Chap. X. Lyndwood, and fome other fuch pleas offered by the gentlemen of the fpiritual courts, the reader, that defires farther satisfaction, may confult two learned authors upon this point, who plainly enough fhew, that the chief motive of their infifting upon Licences as neceffary within thefe pretended prohibited times, is because marrying by Banns is an hindrance to their fees. Though fons. It is true indeed, it hath been an ancient custom of the not decent primitive church to prohibit perfons from entering upon at fome fea- their nuptials in folemn times, which are fet apart for Fafting and Prayer, and other exercises of extraordinary devotion. Thus the council of Laodicea forbids all Marriages in the time of Lent 97, and several other canons add other times, in which Matrimony was not to be folemnized: which feems to be grounded upon the command of God 98, the counsel of Saint Paul, and the practice of the fober part of mankind'. For even those who have wives ought, at fuch times, to be as those who have none; and therefore those who have none ought not then to change their condition. Befides, there is fo great a contrariety between the seriousness that ought to attend the days of folemn religion, and the mirth that is expected at a Marriage-feaft, that it is not convenient they fhould meet together, left we either violate religion, or difoblige our friends. This confideration fo far prevailed even with the ancient Romans, that they would not permit those days that were dedicated to acts of religion, to be hindered or violated by nuptial celebrations". And Christians, one would think, fhould not be less obfervers of decency, than Infidels or Heathens. For which reafon it would not be amifs, I humbly prefume, if a prohibition was made, that no perfons fhould be married during the more folemn feafons, either by Licence or Banns. But to prohibit Marriage by Banns, and admit of it by Licence, feems not to be calculated for the increase of religion, but purely for the fake of enhancing the fees. Rubric 2. II. If the perfons that are to be married dwell in diverse riage to be parishes, the Banns must be asked in both parishes, and the folemnized Curate of the one parish is not to folemnize Matrimony bein one of twixt them, without a certificate of the Banns being thrice asked the churches where the 96 See Dr. Brett's Letters, intitled, Banns were Some Confiderations on the Times published. wherein Marriage is faid to be prohibited; and Mr. Johnfon's Clergyman's Vade Mecum, c. 21. 97 Can. 52. tom. i. col. 1505. C. 98 Exod. xix. 15. Joel ii. 16. 1 1 Sam. xxi. 4, 5. 2 Macrob. Saturn. 1. 1. c. 15. p. 262. Lugd. Bat. 1670. from from the Curate of the other parish. This feems to fuppofe Sect. I. what both the ancient and modern canons enjoin, viz. that Marriage fhall always be folemnized in the church or chapel where one of the parties dwelleth. And by our own canons, whatever Minifter marries them any where elfe, incurs the fame penalty as for a clandeftine Marriage 3. Nor is even a Licence allowed to difpenfe with him for doing it. And the late Act for preventing clandeftine Marriages exprefsly requires, that, in all cafes where Banns have been published, the Marriage be folemnized in one of the churches where fuch publication had been made, and in no other place whatsoever; and that no Licence fhall be granted to folemnize any Marriage in any other church than that which belongeth to the parish, within which one of the parties to be married hath dwelt for four weeks immediately preceding. Formerly it was a cuftom, that Marriage should be performed in no other church, but that to which the woman belonged as a parifhioner: and the ecclefiaftical law allowed a fee due to the Curate of that church, whether the was married there or not; which was generally referved for him in the words of the Licence: but thofe words have been omitted in Licences granted fince the Act 26 George II. took place, which gives no preference to the woman's parish. SECT. II. Of the Rubric before the Preface. of celebrat FOR better fecurity against clandeftine Marriages, the The canochurch orders that all marriages be celebrated in the nical hours Day-time: for those that mean honourably need not fly the light. By the fixty-fecond canon they are ordered to trimony. be performed in time of divine fervice; but that practice is now almoft, by univerfal confent, laid afide and disconti-nued: and the rubric only mentions the day and time appointed, which the aforefaid canon exprefsly requires to be between the hours of eight and twelve in the forenoon: and though even a Licence be granted, thefe hours are not dispensed with **; for it is fuppofed that perfons will be 6 ferious * The Archbishop of Canterbury, in virtue, I fuppofe, of the 3 Canon LXII. 4 Canon CII. old 5 Clergyman's Vade Mecum, c. 21. page 188. 6 Canon CII. Dd4 Chap. X. ferious in the morning. And indeed formerly it was required that the Bridegroom and Bride fhould be fafting when they made their matrimonial vow 7; by which means they were fecured from being made incapable by drink of acting decently and difcreetly in fo weighty an affair.. In what Marriage is to be fo §. 2. At the day and time appointed, the perfons to be part of the married are directed to come into the body of the Church. church the The custom formerly was for the couple, who were to enter upon this holy ftate, to be placed at the church-door, lemnized. where the Prieft was used to join their hands, and perform the greatest part of the matrimonial office . It was here the hufband endowed his wife with the portion or dowry before contracted for, which was therefore called Dos ad Oftium Ecclefiae, The Dowry at the Church-door. But at the Reformation, the rubric was altered, and the whole office ordered to be performed within the church, where the congregation might afford more witneffes of the fact. And fince God himself doth join those that are lawfully married, certainly the houfe of God is the fittest place, wherein to make this religious covenant. And therefore, by the ancient canons of this church, the celebration of Matrimony in taverns, or other unhallowed places, is exprefsly forbidden 10; and the office is commanded to be performed in the church, not only to prevent all clandeftine Marriages, but also that the facredness of the place may ftrike the greater reverence into the minds of the married couple, while they remember they make this holy vow in the place of God's peculiar prefence. §. 