Concerning Unequal Marriage, Treatise
A Religious Scrutiny, Or an important, expedient QVESTION To be represented to the GENERAL ASSEMBLY Of the Kirk of SCOTLAND;
Touching the unlawfulness and nullity of some kinde of unequal Marriage, As a Consectary to the late Necessary and Seasonable Testimony, against Toleration, in reference to Religion: From the Commissioners of the Kirk.
The Preamble to the Question.
IT is most humbly and sincerely desired, That the Reverend, and godly-wise Pastors, and Elders of Scotland, conveening in the General Assembly of the Kirk, may be pleased to take into their grave and mature deliberations, the ensuing Question of grand importance and expediency. They are earnestly and religiously solicited hereunto the rather, sith a satisfying Resolution of the case in hand, may argue; not onelyonly their unfeigned and impartial zeal against Toleration, in reference to Religion, (which the necessary and seasonable Testimony from their Commissioners of the Kirk, with their Admonition and Exhortation unto their Brethren in England; together also with the Concurrence of the Estates in Parliament, allowing, and attesting the same; and a Letter likewise from the said Commissioners, to the Ministers of London Province, dated at Edinburg, Ian. 18. 1649. do fairly and learnedly pretend unto, and in the judgment of Christian charity, do piously contend for, according to the Scriptures,) but also may tend to instruct and establish pure mindes, studious of truth and p…, in this conjuncture of cloudy and scrupulous emergencies, occasioned by the extraordinary overtures and mysterious transactions of the Parliaments, and Souldieries in England and Scotland; even in the one Nation, as well as in the other, both in the State and Church affairs. But let the Answer be ingenuous, punctual, solid, plain, and cleer, grounded on the holy and good Word of the eternal God; and let it be truly weighed in the balances of the Sanctnary, which deceive not, nor can be deceived. For so it becometh the truth which is after godliness.
This is brotherly and modestly requested by an English Minister of the Gospel, in his measure zealously affected to the honor of the true God, and sincerely loving to his most endeared native Country, and a hearty wel-wisher of the best good unto theirs; who hath now about the space of fourty yeers served God with his Spirit in the Gospel, preaching the Word in season, and out of season; reproving, rebuking, and exhorting, with all long-suffering and doctrine (save in some intervals, when a first, second, and third time hindered, and restrained by Prelatical suspension, and Tycannical persecution for the Testimony of Jesus Christ, and thereby necessitated to keep silence, till the indignation was overpast;) and who still aged, endevoreth diligently and industriously, according to his capacity, ability, and opportunity; the propagating of the Gospel, and Kingdom of Christ, the utter extirpation and subversion of Popery, Prelacy, Superstition, Heresie, Schism, and Prophaneness, and the establishment of the Ministry and Discipline of Christ in Presbyteries and Synods in all Churches, joying greatly, in beholding such order, and contributing prayers, That notorious Delinquents may in a due way, be censured and proceeded against, according as the nature and degree of their offence may require, in doing justice and judgment upon them; that so the Lords people may not be left to oppressors, whose designes and machinations do portend to make voyd God his holy, just, and good Laws, and Ordinances.
The Question.
WHether the marriages of men, professing the true Religion of God, according to the Faith of Gods elect, and acknowledging the Truth, which is after godliness; contracted and made with the idolatrous daughters of a strange god, and through strong delusion, beleeving a lye, after the working of Satan, in all deceiveableness of unrighteousness; ought not in a due way to be separated, and made voyd, as being a nullity (de jure) from the first? And whether the children born of them in their pretended conjugal Society, ought not to be separated, and cast out from patrimonial Inheriting? And consequently, whether the marriages of Protestants of the true Christian Religion, made with Papists of the Antichristian, false Religion; ought not to be separated? And whether the children born of them, ought not to be cast out from inheriting in Christian Nations of the Reformed true Religion?
The state of the Question discussed and ventilated, in the consideration of certain Observations, Cases, and Restrictions; for anticipating misprision, and futile prevarication.
