A17412:650
Sermons upon the ten first verses of the third chapter of the first Epistle of S. Peter Being the last that were preached by the late faithful and painful minister of Gods word, Nicolas Byfield. Wherein method, sense, doctrine, and use, is, with great variety of matter, profitably handled; and sundry heads of divinity largely discussed. Published since the authors death by William Gouge.
London: printed by H. Lownes for George Latham, 1626
Modern spelling is a reading aid: the words are the author’s, only the spelling is modernized. Original shows the page as printed, with the transcription marks.
For the third, viz. the case of Nullities, we must understand, in divers cases, though the man have bound himself by the contract, or consummation of marriage, to the woman, yet he must not dwell with her, because such contracts and marriages are mere Nullities in the sight of God, and of no force.
For the third, viz. the case of Nullities, we must understand, in divers cases, though the man have bound himselfe by the contract, or consummation of marriage, to the woman, yet he must not dwell with her, because such contracts and marriages are meere Nullities in the sight of God, and of no force.
11 If he marry her that is divorced for any other cause than fornication. Matth. 19.9.
11 If hee marry her that is divorced for any other cause than fornication. Matth. 19.9.
2 If the marriage be incestuous, that is, within any of the degrees prohibited in the law of God. see Levit. 18. Which laws were not ceremonial or political, but moral and natural: which may appear, as by other reasons, so by this one; God saith he did destroy the Nations for such incestuous Matches, Levit. 18.24. Now God could not punish the Nations for breaking a law was never given them. The ceremonial and political laws were given to the Jews, and not to the Gentiles: thus it was not lawful for Herod to have his brothers wife; nor must the Corinthian that married his fathers wife, be suffered to dwell with her. 1. Cor. 5.
2 If the marriage be incestious, that is, within any of the degrees prohibited in the law of God. see Levit. 18. Which lawes were not ceremoniall or politicall, but morall and naturall: which may appeare, as by other reasons, so by this one; God saith hee did destroy the Nations for such incestious Matches, Levit. 18.24. Now God could not punish the Nations for breaking a law was never given them. The ceremoniall and politicall lawes were given to the Iewes, and not to the Gentiles: thus it was not lawfull for Herod to have his brothers wife; nor must the Corinthian that married his fathers wife, be suffered to dwell with her. 1. Cor. 5.
3 Divines generally agree, that if there be a precontract with another person in verbis de presenti, in the words of the present time, made with consent of parents, &c. then the marriage after with another is a mere Nullity, and such dwelling together is whoredom. Zanchius brings reasons for this from the law of God, and Nature, and civill and common laws.
3 Divines generally agree, that if there be a precontract with another person in verbis de presenti, in the words of the present time, made with consent of parents, &c. then the marriage after with another is a meer Nullitie, and such dwelling together is whoredome. Zanchius brings reasons for this from the law of God, and Nature, and civill and common lawes.
4 If a marriage be made without the free consent of the parties, or in cases where they are not able to give a free consent: as in the marriage with children under age, or with mad men, or persons that are drunk when they give consent, and do disclaim it when they are sober. These are Nullities in ⟨p. 117⟩the common opinion of Divines of all sorts: and the reason is, Because the consent of parties is essentially requisite to such a bond.
4 If a marriage be made without the free consent of the parties, or in cases where they are not able to give a free consent: as in the marriage with children under age, or with mad men, or persons that are drunke when they give consent, and doe disclaime it when they are sober. These are Nullities in ⟨p. 117⟩the common opinion of Divines of all sorts: and the reason is, Because the consent of parties is essentially requisite to such a bond.
5 If there be error personae, an error of the person, that is, if a man mean to contract marriage with one person, and another person is given him: as when Leah was given in stead of Rachel to Jacob; Divines agree, that Jacob might have rejected Leah, and that his own consent afterwards did only bind him to dwell with her. But yet error about the condition or state of the person, is no Nullity: If a man contract himself to a woman he thinks to be a free woman, and she proves a bond woman; or he thinks he marries with a rich woman, and she proves a poor woman: these errors do not cause a Nullity; he must dwell with her for all this.
5 If there be error personae, an error of the person, that is, if a man meane to contract marriage with one person, and another person is given him: as when Leah was given in stead of Rachel to Iacob; Divines agree, that Iacob might have rejected Leah, and that his owne consent afterwards did onely binde him to dwell with her. But yet error about the condition or state of the person, is no Nullitie: If a man contract himselfe to a woman he thinkes to be a free woman, and shee proves a bond woman; or he thinkes he marries with a rich woman, and she proves a poore woman: these errors doe not cause a Nullitie; he must dwell with her for all this.
6 If marriage be contracted with such as are utterly and incurably unapt for marriage, this marriage is a Nullity: as in the case of Eunuchs, some kinds of incurable palsies, or the like. And about this, I find no difference amongst Divines.
6 If marriage be contracted with such as are utterly and incurably unapt for marriage, this marriage is a Nullitie: as in the case of Eunuches, some kindes of incurable palsies, or the like. And about this, I finde no difference amongst Divines.
Zanchius and some other Divines go further, & pronounce Nullities in the cases following: as,
If marriage be contracted, yea, and celebrated without the §1consent of parents: He brings many arguments from the Law before Moses, and from the Law of Moses, from the Testimony of the Apostle Paul, and from the laws of Nations, and from the Fathers.
