Common Places, Part 2 · Chapter 10 · Section 4
VVhether it be lawfull for children to marrie without the conſent of their parents.
17 Now ſhall it be verie well to ſée, In Iudges. 14, verſe. 5.whether it be lawfull for children to contract matrimonie without conſent of their parents. An example of the forefathers.Certeinlie Samſon would not. And it is a matter of much honeſtie, and of thankfulneſſe towards the parents, if matrimonie be not contracted without their knowledge and conſent. At the beginning, Adam did not chooſe himſelfe a wife: God was his father, and brought Eue vntounto him. Gen. 2, 22.Abraham, when Iſaac was a man, Gen. 24, 3.ſent his ſeruants to his kindred, to ſéeke out a wife there for his ſonne. Gen. 28, 1.Iſaac alſo ſent Iacob into Meſopotamia to his vncle, to the end he might get him a wife there. The lawe of God.Afterward followed the lawe that was giuen of GOD by Moſes, that children ſhould honour their parents. But the honour, which muſt be giuen vntounto them, Wherein ſtandeth the honoring of parents.is not onelie to vncouer the head, to giuegive the vpper hand, and to riſe vp (yet theſe things muſt alſo be doon, though they be not ſufficient;) but they muſt alſo ſuſteine their progenitours, if néed ſhall require, and ſhew themſelues dutifull towards them. Wherefore, The power of a father defined.the power of a father is defined to be a bond of pietie, whereby children are bound to their parents, to performe the duties of humanitie and thankfulneſſe.
If ſo be children in other things ought to obeie their parents, doubtleſſe they ought chéeflie to doo it in contracting of matrimonie. Herof there is a peculiar lawe in the 22. chapter of Exodus; If a maiden, which is not betrothed, verſe. 16.ſhall be deceiued, he that hath ſeduced hir, ought to giuegive hir a dowrie, and to take hir to wife. But it is added; If the father will. Otherwiſe he ſhall onelie giuegive a dowrie; neither ſhall he hauehave the maiden to wife againſt the fathers will. And in the booke of Numbers, the thirtie chapter; verſe. 4.If a maiden vow a vow, and the father heare it, and letteth it not, the vow ſhall be firme; but if he gainſaie it, it ſhall be in vaine. And what is a vow? A promiſe made vntounto God. Howbeit, matrimonie is a promiſe, which is made vntounto man. If God permit a vow made vntounto him, to the iudgement of the father; much more will he permit matrimonie vntounto him, ſéeing it is a promiſe made betwéene men. 2. Sa. 13, 13.In the ſecond booke of Samuel, Thamar anſwered vntounto hir brother Ammon; If thou deſire me at my fathers hand, he will not denie me vntounto thee. The cuſtome was then, that the daughters were deſired of the parents. Héere I diſpute not, whether it were lawfull for Dauid to giuegive to Ammon his ſiſter to wife.
Ephe. 6, 1.Further, Paule ſaith to the Epheſians; Children obeie your parents in all things. He excepteth nothing, when he writeth ſo: but ſaith, In all things; namelie, which they command not againſt the word of God. And in his firſt epiſtle to the Corinthians the ſeuenth chapter, verſe. 36.is moſt manifeſtlie declared, that it belongeth to the parents to giuegive their daughters in marriage to huſbands. And that was knowne, not onelie by the lawe of God, but alſo by the light of nature. Which, euen the Comedies of Terence and Plautus manifeſtlie declare. Euripides.And in Euripides a maiden anſwereth; Of my marriages my father will hauehave care, ſéeing theſe things are not in me to determine. Which verſe certeinlie ſo liked Ambroſe, Ambroſe.as he placed it in his booke of the patriarchs. Further, it ſerueth verie well for domeſticall peace: for the daughter in lawe ought to be to the father in lawe in ſtéed of a daughter. Contrariwiſe, of raſh marriages riſe great diſcords at home. And for ſo much as the father ought to helpe his ſonne with his goods; it is méete againe, that the ſonne ſhould obeie his father in contracting of matrimonie. In other ciuill contracts, the ſonne can doo nothing, without the conſent of his father; as appéereth in the Digeſts, De mutuo, ad ſenatuſconſultum Macedonianum. Wherfore it is méet, that the iudgement of the father ſhould be tarried for in ſo weightie a matter.
