[549] In edit. 1722, Chap. XIII.
Becaus that Mariage, the blessed ordinance of God, in this cursed
Papistrie hath partlie bene contempned; and partlie hath bene so
infirmed, that the personis conjoyned could never be assured 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 cuming may be best avoyded.
[550] In edit. 1621, "assured 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 assistance, how that motioun, which thei judge to be
of God, 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
God. 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 God, 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 God aught not to be hyndered by the corrupt affectionis of
worldlie men. The work of God we call, when two heartis (without
filthynes befoir committit) 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 God to compell the man that did that injurie to
marie his dowghtter; or yf the father will not accept him be reassone
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 God, that severe punishement, according as God hath
commanded, be executed against suche wicked offendaris;[554] for we
doubt not but suche enorme crymes[555] oppenlie committed, provoketh
the wrayth of God, 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 reassone of that promeis, which in Goddis presence was
no promeise at all. But yf in the yearis of judgment thai have
embrased the one the other, then be reassone 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
pronunced frie, and the offendar aught to suffer the death as God 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 pronunce 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
participatioun of the Sacramentis, and of the other benefits of the
Churche, (for we wold not that the Churche sould hold those
excommunicat whom God 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 God, we can not forbid thame to use the remeady ordayned
of God. 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 God geveth unto us in so
doubtsome a case. But the most perfyte Reformatioun war, yf your
Honouris wald give to God 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 Godis 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 ungodlie impunitie of synne have
no place within this Realme. For in the fear of God we signifie unto
your Honouris, that whosoever persuadeth unto you, that ye may pardone
whair God commandeth death, deceaveth your saulles, and provokes you
to offend Goddis Majestie.