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A30726 The true case of John Butler, B.D., a minister of the true Church of England in answer to the libel of Martha his sometimes wife : treating of a marriage dissolved and made null by desertion and of a lawful concubinage in a case of necessity, wherein lawful marriage conveniently or possibly cannot be obtained. J. B. (John Butler) 1697 (1697) Wing B6276; ESTC R20976 33,278 45

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Dame of the Family yet God did plainly allow of a lawful Concubinage or addional wives for the bed for Issue sake the Issue whereof are no where termed Bastards either in old or new Testament but upon all occasions in case of heirs male wanting by the proper wife the son of Concubinage became heirs Thus Ismael Son of Abraham by his maid servant should have been heir if Isaac had not been born of Sarah Gen. 17 18. And thus Rehoboam Son of Soloman by Naamah a meer Concubine was his Heir unto his Throne for that he had no Son by his proper Wife Yea tho Daughters he had several And thus Jeph●bab Son of Gilead by a Stranger or a meer Concubine became the Prince of the People before any of his brethren Born of the lawful Wife because of his Abilities above any of them Judg. 11. ● 2 and 11 which had he been a Bastard could not have been For a Bastard might not enter into any office in the Church to become so much as a Constable or a Church-warden much less a King or Judge Deut. 23 2. but was to remaine a slave equal to the Gibeonites a hewer of wood and a drawer of water And at this rate none were esteemed Bastards but children begotten in Adultery or Whordom of another mans wife or of a common Whore and such could not inherit Incest was a foul sin and yet the Children Born of Incest did inherit and were not reputed Bastards as Pharez Son of Judah by his Son's Widow and Janna Son of Joseph Arses by his Nice Both which were Heirs in the Genealogy of our Saviour and therefore no Bastards But the Pope made Bastords of such which by God's Law are reputed well born And from the Pope our Statute Laws still keep up the practice Declaring all childeren to be bastards which are born out of marriage So as Childeren begotten out of marriage was a sin against the King's Laws and Statutes and yet no sin against God's Law Now it hapned that betewen the year from Janu. 1. 1637 unto the 24 of June 1660. there were so many hundred thousand children born out of marriage because of the true Laws of marriage put down that there was no other remedy to heal so many disorders in marriages by sinning against the King's Laws but by an Act of Indemnity and by that Act all manner of sins against the King's Laws in case of deficient marriage except some exceptions in that Act expressed whereof this is none being pardoned All sorts of comming together by any single man and si ngle woman and not disallowed by Gods Laws and the children born of such a beding together are made as lawful to all intents and purposes as if they had been married in all things according to the rites and ceremonies of the Church of England And hence all manner of Concubinages between single persons during the time aforesaid were made good in Law by a Statute-Law And thus the marriage of this Respondent with this said Complainant became a lawful marriage by Statute-Law as well as by Gods Law And so it was also of all other Concubinages of the same time from 1637 unto June 1660. And the children of such a bed were lawful born children and no bastards but were and are to be taken as the true and lawful Heirs unto their Fathers Dignities and Estates in as much as if they had been born of lawful marriage And now the second marriage of this Respondent with the said Mary Tomkins being a lawful marriage according to God's word barr'd of the benefit of the King's Laws only because of dangerous inconveniences in the way And being in the same state as all the Concubinages in the years aforesaid laments only the want of the same remedy And being a lawful marriage before God pleads for its self as a lawful and innocent concubinage tho not a good marriage according to the King's Laws 2ly This Respondent farther pleads that tho the Statute-Law of this Realm seem to condemn this his deficiency of marriage yet the customs of the Kingdom do fully and plainly allow of it For first whereas it appears by the Chronicles of Scotland that Robert Stuart the next Heir unto David then King of Scotland as his eldest Sisters Son lived with Elizabeth the daughter of Sir Adam Moor as his Concubine out of marriage and had by her three sons John Robert and Alexander and afterwards the said Elizabeth still living he Married with Euphame the Daughter of the Earl of Rosse by whom he had two Sons called David and Walter And after that being Crown'd King Euphame dy'd and he married his old Concubine Elizabeth And being old he called a Parliament of Lord's Spiritual and Temporal to advise him which son of right ought to inherit his Throne And it was resolved for the eldest Son of the Concubine before the sons of his married wife For that she had been a true wife to him before God in all things excepting the deficiency of the rites and ceremonies of marriage This therefore was approv'd of by all the wisdom of the Realm to have been a lawful Concubinage And insomuch as the Heirs of that Concubinage are without any gainsaying admitted also to inherit the Imperial Throne of this Realm it is also become an allowed Custome in this Kingdome also That the Heirs of a lawful Concubinage may inherit the Patrimony of their Parentage Thus also in the case of William of Normandy who was born out of marriage who was admitted and his Heirs after him to enjoy the Imperial Throne of this Kingdom and owned as a lawful King by all the Nobles and Bishops of this Realm Henry the Seventh also of this Kingdom was admitted and allowed in several Parliaments as the lawful Heir of John Duke of Lancaster altho' he was the Grand-child of John Earl of Sommerset the Son of the said John Duke of Lancaster by Katherne Swinford his Concubine born out of marriage and as I take it in the Life time of Constance his wife And the Heirs of these Concubinages do continue unto this Day Now have Parliaments admitted of such things as these as lawful and good Successions and shall they not be called the Custom of England And if lawful Customs then Custom pleads to be of kin unto a Law yea tho ar the sametime it seems to clash with Law But we must distinguish between matters of Concubinage for tho' some of them may justly by Law be Condemned yet some other of them in the mean while ought to have a despensation against the perils of the Law And among others this Case of the Respondent humbly begs a Reprieve in asmuch as necessity for want of the Power of Continency requirs an honest company of some Bed-fellows but it may not be an Whore and cannot with safety be a married wife according to the Laws of this Land for want of an Authoritative Sentence to acquaint him of his former
