and because they come somewhat neare to the bonds and termes of blood and stocke which God hath set downe in his word Augustine in his 15. booke De ciuitate Dei chap. 16. saith to this purpose Experti autem sumus c. that is We haue found by experience that in regard of that neerenesse of blood which cousin-germans haue vnto the degrees of brothers and sisters how rarely custome hath admitted those mariages which were warrantable by lawes because the law of God hath not forbidden them nor as yet the law of man Neuerthelesse the practise lawfull in it selfe was forborne the rather because it came neare to that which was vnlawfull and therfore mariage with the cousin-german seemed in a manner to be marriage with a mans own brother or sister c. Howbeit there is no question but in these times it hath been well prouided by lawes that such mariages should not be vndertaken For as the multiplication of alliance is hindered thereby so this inconuenience also groweth from them that friendship and loue which is procured by affinitie betweene men that are strangers cannot be enlarged and encreased where men goe not out of the limits and termes of their owne blood Yea there is naturally in man a commendable measure of shamefastnesse whereby vpon consideration of nearenesse in bloâ—d hee acknowledgeth a due debt of modestie and honor to his next kindred and consequently estraineth himself in regard of them from he occasions and actions of concupiscence whereunto hee is inclinable in respect of others And hence it is that generally the modestie that ought to be in those which intend mariage auoideth as much as may be these and such like coniunctions The same is the iudgement of Ambrose in one of his Epistles to his friend Paternus wherin he disswadeth him froÌ„ marrying his sonne with his cousin-gâ—rman vpon the grounds before alledged by Augustine adding this withall that though it were in it selfe lawfull being no where forbidden by God yet in sundrie respects being inexpedient it ought not to bee done according to the saying of the Apostle All things are lawfull for me but all things are not expedient But it is auouched to the contrarie that God by expresse law forbiddeth mariage with the aunt the fathers sister Leuit. 18. 12. and with the mothers sister vers 13. and with the fathers brother wife which is also the aunt vers 14. therefore by the law of proportion â— forbiddeth matching with the childrâ—â— of these persons For in nature it is a ruled case If a man may not marrie thâ— mother much lesse may he marrie the daughter Answ. The argument is faultie and concludes nothing to the purpose For there is not the same reason of both In the right line of consanguinitie those which are sisters to father and mother stand in the place and stead of parents and their nephewes and neeces are to them as children therefore mariages among them can stand by no law either of God of nature or by the positiue lawes of nations It is not so with cousin germans For hauing no such relation there is not in their mariages by the law of Moses any discouerie of shame or breach of ciuil honestie The blessing of God vpon some of them mentioned in Scripture as vpon Iacob and Rahel and such like doe euidently shew that they were lawfull in themselues and pleasing vnto him And thus much touching kindred by blood or consanguinitie Kindred in affinitie is that whereby the termes of two kindreds are brought into the societie of one and the same familie or whereby persons that are not of blood are by marriage allied each to other Hence it is termed affinitie because it maketh an vnitie of termes in kindred which before were distant Affinity or alliance groweth by mixtion or participation of blood in the coupling of man and wife together in lawfull mariage For a bare and simple contract maketh not alliance betweene partie and partie properly but mariage after the contract finished and consummate Againe the same alliance ceaseth and determineth vpon the death of either partie espoused or maried yet so as the prohibition of coniunction remaines and stands in force for the preseruation of publike honestie Now there is a kind of resemblance and proportion betweene kindred of blood and kindred by mariage not only in regard of degrees and line but also in respect of the prohibition of degrees Those that are of alliance are commonly reduced to these heads I. The father in law or the husbands or wiues father The mother in law or the husbands or wiues mother II. The mothers husband or step father to them that come by another man The fathers wife or step-mother to those that come by another woman III. The wiues fathers father or grand-father and the wiues mothers mother or grand-mother or the grand-father and grand-mother of the wife IV. The sonne in law or daughters husband and the daughter in law or sons wife V. The neeces husband the nephewes wife VI. The step-step-son or son in law that is the son of a man by another wife or of a woman by another husband The step-daughter or daughter in law that is the daughter of a man by another wife or of a woman by another husband VII The step-step-sons son or his son who comes of a man by another woman or of a woman by another maÌ„ And the step-daughters daughter or her daughter who comes of a man by another woman or of the woman by another husband VIII The husbaÌ„ds or wiues brother the husbaÌ„ds sister or brothers wife IX The sisters husband and the brothers wife Concerning affinitie I propound these rules I. Looke in what degree a man is of consanguinity to ones wife in the same degree of affinitie hee is to the wiues husbaÌ„d And coÌ„trariwise for example Isaac Esau. Iacob Ioseph Ioseph Samuel Aaron Eli. Maria. Leui. Heere if Marâ—e Iosephs wife be distant from Esau Iosephs vncle by the fathers side two degrees then also is Ioseph himself distant from Aaron the brother of Eli his father in law two degrees If Marie the wife be distant from her own father Eli one degree and from her grand-father Samuel two then also is her husband distant from Eli his father in law one degree and from Samuel his wiues grand-father two Another example Herod Herod Philip whose wife is Herodias Heere Herod being in the first degree of consanguinitie with his brother Philip Herodias his brothers wife is in the first degree of affinitie to him II. Rule Cousins by mariage within the degrees both of the right and collaterall line doe come neere to the kindred of their flesh in the same manner that cousins by bloud doe in the same lines and the like degrees in both are forbidden Therefore in the right line of affinitie it is as well vnlawful for the father in law to marrie the daughter in law or the sonne in law to marry the mother in law