The ciuill lawes touching this point.The ſelfe-ſame thing hauehave the ciuill lawes decréed. Iuſtinian in his inſtitutions, in the title De nuptijs, will not that marriages ſhould be firme, without the conſent of the parents. And in the Digeſts De ſtatu hominum, in the law Paulus; If a ſonne marrie a wife againſt the will of his parents, the child, which ſhalbe borne of thoſe parents, ſhall not be legitimate. And in the Code De nuptijs, in the lawe Si proponis, the caſe is diligentlie to be marked. The daughter marrieth by conſent of hir father; ſhe afterward being agréeued at hir huſband, departeth from him: after that, he returneth into fauour, and ſhe marrieth him againe againſt hir fathers will. It is anſwered, that that matrimonie is not lawfull. Héereby it appéereth, how much thoſe lawes eſtéemed the authoritie of a father. Againe, in the lawe Si furioſi, children (if perhaps their parents be mad, or béereſt of their wits) ſéeing they cannot vſe the conſent of them in contracting of matrimonie, they ſhall vſe the conſent of their tutors.
18 So then it ſéemeth maruellous, that chriſtians at this daie determine, that marriages are lawfull, without conſent of the parents. What the Canons determine hereof.And to couer this, they alledge the Canons: of the which I thinke it good bréefelie to declare ſome. And firſt I will make mention of the better Canons, which were the more ancient: for the later they were decréed, the more corrupt they were. In the Decrées, cauſe 30. queſtion 5. chapter Aliter; Matrimonies are then lawfull, when the maidens are deſired at the parents hands, and deliuered openlie: otherwiſe they are not matrimonies, but whoredomes, diſhoneſt companings, adulteries, and fornications. Thus decréed Euariſtus. Nicolaus alſo at the conſultation of the Bulgars, Euariſtus, Nicolaus.cauſe 30. queſtion 5. chapter Noſtrates; Thoſe matrimonies are firme, which be knit by the conſent of them which contract them, and of thoſe in whoſe power they are. Leo.Leo alſo the firſt, in the 30. cauſe, queſtion 5. chapter Qualis; Then it is to be counted matrimonie, when the maiden is by hir parents deliuered vntounto hir huſband. And in the 31. cauſe, queſtion 2. chapter Non omnis; A woman, which marrieth by the conſent of hir father, is without blame, if anie man ſhall afterward find fault withall. And thus Gratianus concludeth that place; Gratian.that he ſaith, In contracting of matrimonie, the conſent of the parents is alwaies to be required.
Further, Ambroſe.Ambroſe intreating of the place in Geneſis, where it is written, that the ſeruant of Abraham came into Meſopotamia, Gen. 24, 47.and found a wife for his maſters ſonne; the parents of the maid, when they indeuoured to reteine him longer, and he would not tarrie, they called the maide, and aſked hir, whether ſhe would go with him. After this maner he ſaith (as alſo it is declared in the 23. cauſe, queſtion 2. chapter Honorandum;) They aſked not hir of the wedding, but onelie of the iornieng with him. For it perteineth not (ſaith he) to maidenlie ſhamefaſtneſſe, to chooſe vntounto hir ſelfe a huſband. And the ſame he affirmed of widows, which be yong. Although (to ſaie the truth) I cannot héerein agrée vntounto Ambroſe, that the maiden was not demanded the queſtion; whether ſhe would marrie him. Neither doo I doubt, but ſhe was demanded as touching both maters. For in the 30 cauſe, queſtion 2. chapter Vbi non est, we read, that There can be no matrimonie, where is not the conſent of thoſe, which contract: yea euen in the marriages of the children, which are but ſeuen yeares of age. And ſéeing at that age they are thought to vnderſtand ſomewhat of matrimonie, neceſſarie is the conſent of them which contract. And bicauſe there is mention made of ſpouſages, we thinke good to note this by the waie; that children ſo contracting, ought to be ſeuen yeares of age: for otherwiſe the parents can promiſe nothing for them. Thoſe children, if they afterward, being of more yeares, ſhall contract another matrimonie, the ſame is of effect, and not the [former] eſpouſals: which yet muſt be vnderſtood, if the parents conſent to the ſecond matrimonie. Moreouer, in the 31. cauſe, queſtion the ſecond, chapter Tua; Hormiſdas anſwereth, that children, when they contract after this maner, ought to ſtand to the will of their parents. And in the Extrauagants De ſponſatione impuberum, in the chapter Tua, it is ordeined, that children, when they come to ripe age, ought to obeie their parents, forſomuch as they alſo gaue their faith, and conſented.