whom the Epistle was directed were also Christian Jews which things must unavoidably be allowed to be true and if so then this bed undefiled must be necessarily understood as it was commonly esteemed among the Jews For had their customs and practices been reprovable this holy Author would have corrected them but as he stiles this bed undefiled as an honourable state even in the case of marriage so a bed undefiled according the use and custom of the Jews at the time of this Epistle written is to be an infalliable testimony in what sense these words are to be understood and to this purpose we are to enquire into the custom of the Jews first before and 2ly after Christianity bore date Now before Christianity it plainly appears that the Jews had their Marriage beds And there was always allowed among the ancient Hebrews also a bed of Concubinage which was also held to be in it self a bed undefiled and honourable and a lawful custom and at this rate the Patriarch Abraham a man without exception for holiness and honesty had his married wife whose name was Sarah and besides that wife he had his Concubines Hagar and Katurah in his waves life time by both which he had issue and that of a bed indefiled and not at all tainted with the stains of Adultery or Fornication For had not his son Isaac been born of Sarah his wife his Son Ishmael by his bond maid had been his true and lawful heir Gen. 17. 18. Which could not have been had he been born a bastard as now a days such a child is reputed to be But God Almighty so fully attested the Legitimacy of Ishmael's birth by the blessing he gave him as of a well born child v. 20. Does God usually give his blessing to bastards who are utterly barr'd thereof unto the tenth generation Deut. 23. 2. After the same manner also King David had Michal his married wife and she dead he married Bathsheba his second wife and besides these wives he had several other women who were called side wives of whom he had lawful issue And yet these secundary and inferiour wives being none of them endowed were but meer Concubines and yet those Concubines were so far from being reputed whores or unfaithful women that God Almighty gave testimony to the contrary by stiling them Concubines of God's own allowance or proper gift 2 Sam. 12. 8. Does God patronise Adultery or Fornication by allowing of such a Conoubinage to be a lawful and undefiled bed Surely no what God allowes of therefore is no Sin King Solomon had seven hundred wives who were all kings daughters and yet by them all had no male-child For his true and lawful heir was Rehoboam his son by Naamah an Ammonite his concubine who was born before marriage and before he was king And Solomon dead this son of a concubine born before marriage without contradiction was accepted of by God and Man as Solomon's true lawful and proper heir notwithstanding that he had daughters by his wife or wives and had Nathan his royal brother who or some of his issue were then living Hosea the prophet had also a married wife whose name was Gomer and she yet living by a special command from God this Prophet did yet love another woman whom he married not but took her unto him for a term of years months and days and 〈◊〉 with her as his 〈◊〉 having agreed with her for the term to be a true wife unto him at a certain price of reward And yet this was certainly a bed undefiled obteined by a special appointment of the Lord Hos. 3. 1 2 3 c. Whence follows that in the Church of the Jews before Christ there was a custom and practice of an honest sort of concubinage allowed by God's word as an undefiled and honourable bed which cannot by any means be denied tho' some Divines of good reputation are not willing to allow these things as well done But after Christianity came in and the Hebrew church became Christian it remains yet to be debated whether this custom and practice continued also into Christ's time in full force and power as before yea or not Unto which question this Respondent says he humbly conceives it does continue For first he reckons that all lawful customes and practices once allowed of by God's word and examples of holy Men are not to cease until countermanded or otherwise ordered repealed or abrogated by as good authority of God's word and good men as at first gave them a being in the Church And now to testify that there never was any such repeal or abrogation of those ancient customs and practices allowed before Christianty this testimony of the Author to the Hebrews is mine evidence For the bed undefiled and honourable which he treats of being certainly to be understood of the ancient customs and practices of the said Hebrews unto whom he writes which being no where in God's word limited repealed or abrogated or so much as once spoken against he stiles at the instant time of his Epistle written to be a bed undefiled and honourable True it is indeed that those Hebrew customes do proceed farther than to a bare case of necessity which this Respondent is not concerned to justify or to meddle with excepting only thus far That if ancient Concubinage be justifiable at large how much more is it clearly justifiable a Concubinage in a case of necessity only And thus far this Author to the Hebrews does plainly justify that an honest woman taken into bed purely and truly to avoid fornication and for propagating of an holy Seed issue or offspring tho out of marriage in a case of necessity may be a bed undefilled lawful virtuous and honourable and quit and clear of all Adultery and Fornication notwithstanding any papal decrees Canon Laws or Statutes of any realm to the contrary whatsoever and such saith this Respondent is the true state of his case But yet to add still more light unto the sense of this holy Author to the Hebrews this Respondent brings in the Evidence of the sacred birth of the ever blessed our Lord Jesus Christ for confirmation Dareth any soul upon earth be so impudent as to defame the conception and birth of that most holy God Man who was born without Sin by saying that they were stained with Fornication or Incontinency because performed out of marriage and yet how shall any Man who stubbornly persists to deny all lawful Concubinage make out such his sentiments without reflecting upon our Saviours conception and birth will such a Man think to be excused by alleging that this was an extraordinry work of God This answer will stain his lips more and more instead of wiping his Mouth for does God Almighty ever do any thing either ordinarily or extraordinarily which he forbids us to do Should God himself do that thing which in us is called Adultery or Fornication or any other Sin he would cease to be God