The third chapter of Numbers enableth parents to disoblige a daughter that is in their house, from a vow made to God, so be it they disallow it at the first hearing. Hence there are two doubts arise: 1. Whether this power extend not to the disobliging of a promise or contract of matrimony. 2. Whether it extend not to a son as well as a daughter. And most expositors are for the affirmative of both cases. But I have showed you before that it is upon uncertain grounds: 1. It is uncertain whether God, who would thus give up his own right in case of vowing, will also give away the right of others, without their consent, in case of promises or contracts. And, 2. It is uncertain whether this be not an indulgence only of the weaker sex, seeing many words in the text seem plainly to intimate so much. And it is dangerous upon our own presumptions, to stretch God's laws to every thing we imagine there is the same reason for; seeing our imaginations may so easily be deceived; and God could have expressed such particulars if he would. And therefore (when there is not clear ground for our inferences in the text) it is but to say, Thus and thus should God have said, when we cannot say, Thus he hath said. We must not make laws under the pretence of expounding them: whatsoever God commandeth thee, take heed that thou do it: thou shalt add nothing thereto, nor take ought therefrom, Deut. xii. 32.
_Quest._ If the question therefore be not of the sinfulness, but the nullity of such promises of children, because of the dissent of parents, for my part I am not able to prove any such nullity. It is said, that they are not _sui juris_, their own, and therefore their promises are null: but if they have attained to years and use of discretion, they are naturally so far _sui juris_ as to be capable of disposing even of their souls, and therefore of their fidelity. They can oblige themselves to God or man; though they are not so far _sui juris_ as to be ungoverned: for so, no child, no subject, no man is _sui juris_; seeing all are under the government of God. And yet if a man promise to do a thing sinful, it is not a nullity, but a sin; not no promise, but a sinful promise. A nullity is, when the _actus promittendi_ is reputative _nullus vel non actus_. And when no promise is made, then none can be broken.
_Quest._ But if the question be only how far such promises must be kept, I answer by summing up what I have said: 1. If the child had not the use of reason, the want of natural capacity proveth the promise null: here _ignorantis non est consensus_. 2. If he was at age and use of reason, then, 1. If the promising act only was sinful, (as before I said of vows,) the promise must be both repented of and kept. It must be repented of because it was a sin; it must be kept because it was a real promise, and the matter lawful. 2. If the promising act was not only a sin but a nullity (by any other reason) then it is no obligation. 3. If not only the promising act be sin, but also the matter promised, (as is marrying without parents' consent,) then it must be repented of, and not performed till it become lawful; because an oath or promise cannot bind a man to violate the laws of God.
_Quest._ But what if the parties be actually married without the parents' consent? must they live together, or be separated? _Answ._ 1. If marriage be consummated _per carnalem concubitum_, by the carnal knowledge of each other, I see no reason to imagine that parents can dissolve it, or prohibit their cohabitation: for the marriage (for aught I ever saw) is not proved a nullity, but only a sin, and their _concubitus_ is not fornication; and parents cannot forbid husband and wife to live together: and in marriage they do (really though sinfully) forsake father and mother and cleave to each other, and so are now from under their government (though not disobliged from all obedience). 2. But if marriage be only by verbal conjunction, divines are disagreed what is to be done. Some think that it is no perfect marriage _ante concubitum_, and also that their conjunction hath but the nature of a promise (to be faithful to each other as husband and wife): and therefore the matter promised is unlawful till parents consent, and so not to be done. But I rather think (as most do) that it hath all that is essential to marriage _ante concubitum_; and that this marriage is more than a promise of fidelity _de futuro_, even an actual delivery of themselves to one another _de præsenti_ also; and that the thing promised in marriage is lawful. For though it be a sin to marry without parents' consent, yet when that is past, it is lawful for married persons to come together though parents consent not; and therefore that such marriage is valid, and to be continued, though it was sinfully made.
[Sidenote: Of vows of chastity.]