The Councels concerning this thing.19 I thought it good alſo to bring foorth ſomwhat of the Councels. The Councell of Toledo, the fourth cauſe, queſtion 21. chapter Hoc ſanctum, decréeth; If widowes will not profeſſe chaſtitie, let them marrie to whom they will. And the ſame it decréeth of a maiden: but it addeth; So that it be not againſt the will of the parents, or hir owne. Such an addition we ſée that Nicolaus the ſecond added, as we find in the 27. cauſe, queſtion ſecond, chapter Sufficiat, where he writeth after this maner; To ioine matrimonie, the conſent of thoſe which contract is ſufficient: and it followeth, According to the lawes. Which is added, bicauſe the matrimonies of children be not acknowledged, if they be made without the conſent of the parents. Yet the gloſe referreth not thoſe words vntounto the ciuill lawes, but to the canons: bicauſe as the Canoniſts ſaie, the ciuill lawes are ſometimes corrected by the canons. But oftentimes it happeneth, that thoſe canons are in verie déed foreign, that is, Rules without rule: as in the Extrauagants, De coniugijs ſeruorum, chapter the firſt; If bond-men contract, yea againſt the will of their lords, ſuch matrimonies ſhall be ratified. Behold (ſaith the gloſe) the canons amend the ciuill lawes: A diſagreement betweene the canons and ciuill lawes touching the matrimonie of ſeruants.for in them it is forbidden, that a bond-man ſhould marrie a wife againſt the will of his lord. Yea, if a frée man hauehave verie often recourſe vntounto another mans bond-woman, he is made a bond-man. And a frée woman, if ſhe hauehave much acceſſe vntounto another mans bond-man, ſhe alſo looſeth hir fréedome. The gloſe ſaith moreouer, that more is attributed vntounto matrimonie, than vntounto holie orders; bicauſe it is not lawfull to bring a ſtrange bond-man into orders, but it is lawfull to contract matrimonie with him. Wherefore, it manifeſtlie appéereth, that the latter canons were corrupted and depraued, which tooke awaie from marriages the conſent of parents, as a thing not neceſſarie.
But now let vsus ſée what reaſons they pretend. In the Extrauagants De ſponſalibus, in the chapter Cùm locum, it is ſaid, that in contracting of matrimonie, there ought to be a full libertie. And in the ſame place, in the chapter Veniens; If anie feare happen therein, the matrimonie ſhould be void. And there is giuen a reaſon: bicauſe ſhe cannot long pleaſe him, of whom ſhe is hated; and bicauſe ſuch contracts hauehave oftentimes vnhappie ſucceſſe; and that thing is eaſilie contemned, which is not beloued. Yea it ſéemeth, that the canons hauehave ſo loued libertie in contracting of matrimonie, that the Councell of Paris (as we find in the 30. cauſe, queſtion the ſecond) decréed, that it is not lawfull to deſire a wife, by the reſcript of the king: although the ſame be alſo ordeined in the Code De nuptijs; lawe the firſt; chapter Si nuptias ex reſcripto. The reaſon is, Marriages by the letter of a king not to be liked, and why.bicauſe the reſcripts of princes are in a maner imperious commandements. Neither doo I diſallow that: although I doo not a little maruell, that the canons hauehave procéeded ſo farre, that matrimonie may be contracted betwéen him that ſtealeth awaie a maid, and hir that is ſtolen. Marriage with a ſtolen maid.In the Extrauagants De raptoribus & incendiarijs, in the chapter Cùm cauſa: A maiden that was ſtolen awaie out of the houſe of hir father, and contracted matrimonie with him that did ſteale hir; the father withſtood the marriage.