as it is for the father to marrie the daughter or the sonne the mother Againe in the collaterall it is as vnlawful for the vncle by the mothers side to marrie the wife of his sisters son and so in other degrees as it is for him to match in the same degrees of cōsanguinitie The reason is because in these lines as well as in those of consanguinitie superiours and inferiours are each to other as parents and children From hence amongst other things it may bee gathered that it is in no sort lawful for a man when his wife is dead to marrie her sister Leuit. 18. 16. Thou shalt not discouer the shame of thy brothers wife for it is thy brothers shame And Leuit 20. 21. The man that taketh his brothers wife committeth filthines because he hath vncouered his brothers shame Against this doctrine it is obiected First that God commandeth not to take a wife with her sister during her life Leuit. 18. 18. in which place hee doth not simplie forbid a man to marry two sisters one after another but to marrie them both together and therefore after the wife is dead a man may marrie her sister Ans. The place is a flat prohibition of the sin of Polygamie For to take a wife to her sister in the Hebrew phrase is nothing else but to take two wiues one to another The like forme of speech is vsed otherwhere by Moses as Exo. 26. 3. Fiue curtaines shall bee coupled together the woman to her sister that is one to another and the other fiue curtaines shall be coupled the woman to her sister that is the one to the other Ezech. 1. 9. The foure beasts were ioyned with their wings the woman to her sister that is the one to the other Againe Moses himselfe there alledgeth two reasons against Polygamie the one is because the man is to loue cherish and comfort this wife whereas if he should take vnto him another besides her he should greatly vex his first lawfull wife The other because by that meanes he should vncouer the shame of his wife that is he should play a very dishonest part with her to whom he was before lawfully married Obiect 2 The Lord commanded by a speciall law that the brother in case his brother died without issue should take his wife and raise vp seede vnto him Deut. 25. 5. Answ. The words of Moses are a speciall exception of a generall law propounded in Leuit. 18. 16. Thou shalt not discouer the shame of thy brothers wife for it is thy brothers shame And they are peculiarly directed to the Israelites vpon speciall cause that when the elder brother died without seed the name of the first borne might not be extinct but the familie might bee preserued in that name by raising vp of seed vnto him which being a priuiledge proper to the Israelites vpon that speciall consideration it must not bee enlarged to any other sort of men whatsoeuer Neither is the text to be vnderstood of cousins remoued only as some thinke but also of the next of the kindred by blood as appeareth plainly by the historie of Ruth chap. I. vers II. in these words of Naomi to her daughters in law Turne againe my daughters for what cause will you go with me Are there any moe sonnes in my wombe that they may bee your husbands Turne againe my daughters go your way for I am too old to haue a husband c. III. Rule The wiues kinsman by blood is of affinitie to her husband only but vnto his kindred by blood the said kinsman hath no affinitie at all So on the contrarie it is true that though the husbands kinsman by blood be allied to his wife yet he hath no alliance to those that are kinsmen of blood vnto her The reason is because betweene the kindred of blood on the mans side and the kindred of blood on the womans side there is no affinitie For the prohibition of the degrees of affinitie hath force in those only which are the cause thereof and goeth no further Now the cause being only in the married persons themselues the effect may not in reason be enlarged to them that are of the same blood with either of them From this rule it followeth that the kindred of both married persons by blood may lawfully match together The sonne in law may match with the daughter of his mother in law The father and the son by another wife may marrie the mother and the daughter Two brothers may lawfully match with two sisters IV. Rule Kindred of affinitie to the wife are also kindred of affinitie to her husband but how not properly but only after a sort and as it were of affinitie So on the contrarie Kindred of alliance to the husband are as it were of alliance to his wife For example The wife of my father in law which is not my wiues owne mother but her step-mother is as it were my mother in law for she is as it were of affinitie to me because she is indeed of affinitie to my wife Those which are of affinitie only after a sort cannot conueniently match one with another And therefore the sonne in law may not marrie with his wiues step-mother because being of affinitie to his wife shee is in stead of a mother in law to him Neither may the daughter in law match with her husbands step-father because hee is as it were a step-father to her Againe my sisters husband may not marry my brothers wife for they are after a sort brother and sister each to other The reason hereof is because the wife is holden in law a part of her husband and therfore if affinitie hinders mariage with one of the married couples it hindreth as well in the like case and respect mariage with the other And thus much touching the distance of blood which in the choice of persons fit for mariage is most necessarily to be obserued For in the 18. chapter of Leuiticus there are sixteene seuerall sorts of persons with whom mariage is forbidden The first is the mother The second is the step-mother The thid the sister by the same father and mother The fourth the half-sister by one of the parents only The fifth is the neece by the sonne The sixth the neece by the daughter The seuenth the fathers sister The eight the vncles that is the fathers brothers wife The ninth the mothers sister The tenth the daughter in law or sons wife The eleuenth the brothers wife The twelfth the wiues mother The thirteenth the step-daughter or the wiues daughter by another husbād or husbāds daughter by a former wife The fourteenth is the step-sonnes daughter that is his daughter who was the wiues sonne by another husbād The fifteenth the step-daughters daughter The sixteenth is the wiues sister And not only these but all other answerable to them either in the same or like degree are by equall proportion forbidden to be had in mariage It is alledged
required of necessitie but of honestie at least because the power and authoritie of the parent though it be not taken away yet it is lessened when it is either transferred to another person or in part resteth in the child alreadie bestowed Secondly by parents consent I vnderstand that which they giue not rashly vnaduisedlie or foolishlie but out of good wise consideration and vpon true and sound iudgement of the businesse in hand For otherwise as much as in them lieth they make the mariage void and of none effect And they are then thought to carrie a right iudgement of the thing when they be able to yeeld a iust cause of yeelding or denying their consent For example if a father denies to bestow his daughter Iulia vpon Sempronius because hee knowes him to be an Arrian a Pelagian or of any other sort of Heretikes he withholdeth his consent vpon a good ground he doth that which he doth of iudgement Yet further I adde that where the parents do dissent and can yeeld no probable cause thereof the mariage consummate without their consent ought to be confirmed and ratified by the authoritie of the Magistrate who is Pater patriae And this seemes to be the most equall course both for the auoiding of greater scandals for the preuenting of wrong that may otherwise be done in some particular case as to a woman that is defloured and reiected Thirdly consent of parents is either expressed or implied Expressed