Page images
PDF
EPUB

with Peace, to denote that Peace (both temporal and Sect. IV. eternal) was the happy fruit of the Holy Ghoft conferred and received in this folemnity. Accordingly, in King Edward's first Common Prayer-Book, the Bithop, immediately after he had laid his hands upon all that were brought and presented to him, was to fay, The Peace of the Lord abide with you; to which the answer returned was,' And with thy Spirit. What offence this was capable of giving, I cannot difcover; but it is certain that it was thrown out when Bucer revised it: though at the last review, foon after the Restoration, the ufual falutation of, The Lord be with you, And with thy Spirit, was added in the room of it, together with, Let us pray, and the Lord's Prayer, which fhould not be left out of any office, especially where it comes in fo properly; and therefore (all kneeling down) the Bishop is here directed to add it.

II. After this the Bishop, in the next place, prays that The Colwhat he has done may not be an empty and infignificant lect. fign. And this he does with fo noble a mixture of humility and faith, as well agrees with the pureft times. Depending upon the faith and promife of God, he knows that the graces he has now been conferring are as fure a confequence of the office he has performed, as if he had in himself a power to give them. But ftill he confiders from whom these gifts and graces come, and who alone can preferve and fecure them; and therefore, under a due fense of this, he makes his humble fupplications, that, as he has now laid his hands upon thefe people (after the example of the Apostles) to certify them thereby of God's favour and gracious goodness towards them; the fatherly hand of God may be over them, his holy Spirit be ever with them, and fo lead them in the knowledge and obedience of his word, that in the end they may obtain everlafling life.

III. And because the ancients believed Confirmation to The second be a prefervation both of body and foul", an additional Collect. collect was added at the Restoration, from those that are placed at the end of the Communion-office, that God would direct, fanctify, and govern, both our fouls and bodies in the ways of his laws, and in the works of his commandments, &c.

IV. A bleffing concludes all offices; and therefore one The Blefought more especially to end this, it being as it were an fing, epitome of the whole adminiftration, which is but one continued and folemn benediction.

79 Cyril. Catech. Mystag. 3. §. 5. p. 291.
Dd.

After

Chap. IX.

The Ru

bric.

After all is added a rubric, that none be admitted to the holy Communion, until fuch time as he be confirmed, or be ready and defrous to be confirmed. This is exactly conformable to the practice of the primitive church, which always ordered that Confirmation fhould precede the Eucharift, except there was extraordinary cause to the contrary: fuch as was the cafe of Clinic Baptifm, of the abfence of a Bishop, or the like; in which cafes the Eucharift is allowed before Confirmation. The like provifion (as I have already obferved) is made by our own provincial conftitutions, as well as the rubric which is now before us, which admit none to communicate, unless in danger of death, but such as are confirmed, or at least have a reasonable impediment for not being confirmed 1. And the Gloffary allows no impediment to be reasonable, but the want of a Bishop near the place.

81

inftitution.

CHAP. X.

Of the Form of SOLEMNIZATION of
MATRIMONY.

The INTRODUCTION.

Marriage THAT this holy ftate was inftituted by God, is eviof divine dent from the two firft chapters in the Bible 2: whence it came to pafs, that amongst all the defcendants from our first parents, the numerous inhabitants of the different nations in the world, there has been fome religious way of entering into this state, in confequence and teftimony of this divine inftitution. Among Chriftians efpecially, from the very firft ages of the church, those that have been married have been always joined together in a folemn manner by an ecclefiaftical perfon 3. And by feveral canons of our own church, it is declared to be no lefs than proftituting one's daughter, to give her in marriage without the bleffing of the Priefts". Infomuch

[blocks in formation]

that fome commentators of no fmall character interpret Introduct. thofe words of Saint Paul, of marrying in the Lords, of marrying according to the form and order prescribed by the Apostles. But I think thofe words are more naturally to be understood of marrying one of the fame faith; as by the dead that die in the Lord, are undoubtedly to be understood, those that die in the faith of Chrift. However, it is certain, that both in the 87 Greek and Latin churches, offices were drawn up in the most early times for the religious celebration of this holy ordinance; but being afterwards mixed with fuperftitious rites, our Reformers thought fit to lay them afide, and to draw up a form more decent and grave, and more agreeable to the usage of the primitive church.

SECT. I. Of the Rubrics concerning the Banns.

1. BEFORE any can be lawfully married together, the Rubric 1.

how often

Banns are directed to be published in the church, i. e. Banns, Public Proclamation (for fo the word fignifies) must what the word fignibe made to the congregation, concerning the defign of fies. the parties that intend to come together. This care of Why, and the church to prevent clandeftine marriages is, as far as to be pubwe can find, as old as Chriftianity itfelf. For Tertullian lihed. tells us, that in his time all marriages were accounted clandeftine, that were not published beforehand in the church, and were in danger of being judged adultery and fornication. And by feveral ancient conftitutions of our own church, it was ordered, that none fhould be married before notice fhould be given of it in the public congregation on three feveral Sundays or Holy-days 9. And fo it was also ordered by the rubric prefixed to the form of Solemnization of Matrimony in the Book of Common Prayer, viz. that the Banns of all that are to be married together be published in the church three feveral Sundays or Holy-days, in time of divine fervice; unto which was added at the last review, immediately before the Sentences for the Offertory: but it is ordered by a late Act of Parliament*,

*Statute 26 George II. To prevent clandeftine Marriages, which fhould be carefully perufed by every Parochial Clergyman.