Here the good Pope anſwereth; Forſomuch as the maiden conſenteth, ſhe cannot ſéeme to be ſtolen. Wherefore, he decréed that matrimonie to be good. And in the next chapter Accedens; If anie man had ſtolen awaie a maiden, not onelie againſt the will of hir parents, but alſo againſt hir owne will (which maiden neuertheles if ſhe afterward agréed with him that ſtole hir) he decréed, that firme matrimonie might be contracted betwéene them. The ſame ſéemeth to be decréed in the 36. cauſe, queſtion the ſecond, chapter In ſumma: where is intreated of the ſtealer, and hir that is ſtolen. And it is decréed; If ſhe that is ſtolen, ſhall conſent with him that ſtealeth, matrimonie may be contracted betwéene them: but yet in ſuch ſort, that firſt they doo ſome penance. But bicauſe ſome canons doo make againſt this decrée, therefore they moderate the matter thus; That whereſoeuer they read, that matrimonie cannot be contracted betwéene ſuch perſons, that, they vnderſtand to be ſaid for ſome one of theſe thrée cauſes: either bicauſe ſhe that is ſtolen, did not conſent; or elſe, bicauſe ſhe was betrothed before to another by words (as they vſe to ſpeake it) of the preſent tenſe (for I ſaie not of the future tenſe, bicauſe the huſband was not bound to marrie one defiled;) either elſe for that ſhe was not marriable.
20 But in the Code it is far otherwiſe decréed, touching the ſtealing of virgins; namelie, that matrimonie betwéene theſe perſons may by no maner of meanes be contracted: no not although the father giuegive his conſent vntounto hir that is ſtolen. And Iuſtinian alſo in his Authentiks, collation the ninth, in the title Quae raptoribus nubunt, decréeth the ſame to the deteſtation of ſo great a crime. But our Canoniſts (forſooth) thinke matrimonies to be lawfull, euen againſt the fathers will. Wherefore in the 32. cauſe, queſtion 2. chapter Mul…er, the gloſe ſaith, that the authoritie of the father is vndoone as touching an oth and matrimonie, when ripe age commeth: which ſaieng the Schoole-men hauehave alſo followed. Of this matter they diſpute, in the fourth chapter of ſentences, diſtinction 28. where they define, that a man, euen the ſonne of the goodman of the houſe, hath a certeine dominion ouer his owne bodie: neither is ſo bound to his parents, but that he may, at his owne libertie, diſpoſe it as touching matrimonie.
And when they read in the Canons, that the conſent of the parents is required for the contracting of matrimonie, they, by their interpretation corrupt them, How the papiſts vntounto matrimonie require a conſent of parents.and ſaie; that Euariſtus Nicolaus, & Leo, when they ſo decréed, did iudge that the conſent of the parents is required touching the honeſtie of matrimonie, but not in reſpect of the neceſſitie. Which peraduenture they drew out of the gloſe in the Extrauagants De ſponſalibus impuberum, in the lawe Tua: which is after this ſort; that The good will of the parents muſt be required, yet rather for the honeſtie of marriage than for neceſſitie ſake. So that, if the parents will not aſſent; yet are the children frée, and may contract matrimonie at their owne libertie. Peter Lombard.Yea and the Maſter of ſentences, in the 28. diſtinction, ſaith, that The conſent of parents ſerueth for the comlineſſe and honeſtie of marriages, and not for neceſſitie. And he bringeth the words of Euariſtus. But he ſaith; There is a difference betwéene thoſe things, which are required to the ſubſtance of marriages, and thoſe things, which ſerue for honeſtie and comlineſſe. And the good will of the parents (as he ſaith) perteineth not to the ſubſtance of marriages. He thinketh, that without it, children may lawfullie contract. And for ſo much as he maketh matrimonie a ſacrament, he would hauehave in ſuch marriages the ſtrength of matrimonie, but not the honeſtie.