when it is giuen by words Implied when it is yeelded by silence For it standeth with most equitie and indifferencie to thinke that those parents do giue consent who do not by word expresly denie the same Fourthly children are either subiect to the authoritie of their parents in the familie or at their owne libertie out of their parents subiection Those that are at liberty are tied necessarily to subiection in respect of mariage but the other being still of the familie and vnder iurisdiction are bound to be ordered by their parents in the bestowing of themselues This is briefly the meaning of the question in hand Now for proofe of this point I will propound three sorts of arguments wherof some are drawne from the law of God some from the light of nature and some from the iudgement of the ancient Church For the first sort According to the law of God mariage is not only a ciuill and politike but also a diuine and spirituall coniunction the author and ordainer whereof vpon speciall cause was God himselfe This our Sauiour Christ witnesseth when he saith Those whom God hath ioyned together let no man separate Matth. 19. 6. That therefore mariages may be soundly ratified and confirmed the authoritie and power of God himselfe is necessarily to be interposed If it be asked How God that is in heauen should bring and ioyne together man and wife vpon the earth I answere that he doth it not immediately by himselfe as he brought Euah vnto Adam but in by some solemne and lawful meanes And this meane is that great and ancient power and prerogatiue of parēts And the law of God hath giuen them this power not in ciuill contracts and compositions alone but euen in the beginning and accomplishing of mariages Deut. 7. 3. Thou shalt not giue thy daughter vnto his sonne nor take his daughter vnto thy son Ierem. 29. 6. Take wiues for your sonnes and giue your daughters vnto husbands that they may beare sonnes and daughters 1. Cor. 7. 36. But if any man thinke that it is vncomlie for his virgin if shee passe the flower of her age and need so require let him doe what he will he sinneth not let them be maried Hence it was that Abraham by right of this authoritie gaue order what wife his seruant should prouide for his son Thou shalt not take a wife to my sonne of the daughters of the Canaanites But thou shalt go vnto my countrie and to my kindred and take a wife vnto my sonne Isaac Gen. 24. 3. 4. Sampson though he was inflamed with the loue of the womā in Timnath whom he saw to be beautifull in his eyes yet hee durst not take her to his wife till she was giuen him of his parents Iudg. 14. It was an expresse law of God that if a man intised a maid that was not betrothed and lay with her hee should endow her and take her to his wife But how marke in what manner the holy Ghost proceedeth If her father refuse to giue her to him he shall pay money according to the dowrie of virgins Exod. 22. 16. 17. Deut. 22. 28. 29. In which text Moses plainly teacheth that the consent of the two parties is not sufficient no not though they haue had societie together vnlesse they haue the free cōsent of their parents also In like maner it was ordained by God Numb 30. 4. 5. 6. That if a woman vowed a vow vnto the Lord being in her fathers house her father hearing it holdeth his peace concerning her that is approueth her vow by winking at it her vow shall stand But if her father disallow her that is giueth no approbation or consent vnto the vow made it shall be of no value and the Lord wil forgiue her because her father consented not Now if the vow of children made vnto God and pertaining to his worship cannot be ratified without the parents approbation of how much lesse force shall any priuate contract or mariage be without their allowance The second argument is taken from the light of nature and it is gathered by proportion on this manner A son priuilie alienateth and selleth away his fathers lands either in whole or in part The question is whether this alienation be good in law yea or no Answere is No. And why Because the land did not belong to the son but was part of his fathers substance In like manner a son alienates himselfe and is betrothed to a woman to marrie her without his parents knowledge Is this act of the son warrantable and sound By no meanes for the son in respect of his body is part of the fathers goods and may not be alienated from him without consent A notable reason hereof we find in Iob 1. For when God had giuen Satan power to destroy and spoile all Iobs goods and whatsoeuer he had the diuell doth not only touch the wealth of Iob but his children also as a part of his substance In this respect the Iewes were permitted by God to sell their children Exodus 21. 7. Againe for the accomplishment of mariage there must needs be a mutuall donation betweene the spouse and the espoused And what is that which is mutually giuen Surely their persons or rather their bodies each to other for so Paul saith 1. Cor. 7. 2. Let euery man haue his wife and let euery woman haue her owne husband But by whom is this donation to be made by sons and daughters that are in the familie
side or great grand-fathers brother and the great aunt by the fathers side or great grand-fathers sister The great vncle by the mothers side or the great grand-mothers brother and the great aunt by the mothers side or the great grand-mothers sister IV. The great grand-vncle by the fathers side or great grand-fathers fathers brother and the great grand-aunt by the same side or the great grand-fathers fathers sister The great grand-vncle by the mothers side or great grand-mothers mothers brother and the great grand-aunt by the same side or the great graÌ„d-mothers mothers sister Now these in regard of their inferiours are in stead of parents and therefore do come neare to the kindred of their flesh Those superiours which are of kindred to parents on the one side a farre off are these I. The sonne and daughter of the great vncle or aunt by the fathers side or of the great vncle or aunt by the mothers side II. The nephew and neece of the great vncle or aunt by the fathers side or of the great vncle or aunt by the mothers side neare to the cozin germane And these as they stand in comparison with their inferiours doe not come neare to the kindred of their flesh The equall collaterall line is that whereby kinsmen are equally distant from their head Kinsmen of this line are I. whole brothers that is brothers by the same father and mother or halfe brothers that is brethren by the same father but not by the same mother Againe whole sisters by the same father or mother or halfe sisters by one of them and not by both II. The brothers children or cousin germans that is the vncles sons or daughters or the aunts sonnes or daughters The sisters children or cousin germans that is the aunts sonnes or daughters which are the children of two sisters III. The cousin german the son of the great vncle by the fathers or mothers side and the cousin german the son of the great aunt by the fathers or mothers side The cousin-german the daughter of the great vncle by the fathers or mothers side and the cousin german the daughter of the great aunt by the same sides In this line looke how many degrees the partie in question is remoued from the common stocke by so many twice-told is he remoued from his kinsman in question Put the case betweene Bethuel and Isaac as in this example Thare Abraham Isaac Nachor Bethuel Heere Bethuel being two degrees remoued from Thare is foure degrees distant from Isaac Now he that is in the second degree of this line comes neare to the kindred of his flesh and for that cause the mariages of brethren and sisters are vnlawfull and forbidden But against this sundrie things are alledged Obiect 1. The sons of Adam who were the first brethren in the world married their sisters marriages therefore in this degree may seeme to bee lawfull Answ. The case of those persons in those times was a case of necessitie which could not be auoided and therupon was warranted by diuine dispensation For God had giuen them his owne expresse commandement in this behalfe Beare fruits and multiplie Gen. 1. 