Of Marriage and Divorce
Section 24.3
It is lawful for all sorts of people to marry, who are able with judgment to give their consent. Yet is it the duty of Christians to marry only in the Lord: and therefore such as profess the true reformed religion should not marry with infidels, papists, or other idolaters: neither should such as are godly be unequally yoked, by marrying with such as are notoriously wicked in their life, or maintain damnable heresies.
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Chapter 24: Of Marriage and Divorce
The institution, purposes, and regulation of marriage
Of Marriage and Divorce
Section 24.1
Marriage is to be between one man and one woman: neither is it lawful for any man to have more than one wife, nor for any woman to have more than one husband; at the same time.
Of Marriage and Divorce
Section 24.2
Marriage was ordained for the mutual help of husband and wife, for the increase of mankind with a legitimate issue, and of the Church with an holy seed; and for preventing of uncleanness.
Of Marriage and Divorce
Section 24.3
It is lawful for all sorts of people to marry, who are able with judgment to give their consent. Yet is it the duty of Christians to marry only in the Lord: and therefore such as profess the true reformed religion should not marry with infidels, papists, or other idolaters: neither should such as are godly be unequally yoked, by marrying with such as are notoriously wicked in their life, or maintain damnable heresies.
Of Marriage and Divorce
Section 24.4
Marriage ought not to be within the degrees of consanguinity or affinity forbidden by the Word; nor can such incestuous marriages ever be made lawful by any law of man or consent of parties, so as those persons may live together as man and wife. The man may not marry any of his wife’s kindred nearer in blood than he may of his own; nor the woman of her husband’s kindred nearer in blood than of her own.
Of Marriage and Divorce
Section 24.5
Adultery or fornication committed after a contract, being detected before marriage, giveth just occasion to the innocent party to dissolve that contract. In the case of adultery after marriage, it is lawful for the innocent party to sue out a divorce: and, after the divorce, to marry another, as if the offending party were dead.
Of Marriage and Divorce
Section 24.6
Although the corruption of man be such as is apt to study arguments unduly to put asunder those whom God hath joined together in marriage: yet nothing but adultery, or such wilful desertion as can no way be remedied by the Church or civil magistrate, is cause sufficient of dissolving the bond of marriage: wherein, a public and orderly course of proceeding is to be observed; and the persons concerned in it not left to their own wills and discretion, in their own case.
These Sections teach the divine law of marriage as to incest and as to divorce.
1st. Incest consists of sexual intercourse between parties forbidden by the divine law to marry, because of their relationship. Marriage between these parties is impossible; and no matter what may be the provisions of human laws or the decisions of human courts, such pretended marriages are void ab initio — invalid in essence as well as improper and injurious. Since the degrees of relationship within which marriage is excluded differ in nearness, so the crime of incest differs, according to these varying degrees, from the highest to the least measure of criminality. The obligation to avoid intermarriage between near blood-relations is a dictate of nature as well as of the word of God.
The only law on this subject in the Scriptures is the Levitical law recorded in Lev. xx. 10-21. If this law is still binding, it carries with it the principle that it is incest for a man to cohabit with any one of his deceased wife^s relations nearer in blood than it is lawful for him to do of his own. If this law is not binding now, there is no other law of God remaining on the subject of incest except the law of nature.
The Greek and Roman Catholic churches agreed in holding that this law is still binding, since the reason of the law rests upon permanent relationships, and not
upon any special circumstances peculiar to society among the Jews. All branches of the Protestant Church — Episcopal, Lutheran and Presbyterian — have maintained the same principle in their Confessions of Faith or canons of discipline. It is asserted in these Sections of our Confession. But a great diversity of sentiment and practice prevails in different parts of our Church on this subject, and for the most part the enforcement of this rule has been left to the discretion of the majority of each local church court. Several efforts have been made, in 1826 and 1827 and 1843, 1845 and 1847,* to have this Section of this Chapter changed, but without effect.
2d. The divine law as to divorce is, that marriage is a contract for life between one man and one woman, and that it is, ipso facto , dissolved only by death (Rom. vii. 2, 3), and that the only causes upon which any civil authority can dissolve the union of those whom God has joined together are (a) adultery, (6) wilful, causeless and incurable desertion.
(1.) The only causes upon which it is lawful to grant a divorce are — (a) adultery ; this is explicitly allowed by Christ (Matt. v. 31, 32 ; xix. 9) ; and (6) wilful, causeless and incurable desertion. This is allowed by Paul to the Christian husband or wife deserted by their heathen partner. 1 Cor. vii. 15. The reason in the case is also self-evident, since such desertion, being total and incurable, makes the marriage an empty name, void of all reality, and, being causeless, leaves the deserting party without remaining rights to be defended.
(2.) Such causes, however, do not, ipso facto y dissolve * See Baird's Digest, pp. 163-168.
the marriage bond, but only give the right to the innocent party, if they so elect, to demand that it shall be dissolved by competent authority. And if they do demand the dissolution, they are not left to their own discretion in the case, but they must seek for the vindication of their rights at the hands of the public authorities and according to the law of the land.
(3.) The civil law, however, has no authority to grant divorces upon any other grounds than those above defined as allowed by the law of God. Whenever they do so, as is constantly done in fact, the civil authorities put themselves into direct conflict with the law of God in the case. Hence all Christians and church courts are bound in such cases to disregard the judgment of the civil authority, and to regard and treat such unlawful divorces as null and void. And if the parties to a marriage unrighteously dissolved marry again, they are to be regarded and treated by those who fear God as living in those new marriages in the sin of adultery. Matt. xix. 8,9; Actsiv. 19; v. 29.