Love, accor­ding to that mutuall' obligation one towards the other in that Sacred Bond of Mysticall Union where in they stand; Husbands love your wives, as Christ loveth his Church; count not that all you can doe or suffer for their good can be too much, Christ loves his Church with the dearest of all loves, he thinks nothing too good, too choise, too deare for them provided they doe but all their endeavour to walke answerable to this Love; Resolve your selves what due authority God hath given you over your wives, [Page 152] and in extraordinary and difficult circumstances &c. trie that utmost of your lawfull bound but never Stepp into that thorny field of rigour, Severity, sullen morosity, or cruell Tyrannie, which all sober ingenious and godly men have shunnd, and fixed a brand of per­petuall shame and ignominie on every persons forehead, who shall be found walking in that Aceldama (or field of blood) and unto whom God hath denounced a certaine curse; VVives Love, honour, and obey your husbands in the lord, (as the church Loves Christ) and learn how to rule and raigne [for so Christ promiseth his Church shall Revel 5. 10. Raigne with him] by a dutifull, a humble meek and wise subjection unto his golden Scepter of purest love; And as undefiled love is the Churches greatest glory, so should [Page 153] it be the greatest honour and di­gnitie to every wife to fix an Im­periall and sparkling Diademe of Flaming love upon her husbands head, which as this Crounes his soveraigne brow with victorious lawrell, so likewise doth it blazen forth her worth, and by so much the more exalts her praises; Both husbands and wives, live together as One, in that Unity of Soule, as you are pronounced to be One in the unity of body and flesh; hus­bands condescend to please your wives in all that with Deciency you may, and be not bitter or rigid to them, and you wives submitt [...]nto your husbands in whatsoever lawfull commands, and so the God of Love and peace will delight to take up his habitation in your hou­ses (when you lie down he will defend you, when you sleep, he will command his Angells to pro­tect [Page 154] you, when you awake he wil [...] meet you and converse with you he will teach and instruct you in all his ways, and choose the path he would have you walk in, and hold up all your steps in those his pathes and open fountains of his refreshing Love to your thirsty soules, when [...] wearyed in you pilgrimage thro [...] this [...] solitary and desolate wilderness and will never leave you, nor for­sake you, but build you up as living and precious stones, in his Spirituall building, to your own mutuall confort and peace, the good of your friends and acquain­tance, the usefullness and benefit of the Church of CHRIST, and of your generation, the everlasting hapines and welfare of your pre­ciouss and immortall soules, both in this life, and in the life to come. Which hath no▪

FINIS.

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