28. Besides that there were then no other women in the world by whom they might haue issue and posteritie but only by their sisters Whereupon it is manifest that Gods will was to permit them to take euen their sisters to their wiues But now out of this speciall dispensation from God such matching is vtterly vnlawfull being an apparent breach of another expresse commandement giuen afterward by God himselfe Leuit. 18. 9. 11. To this purpose saith Augustine in way of answere to the example propounded The practise of those first times then backed by vrgent ne-nessitie the more ancient it was the more damnable it proued afterward when it was restrained by Gods commandement Obiect 2. Sarah was Abrahams sister and yet Abraham tooke her to wife Gen. 20. 12. Yet in very deed she is my sister for she is the daughter of my father but not the daughter of my mother and shee is my wife Gen. 11. 29. Abraham and Nahor tooke them wiues and the name of Abrahams wife was Sarah Answ. Touching this instance there are sundrie opinions The Iewes doe grant thus much that she was called by a name common to all kinsfolke of that sexe to wit a Sister yet indeed shee was Abrahams neece the sister of Lot and the daughter of Haran Abrahams brother which Moses elsewhere calleth Iischa Genes 11. 29. Others thinke that shee was daughter in law to Thare Abrahams father because Abraham himselfe saith She is the daughter of my father not of my mother Others are of opinion that she was Harans daughter in law and after his death was translated into the family of Terah her grand-father who was also in steâ—d of her father being dead and thence shee was termed his daughter Now howsoeuer in this varietie of iudgements it is hard to find certaintie of truth yet this is out of doubt that God in those daies tolerated many things which notwithstanding he did not altogether approue Obiect 3. 2. Sam. 13. 13. Thamar saies to her brother Amnon Speake I pray thee to the King and he will not denie mee vnto thee Ans. The speech of Thamar is not simplie to be taken as if she desired that which she said or as if it were lawfull to be done which she wished him to do but only that she sought to put him off by giuing him this counsell in respect of her owne deliuerance from that present danger wherein shee was Or at least it way be said that she erroniously supposed it was lawfull for the King to grant such a sute if it had bin made vnto him by her brother Amnon Whether way soeuer this speech bee taken there can no such thing bee gathered thence as is pretended Now out of the second degree of the equal collateral line it should seeme that those who are ioyned one to another in mariage do not touch the kindred of their flesh and therefore the law of God forbiddeth not coÌ„sobrines or cousin-germans that is brothers and sisters children to marrie Yea if examples be of force for this purpose the Scripture approueth such mariages For thus it is written that Iacob married Rahel the daughter of Laban his mothers brother Genes 28. 2. Againe that Mahlah Tirzah and Hoglah Milcah and Noah the daughters of Zelophehad were married vnto their fathers brothers sonnes Numb 36. 11. And Othniel the sonne of Kenaz the cousin of Caleb tooke Kiriath-sepher and hee gaue him Acsah his daughter to wife Ios. 15. 17. Howbeit in this case the rule of the Apostle is to be followed That nothing be done euen in things that are otherwise lawfull whereby a mans brother may stumble or bee offended or made weake Rom. 14. 21. Wherefore it is conuenient that such mariages should not be because sometimes they may giue offence in regard of the law of the Magistrate
that it is against the law of God and the first institution of mariage that a contract should bee made betweene such persons whereof the one is formerly betrothed to another For so long as the first promise stands in force the man can no more be betrothed to two women then he may be the husband of two wiues because the spouse by the bond of her promise to the man becomes a wife and the man by the bond of his promise to the woman becomes an husband Deut. 22. 23. 24. Againe there can bee no sure-making and consequently no mariage with such a one as either hath been diuorced without a sufficient cause or hath wrongfully forsaken and reiected a lawfull mate before To this purpose saith our Sauiour Christ Matth. 19. 9. I say vnto you that whosoeuer shall put away his wife except it be for whoredome marieth another committeth adulterie and whosoeuer marrieth her which is diuorced committeth adulterie And Saint Paul 1. Cor. 7. 11. But if she depart let her remaine vnmarried or be reconciled vnto her husband and let not the husband put away his wife Hitherto I haue treated of essentiall markes which belong to the being of mariage Now I come to those that are accidentall An accidentall marke of a person fit for mariage is that which belongeth not to the being but to the well being that is to the holines and puritie of that estate And of this sort there be three that are the principall The first is paritie or equality in regard of Christian religion For in mariage there is a speciall care to be had that belieuers be matched with belieuers and Christians with Christians not belieuers with Infidels or Christians with Pagans For the former sort are only and alwaies to be made and kept and the latter to be auoided yea inhibited by positiue lawes and constitutions the breach whereof in such cases is seuerely to be punished The neglect of this point was one principall cause of the destructiō of the old world by the floud Gen. 6. 2. The sons of God saw the daughters of men that they were faire and they tooke them wiues of all that they liked Abraham obserued it in the mariage of Isaac his sonne and for that purpose tooke an oath of his seruant Gen. 24. 3. I will make thee sweare by the Lord God of heauen and God of the earth that thou shalt not take a wife vnto my son of the daughters of the Cananites among whom I dwell And in imitation of that holy example Isaac also giues a charge vnto Iacob his son that he should not take a wife of the daughters of Canaan Gen. 28. 1. Afterward there was an expresse law of God giuen by Moses touching the Gentiles that liued in that land Exod. 34. 15. Beware that thou make not a couenant with the inhabitants of the land c. vers 16. And take of their daughters vnto thy sonnes and their daughters go a whoring after their gods and make thy sonnes goe a whoring after their gods And the same law was vrged by Ezra the Priest in his time Ezra 10. 