Volume II Part 30 (1/2)
OF MARIAGE.[549]
[549] In edit. 1722, Chap. XIII.
Becaus that Mariage, the blessed ordinance of G.o.d, in this cursed Papistrie hath partlie bene contempned; and partlie hath bene so infirmed, that the personis conjoyned could never be a.s.sured of continewance,[550] yf the Bischoppis and Prelattis list to dissolve the same; we have thocht goode to schaw oure judgmentis how such confusioun in tymes c.u.ming may be best avoyded.
[550] In edit. 1621, ”a.s.sured in conscience.”
And first publict inhibitioun must be maid, that na personis under the power and obedience of otheris; suche as sonnes and dochteris, [and]
these that be under curatouris, neather men nor wemen, contract Mariage privelie and without knawledge [of their parents, tutors, or curators, under whose power they are for the time:][551] whiche yf thei do, the censure and discipline of the Churche to procead against thame. Yf the sone or dowghter, or other, have thair hearte tweiched with desyre of mariage, thei ar bound to geve that honour to the parentis that thei oppin unto thame thair affectioun, askyng of thame counsall[552] and a.s.sistance, how that motioun, which thei judge to be of G.o.d, may be performed. Yf the father, friend, or maister, ganestand thair requeast, and have na other caus then the commoun sorte of men have; to wit, lack of guidis, or because thei ar nott so hyght-borne as thai requyre; yit must not the pairteis whose heartis ar tweiched mak ony covenant till farther declaratioun be maid unto the Churche of G.o.d. And, thairfoir, efter thei have opened thair myndis to thair parentis, or suche otheris as have charge oure thame, thei must declair it also to the Ministrie, or to the Civile Magistrat, requyring thame to travaill with thair parentis for thair consent, whiche to do thei ar bound. And yf thei, to wit, the Magistrate or Ministeris, fynd no just caus why the mariage requyred may not be fulfilled, then efter sufficient admonitioun to the father, friend, maister, or superiour, that none of thame resist the work of G.o.d, the Ministerie or Magistrat may enter in the place of the parent, and by consenting to thair just requeastis may admit thame to mariage: for the work of G.o.d aught not to be hyndered by the corrupt affectionis of worldlie men. The work of G.o.d we call, when two heartis (without filthynes befoir committ.i.t) ar so joyned, that boyth requyre and ar content to live together in that holy band of Matrimonye.
[551] The words within brackets omitted in MS. 1566, are supplied from ed. 1621.
[552] In edit. 1621, ”asking their counsell.”
Yf any man commit fornicatioun with the woman whome he requyred in mariage, then do boyth lose this foirsaid benefite alsweall of the Churche as of the Magistrat; for neather of boyth aught to be intercessouris or advocattis for fylthie fornicatours. But the father, or neyrest friend, whose dowghter being a virgine is deflored, hath power by the law of G.o.d to compell the man that did that injurie to marie his dowghtter; or yf the father will not accept him be rea.s.sone of his offense, then may he requyre the dote[553] of his dowghter; whiche yf the offendar be nott able to pay, then aught the Civile Magistrat to punishe his body by some other punishement.
[553] In edit. 1621, ”the dowrie.”
And becaus that fornicatioun, huredome, and adulterye, ar synnes most commoun in this Realme, We requyre of your Honouris, in the name of the Eternall G.o.d, that severe punishement, according as G.o.d hath commanded, be executed against suche wicked offendaris;[554] for we doubt not but suche enorme crymes[555] oppenlie committed, provoketh the wrayth of G.o.d, as the Apostle speaketh, not onlie upoun the offendaris, but also upoun suche places as whair, without punishement, thei ar committed.
[554] In edit. 1621, ”wicked contemners.”
[555] In edit. 1621, ”such enormities and crymes.”
[Sidenote: AGGREIS TO THE HEAD OF MARIAGE.]