21 But bicauſe they verie much vrge the words of Euariſtus, when he writeth that marriages, contracted without the good will of the parents, are whoredoms, fornications, and adulteries. The Maſter of the ſentences anſwereth, that that is true, not bicauſe ſuch marriages be ſo indéed; but for that, they comming ſecretlie togither among themſelues, and priuilie without the parents knowledge, are woont to be counted whormongers and adulterers: but yet that the matrimonie abideth ratified, and is firme, by reaſon of the words of the preſent tenſe which were vſed therein. Alſo Thomas Aquinas, in the ſame place, Thomas Aquinas.is of the ſame mind. And vntounto that, Ephe. 6, 1.which is alledged out of Paule to the Epheſians (where he ſaith; Children obeie your parents in all things) he anſwereth, that it muſt be vnderſtood of thoſe things, wherein the children hauehave not anie libertie; namelie, as touching familiar and domeſticall things. And this reaſon he addeth: Bicauſe matrimonie is a certeine kind of ſeruitude, which the child is not compelled to take vponupon him againſt his will. And in that it is written of Abraham, Gen. 24, 3.that he ſought his ſonne a wife out of his owne kindred; he anſwereth, that the ſame happened, bicauſe he knew that land to be promiſed vntounto his poſteritie: and that God had decréed to take it awaie from the Chanaanits: ſo as he would not hauehave his ſonne to contract matrimonie with them. Theſe fellowes indéed ſpeake much, but they bring not ſo much as one word out of the holie ſcriptures. They ſtill affirme, that children ought to hauehave moſt full libertie left them as touching marriages: but that is a méere inuention of their owne, which by no means hath his foundation vponupon the word of God.
22 The ancient fathers were of our mind. The elder fathers …p… nion h…reof.But it happened of them, as of the Canons: for the more ancient they were, the better they were and the more new, the more corrupt. Tertullian.Tertullian in his ſecond booke to his wife, as touching the marriages of Chriſtians with Ethniks, writeth verie well: neither alloweth he of marriages, betwéene perſons of a contrarie religion. God (ſaith he) giueth thée to a huſband. And he addeth, Doubtleſſe vponupon the earth daughters cannot rightlie and iuſtlie marrie, without the conſent of the parents. How therefore w…lt thou marrie, without the conſent of thy heauenlie father? Chryſoſtome vponupon Geneſis, Chryſoſt.and vponupon Matthew, when he intreateth of marriages, remitteth the matter vntounto the examples of the fathers in the old teſtament. Neither is it of great neceſſitie to recite his words, when as the ſame father vponupon the firſt epiſtle to Timothie, in his 9. homilie, treateth manifeſtlie of that matter. There he exhorteth parents, bicauſe of the ſlipperie age of their children, to giuegive them in marriage: but he exhorteth not the children, that they ſhould chooſe vntounto themſelues huſbands or wiues. Yet he conuerteth his ſpéech vntounto the parents, that they ſhould prouide marriages for them. Beware of whoring before marriage.And he addeth a verie notable ſentence; If (ſaith he) they beginne to plaie the harlots before they be married, they will neuer regard their faith in matrimonie.
I will note alſo by the waie, what he writeth in that place of wedding crownes. For euen at that time, Wedding crownes vſed in marriages.they vſed crownes or garlands in weddings. What (ſaith he) ſignifieth the crowne or garland? Forſooth, that the huſband and the wife ſhould declare, that euen vntounto that time, they had conquered their luſts. If thou haſt béen an adulterer or whoormonger, how beareſt thou a crowne or garland? Auguſtine.Auguſtine in his 133. epiſtle being deſired to make a marriage betwéene a yoong man and a maid; I would doo it (ſaith he) but that the mother of the child is not preſent; and thou knoweſt, that in making of marriages, the mothers good will is neceſſarie. In this place Auguſtine writeth more ſeuerelie than the ciuill lawes: for they will not hauehave the child to be in the power of his mother. Of Ambroſe I will ſpeake nothing at this time: I ſpake enough of him before. Séeing then the lawe of God, and the lawe of nature, the lawes of cities, and the lawes of families, the fathers, and ſincere canons affirme, The conſent of parents is profitable for the children.that the conſent of the parents is neceſſarie, and the examples of the godlie declare the ſame; what ſhould let vsus to be of that mind?