[blocks in formation]

Chap. X. that all Banns of Matrimony fhall be published upon three Sundays preceding the folemnization of Marriage, immediately after the fecond Leffon.

The Po

their not

they are

asked, no

the Banns.

§. 2. The defign of the church in publishing these verty of the Banns, is to be fatisfied whether there be any juft caufe parties, or or impediment why the parties, fo afked, fhould not be being fet- joined together in Matrimony. What are allowed for tled in the lawful impediments, I fhall have occafion to fhew in the place where next fection. In the mean while I fhall here observe, that the Curate is not to ftop his proceeding, because any reason for peevish or pragmatical perfon, without juft reafon or auprohibiting thority, pretends to forbid him; as is the case sometimes, when the Churchwardens, or other officers of the parish, prefume to forbid the publication of the Banns, because, the parties are Poor, and fo like to create a charge to the parish or because the man is not perhaps an Inhabitant, according to the laws made for the fettlement of the Poor. But Poverty is no more an impediment of marriage than Wealth; and the kingdom can as little fubfift without the Poor, as it can without the Rich. And as to the pretence of the man's not being an Inhabitant of the parish, it is certain, that by the Canon Law a traveller is a parishioner 90 church he comes to "°. The Minifter where he every is, is to vifit him if fick, to perform the offices to him while living, and to bury him when dead: and no other. Clergyman can regularly perform any divine office to fuch a perfon, fo long as he continues within the faid parish. In fhort, he is a parishioner in all refpects, except that he' is not liable to be kept by the parish, if he fall into poverty. Nor does the bidding of Bauns alter his condition in that refpect for in that, it is not confidered where the perfon has a legal fettlement, but where he dwells or lives at prefent. And the fpiritual courts acted by this rule (if by any) when they granted a Licence to a man to be married, that had not been four and twenty hours within their jurifdiction; and write him in the Licence, feaman of that port or parifh where he landed last, or where perhaps he lodged the night before.

of

The penalty S. 3. The penalty incurred for marrying any persons of a Mini- (without a Faculty or Licence) before the Banns have been fter that thus duly publifhed, is, by the canons of our church, de-, without Li-clared to be Sufpenfion for three years. Nor is there any exemption allowed to any churches or chapels, under co

marries

cence or

Banns.

90 Lyndwood, l. 3. T. 15. c. Altif- 91 Canon LXII. Gimus, v. Peregrinantes,

lour

lour of any peculiar liberty or privilege. The prohibition Sect. I. is the fame in one place as in another. Marry where they will, the canons inflict the fame penalty upon the Minifter 92; who, by an Act of Parliament made in the tenth year of Queen Anne 93, fhall, befides his fufpenfion, forfeit one hundred pounds for every offence; or if he be a prifoner in any private gaol, he shall be removed to the county gaol, charged in execution with the aforefaid penalty, and with all the causes of his former imprisonment. And whatever gaoler fhall permit fuch Marriages to be folemnized in his prifon, fhall, for every fuch offence, forfeit alfo the fum of one hundred pounds. And by the A&, 26 George II. before mentioned, the person who shall folemnize Matrimony in any other place than a church or public chapel, or without publication of Banns, or Licence, is deemed guilty of Felony, and is to be transported for fourteen years, and the Marriage declared to be null and void.

§. 4. The Ecclefiaftical Courts would have us to be-Marriage lieve, that a Licence is neceffary, even after the Banns at no time have been duly published, to empower us to marry during fuch times as are faid to be prohibited 24; and this they found upon an old Popish Canon Law, which they pretend was established among other Popifh Canons and Decretals, by a ftatute 25 Henry VIII. But now it is certain that the times prohibited by the Pope's Canon Law are not the fame that are pretended to be prohibited here in England; or if they were, the ftatute declares, that the Popith Canons and Decretals are of force only so far forth as they have been received by fufferance, confent, or cuftom 95. Now there is no canon nor custom of this realm, that prohibits Marriages to be folemnized at any time: but, on the contrary, our rubric, which is confirmed by Act of Parliament, (and which is therefore as much a law of this realm as any can be,) requires no more than that the Banns be published in the church three feveral Sundays in the time of divine service; and then, if no impediment be alleged, gives the parties, fo afked, leave to be married, without fo much as intimating that they muft wait till Marriage comes in. As to the authority of

92 Canon LXIII.

93 10 Annæ, cap. 19. in an A&t, intitled, An A&t for laying feveral Duties, &c.

94 Viz. From Advent-Sunday to the Oftave of the Epiphany inclufive; from Septuagefima-Sunday till

the Sunday after Eafter inclufive;
and from the firft of the Rogation-
days (i. e. the Monday before Afcen-
fion-day) till the day before Trinity-
Sunday inclufive.
95 Chap. 21.

Dd3

Lynd

« PreviousContinue »