But to returne to oure formar purpose: Mariage owght not to be contracted amongis personis that have no electioun for lack of understanding; and thairfoir we affirm, that bairns and infantis can nocht lauchfullie be mareid in thair minor aige, to wit, the man within fourtene yeiris of aige, and the woman within twelf yearis, at the least. Whiche yf it chance any to have bene, and have keapt thair bodyis always separat, we can not judge thame bound to adhear as man and wyiff, by rea.s.sone of that promeis, which in G.o.ddis presence was no promeise at all. But yf in the yearis of judgment thai have embrased the one the other, then be rea.s.sone of thair last consent, thai have ratifeid that which otheris did promeise for thame in thair youth-head.[556]
[556] In edit. 1722, after ”in their youth-head,” is added, ”and are to be held as married persons.”
In a Reformed Churche, Mariage ought nott to be secreatlie used, but in open face and publict audience of the Churche: And for avoyding of dangearis, expedient it is that the bannes be publictlie proclamed thre Sundayis, (onles the persones be [so] knawin, that no suspitioun of dangear may arise, and then may the bannes[557] be schortned at the discretioun of the Ministerie.) But in no wyse can we admitt Mariage to be used secreatlie, how honorable that ever the personis be. The Sunday befoir sermon we think most convenient[558] for mariage, and it to be used no day ellis without the consent of the hoill Ministerie.
[557] In edit. 1621, ”may the time.”
[558] In edit. 1621, ”The Sunday before noon, we think most expedient.”
Mariage once lauchfullie contracted, may not be dissolved at manis pleasour, as oure maister Christ Jesus doeth witnesse, onles adulterie be committed; which being sufficientlie proven in presence of the Civil Magistrat, the innocent (yf thei so requyre) ought to be p.r.o.nunced frie, and the offendar aught to suffer the death as G.o.d hath commanded. Yf the Civile sweard foolischelie spair the lyeff of the offendar, yit may not the Churche be negligent in thair office, which is to excommunicat the wicked, and to repute thame as dead memberis, and to p.r.o.nunce the innocent partie to be at freedome, be thei never so honourabile befoir the warld. Yf the lyfe be spared (as it ought not to be) to the offendaris, and gif the fructis of repentance of long tyme appeir in thame, and gif thai earnestlie desyre to be reconceilled with the Churche, we judge that thai may be receaved to partic.i.p.atioun of the Sacramentis, and of the other benefits of the Churche, (for we wold not that the Churche sould hold those excommunicat whom G.o.d absolved, that is, the Penitent.)
Yf any demand, whether that the offendar after reconciliatioun with the Churche, may not marye agane? We answer, That yf thai can not leve continent, and yf the necessitie be suche as that thai fear farther offence of G.o.d, we can not forbid thame to use the remeady ordayned of G.o.d. Yf the partie offended, may be reconcilled to the offendar, then we judge that in nowyse it shall be lauchfull to the offendar to mary any other, except the partie that befoir hath bene offended; and the solempnizatioun of the latter mariage must be in the open face of the Churche lyke as the formare, but without proclamatioun of banns.
This we do offer as the best Counsall that G.o.d geveth unto us in so doubtsome a case. But the most perfyte Reformatioun war, yf your Honouris wald give to G.o.d his honour and glorie, that ye wold prefer his expresse commandiment to your awin corrupt judgmentis, especially in punisheing of those crymes whiche he commandeth to be punished with death. For so should ye declair your selfis G.o.dis treu and obedient officiaris, and your Commoun-wealth should be redd of innumerable trubles.
[Sidenote: _NOTA_]
We meane not, that synnes committed in our formar blyndnes, (whiche be almost buried in oblivioun,) salbe callit agane to examinatioun and judgment. But we requyre that the law may now and heirafter be so establisched and executed, that this unG.o.dlie impunitie of synne have no place within this Realme. For in the fear of G.o.d we signifie unto your Honouris, that whosoever persuadeth unto you, that ye may pardone whair G.o.d commandeth death, deceaveth your saulles, and provokes you to offend G.o.ddis Majestie.
OFF BURIALL.[559]
[559] In edit. 1722, Chap. XIV.