I. THe subject of the Question is taken for granted, viz. There is a lawfulness and requisitness, of separating and making voyd, the marriages of some persons unlawfully contracted at the first; and there is a lawfulness of the casting out the children, born of them. The Word of God giveth very evident testimony hereunto, holding forth a most direct and undeniable president, beyond all exception, as being practicable according to Law, in the case of divers of the people of Israel, returned from the Babylonish captivity, who had transgressed abominably in making mixt marriages; and who therefore as the case required, did institute Reformation, and accordingly did reform. This appeareth Ezra 9. & 10. throughout, and more particularly Chap. 10. 3, 16. Hereunto also the Apostolical allusion, in the business in hand, doth notably serve for illustration. See Gal. 4. 30. Cast out the bondwoman and her son, &c. Such was the known famous case (in some sort infamous) of King Henry the eighth of England, who in an Oration to his Subjects, gave them to understand, That the Lady Mary his daughter, was not reputed his lawful daughter, nor his Queen Katherine, her mother, his lawful wife, but their pretended conjugal society had been most detestable adultery, as he had been informed by divers learned Clerks: Whereupon afterwards, the marriage was declared, and made voyd. See 2. Vol. of the Book of Martyrs, pag. 327. Edit. 1641. Thus it is manifest, that some pretended conjugal society, and fruit of it, may be separated and cast out.
II. It is to be observed, that the God of Heaven, and Earth, doth really distinguish, and put difference, betwixt person and person; and requireth likewise, that his people should do so too in their walking and conversing with humane society, according to occasion, in such Scriptural notions and expressions, as following are specified and instanced for better discerning herein, viz.
1. The seed of the woman, and the seed of the Serpent, Gen. 3. 15.
2. The sons of God, and the daughters of men, Gen. 6. 2, 4.
3. Noah his family, and the old world of the ungodly, 2 Pet. 2. 5.
4. The tents of Shem, Canaan his servant, Gen. 9. 27.
5. Circumcised persons, and uncircumcised ones, Gen. 17. 13, 14.
6. Children of the free-woman, and of the bond-woman, Gal. 4. 31.
7. Israelites, and Gentiles, Exod. 19. 5, 6.
8. Precious ones, and vile persons, Jere. 15. 19.
9. Jews, and adversaries of Judah, Ezra 4. 1, 2, 3.
10. Righteous, and the wicked, Mal. 3. 18.
11. Children of God, and children of the devil, 1 John 3 10.
12. Regenerate, and unregenerate, John 3. 3, &c.
13. Spiritual man, and natural man, 1 Cor. 2. 14, 15.
14. Beleevers, and unbeleevers, 2 Cor. 6. 14.
15. Christians, and Antichrists, Acts 11. 26. 1 John 2. 18.
16. Within the Church, and without, 1 Cor. 5. 12. Acts 2. 47.
17. One inwardly in the heart, and one outwardly, Rom. 2. 28, 29.
18. Quickned, and dead, Ephes. 2. 5.
19. Children of the light or day, and of darkness, or the night, 1 Thes. 5. 5.
20. Baptized, and unbaptized, Luke 3. 7. and 7. 30, &c.
Hence it may be discerned, how marriages may be made in the Lord.
III. The Question is not propounded, touching a separating of the marriages of such persons who were married, when both of them were idolatrous, but after the marriage, one of them through the dispensation of the Gospel, becometh a convert to the true Religion: Neither is it touching the casting out of their children, sith such their condition, and such state of their children likewise, is cleerly and punctually spoken unto, and determined by the Apostle Paul, in the case of desertion, or non-desertion, according as occasion may offer. See 1 Cor. 7. 10, 11, 12, 13, 14, 15, 16. The case of Galeacius Caracciolus, Marquess of Vico, declared in his life, translated into English, by W. Cr. cap. 25. is a singular instance in the specified occasion.
IV. Neither is the Question about the abrogating of the marriage of such a professor of the true Religion, who in a due way, doth espouse himself unto such a woman, whose parents and progenitors are grosly idolatrous, and she her self was lately such, but she is now converted, and embraceth the true Religion, before the marriage be made: For there are approved presidents in the Word of God, of the lawfulness of such their matrimony. See Ruth 4. 13. compare chap. 1. 16. 1 Kings 1. 3. compare Psal. 45. 13.
V. Nor yet the Question is not instituted with a partial respect and exception of some sorts of persons, but it equally and indifferently concerneth any sort and degree of persons whomsoever, whether Civil or Ecclesiastical, Supreme or Inferior, Rich or Poor, &c. Sith by occasion there is a possibility, that any sorts and degrees of persons may be tempted, and fall into one miscarriage, as well as another as is implyed, Gal. 6. 1. Yea, and the Scripture instanceth the transgressions in such kinde, even of Kings, Princes, Rulers, Priests, Levites, and People. See Nehe. 13. 26. Ezra 9. 1, 2. The Scripture giveth instance likewise, of course held for redress, see Ezra 10. Nehe. 13.
VI. Moreover, the Question is not, whether the professors of the true Religion, having transgressed by making mixt marriages, may, or ought, at their own pleasure, put away their wives, by their own and sole authority; and so likewise, cast out their children: Sith such procedure, it may seem, if admited of, ought to be by the decision and order of such, as have calling and authority thereunto. As it may appear, Ezra 10. 2, 3, 4. Nehe. 13. 23, 24, 25.