11. Separate your selues from the people of the land and from the strange wiues Lastly S. Paul exhorteth the Corinthiās 2. Cor. 6. 14. Be not vnequally yoked with the Infidels And Titus 3. 10. Reiect him that is an heretike after once or twice admonition But suppose it falleth out that the espousals be past and that both parties at the first were belieuers or one of thē only or that at first both were vnbelieuers and yet afterward one of them is conuerted to the faith or further admit that both were belieuers at the contract yet within some time after the one becomes an Infidell that is to say a Iew a Turke or an obstinate Heretike that denies the faith and razeth euen the very foundation of Religion in this case what is to be done Surely euē such espousals once made and ended if there be no other impediments but these are to stand continue firme and vnchangeable so long as the vnbelieuing partie doth willingly yeeld and submit him or her selfe to the performance of mariage duties properly belonging to man and wife My reason is the speech of Paul who saith If any brother haue a wife that beleeueth not if she be content to dwell with him let him not forsake her Againe The woman which hath an husband that belieueth not if he be content to dwell with her let her not forsake him 1. Cor. 7. 12. 13. If it be heere alledged that the sin of adulterie dissolues the bond both of contract and mariage and therefore much more doth idolatrie or infidelity which is a sinne farre more detestable then adulterie I answere that the questiō is not whether of these is the greater sin or more hainous in the sight of God for Infidelitie in both respects far exceedeth the other but whether of them is more repugnant to the nature and condition of wedlocke Now the sinne of adulterie is that alone which breakes the bond and renounceth the troth plighted in mariage and is the proper cause of a diuorce and not Idolatrie or Infidelitie The second note is parity or equalitie in regard of age and condition First of Age because though the mariage of persons whose yeares are farre vnequall is not expresly forbidden in the word yet is it agreeable to the rules of expediencie and decencie that the aged should match with the aged the yonger with the yonger Reasons are these First because the comforts of this societie in likelihood will by this meanes alwaies be equall and consequently bring the more contentment to either partie Secondly these vnequall mariages are often times offensiue to others Thirdly they cannot but in some cases proue offensiue euen to themselues For when a man of great yeares matcheth with a woman very yong or a yong stripling marrieth an aged woman the elder partie growing weake and impotent may the sooner come to be vnfit for mariage duties and the yonger being of greater strēgth and abilitie the more in danger of being exposed to incontinencie and that in the highest degree vnlesse he be restrained by Gods speciall grace For this cause it was a great fault wherewith one Apuleius was iustly charged that being but a very yong man he was married to a wife of 60. yeares of age Secondly of condition and estate For this also is answerable vnto the Apostles rule who exhorteth men to thinke of and to do those things which are true iust commendable and of good report Philip. 4. 8. Thus it is a seemely and commendable practise that the Prince the Noble man the free-man the gentleman the yeoman c. should be ioyned in societie with them that are of the same or like condition with themselues and not otherwise For this cause are the auncient Romans greatly to be commended who as we reade in their stories had such a carefull respect of their mariages in this
only the vse but the bond and couenant of mariage Matth. 19. 9. I say therefore vnto you that whosoeuer shall put away his wife except it be for whoredome and marrie another committeth adulterie c. And yet the same bond may be continued and grow vp againe by the good will and consent of the partie innocent and consequently they may be reconciled and dwell together still 1. Sam. 25. 44. Now Saul had giuen Michal his daughter Dauids wife to Phalti the sonne of Laish which was of Gallim 2. Sam. 3. 14. Then Dauid sent messengers to Ishbosheth Sauls sonne saying Deliuer me my wife Michal which I married for an hundred foreskins of the Philistims The same course may be taken in like cases by the innocent specially vpon the repentance of the guiltie person But yet euery man must be left to his owne conscience and none is to bee compelled to take another from whom hee may iustly bee separated against his will Now in requiring of a diuorce there is an equall right and power in both parties so as the woman may require it as well as the man and he as wel as she The reason is because they are equally bound each to other and haue also the same interest in one anothers bodie prouided alwaies that the man is to maintaine his superioritie and the woman to obserue that modestie which beseemeth her towards the man After the diuorcement made it shal be lawful for the harmelesse partie not hauing the gift of continencie vpon leaue obtained of the Church and the Christian Magistrate to marrie againe But what then shall become of the partie offending Answ. If vpon the hazard of his Conscience in want of the remedie any libertie of second mariage bee to bee granted vnto him by the Church or Ciuill Magistrate as indeed here in England there is not diuers restraints in this Case must be obserued First no such libertie is to be granted so long as the matter remaines vncertaine whether they may be reconciled specially while the partie innocent liueth in single life Secondly it must euidently appeare that the said offending partie hath earnestly rpented him of his sin before he can either be receiued into the Church or admitted to a second mariage Thirdly this liberty is not to be granted him either presently or vnaduisedly but vpon frequent and serious admonition rather to giue himselfe to mourning and lamentation and still to remaine alone then to desire againe to enioy the benefit of that state which he hath alreadie so shamefully abused So much of the first way of performance of due beneuolence The second way is by cherishing one another Ephes. 5. 29. No man euer hated his owne flesh but nourisheth and cherisheth it as Christ also doth the Church This cherishing is the performing of any duties that tend to the preseruing of the liues one of another Wherefore they are freely to cōmunicate their goods their coūsel their labors each to other for the good of themselues and theirs The third way is by an holy kind of reioicing and solacing themselues each with other in a mutuall declaration of the signes and tokens of loue and kindnesse Prou. 5. 18. Reioyce with the wife of thy youth vers 19. Let her be as the louing Hind and pleasant wild goat let her breasts satisfie thee at all times and delight in her loue continually Cantic 1. 1. Let him kisse me with the kisses of his mouth for thy loue is better them wine Gen. 26. 8. So after he had bin there a long time Abimelek King of the Philistims looked out at a window and loe hee saw Isaak sporting with Rebekah his wife Then Abimelek called Isaak and said Loe shee is of a suretie thy wife Esay 62. 