Taken out of the Second Book entitl'd Of the Kingdom of Chrift; writt'n by MARTIN BUCER to EDWARD the Sixth, King of England. CHAP. XV. The 7th Law of the fanctifying and ordering of Marriage. That the ordering of Marriage belongs to the Civil Power. That the Popes have invaded by fraud and force the ordering of Marriage. B Sacred Efides these things, Christ our King, and his Churches require from your Majefty, that you would take upon you the just care of Marriages. For it is unspeakable how many good Confciences are hereby entangl'd, afflicted, and in danger, because there are no just Laws, no fpeedy way conftituted according to God's Word, touching this holy Society and Fountain of Mankind. For feeing Matrimony is a civil thing, Men, that they may rightly contract, inviolably keep, and not without extreme neceffity diffolve Marriage, are not only to be taught by the Doctrine and Discipline of the Church, but also are to be acquitted, aided, and compell'd by Laws and Judicature of the Common-wealth. Which thing pious Emperours acknowledging, and therin framing themselves to the Law of Nations, gave Laws both of contracting and preserving, and also where an unhappy need requir'd, of divorcing Marriages. As may be seen in the Code of Juftinian, the 5th Book, from the beginning through 24 Titles. And in the Authentic of Juftinian the 22d, and fome others. But the Antichrifts of Rome, to get the Imperial Power into thir own hands, firft by fraudulent persuasion, afterwards by force drew to themselves the whole autority of determining and judging as well in matrimonial caufes, as in most other matters. Therfore it hath bin long believ'd, that the care and government therof doth not belong to the Civil Magiftrate. Yet where the Gospel of Chrift is receiv'd, the Laws of Antichrift should be rejected. If therfore Kings and Governours take not this care, by the power of Law and Justice to provide that Marriages be piously contracted, religiously kept, and lawfully diffolv'd, if need require, who fees not what confufion and trouble is brought upon this holy Society; and what a rack is prepar'd, ev'n for many of the best Consciences, while they have no certain Laws to follow, no Juftice to implore, if any intolerable thing happen. And how much it concerns the honour and safety of the Common-wealth, that Marriages, according to the Will of Chrift, be made, maintain❜d, and not without just cause diffolv'd, who understands not? For unless that first and holiest Society of Man and Woman be purely conftituted, that houshold Discipline may be upheld by them according to God's Law, how can we expect a Race of good Men? Let your Majesty therfore know that this is your duty, and in the first place, to reaffume to your self the just ordering of Matrimony, and by firm Laws to establish and defend the Reli gion of this first and divine Society among Men, as all wife Law-givers of old, and Christian Emperours have carefully done. The two next Chapters, because they chiefly treat about the Degrees of Confanguinity and Affinity, I omit; only fetting down a paffage or two concerning the Judicial Laws of Mofes, how fit they be for Chriftians to imitate rather then any other. I CHAP. XVII. toward the end. Confefs that we being free in Chrift, are not bound to the Civil Laws of Mofes in every circumstance; yet seeing no Laws can be more honest, juft, and wholfom, then those which God himself gave, who is eternal Wisdom and Goodnefs, I fee not why Christians, in things which no less appertain to them, ought not to follow the Laws of God, rather then of any Men. We are not to use Circumcifion, Sacrifice, and those bodily Washings prefcrib'd to the Jews; yet by these things we may rightly learn, with what purity and devotion both Baptifm and the Lord's Supper fhould be adminifter'd and receiv'd. How much more is it our duty to observe diligently what the Lord hath commanded, and taught by the Examples of his People concerning Marriage, wherof we have the ufe no less then they? And because this fame worthy Author hath another paffage to this purpofe in his Comment upon Matthew, Chap. 5. 19. I here infert it from p. 46. Since we have need of Civil Laws and the power of punishing, it will be wifeft not to contemn those giv'n by Mofes; but seriously rather to confider what the meaning of God was in them, what he chiefly requir'd, and how much it might be to the good of every Nation, if they would borrow thence thir manner of governing the Common-wealth; yet freely all things and with the Spirit of Chrift. For what Solon, or Plato, or Ariftotle, what Lawyers or Casars could make better Laws then God? And it is no light argument, that many Magistrates at this day do not enough acknowledg the Kingdom of Christ, though they would seem most Christian, in that they govern their States by Laws fo divers from those of Moses. The 18th Chapter I only mention as determining a thing not here in question, that Marriage without confent of Parents ought not to be held good; yet with this qualification fit to be known. That if Parents admit not the honeft defires of thir Children, but shall perfift to abuse the power they have over them; they are to be mollifi'd by Admonitions, Entreaties, and Perfuafions, first of their Friends and Kindred, next of the ChurchElders. Whom if ftill the hard Parents refuse to hear, then ought the Magiftrate to interpofe his Power left any by the evil mind of thir Parents be detain'd from Marriage longer then is meet, or forc'd to an unworthy match: in which cafe the Roman Laws also provided. C. de nupt. l. 11, 13, 26. . CHAP. XIX. Whether it may be permitted to revoke the Promife of Marriage. HE Ere arifeth another Question concerning Contracts, when they ought to be unchangeable? for religious Emperours decreed that the Contract was not indiffoluble, until the Spouse were brought home, and the Solemnities perform'd. They thought it a thing unworthy of divine and human Equity, and the due confideration of man's infirmity in deliberating and determining, when fspace is giv'n to renounce other contracts of much lefs moment, which are not yet confirm'd before the Magistrate, to deny that to the most weighty contract of Marriage, which requires the greatest care and confultation. Yet left fuch a Covenant should be brok'n for no just cause, and to the injury of that perfon to whom Marriage was promis'd, they decreed a Fine, that he who deni'd Marriage to whom he had promis'd, and for fome caufe not approv'd by the Judges, fhould pay the double of that pledg which was giv'n at making fure, or as much as the Judg fhould pronounce might fatisfie the damage, or the hinderance of either party. It being moft certain, that oft-times after contract, just and honeft causes of departing from promife, come to be known and found out, it cannot be other then the duty of pious Princes to give men the fame liberty of unpromifing in thefe cafes, as pious Emperours granted: efpecially where there is only a promise, and not carnal knowledg. And as there is no true Marriage between them, who agree not in true consent of mind; fo it will be the part of godly Magiftrates to procure that no Matrimony be among thir Subjects, but what is knit with love and confent. And though your Majesty be not bound to the Imperial Laws, yet it is the duty of a Chriftian King to embrace and follow whatever he knows to be any-where piously and justly constituted, and to be honest, juft, and well-pleafing to his People. But why in God's Law and the Examples of his Saints, nothing hereof is read? no marvel, feeing his antient People had power, yea a precept, that whofo could not bend his mind to the true love of his Wife, |