VII. Likewise, the Question is not touching a making voyd the marriages of the professors of the true Religion, who are married to professors of the said true Religion for the substance of it, but some difference is in some circumstantial matters, and superstructive opinions, which do not destroy the foundation and principles of the true Religion. Sith such condition of difference in judgment, about lesser matters in Religion, may be incident unto some members of the true Churches of Christ. See 1 Cor. 3. 3, 4, 12. Phil. 3. 13.
VIII. Neither is the Question concerning professors of the true Religion, who are charitably and probably reputed to be truely religious, having the Spirit of power, and of love, and of a sound minde; but their yoke-fellows professing outwardly onelyonly, and having a form of godliness, but deny the power of it; professing indeed, that they know God, but in their works deny him; whether these should be separated, and their children cast out? Sith profession denominateth the Religion. Howbeit, Note.in the seventh and eighth Cases, special and uttermost faithful endevor, ought to be used by persons of good knowledg, to free their yokefellows from the entanglement of erroneous opinions, and unchristian conversation, and to establish them in the truth; if so, they may yet be brought to approve themselves, as becometh the Gospel of Christ; and if God through their due way of instructing them with meekness, may peradventure grant them repentance unto life, and unto the acknowledging of the truth, see 2 Tim. 2. 25, 26. Whereas on the other hand in this case, God hateth putting away, (as being a trecherous dealing against ones companion, and wife of his Covenant, see Mal. 2. 14 15, 16.) save in the case of whoredom alone; for in such case it is lawful to procure a Bill of divorcement for the putting away of the wife, notwithstanding the marriage was lawfully made and continued, until such occasion, see Matth. 19. 9.
IX. And lastly, the Question is not whether in all ages and times recorded in the Scriptures, the Rulers commissioned to execute justice and judgment on notorious offendors; have fully approved their integrity and faithfulness, in acting in the specified case as had been meet. 1. Forasmuch as the sacred Records in matters of fact, are many times silent, lest they should be too voluminous, and because also that which is recorded is enough for the guiding of beleevers in steering of their course, see John 21. 25. and Chap. 20. 30, 31. 2. And forasmuch as sometimes the Rulers, who ought to have been vigorously active against miscarriage of any herein, have been themselves delinquent, and so the edg of Iustice hath been thereby blunted; see Solomon, Nehe 13. 26. Iehoram, 2 Chron. 21. 6. 3. Yea, and forasmuch as pious and reforming Princes, have yet some of them been too remiss in zealous executing according to Law, as they ought to have done, even as the Scripture sheweth in the example of gracious and worthy Iehoshaphat, 2 Chron. 20. 33. and of the zealous and constantly upright-hearted King Asa, 2 Chron. 15. 17. In their not taking away of the high places. It is the Annotation in the Margent (of the Bible, Printed at Edinburg, by Andrew Hart, 1610. much approved in Note.Scotland) on 2 Chro. 15. 16. touching King Asa his deposing his mother Maachah from her regency, because she had made an Idol in a Grove. That therein he shewed he lacked zeal, for she ought to have died, both by the Covenant, as vers. 13. and by the Law of God; but he gave place to foolish pity, and would seem also after a sort to satisfie the Law. Concerning the which Annotation, the propounder of this Question, heard it reported about fourty yeers agone from authentick witnesses, that King Iames was so offended thereat, that he for that Note sake, would not permit thenceforth any Bibles in English to be Reprinted with any Annotations whatsoever, neither of the new Translation, nor of the former old Translations. Which by the way, may advertise the learned and forward attesting Brethren of the Ministery, both in Scotland, and in London, and some other Provinces of the English Nation, that it need not seem strange, if there be a paucity of presidents in the Scriptures, or modern Protestant writings, about penal executions on superlative persons, especially as matters have stood under Monarchy: When yet notwithstanding, there is sure and sufficient rule and example in the Word of God, either directly expressed, or by just consequence to be deduced from the latitude of Commandments, and Scripture Historical, which may satisfie Conscience, and also oblige and encourage unto the due execution of Iustice: so that the Question is as it is stated, Whether commissioned Rulers, supreme or subordinate, ought not formerly, and consequently, Whether they ought not still, even in these Gospel-days, according to occasion, see to legal execution in the matter in hand, or any other?
Motives inducing unto the representing of the Question, arguing the importance and expediency of it.
I. TExts of Scripture expresly.
1. Requiring and commanding professors of the true Religion, that when they shall make use of their liberty or necessity to marry, to be sure that they do marry onelyonly in the Lord, see 1 Cor. 7. 39.