If marriage be contracted, yea, and celebrated without the §1consent of parents: Hee brings many arguments from the Law before Moses, and from the Law of Moses, from the Testimony of the Apostle Paul, and from the lawes of Nations, and from the Fathers.
If marriage be contracted or celebrated with such, as have §2any notorious contagious disease, which is known to be incurable; as the Elephantiasis, or worse kind of leprosy, or the like: because this will prove a mischief to the party clear, and to his children, and to the Common-wealth; and God ordained not marriage to be a mischief, but a help.
If marriage be contracted or celebrated with such, as have §2any notorious contagious disease, which is knowne to be incurable; as the Eliphantiasis, or worse kind of leprosie, or the like: because this will prove a mischiefe to the party cleere, and to his children, and to the Common-wealth; and God ordained not marriage to be a mischiefe, but a helpe.
If marriage be celebrated with a woman that is found to §3be with child by another man.
If marriage be celebrated with a woman that is found to §3be with childe by another man.
Yea, he inclines to those that think the marriage of a §4Christian with an Infidel, as a Jew, Turk, or Pagan, as being the known and professed enemies of Christ, is likewise a Nullity. He gives many probable reasons, and quotes divers authors for the opinion.
Yea, hee enclines to those that thinke the marriage of a §4Christian with an Infidell, as a Iew, Turke, or Pagan, as being the knowne and professed enemies of Christ, is likewise a Nullitie. He gives many probable reasons, and quotes divers authors for the opinion.
But for my part, I dare not venture so far, especially to be peremptory in it: much less have I attained to the learning of those Divines, that think Veneficium versus hanc, Witchcraft disabling a man towards that woman only, to be a sufficient cause of a Nullity in the marriage. Thus of the case of Nullities.
But for my part, I dare not venture so farre, especially to be peremptorie in it: much lesse have I attained to the learning of those Divines, that thinke Veneficium versus hanc, Witchcraft disabling a man towards that woman onely, to be a sufficient cause of a Nullitie in the marriage. Thus of the case of Nullities.
1For the case of Divorce, I think that rule of our Saviour binds peremptorily, that no man may put away his wife, but only in the case of fornication, Matth. 19.9. In that case a man (making a lawful divorce) is not bound to cohabitation, but freed from it, and must not dwell with her any more. If it be objected, that in the case of desertion, when an Infidel forsakes a Believer, the Apostle saith the Believer is free. I answer, that this is not a case of Divorce: The Believer doth not for the business of religion put away the Unbeliever, yea, the Apostle shows he ought not, 1. Cor. 7. only if the unbeliever will depart, let her depart. And so by the wilful departure of the Infidel, the Christian is freed from the bond of marriage, as Divines conceive; which is a kind of Nullity, but not a Divorce. But then a great respect must be had to the kind of Unbeliever: not every wicked man or woman, nor every person that professeth a false religion, but such an Unbeliever as is a profest enemy to the Name of Christ, is the Unbeliever the Apostle speaks of.
1For the case of Divorce, I thinke that rule of our Saviour bindes peremptorily, that no man may put away his wife, but only in the case of fornication, Matth. 19.9. In that case a man (making a lawfull divorce) is not bound to cohabitation, but freed from it, and must not dwell with her any more. If it be objected, that in the case of disertion, when an Infidell forsakes a Beleever, the Apostle saith the Beleever is free. I answer, that this is not a case of Divorce: The Beleever doth not for the businesse of religion put away the Vnbeleever, yea, the Apostle shewes he ought not, 1. Cor. 7. only if the unbeleever will depart, let her depart. And so by the wilfull departure of the Infidell, the Christian is freed from the bond of marriage, as Divines conceive; which is a kinde of Nullity, but not a Divorce. But then a great respect must be had to the kinde of Vnbeleever: not every wicked man or woman, nor every person that professeth a false religion, but such an Vnbeleever as is a profest enemy to the Name of Christ, is the Vnbeleever the Apostle speaks of.
Yet one thing more I must add about the case of Desertion: When the Desertion is for other causes than religion, if it be wilful or inevitable, then the party deserted, is freed from this charge of cohabitation; freed, I say, for a time, till the deserted return: and if he never return, the party forsaken is for ever free. Thus of the Proposition of their duties: the Exposition of it follows.
Yet one thing more I must adde about the case of Disertion: When the Disertion is for other causes than religion, if it bee wilfull or inevitable, then the party diserted, is freed from this charge of cohabitation; freed, I say, for a time, till the diserted returne: and if he never returne, the party forsaken is for ever free. Thus of the Proposition of their dueties: the Exposition of it followes.
According to knowledge.] By knowledge, I take it here meant that Christian knowledge of Religion and the Word of God, which godly husbands had attained by the Gospel: for, in the end of the verse, he speaks of husbands, as heirs of the grace of life. And so before I come to show what special things, in the manner of cohabitation this knowledge doth charge upon husbands, I would consider of some ⟨p. 119⟩doctrines in general, implied by the words: as,
According to knowledge.] By knowledge, I take it here meant that Christian knowledge of Religion and the Word of God, which godly husbands had attained by the Gospel: for, in the end of the verse, he speakes of husbands, as heires of the grace of life. And so before I come to shew what speciall things, in the manner of cohabitation this knowledge doth charge upon husbands, I would consider of some ⟨p. 119⟩doctrines in generall, implyed by the words: as,