Neither ought this to ſéeme gréeuous vntounto children: ſith it was by the lawes of God ſo appointed for their commoditie. For yoong perſons, in ſuch things, and ſpeciallie women, ofttimes prouide verie ill for themſelues. Wherefore, it is written in the Code De ſponſalibus; in the lawe Si pater: When the father hath betrothed his daughter, if he afterward die, the gouernour or tutor cannot vndoo the couenant of the father. And a reaſon is added; Bicauſe tutors ſomtimes are woone with monie, & women are carried to their owne diſcommodities. Alſo the example of Chriſt ought to mooue vsus, which was giuen of his father, to be the huſband of the church: Iohn. 6, 38.and he alwaies ſaid, that He did not his owne will, but the will of his father, by whom he was ſent. Further, how great a diſorder ariſeth in the Common-weale, through this corruption? How great a windowe is opened to filthie luſts? In ſome places, he that can firſt lie with a maiden, hopeth to obteine hir to wife, euen againſt hir parents good will.
An anſwer vntounto reaſons on the contrarie part.23 But now we muſt anſwer the reaſons, which the contrarie part alledge for themſelues. Firſt, as we before ſaid, they crie, that in contracting of matrimonie, there ought to be a full libertie. But (I praie you) what libertie? Of the fleſh, or of the ſpirit? Vndoubtedlie that libertie of the ſpirit is the greateſt, when we obeie the commandements of God: who, if he would hauehave vsus obedient vntounto our parents in other things, why not in contracting of matrimonie alſo? So then they breake the lawe of God, which euen in this thing obeie not the parents. Further, if they will hauehave the libertie of contracting of matrimonie; why doo they themſelues forbid ſo manie degrées of kindred? Once the Popes would not ſuffer matrimonie to be contracted, euen vntounto the ſeuenth degrée: but now they conteine themſelues within the fourth. Moreouer, why doo they forbid marriages vntounto the miniſters of the church? Againe, why did God himſelfe forbid matrimonies betwéene perſons of contrarie religion, if there ought to be ſo great a libertie in marriage as they feigne to be? But they adde; Children, for feare of their parents, will ſaie, that that matrimonie pleaſeth them, which pleaſeth them not. Neuertheles, the ſonne is not compelled ſo to ſaie: nothing letteth but that he may anſwer, that the ſame wife pleaſeth him not; and that ſuch a matrimonie will not be agréeable to his mind. And indéed vnleſſe his conſent be had, matrimonie may in no wiſe be contracted.
In the Digeſts De ritu nuptiarum, in the lawe Non cogitur, we read, that the ſonne cannot be compelled to marrie a wife. And De ſponſalibus, in the lawe Sed ea: If a daughter hold hir peace, ſhe ſéemeth to conſent vntounto the father. And there are two cauſes alledged, wherefore the daughter may gaineſaie hir father; if either the father offer hir a huſband that is wicked, or that is deformed. Otherwiſe, if none of theſe cauſes be, it is required of hir, that ſhe louelove him, whom the father hath choſen. But if ſhe will not aſſent, when the huſband is neither deformed nor euill manered, ſhe incurreth the crime of ingratitude; The puniſhment of ingratitude.which is ſo great, as the father may diſherit hir for it. And in the title De ritu nuptiarum, in the lawe Si cogente patre; Although the ſonne hauehave aſſented for feare of the father, yet bicauſe he had rather aſſent than offend the father, ſuch a matrimonie ought to be firme and ratified. VntoUnto the former cauſes I would adde a third; If the father offer a huſband, which is of a contrarie religion. And I would euer counſell the parents to doo that, which ſhould be agréeable to their children; vnleſſe they ſhould perceiue them to be verie obſtinate & vniuſt. But when the parents behaue themſelues tyrannouſlie towards their children, and force them to marrie wiues, which they cannot abide; the matter muſt be brought before the magiſtrate. A remedie againſt the harder ſort of parents.It is his part to heare the cauſe, and to deliuer the ſonne from iniurie, if he be ouer ſharpelie oppreſſed. Then, if the ſonne marrie a wife by the authoritie of the magiſtrate, The magiſtrate is the father of the countrie.although it be againſt the will of the father, it cannot ſéeme, that he hath married vtterlie without the parents conſent. For the magiſtrate is the father of the countrie.