7. As a yong man marrieth a virgin so shall thy sonnes marrie thee and as a Bridegroome is glad of the Bride so shall thy God reioyce ouer thee This reioycing and delight is more permitted to the man then to the woman and to them both more in their yong yeares then in their old age CHAP. 11. Of the Husband MArried folkes are either husbād or wife The husband is he which hath authoritie ouer the wife hereupon in Scripture he is called the guide of her youth Prou. 2. 17. and they twaine being but one flesh he is also the head ouer his wife The duties of the husband towards the wife are these I. To loue her as himselfe Eph. 5. 33. Let euery one loue his wife euen as himselfe Gen. 24. 67. Afterward Isaak brought her vnto the tent of Sarah his mother and hee tooke Rebekah and she was his wife and he loued her so Isaak left mourning for his mother Note how the loue of the husband to the wife mitigates sorrow for the death of the mother He is to shew this loue in two things First in protecting her from danger Gen. 20. 16. And vnto Sarah he said behold I haue giuen 1000. shekels of siluer vnto thy brother behold he is the couering of thine eies amongst all that are with thee Let it be knowne amongst all be thou instructed 1. Sam. 30. 5. Dauids two wiues were taken prisoners also Ahinoam the Izreelite and Abigail the wife of Nabal the Carmelite v. 8. Then Dauid asked counsell of the Lord saying Shall I follow after this companie shall I ouertake them And hee answered him Follow for thou shalt surely ouertake them and recouer all Secondly in regarding her estate as his owne and prouiding maintenance for her both for his life time and as much as he may for time to come after his death Ephes. 5. 28. So ought men to loue their wiues as their owne bodies he that loueth his wife loueth himselfe vers 29. For no man yet hated his owne flesh but nourisheth it c. Exod. 21. 10. If he take him another wife he shall not diminish her food her rayment and recompence of her virginitie Ruth 3. 9. Vnto whom he said who art thou which said I am Ruth thine handmaid spread therefore the wing of thy garment ouer thine handmaid for thou art the kinsman II. To honor his wife 1. Pet. 3. 7. Giuing honor to the woman This honor stands in three things First in making account of her as his companion or yoke-fellow For this cause the woman when she was created was not takē out of the mans head because she was not made to rule ouer him nor out of his feet because God did not make her subiect to him as a seruant but out of his side to the end that man should take her as his mate Secōdly in a wise patiēt bearing or couering of her infirmities as anger waywardnes and such like in respect of the weaknes of her sexe 1. Pet. 3. 7. Giuing honor to the woman as vnto the weaker vessell seeing yee are heires together of the grace of life that your prayers bee not hindred Thirdly by suffering himselfe sometimes to be admonished or aduised by
been taken by the Heathen for iudgement of the inclination and towardnesse of their children The Athenians made a law that before children were bestowed in any calling they should bee first brought into a publike place where Instruments belonging to all sorts of trades were laid and look in what kind of Instrument any of them tooke most delight the child was thought to bee most fit for the trade whereunto that Instrument belonged and afterward applied to the same with good successe Now the Parents first and principall care must be for the Church that those of their children which haue the most pregnant wit and be indued with the best gifts be consecrated vnto God and brought vp in the studie of the Scriptures to serue afterward in the Ministerie of the Church Thus Anna dedicated Samuel her son vnto God by vow 1. Sam. 1. 11. And shee vowed a vow and said O Lord of Hostes if thou wilt giue vnto thine handmaid a man-child theÌ„ I wil giue him vnto the Lord all the daies of his life And she did according to her vow and the Lord blessed Samuel her sonne who in processe of time became a great Prophet The next point of Education of children is to prouide that they may liue well and lead a godly life To this purpose Parents must do three things First they are to be carefull that the child so soone as may bee after it is borne bee admitted into the true Church of God by Baptisme and haue a fit name giuen vnto it Secondly they are to endeuour to sow the seeds of godlinesse and religion in the heart of the child so soone as it comes to the vse of reason and vnderstanding and as it growes in yeares so care must be had that it grow in knowledge and grace To this purpose is the vow and promise made in Baptisme which parents are bound to call vpon the child to remember when it comes to yeares It was the godly care of Timothies parents 2. Tim. 3. 14. But continue thou in the things which thou hast learned knowing of whom thou hast learned them vers 15. And that thou hast knowne the holy Scriptures of a child which are able to make thee wise vnto saluation through the faith which is in Christ Iesus This was the commandement of God to the parents of his people Deut. 6. 7. Thou shalt rehearse these words which I command thee continually to thy children and shalt talke of them wheÌ„ thou tarriest in the house And vers 20. When thy sonne shall aske thee in time to come saying What meane these Testimonies and Ordinances and Lawes which the Lord our God hath commanded you Then thou shalt say vnto thy sonne We were Pharaohs bondmen in Egypt c. This was obserued by the Israelites in the ages â—cceeding Psal. 44. 1. We haue heard with our eares O God our fathers haue told vs the workes that thou hast done in their daies in old time Thirdly the first instruction of children in learning religion must be so ordered that they may take it with delight For which purpose they may be sometimes allowed in moderate maner to play and solace themselues in recreatioÌ„s fitting for their yeares And if they do amisse in either they are to bee restrained by the bridle of discipline First by reproofe in word and when that wil not helpe by the rodde of correction Zach. 8. 5. The streets of the citie shall bee full of boyes and girles playing in the streets thereof Prou. 29. 15. The rod and correction giue wisdome but a child set at libertie makes his mother ashamed vers 17. Correct thy son and he will giue thee rest and giue pleasures to thy soule Hebr. 12. 9. We haue had the fathers of our bodies which correct vs and we gaue them reuerence Yet in this point two extreames are carefully to be auoided That the Parent be not either too seuere or too indulgent to the child For seueâ—itie Paul giues his rule Ephes. 6. 3. Parents prouoke not your children to anger that is by too much austeritie in gouernmeÌ„t For lenitie we haue old Eli his example 1. Sam. 2. 23. And he said vnto them Why do yee such things for of all this people I heare euill reports of you Doe no more my sonnes c. So much for Education The second general dutie of parents is the bestowing of their children This bestowing is when they knowing their children fit for mariage not to haue the gift of continencie do vse their best indeuour to prouide matches for them in time or at least do aduise them therunto by themselues or by their friends 1. Cor. 7. 