2. Prohibiting and forbidding people in Covenant with God, to make any marriages with daughters who are strangers to the Covenant of God, see Deut. 7. 3. 2 Cor. 6. 14.
3. Complaining of, convincing, and reprehending such mixture in marriages, see Ezra 9. 2. Nehe. 13. 23, 24, 25, 28, Mal. 2. 11.
4. Threatning, and denouncing punishment to be executed in such case of unlawful marriages, whoever the offenders are, see Mal. 2. 12.
5. Informing of the approved course of faithful and religious Rulers, in the separating and putting away such idolatrous wives, and such as were born of them, to be done according to the Law, see Ezra 10. 2, 3, &c.
6. Declaring and shewing Gods proceedings in judgment against the old world, by the deluge for sin in this kinde, see Gen. 6. 2, 3, &c.
II. Divine forceable Reasons made use of in the holy Scriptures, against such mixt prophane marriages, taken from the
1. Inequality of their being yoked together in conjugal society, see 2 Cor. 6. 14, 15, 16. compared with Deut. 22. 10.
2. Extream danger of the not attaining of an holy seed in mixt marriage, which yet ought to be seriously looked after, as that which God seeketh and mindeth, see Mal. 2. 15. But in all appearance, is likely to be frustrated hereby, see Ezra 9. 2. Nehe. 13. 23, 24. Inasmuch as children are most apt to be swayed according to their mothers principles, see 2 Chron. 22. 3, 4.
3. Dangerous ensnaring the husbands, in the sin of the Wives, foreseen and warned against, by the Lord himself, see Deut. 7. 4. and envinced by woful event, see 1 King. 11. 1, 2 4. Nehem. 13. 26. whence also ensueth, an hinderance or disturbance of religious family duties of prayer, 1 Pet. 3. 7. and consequently a drawing down the wrath of God on them, Jerem. 10. 25.
III. Evident testimonies of ancient and modern Theologues, in their approved Orthodox writings, occasionally treating hereabouts. viz.
1. Old Tertullian, one of the most learned Latine Fathers, (in whose writings, Cyprian the Father, and Martyr delighted to exercise himself every day) Lib. 2. ad uxor. cap. 3. He asserteth, That beleevers marrying with Gentiles or Pagans, are guilty of whoredom, and that they ought not to be communicated withal. This Book of his is approved by Abr. Scultetus, who was an eminent professor at Heydelburg, in his Medul. Patr.
2. Peter Martyr, a most pious, learned, and much renowned professor, heretofore at Oxford, and elsewhere, in the reign of King Edward the sixth, and very much endeared to most Orthodox Protestants of the Reformed Religion, in his Commentar. on 1 King. 3. 1. disputing De dispari conjugio, propoundeth sundry Arguments against mixt marriages, quoteth some of the Fathers, as being of his minde, even Ierome, Augustine, &c. and answereth sundry Objections; yea, and albeit he hath somewhat in the close of his discourse to allay extream severity, yet it may appear, (the Question being rightly stated) that none of his allayes do infringe the Arguments.
3. That famous and worthy Minister of Christ in the University of Cambridg, Master William Perkins, in his Warning against the Idolatry of the last times, asserteth, That the marriages of the Israelites, with Idolaters, mentioned Ezra 10. 3. were indeed voyd, and no marriages. He alleageth two Reasons thereof, the latter whereof is, In that they were not onelyonly idolaters, but also inticers to idolatry. God by express Commandment, did simply forbid the Jews to marry with them, unless they did repent and change their Religion. And in regard of this Commandment, the foresaid marriages were nullities, as incestuous marriages are no marriages, by reason of the absolute, prohibition of God. Thus Master Perkins in his Warning against the Idolatry of these last times, meaning the idolatry of Popery, as the scope of his Treatise importeth, vide Vol. 1. pag. 677, 678.
4. The judgment of some sound and much honored English Ministers of the Gospel, (most of which, are now asleep in the Lord, yet a few still alive) who conferring and humbling themselves frequently in private, at such times as overtures were with Spain, and shortly after with France, about King Charls his mixt marriage. The Questionist demanded the same he now represents to Disquisition, and the most and best approved for their learning and piety, inclined to the affirmative.
5. The Solemn League and Covenant, 1643. engaging unto an extirpation of Popery, in the second Article: For the course insisted on, in the Qnestion, seemeth to have an effectual tendency, to the keeping of the said Covenant in that Article of it.