3. The perfons to be married (faith the rubric) are old legantine power, claims a privilege of granting Licences for perfons to be married, quolibet loco aut tempore bonefto; i. e. in any decent time or place. A privilege, which I cannot but humbly conceive his Grace would be very backward of ufing, were he apprised what indecencies generally attend it. N. B. This right is expressly referved to the Archbishop, by ftatute 26 George II. 7 Synod. Winton. Ann. 1308. Spelman, tom. i. p. 448. 8 See the old Manuals, and Sel- She was a worthy Woman all her Hufbands at the Church-dore had he five. 9 See the Manuals, and Selden, as above. 10 Synod. Winton. ut fupra. Synod. Exon. Anno 1287. Can. 7. Spelm. tom. ii. Concil. Lond. Anno 1200. ibid. to Bridemen, to come into the church with their friends and neighbours, Sect. II. i. e. their relations and acquaintance, who ought to attend Who to be on this folemnity, to teftify their confent to it, and to join prefent at with the Minister in prayers for a bleffing on it. Though the folemit may not be improbable, but that by the friends here nization. mentioned may be understood fuch as the ancients used to call Paranymphs, or Bridemen: fome traces of which Paracuftom we find to be as old as the days of Sampfon, whofe nymphs, or wife is faid to have been delivered to his companion, who their antiin the Septuagint verfion is called Nuugaywyos, or Bride-quity. man ". And that Bridemen were in ufe among the Jews in our Saviour's time, is clear from St. John iii. 29. From the Jews the custom was received by the Chriftians, who used it at first rather as a civil cuftom, and fomething that added to the folemnity of the occafion, than as a religious rite; though it was afterwards countenanced fo far as to be made a neceffary part of the facred folemnity 12. An account of this cuftom as it prevailed here in the time of King Henry VIII. may be feen in Polydore Virgil 13. Some remains of it are still left among us: but as to countenancing or difcountenancing it, our church has left it (as in itself) a thing indifferent. 13 tion of the two parties §. 4. The remaining part of this rubric (which was ad- The pofided to the foregoing part at the Restoration) is concerning the Pofition of the parties, whom it orders to stand, the Man on the right hand, and the Woman on the left, i. e. the Man on the right hand of the Woman, and the Woman on the left hand of the Man, as it is worded in the Salisbury Manual. The reafon that is there given for it is a very weak one, viz. because the Rib, out of which the Wo-man was formed, was taken out of the left fide of Adam. The true reason to be fure is, because the right hand is the most honourable place; which is therefore both by the Latin and Greek, and all Chriftian churches, affigned to the Man, as being head of the Wife 14. The Jews are the only persons that, I ever heard, acted otherwise, who place the Woman on the right hand of her Husband, in allufion to that expreffion in the forty-fifth Pfalm, At thy right hand did ftand the Queen in a vefture of gold, &c. 11 Judges xiv. 20. according to the Alexandrian Copy, published by Dr. Grabe. 12 Eucharift. Ep. ad Epifc. Afric. Concil. tom. i. col. 543. C. Concil. Carthag. 4. cap. 13. tom. ii. col. 1201. A. 13 De Invent. Rerum, 1. 1. c. 4. as cited by Selden in his Uxor Ebraica, page 205. 14 Manual. Sarifb. fol. 26. Eucholog. Offic. Sponfal. p. 380. SECT. Chap. X. SECT. III. Of the Preface and Charge, and the feveral The Pre- To prevent the vain and loose mirth, which is too freneral Exquent at thefe folemnities, the office is begun with a hortation. grave and awful Preface, which reprefents the action we The Charge. The Impe Matrimo ny. are about to be of fo divine an original, of fo high a na ture, and of fuch infinite concernment to all mankind, that they are not only vain and imprudent, but even void of fhame, who will not lay afide their levity, and be compofed upon fo ferious and folemn an occafion. And to prevent any misfortune which the two parties might rafhly or perhaps inconfiderately run into by means of their Marriage, the Minifter charges the congregation, If they know any just caufe, why they may not be lawfully joined together, that they do now declare it, before this holy bond be tied, fince afterwards their difcovering of it will tend perhaps more to the prejudice than to the relief of the parties. II. But though others are firft called upon to discover the Impediments (if any fuch be known) as being most likely to reveal them; yet the parties themselves are charged, in the next place, as being moft concerned to declare them. Since, fhould there afterwards appear any juft Impediment to their Marriage, they muft either neceffarily live together in a perpetual fin, or be feparated for ever by an eternal divorce. Befides which, by a provincial canon of our church under Archbishop Stratford, in the year 1342, (the fixteenth of Edward III.) if the parties that marry are confcious of any Impediment, they incur excommunication ipfo facto 15. III. The Impediments, which they are folemnly charged diments to to reveal, are thofe, I fuppofe, which are specified in the hundred and fecond canon of our church, viz. 1. A preceding Marriage or Contract, or any controverfy or fuit depending upon the fame. 2. Confanguinity or Affinity. And, 3. Want of the Confent of their Parents or Guardians. 1.A preced- §. I. The firft is a preceding Marriage or Contract: for ing Mar- God made but one Wife for Adam, and rather connived at Polygamy in after-ages than allowed it. Under the Gospel-difpenfation it is abfolutely forbidden 16. And riage or Contract. 15 See Bishop Gibson's Codex, v.i. P. 494. or in Mr. Johnson, 1343. H. 16 Matt. xix. 5. 9. Rom. vii. 3. 1 Cor. vii. 2. |