A09377:194
Christian economyChristian oeconomie
Christian economy: or, A short survey of the right manner of erecting and ordering a family according to the scriptures. First written in Latin by the author M. W. Perkins, and now set forth in the vulgar tongue, for more common use and benefit, by Tho. Pickering Bachelor of Divinity.Christian oeconomie: or, A short survey of the right manner of erecting and ordering a familie according to the scriptures. First written in Latine by the author M. W. Perkins, and now set forth in the vulgar tongue, for more common vse and benefit, by Tho. Pickering Bachelar of Diuinitie.
London: printed by Felix Kyngston, 1609
Modern spelling is a reading aid: the words are the author’s, only the spelling is modernized. Original shows the page as printed, with the transcription marks.
Error in respect of the person, is, when one person is taken for another; or when the contract is made between two, whereof the one was taken to be such a party, as afterwards he proved not to be. Now where this error is committed, it is a plain case, there was no consent; and therefore the contract, upon certain knowledge thereof, is quite frustrate. For the knowledge of the party is the ground of consent, and belongs consequently to the very substance of marriage.
Error in respect of the person, is, whē one person is taken for another; or whē the contract is made betweene two, whereof the one was taken to be such a partie, as afterwards he proued not to be. Now where this error is committed, it is a plaine case, there was no consent; and therefore the contract, vpon certaine knowledge therof, is quite frustrate. For the knowledge of the partie is the ground of consent, and belongs consequently to the very substance of mariage.
Nevertheless, if, the error being ⟨p. 71⟩once known, the parties have had secret society one with another; & have either again consented, or grown to an after-acceptation of the consent before made, the contract may and doth stand in full force. For example: Jacob, by the deceit of Laban, had taken Leah for Rachel, to his wife; so saith the text, When the evening was come, Laban took Leah his daughter, and brought her to him, and he went in unto her, Gen. 29▪ 23. But when the morning was come, behold it was Leah, 25. Now by the judgement of the best Divines, Jacob might justly have renounced Leah, if he would, because Laban had given her unto him for Rachel, and so deceived him; yet he would not use extremity, but kept her as his wife.
Neuerthelesse, if, the error being ⟨p. 71⟩once knowne, the parties haue had secret societie one with another; & haue either againe consented, or growen to an after-acceptation of the consent before made, the contract may and doth stand in full force. For example: Iacob, by the deceit of Laban, had taken Leah for Rachel, to his wife; so saith the text, When the euening was come, Laban tooke Leah his daughter, and brought her to him, and he went in vnto her,