The ſame ſéemeth to be decréed De ritu nuptiarum, in the lawe Qui liberos. And me thinketh, the Schoole-men hauehave not well ſaid, that the children of the houſhold hauehave power ouer their owne bodie; forſomuch as they owe vntounto their parents, euen for the verie being, which they hauehave. They ought not to be compelled vntounto marriages againſt their will; but that they ſhould marrie without the conſent of the parents, it cannot be allowed them. And whereas libertie is ſo manie times obtruded vntounto vsus, and the power of the bodie vaunted of; let vsus againe replie vponupon them with the anſwer of God, The daughters of Zalphead. Num. 36, 6.as touching the daughters of Zalphead, who ſaith of them: Let them hauehave heritage among their brethren, but let them marrie in their owne tribe. Theſe women are compelled to marrie the nigheſt of their kinne, neither hated they that libertie which theſe men imagine. Deut. 25, 5.And the brother ſometimes was compelled to marrie the wife of his brother being dead: neither could ſhe marrie otherwiſe. Therefore, ſo great libertie is not neceſſarie in marriages, as theſe men pretend. Parents had leaue to ſell their children.And by the ciuill lawe, ſo great is the authoritie of the father ouer his ſonne, that he may ſell him, if he fall into gréeuous neceſſitie. And leaſt it ſéeme to anie man to be a barbarous point; it is permitted by the lawe of God, Exod. 21, 7.in Exodus the 21. chapter: but yet adding certeine cautions, which I thinke not good héere to repeate. Wherefore, they did not rightlie argue; when they ſaid, that matrimonie is a kind of ſeruitude: which the ſonne ought not to take vponupon him at the appointment of his father.
24 And whereas they ſaie, that the conſent of parents is required for the honeſtie of matrimonie, and not vponupon neceſſitie; it is vaine and friuolous. For what greater neceſſitie can there be, than that, which the lawe and commandement of God dooth import? Exo. 20, 12. Ephe. 6, 1.Children are commanded to honor father and mother. Alſo Paule the apoſtle preſcribeth them to obeie their parents in all things. And the ſame thing writeth he vntounto the Philippians, verſe. 8.the fourth chapter; That which remaineth brethren, whatſoeuer things are true, whatſoeuer are honeſt, whatſoeuer iuſt, whatſoeuer pure, whatſoeuer profitable, whatſoeuer things are of good report, doo ye. By theſe words appeareth, that the things which be honeſt, muſt not be ſeparated from the cōmandements of God. So then, looke how neceſſarie it is to obey Gods cōmandements, ſo neceſſarie it is, not to marrie without the conſent of the parents. And whereas they ad, that the conſent of the parents is indéed required; but yet if they will not conſent, the matrimonie may be firme: that is nothing elſe but to deride the parents. For what reproch is it for the ſonne, ſo to deſire the conſent of his father, as though he be againſt it, and gaineſaie it; yet neuertheleſſe he will abide in his purpoſe, and go through with the ſame? It were much better not to deſire it, than to deſire it with that mind. This alſo ſéemeth a woonder to me, that the Maiſter ſo peruerteth the words of Euariſtus, that when he ſaith, that matrimonies, contracted without the conſent of the parents, are whoredoms and fornications, and not matrimonie; he dare expound, that the matter is not ſo indéed: but bicauſe they ſo come togither, as whormongers and adulterers vſe to doo. But the ſaieng of Euariſtus is manifeſt; They are not (ſaith he) matrimonies. And indéed he addeth what they are; namelie, fornications, adulteries, and whoredomes. And he ſaieth not that they ſéem to be theſe things, but that they are ſo.