6. The Commissioners of the General Assembly of the Kirk in Scotland, in the Necessary and Seasonable Testimony against Toleration, approved by the Estates of present Parliament; who amongst other Texts of Scripture, alleaged by them, against Toleration have these words, Pag. 5. The children of Israel after their return from Babylon, made a Covenant, and entered into a Curse, and into an Oath, to walk in Gods Law, and to observe, and do all the Commandments of the Lord their God, Nehem. 10. 28, 29, 30. Let this Text alleaged, be compared with Ezra 10. 2, 3, 5. And the Reader is desired to take the Bible, and to turn to, and observe the Texts cited, which undoubtedly must needs affect greatly; and the rather, sith cited by such interested persons, and to such purpose.
IV. The same Texts of Scripture, and Scriptural Reasons, which do make against the marriages of the people of God, with the daughters of a strange god, and all that are born of them, do seem also by necessary consequence, to conclude against the marriages of Protestants with Papists, and all that are born of them. viz. Because
1. Popery is the Religion of the Roman Antichrist; who is the man of sin, the son of perdition; who opposeth and exalteth himself, above all that is called God, or that is worshipped: So that … as God, sitteth in the Temple of God, shewing himself that he is God, see 2 Thes. 2. 3, 4. And who is the king of the Locusts, as singularly described, Apocal. 9. 3, 5, 7, 8, 9, 10, 11. Yea, who is the whore of Babylon, on whose forehead was a name written, Mystery, Babylon, The Great, The Mother of Harlots, And Abominations of the Earth, see Apocal. 17. 5.
2. The Antichristian Religion was inspired and promoted by Satan, with all power, and signes, and lying wonders; and with all deceiveableness of unrighteousness, in them that perish, through divine effectual permission, see 2 Thes. 2. 9, 10, 11, 12. Even as the Heathenish idolatry is devilish, and is therefore in no wise to be communicated with, see Deut. 32. 17. 2 Chro. 11. 15. compared with 1 Cor. 10. 20, 21.
3. There are the same, or the like sacred precepts, requiring to come out, and separate from the Antichristian Religion, and to have no communion therewith, lest uttermost peril do overtake, see Apocal. 18. 4. as are for the relinquishing of Pagan Idolatry, see 2 Cor. 6. 17. Isaiah 52. 11.
4. The idolatries of the Papists, being compared with the idolatries of the Heathen; they are every jot as gross and vile, if not more, as are the Heathenish; yea, they are indeed so odious, as is not meet to be once named amongst Saints, further then just cause requireth. See by way of allusion, the Psalmists expression. Psal. 16. 4.
V. Magistrates in new Testament times, ought to hold course against sinful evil, in any kinde committed, as well as they did in old Testament times, see Rom. 13. 3, 4. To this end, let it be well weighed (and application be made accordingly) what is asserted by the Commissioners of the General Assembly, in the Testimony against Toleration, pag. 6, 7. in these words, For it cannot be shewn, that any part of that power, which Magistrates had under the old Testament, is repealed under the new: Neither can any convincing Reason be brought, why it should be of narrower extent now, nor then. May it not seem hence, That the Estates, and Ministers, and Elders of Scotland are of one minde, That Popish wives ought to be separated, and their children ought to be removed from patrimonial inheriting in a Christian reformed Nation?
VI. And who knoweth, but that as the Question agitated, and resolved in King Henry the eighth his case, touching the unlawfulness of his incestuous marriage with Queen Katherine, portending extream prejudice to the Kingdom, in such spurious succession, as might be by the Lady Mary; as appeareth in the History above cited, Acts & Mon. Tom. 2. p. 326, 327, &c. (and as indeed most wofully ensued afterwards in the Marian days) yet tended through divine providence, unto a making way for true Reformed Religion, in some degree, by his marrying with Anne Bullen, mother to Queen Elizabeth. So it may please God, that the Question represented, touching the marriages of Protestants with Papists, and touching their children, if it shall be duely discussed, it may become remarkably occasional unto a safe and wel-grounded establishment of Peace, with Holiness, even throughout England, Ireland, and Scotland too. The premises being rightly observed, according to the Question, as it hath been stated and grounded, seeming to be for the affirmative.
Epilogue.
NOw then, forasmuch as the Question hath been fairly, plainly, submisly, and Christianly represented to the General Assembly, conveening to discuss and determine arising Questions that are of notable and high concernment: Their grave wisdoms are once again beseeched to confider of it, To speak their mindes to take advice, and give counsel. They shall have joy by the Answer of their mouths, soundly and impartially uttered; And a word spoken in its season how good is it! And let the Lord (whose the preparations of the heart, and answer of the tongue are, Prov. 16. 1.) be graciously present, and propitious in giving understanding in all things.
Amen, Amen.