36. If any man thinke it vncomelie for his virgin to passe the flower of her age and need so require let them bee married vers 38. he that giueth her to mariage doth well Ierem. 26. 6. Take yee wiues and take wiues for your sonnes and giue your daughters to husbands c. Gen. 28. 1. Isaak called Iacob and blessed him and charged him and said vnto him Take not a wife of the daughters of Canaan Arise get thee to Padan Aram and thence take thee a wife of the daughters of Laban thy mothers brother Iudg. 14. 2. Sampson came and told his father and his mother and said I haue seene a woman in Timnah of the daughters of the Philistims now therefore giue me her to wife This dutie is now adaies carelessely neglected of Parents and the fruit therof is dangerous For hence it comes to passe that their children oftentimes do either commit whoredome or vndertake wicked and vngodly mariages In the choice of a husband or wife the Parents ought to haue a greater respect vnto pietie and wisedome then vnto beautie and riches or any other outward blessings Yet where they all concurre the partie so qualified is the more thankfully to be entertained Vpon these grounds the Priest of Prince of Midian gaue his daughter Zipporah to Moses and Moses agreed to take her Exod. 2. 19. A man of Egypt deliuered vs from the Philistims and also drew vs water enough watered the sheepe And Moses agreed to dwell with the man who gaue vnto Moses Zipporah his daughter Iosu. 15. 16. Then Caleb said He that smiteth Kiriath-sepher and taketh it euen to him will I giue Achsah my daughter to wife Yea it is a sinne to marrie only for beautie without consideration of the better things Thus the old world sinned wheÌ„ the sonnes of God saw the daughters of men that they were faire and tooke them wiues of all that they liked Gen. 6. 2. and Sampson who only vpon the sight of the woman in Timnah of the daughters of the Philistims without further inquirie desired that she might be giuen him for his wife Iudg. 14. 2. Againe it is meet that pareÌ„ts should deale moderately with their children in this case and not vndertake at any hand to force and compel them to marrie this or that partie This was
hundred and eighteene that were borne and brought vp in his house Gen. 14. 14. It was in likelihood y e course of Salomon which he had learned of his father Dauid and giuen for a rule to al masters of families Prou. 4. 1. Heare O children the instruction of a father and giue eare to learne vnderstanding For I was my fathers sonne deare and tender in the sight of my mother when he taught me and said vnto me Let thine heart hold fast my words The company of the Disciples were the household of Christ and he himselfe did administer all parts of the seruice of God with them and among them Luk. 22. 15. To this purpose Augustine saith That the master of the familie doth after a sort and in his measure performe the dutie of a Churchman or Bishop within his house II. To bring his familie to y e Church or Congregation on the Sabbath day to looke that they do religiously there behaue themselues after the publike exercises ended the Congregation is dismissed to take account of that which they haue heard that they may profit in knowledge and obedience Act. 10. 24. The day after they entred into Caesarea Now Cornelius waited for them had called together his kinsmen special friends vers 33. Now therefore saith Cornelius to Peter are we all heere present before God to heare all things that are commanded thee of God Iob 1. 5. And when the daies of their banqueting were gone about Iob sent and sanctified them rose vp early in the morning offred burnt offerings c. 2. King 4. 23. And he said wherefore wilt thou go to him to day It is neither new moone nor Sabbath For this very cause the fourth Cōmandement is giuen first of all principally to the master of the familie that he might see the Sabbath kept and be a principal doer in all parts of Gods worship therein Exod. 20. 10. In it thou shalt not do any worke thou nor thy son nor thy daughter thy man-seruant nor thy maid nor thy cattel nor thy stranger that is within thy gates Neither is this his care tied only to the Sabbath but vpon other daies besides it he ought to cause them of his houshold as much as in him lieth to repaire to places where the word of God is preached Commendable was the practise of Marie the sister of Martha in this case who when Christ came to her house is said to sit at his feete and attend vnto his preaching Luk 10. 39. III. To prouide for his family meat drinke and clothing and that they may liue a quiet peaceable life 1. Tim. 5. 8. Pro. 27. 26. The lambs are for thy clothing and the goats for the price of thy field v. 27. And let the milke of thy goats be sufficient for thy food for the food of thy familie and for the sustenance of thy maids 1. Cor. 9. 9. Thou shalt not muzzle the mouth of the oxe that treadeth out the corne doth God care for oxen either saith he it not altogether for our sakes Matth. 13. 52. Euery scribe which is taught vnto the kingdome of heauen is like vnto an housholder that brings forth out of his treasurie things both new and old IV. To keepe order and to exercise discipline in his house and that in this manner In case of offence when a capitall crime is committed which incurreth publike censure he is not to punish it himselfe but to bring the offender to the ciuill Magistrate to informe of his fault that he may haue his desert It was a course established by the Iudicial law which God gaue vnto Moses for his direction in causes criminall among the Israelites Deut. 21. 18. 19. 20. If any man hath a son that is stubborne disobedient which wil not hearken vnto the voice of his father nor the voice of his mother and they haue chastened him then shal his father and his mother take him and bring him out vnto the Elders of his citie and vnto the gate of the place where he dwelleth and shall say vnto the Elders of his citie This our son is stubborne and disobedient and he will not obey our admonition hee is a rioter and a drunkard Againe Deut. 13. 6. If thy brother the son of thy mother or thine own son or thy daughter or the wife that lieth in thy bosome or thy friend which is as thine owne soul entise thee secretly saying Let vs go and serue other gods which thou hast not known thou I say nor thy fathers thou shalt not consent vnto him nor heare neither shal thine eye pitie nor shew mercie nor keepe him secret Zach. 13. 3. And when any shall yet prophesie his father and his mother that begate him shall say vnto him Thou shalt not liue for thou speakest lies in the name of the Lord and his father and his mother that begate him shall thrust him thorough when he prophesieth If the fault be of an inferiour nature and lesser in comparison the master of the familie ought to proceed by priuate censure vpon the delinquent partie sometimes by admonitiō otherwhiles by correction and chastisement according to the quality of the offence the condition state of the person Leuit. 19. 17. Thou shalt plainly rebuke thy neighbour and not suffer him to sin Mat. 1◠15. If thy brother sinne against thee go and tell him his fault betweene him and thee alone If he heare thee not take yet with thee one or two Prou. 29. 17. Correct thy sonne and he will giue thee rest and will giue pleasures to thy soule When admonitions and corrections will not preuaile the partie must bee brought before the Ministers and Gouernours of the Church that they may censure him Matth. 