XIII. Of Marriage.

Because marriage, the blessed ordinance of God, hath partly been contemned in this cursed Papistry; and partly hath been so infirmed, that the persons conjoined could never be assured of continuance, if the Bishops and Prelates should list to dissolve the same; we have thought good to show our judgments how such confusion in times coming may be best avoided.

First, public inhibition must be made that no persons under the power and obedience of others, such as sons and daughters and these that be under curators, neither men nor women, contract marriage privily and without knowledge of their parents, tutors, or curators, under whose power they are for the time. If they do this, the censure and discipline of the Church shall proceed against them. If the parties have their hearts touched with desire of marriage, they are bound to give honour to the parents and open unto them their affection, asking of them counsel and assistance, as to how that motion, which they judge to be of God, may be performed. If father, friend, or master gainstand their request, and have no other cause than the common sort of men have (to wit, lack of goods, or because they are not so high-born as they require); yet must not the parties whose hearts are touched make any covenant until farther declaration be made unto the Church of God. And, therefore, after they have opened their minds to their parents, or such others as have charge over them, they must declare it also to the ministry or to the Civil Magistrate, requiring them to travail with their parents for their consent, which to do they are bound. If they, to wit, the Magistrate or ministers, find no just cause why the marriage required may not be fulfilled, then, after sufficient admonition to the father, friend, master, or superior, that none of them resist the work of God, the ministry or Magistrate may enter into the place of the parent and, by consenting to their just requests, may admit412 them to marriage; for the work of God ought not to be hindered by the corrupt affections of worldly men. We call it the work of God when two hearts, without filthiness before committed, are so joined, that both require and are content to live together in the holy bond of matrimony.

If any man commit fornication with the woman whom he required in marriage, then do both lose this foresaid benefit as well of the Church as of the Magistrate; for neither ought to be intercessors or advocates for filthy fornicators. But the father, or nearest friend whose daughter, being a virgin, is deflowered, hath power by the law of God to compel the man that did that injury to marry his daughter; or, if the father will not accept him by reason of his offence, then may he require the dot²⁶⁹²⁶⁹Dowry. of his daughter. If the offender be not able to pay this, then ought the Civil Magistrate to punish his body by some other punishment.

Because fornication, whoredom, and adultery are sins most common in this realm, we require of your honours, in the name of the Eternal God, that severe punishment, according as God hath commanded, be executed against such wicked offenders; for we doubt not but that such enormous crimes, openly committed, provoke the wrath of God, as the Apostle speaketh, not only upon the offenders, but also upon the places where, without punishment, they are committed.

To return to our former purpose: Marriage ought not to be contracted amongst persons that have no election for lack of understanding; and therefore we affirm that bairns and infants cannot lawfully be married in their minor age, to wit, the man within fourteen years of age, and the woman within twelve years, at the least. If it chance that any have been so married and have kept their bodies always separate, we cannot judge them bound to adhere as man and wife, by reason of a promise which in God's presence was no promise at all. But if, in the years of judgment, they have embraced the one the other, then, by reason of their last consent, they have ratified that which others did promise for them in their youth.

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In a Reformed Church, marriage ought not to be secretly used, but in open face and public audience of the Church. For avoidance of dangers, it is expedient that the banns be publicly proclaimed on three Sundays, unless the persons be so known that no suspicion of danger may arise, when the banns may be shortened at the discretion of the ministry. But in nowise can we admit marriage to be used secretly, however honourable the persons be. The Sunday before sermon we think most convenient for marriage, and that it be used on no other day, without the consent of the whole ministry.

Unless adultery be committed, marriage, once lawfully contracted, may not be dissolved at man's pleasure, as our master Christ Jesus doth witness. If adultery be sufficiently proven in presence of the Civil Magistrate, the innocent, upon request, ought to be pronounced free, and the offender ought to suffer death, as God hath commanded. If the civil sword foolishly spare the life of the offender, yet may not the Church be negligent in their office. This is to excommunicate the wicked, to repute them as dead members, and to pronounce the innocent party to be at freedom, be the offender never so honourable before the world. If the life be spared to the offenders, as it ought not to be, if the fruits of repentance of long time appear in them, and if they earnestly desire to be reconciled with the Church, we judge that they may be received to participation of the Sacraments, and of the other benefits of the Church, for we would not that the Church should hold those excommunicate whom God has absolved, that is, the penitent.

If any demand whether the offender, after reconciliation with the Church, may marry again, we answer, that, if they cannot live continent, and if the necessity be such as that they fear farther offence of God, we cannot forbid them to use the remedy ordained of God. If the party offended may be reconciled to the offender, then we judge that in nowise it shall be lawful to the offender to marry any other than the party that hath been offended. The solemnization of the latter marriage must be in the open face of the Church, like the former, but without proclamation of banns.

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This we do offer as the best counsel that God giveth unto us in so doubtsome a case. But the most perfect reformation were, if your honours would give to God His honour and glory, that ye would prefer His express commandment to your own corrupt judgments, especially in punishing of those crimes which He commandeth to be punished with death. For so should ye declare yourselves God's true and obedient officers, and your commonwealth should be rid of innumerable troubles.

We mean not that sins committed in our former blindness, and almost buried in oblivion, shall be called again to examination and judgment. But we require that the law may now and hereafter be so established and executed that this ungodly impunity of sin have no place within this realm. For, in the fear of God, we signify unto your honours that whosoever persuadeth you that ye may pardon where God commandeth death deceiveth your souls, and provoketh you to offend God's Majesty.