A Brighter Day Begins with His Word.

Hodge, Charles, 1797–1878 • SECTION 206

Part 206

← Systematic Theology — Volume 3

being a servant of the state, and bound to render obedience to its laws ; so it is not inconsistent with the fact that marriage is an ordinance of God, that it should be, in another aspect, a civil institution. It is so implicated in the social and civil relations of men that it of necessity comes under the cognizance of the state. It is therefore a civil institution. (1.) In so far as it is, and must be, recognized and enforced by the state. (2.) It imposes civil obligations which the state has the right to enforce. The husband is bound to sustain his wife, for example, and he is constrained by the civil law to the performance of this duty. (3.) Marriage also involves, on both sides, rights to property ; and the claims of children born in wedlock to the property of their parents. All these questions concerning property fall legit- imately under the control of the civil law. In many countries not only property, but rank, title, and political prerogatives are implicated with the question of marriage. (4.) It belongs to the state, therefore, as the guardian of these rights, to determine what marriages are lawful and what unlawful ; how the contract is to be solemnized and authenticated ; and what shall be its legal consequences. All these laws Christians are bound to obey, so far as obedience to them is consistent with a good conscience.

The legitimate power of the state in all these matters is limited by the revealed will of God. It can make nothing an impediment to marriage which the Scriptures do not declare to be a bar to that union. It can make nothing a ground of dissolving the mar- riage contract which the Bible does not make a valid ground of divorce. And the state can attach none other than civil pains and penalty to the violation of its laws concerning marriage. This is only saying that a Christian government is bound to respect the conscientious convictions of the people. It is a viola- tion of the principles of civil and religious liberty for the state to make its will paramount to the will of God. Plain as this prin- ciple seems to be, it is nevertheless constantly disregarded in almost all Christian nations, whether Catholic or Protestant. In England, for example, it is still the law, that no member of the royal family can marry without the consent of the reigning sov- ereign. If this meant nothing more than that any member of the royal family thus marrying, should forfeit for himself and his children all right of succession to the crown, it might be all right. But the real meaning is that such a marriage is null and void ; that parties otherwise lawfully married and whom God has joined together as man and wife, are not man and wife. This is to

Public-domain historical edition (1872). Text from OCR of an original Internet Archive scan; OCR may contain recognition errors.

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