18. 17. If he will not heare them tell it vnto the Church And the Apostle Iames giueth order that the Ministers of the Church should come to those that are sicke and pray for them Iames 5. 14. which if they doe in case of infirmitie then they are also to be sought vnto in case of errour and offence committed for redresse But when none of all these meanes will do good if the partie be a seruant his master may and ought to remoue him Psal. 101. 7. There shall no deceitfull person dwell within mine house he that telleth lies shall not remaine in my sight Ioh. 8. 35. The seruant abideth not in the house for euer V. To giue intertainment to those that are strangers not of the familie if they be Christians and Belieuers but specially to the Ministers of the Word Rom. 12. 13. Giuing your selues to hospitalitie Hebr. 13. 2. Be not forgetfull to lodge strangers for hereby some haue receiued Angels into their houses vnawares This duty the woman of Shunem her husband performed vnto the Prophet Elisha 2. King 4. 10. Let vs make him a little chāber I pray thee with walles and let vs set him a bed there and
a table and a stoole and a candlesticke that he may turne in hither when he commeth to vs. These are the duties Heere if it be demanded whether the master of a familie is alway and necessarily bound in his owne person to doe all these things I answere that if there be iust and necessarie cause either in respect of his owne inabilitie or in regard of publike imployment vpon a lawfull calling whereby he is hindred so as he cannot do any of them himselfe at some times it is lawfull for him to haue and vse a deputie This our Sauiour Christ teacheth in effect when he saith Who then is a faithfull seruant and wise whom his master hath made ruler ouer his houshold to giue them meate in season Mat. 24. 25. Thus Abraham had a steward of his house Eliezer of Damascus Gen. 15. 2. and he performed the waightiest matters that concerned the establishment and continuance of Familie not by himselfe but by his Steward as namely the choice of a wife for his sonne Isaak Gen. 24. 2. Therefore Abraham said vnto his eldest seruant of his house which had the rule ouer all that hee had Put now thine hand vnder my thigh c. Thus Pharaoh King of Egypt had Ioseph Gen. 39. 4. So Ioseph found fauour in his sight and serued him and hee made him ruler of his house and put all that he had in his hands CHAP. 18. Of the Mistresse of the familie or Goodwife of the house THe Goodwife or Mistresse of the house is a person which yeeldeth helpe and assistance in gouernmeÌ„t to the Master of the familie For he is as it were the prince and chiece ruler she is the associate not only in office and authoritie but also in aduise and counsell vnto him 1. King 17. 17. And after these things the sonne of the woman which was wife or mistresse of the house was sicke Her dutie is two-fold First to gouerne the house as much as concerneth her in her place 1. Tim. 5. 14. I will therefore that the yonger women marrie and gouerne the house And that she doth three waies I. By exercising her selfe in some profitable employments for the good of her charge Prou. 31. 13. She seeketh wooll and flax and laboureth cheerefully with her hands II. By appointing her maids their worke and ouerseeing them therein Vers. 15. She riseth whiles it is yet night and giueth the portion to her houshold and the ordinary to her maids III. By ordering her children and seruants in wisdome partly by instruction partly by admonition wheÌ„ there is need Vers. 26. Shee openeth her mouth with wisdome and the law of grace is in her tongue vers 28. Her children rise vp and call her blessed c. Tit. 2. 5. That they be discreet chast keeping at home c. Act. 18. 26. Priscilla in her house with Aquila instructed Apollos in that wherin he was wanting expounding vnto him the way of God more perfectly Gregorie Nazianzen in an Oration made for his father saith That his mother was not only an helper but also a teacher or instructer and guide vnto his father in matters of religion godlines The second dutie is to giue the portion of food vnto her familie or cause it to be giuen in due season Prou. 31. 15. She riseth whiles it is yet night and giueth the portioÌ„ or meat to her houshold Thus did Rebekah in her house Gen. 27. 9. Get thee now to the flock bring me theÌ„ce two good kids of the goats that I may make pleasant meat of theÌ„ for thy father such as he loueth Quest. Whether may the goodwife without the consent of the goodman giue and bestow the goods belonging to the familie Ans. I. There are some things which are proper to her selfe and not part of her dowry which she brought vnto her husband And these she may claime as her owne because either they were reserued vpon the match made betweene them or else are peculiar vnto her by their mutuall consent and of them she may lawfully giue without her husbands knowledge II. The goods which are common to them both are of another nature and these shee may not bestow without his allowance either expresse or at least general and implicite specially when the giuing of them doth or may grow in likelihood to the hinderance and preiudice of the state of the familie FINIS * 〈…〉 〈…〉 Xenoph. ibid. * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Cic. 3. de Nat. Deor. 1. Tim. 3. 5 Gen. 6. 12. 1. Sam. 2. 12. 23 24 25. 2. Sam. 14 33. 1. King 5. 6. 2. Sam. 15 1. King 1. Aristot. Politic. Xenoph. in Oecon. Psal. 128. 1 1. Tim. 4. 8 1. Cor. 7. 1. 2. 8. 9. Bellarm. de Matrim Sacram. libr. c. 19. Concil Trident. Sess. 24. Decreto de clandest Matrim Matth. 5. 32. Concil Trid. Sess. 24. Can. 7. a See the Code in sundrie places Lib. 5. tit 4 de Nuptijs tit 5. de incesto c. b Concil Trid. sess 24. can 12. Bellarm. de Matrim Sacram. cap. 32. Psal. 128. 3. Act. 20. 32 * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 * Diu deliberandum quod sâ—mel staâ—uendum * In verâ—is de 〈…〉 * In futurum * Non de facto de â—ure * De praesenti * Jn sauorem Matrimony Rom. 1. 26 * Species Leuit. 18 22. 23. * Ebr. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Sobriuo propior De ciuit Dei lib. 1â— ca. 16. Epistâ—l li. 〈◊〉 66. 1. Cor. 6. Beza de repudijs 82. * Cuius nuptias inâ—re non licet eius nec coniuâ—is licet Chap. 18. * Impuberes * Turpi Tertul. ad vxor li. 2. * Dilucida interualla Gal. 4. 1. Repudium * De honestate Sub Innocent 3. canon 51. Tertul. lib. ad vxorem 2. ad finem * Ritè Iure Basil. epist. 1. ad Amphiloch Canon 42. Lib. 2. ad vxorem * Oblationem sic exponit Beatus Rhenanus Niceph. lib. 14. cap. 55. Ambros. epistolar lib. 9. epist. 70. ad Vigilium Ambros. in 1. Cor. 7. 15. Libr. 4. dist 39. Lib. de Fide operib cap. 1â— Canon Proposuisti Distinct 82. Sozomen lib. 3. cap. 16. Sess. 8. Canon 9. 10. Ambros. lib. de Philosoph citat ab August contr Iulianum lib. 2. Arist. Ethic lib. 8. In 1. Cor. 11. Homil 26. 〈…〉 * In potestate patris Ruffin Eccles hist. lib. 1. c. 14. Nazianz. epist. ad Eudoxam * C. de Nuptijs L. vidua L. in coÌ„iunctione * Beza de repud diuort sect de spoÌ„salibus absque consensu parfactis Arist. Oeconom 7. Theodor Orat. 8. Aristot. polit lib. 1. * Ethchanicau suos initiatos * In Ioan. tract 51. in fine * Bagnalath babbaijth Domina domus