Two great questions determined by the principles of reason & divinity I. whether the right to succession in hæreditary kingdoms, be eternal and unalterable? Neg. : II. whether some certain politick reasons may not be sufficient grounds of divorce? Affirm.

CHAP. I.

Of Marriage, its Institution, Ends, and Ob∣ligation: Of its special Rights and Privile∣ges in the State of Christianity.

I Am very Sensible, this Second Question carries so much the more Difficulty than the First, as it has been less Controverted, and consequently less Understood; that it lies under a far greater Dis∣advantage, by reason of the many more Actually Inte∣rested and concerned in it; the Right of Marriage be∣ing more Mens, than is Right to Succession and Heir-ship in Government, and they generally Prejudicated in their Opinions about it; And lastly, so much the harder Case, as it concerns the Dispossession of those who are Actual∣ly in Possession of a Right, and so owned to be; but the other only the prevention of Succeeding into such Actual Possession. But in order to its Discussion, I will pro∣ceed in the same Method I used in the First, that by inquiring into its Institution, Rights, and Ends, we may better judg of the true Causes of its Dissolution.

The Institution of Marriage seems not to have been Occasional and by accident, as the appointment of most things by God was, but Cotemporary with the very Cre∣ation, and Formation of man it self; so that He was no sooner shaped into the form of Body which we see he has, but he seemed to be Incompleat and Solitary, till such a Companion were given him; for the use and enjoy∣ment of which, in order to another end, Procreation, His Body both in its inward and outward Fabrick, provision and design of Nature appeared to have been purposely Framed, and by it self, as to that end, to be useless and imperfect: Nay, Marriage must have been In∣stituted, and Pre-ordained, even before Mans Creation; for if God, when He said, Let Us make Man, had an Ex∣emplar or Idea before Him, of what manner of Creature He was about to make, He then both saw, that the Creature He should make according to that Pattern, would want such a Companion, because of his inability to procreate without Her; and yet, for which Procreation his Body appeared purposely Designed, by reason of its proper, natural, and convenient Composure for it; Nay, fur∣ther, Designedly and on Purpose made him such a Creature, as should have such a Companion in order to Procreation, because else, all that Aptitude and Structure which now serves to that end, would have been useless; and God have done, what He and Nature never do, something in vain.

Now the Institution, or Reason of Ordaining Marri∣age, depending on its End; and its Immediate, and Na∣tural End, being Procreation and Propagation of a Species of Creatures, and Man's Body apt and suitable for such Procreation, at the Moment of His formation Com∣pleated; it follows, that at the Moment of his formati∣on Compleated, when he was an apt, and fit Creature for the End of Marriage, Procreation, the Institution of Marriage, if not before, yet then Commenc'd; because the Natural Frame of Man, did Necessarily suppose such a thing as Marriage; and therefore, its Institution was Original and Natural, not Occasional: it was designed by

Nature, it self, and therefore needed not to be Instituted with any formal Ceremony, Law, or Circumstance whatsoe∣ver. I confess, that a secondary end of Marriage, namely mutual Society, help and Comfort, seems to have been Occasional: for after God had made Man, and placed Him in the Garden, He said, Gen. 2. 18. That it was not good that Man should be alone, that He would make Him an Help meet for Him; as if, upon consideration of his Solitariness, as having no Creature capable of Conversing with Him, He re∣solved for remedy of that evil, to give Him a Wife: and Adam in the 23 ver. of that Chap. gives another Reason, why a Man should leave his Father and Mother, and cleave to his Wife; because she was taken out of Him, was Bone of his Bone, and Flesh of his Flesh; not that this was the only Reason of Marriage, because Woman was taken out of Man; but that it should be a strong Motive of Love and Inclination to Woman, because she was a piece of Man himself, and therefore He should prefer Her before the Dear Relations of Father and Mother. By which very words, Father and Mother, Adam seems to have un∣derstood the end of Marriage to be Procreation, and what Procreation was; else He could not have known what the words Father and Mother signify; unless you will sup∣pose those Words not Adams, but the Holy Pen-mans by a Prolepsis. From what has been said, 'tis clear, that the two great Ends of Marriage are Procreation, and mutual help; and that He who Marries, is Obliged to intend none o∣ther but those Ends.

Having shewed, that the Institution of Marriage was Co∣temporary with Mans first Creation, that the natural Disposition and Frame of Mans Body, was its very Institution in Nature it self, without further Ceremony, Law, or Circumstance, that Adams Marriage was Consummate, and Perfect without such; yet now since the World is Increased, there is something more requisit to be done, I mean, as to the Contracting, and Solemnization of Matrimony. For when there were none in the VVorld but one Man and one VVoman, and both naturally loving one another, Circumstance and Ceremony were needless, since they are

significative only of our minds to others, but there be∣ing no others but themselves, and their minds sufficiently known to one another, from the very inclinations and dis∣positions of Nature, as Man and Woman in general, and there being no other VVoman for Him to take, or Man for Her; I say, neither Nature nor Reason could re∣quire Circumstance and Ceremony as convenient or useful: but now they must be used as signs and tokens of Con∣sent, that such a particular Man and Woman do agree to Mar∣riage, and to prevent Defrauding one onother by de∣nying the Marriage, (which, if done in secret between themselves only, either might) and to prevent any ones wronging of either, by intruding upon the Right of ei∣ther; which is better secured and known, by being Publick and Solemn, and Acted before VVitness. Further, because all words do not equally express Consent, but some more, some less; 'tis likewise convenient, a determined form of words, whereby to express Consent validly, should be Authorised, and so all refuge to Equivocation, and dubious In∣terpretation of former Promises might be avoided. And to the end, that the Persons consenting to Marriage, might have the stronger Obligation to stand to their Promise, it was thought fit, they should mutually Promise each other, as far as lies in their Power, before God Himself, in the Presence and Hearing of one of his Mini∣sters.

So then, the Ends and Reasons of Marriage, is Pro∣creation and mutual Help; an inducing Motive is the na∣tural Love Man and VVoman bare to each other, as be∣ing originally Flesh of one anothers Flesh; the Essence or Actual Contract of it consists in Consent, and seve∣ral outward Circumstances, are requisite for its Confirmati∣on ad extra, and may not ordinarily be neglected with∣out fault, because they are wholesome and useful Appoint∣ments.

I have been the longer on this Head, because the Notion of any thing being first clearly and at large laid down, 'tis easier after to pass a judgment on it; and that I may pass by nothing which concerns it, I

shall Observe what Advantages and Privileges Christi∣anity has raised it to, beyond what it has in Nature, or in Judaism. It is become the Representation of that Holy Union, Love and Obedience, which is betwixt Christ and His Church, and therefore is accounted now a more honourable Estate than formerly; forasmuch as neither the Jewes nor Heathens tied themselves up to strict Marriages, but using Polygamy, did, as it were, prostitute and dishonour the Marriage-Bed, which be∣came thus common to many; but now the Marriage of two Persons during Life, is enobled and recom∣mended by that Similitude of Christ and His Church; the first owning no other Spouse, the last no other Lord: Besides, that Marriage is not now so easily dissoluble as among the Jewes, nor for such slight Reasons; and last∣ly, there lies now an Obligation on each, to Procure, as far as they can, not only the others Temporal, but Spi∣ritual Comfort and VVelfare. And so much for the Nature, Institution, and Duties of Marriage.