25 There be others, Gen. 28, 8. The marriage of Eſauwhich obiect the booke of Geneſis, where it is written, that Eſau married the wiues of the Chanaanits, which his parents tooke in verie ill part: for he had married them contrarie to their commandement; and yet the ſcripture calleth them wiues. Wherefore it ſéemeth, that matrimonie may be contracted, euen againſt the parents will. I grant indéed, that in the holie ſcriptures they be called wiues; but yet therfore, bicauſe he ſo counted them, and bicauſe the nations, among whom they dwelt, ſo reputed them. Notwithſtanding, it is not gathered héereby, that the ſcriptures doo confirme ſuch a matrimonie. The ſame forme of ſpeaking vſed Paule in the firſt to the Corinthians, the eight chapter; Euen as there be manie gods, verſe. 5.and manie lords. He ſaith that there be manie gods: not that there are ſo indéed (for there is but one God) but bicauſe the moſt part ſo beléeued, and common perſuaſion conceiued that there was an infinite number of gods. Therefore he ſaith, Manie gods. But to vsus, which iudge aright, there is but one God, and one Lord Ieſus Chriſt. It is no vnaccuſtomed or ſtrange thing in the ſcriptures, ſo to call things, as men vſe commonlie to ſpeake: yet elſe-where, when they ſpeake properlie, they call euerie thing by his owne name. Howbeit thou wilt ſaie; We neuer read, that the children of Eſau were not legitimate. I anſwer, that Eſau had indéed a great poſteritie; but whether it were lawfull or no, the ſcripture ſheweth not. Wherevnto adde, that by thoſe nations, among whom he liued, they were counted legitimate; for thoſe had not the word of GOD, wherein it is commanded, that this ſhould not be doone: and they had woonderfullie corrupted the lawe of nature.
26 Others crie; What we are to account of marriages made without the conſent of parents.What ſhall we thinke of our forefathers? What alſo of manie, which liue at this daie, & hauehave contracted matrimonies without the conſent of their parents? Shall we call them matrimonies, or elſe adulteries? And ſhall we count their children ſo borne, for legitimate, or for baſtards? I anſwer: that when as ſuch marriages were had in that time of darkeneſſe, before the new light of the Goſpell; thoſe men in verie déed were not excuſed from ſinne (for it was not lawfull for them to be ignorant of the lawe of God:) but yet, bicauſe they were doone publikelie, and by the permiſſion of the magiſtrate; I am perſuaded, that ſuch matrimonies are firme and ratified. If they obiect, that in ſuch marriages the conſent of the parents wanted: I anſwer, that it was therein, and it was not therein. For the magiſtrates had made the ciuill lawes ſubiect to the canons: which vndoubtedlie they ought not to hauehave doone. Now in this, all men agrée. And forſomuch as the magiſtrate hath the authoritie of the people, if he conſent vntounto anie thing, there, after a ſort, is the publike conſent of the people. As at this daie in Parleaments, when they aſſemble for the paiment of ſome ſumme of monie: although ſome priuate men of the people be not contented with it; yet, bicauſe it is agréed vponupon by the magiſtrate, they alſo ſhould ſéeme to hauehave giuen their conſent.
So indéed, the father would not that the matrimonie of his ſonne ſhould be firme without his conſent. Howbeit, ſéeing he ſubmitted his will to the iudgement of the magiſtrate, he ſhould ſéeme after a ſort to hauehave giuen his conſent. But now the truth of the thing being knowne, the magiſtrate ought to reuoke the error. So as the matrimonies, which hitherto (that is, in darkneſſe) hauehave béene contracted againſt the will of the parents, ought to be firme, and the children borne of them ought to be legitimate. Neuertheleſſe, if the lawe ſhould afterward be repealed, then ſhould they be no matrimonies, but onelie preſuppoſed; and in verie déed whooredoms, fornications, and adulteries: euen as Euariſtus rightlie iudgeth. Howbeit, while the lawes, which are now in force, are not abrogated, I diſſolue not the matrimonies which in the meane time are ſo contracted. Neither doo I ſaie, that the children borne of theſe marriages are baſtards; but I declare what dooth ſéeme moſt agréeable to the word of God, and to honeſtie. But Euariſtus might iuſtlie write ſo; bicauſe in his time the Romane lawes were of force, which accounted not ſuch coniunctions to be matrimonies. Further, I adde, that fathers are not to be obeied, when they lett the marriages of their children onelie for religion ſake; bicauſe in that cauſe, God muſt be obeied in all things, who is the head father of althings. Looke the firſt to the Corinthians, the ſeuenth chapter, verſe 37.