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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A30726 The true case of John Butler, B.D., a minister of the true Church of England in answer to the libel of Martha his sometimes wife : treating of a marriage dissolved and made null by desertion and of a lawful concubinage in a case of necessity, wherein lawful marriage conveniently or possibly cannot be obtained. J. B. (John Butler) 1697 (1697) Wing B6276; ESTC R20976 33,278 45

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Dame of the Family yet God did plainly allow of a lawful Concubinage or addional wives for the bed for Issue sake the Issue whereof are no where termed Bastards either in old or new Testament but upon all occasions in case of heirs male wanting by the proper wife the son of Concubinage became heirs Thus Ismael Son of Abraham by his maid servant should have been heir if Isaac had not been born of Sarah Gen. 17 18. And thus Rehoboam Son of Soloman by Naamah a meer Concubine was his Heir unto his Throne for that he had no Son by his proper Wife Yea tho Daughters he had several And thus Jeph●bab Son of Gilead by a Stranger or a meer Concubine became the Prince of the People before any of his brethren Born of the lawful Wife because of his Abilities above any of them Judg. 11. ● 2 and 11 which had he been a Bastard could not have been For a Bastard might not enter into any office in the Church to become so much as a Constable or a Church-warden much less a King or Judge Deut. 23 2. but was to remaine a slave equal to the Gibeonites a hewer of wood and a drawer of water And at this rate none were esteemed Bastards but children begotten in Adultery or Whordom of another mans wife or of a common Whore and such could not inherit Incest was a foul sin and yet the Children Born of Incest did inherit and were not reputed Bastards as Pharez Son of Judah by his Son's Widow and Janna Son of Joseph Arses by his Nice Both which were Heirs in the Genealogy of our Saviour and therefore no Bastards But the Pope made Bastords of such which by God's Law are reputed well born And from the Pope our Statute Laws still keep up the practice Declaring all childeren to be bastards which are born out of marriage So as Childeren begotten out of marriage was a sin against the King's Laws and Statutes and yet no sin against God's Law Now it hapned that betewen the year from Janu. 1. 1637 unto the 24 of June 1660. there were so many hundred thousand children born out of marriage because of the true Laws of marriage put down that there was no other remedy to heal so many disorders in marriages by sinning against the King's Laws but by an Act of Indemnity and by that Act all manner of sins against the King's Laws in case of deficient marriage except some exceptions in that Act expressed whereof this is none being pardoned All sorts of comming together by any single man and si ngle woman and not disallowed by Gods Laws and the children born of such a beding together are made as lawful to all intents and purposes as if they had been married in all things according to the rites and ceremonies of the Church of England And hence all manner of Concubinages between single persons during the time aforesaid were made good in Law by a Statute-Law And thus the marriage of this Respondent with this said Complainant became a lawful marriage by Statute-Law as well as by Gods Law And so it was also of all other Concubinages of the same time from 1637 unto June 1660. And the children of such a bed were lawful born children and no bastards but were and are to be taken as the true and lawful Heirs unto their Fathers Dignities and Estates in as much as if they had been born of lawful marriage And now the second marriage of this Respondent with the said Mary Tomkins being a lawful marriage according to God's word barr'd of the benefit of the King's Laws only because of dangerous inconveniences in the way And being in the same state as all the Concubinages in the years aforesaid laments only the want of the same remedy And being a lawful marriage before God pleads for its self as a lawful and innocent concubinage tho not a good marriage according to the King's Laws 2ly This Respondent farther pleads that tho the Statute-Law of this Realm seem to condemn this his deficiency of marriage yet the customs of the Kingdom do fully and plainly allow of it For first whereas it appears by the Chronicles of Scotland that Robert Stuart the next Heir unto David then King of Scotland as his eldest Sisters Son lived with Elizabeth the daughter of Sir Adam Moor as his Concubine out of marriage and had by her three sons John Robert and Alexander and afterwards the said Elizabeth still living he Married with Euphame the Daughter of the Earl of Rosse by whom he had two Sons called David and Walter And after that being Crown'd King Euphame dy'd and he married his old Concubine Elizabeth And being old he called a Parliament of Lord's Spiritual and Temporal to advise him which son of right ought to inherit his Throne And it was resolved for the eldest Son of the Concubine before the sons of his married wife For that she had been a true wife to him before God in all things excepting the deficiency of the rites and ceremonies of marriage This therefore was approv'd of by all the wisdom of the Realm to have been a lawful Concubinage And insomuch as the Heirs of that Concubinage are without any gainsaying admitted also to inherit the Imperial Throne of this Realm it is also become an allowed Custome in this Kingdome also That the Heirs of a lawful Concubinage may inherit the Patrimony of their Parentage Thus also in the case of William of Normandy who was born out of marriage who was admitted and his Heirs after him to enjoy the Imperial Throne of this Kingdom and owned as a lawful King by all the Nobles and Bishops of this Realm Henry the Seventh also of this Kingdom was admitted and allowed in several Parliaments as the lawful Heir of John Duke of Lancaster altho' he was the Grand-child of John Earl of Sommerset the Son of the said John Duke of Lancaster by Katherne Swinford his Concubine born out of marriage and as I take it in the Life time of Constance his wife And the Heirs of these Concubinages do continue unto this Day Now have Parliaments admitted of such things as these as lawful and good Successions and shall they not be called the Custom of England And if lawful Customs then Custom pleads to be of kin unto a Law yea tho ar the sametime it seems to clash with Law But we must distinguish between matters of Concubinage for tho' some of them may justly by Law be Condemned yet some other of them in the mean while ought to have a despensation against the perils of the Law And among others this Case of the Respondent humbly begs a Reprieve in asmuch as necessity for want of the Power of Continency requirs an honest company of some Bed-fellows but it may not be an Whore and cannot with safety be a married wife according to the Laws of this Land for want of an Authoritative Sentence to acquaint him of his former