The Acts of Famous National Councils of the Reformed Churches in France, Introduction 2 · Section 12 · Chapter 13
CHAP. XIII. Of Marriages.
CANON I. SUch as are under Age ſhall not Contract Marriage without the Conſent of their Parents, or of thoſe other Perſons under whoſe power they be: Howbeit if their ſaid Parents ſhould be ſo unreaſonable as not to yield unto ſo ſacred and needful an Ordinance, yea and refuſe their conſent meerly out of hatred to Religion, the Conſiſtory ſhall adviſe the Parties to apply themſelves unto the Civil Magiſtrate.
CAN. II. Such as are of Years, and in poſſeſſion of their Eſtates, ſhall be admoniſhed by the Miniſter in the publick Church-Aſſemblies, not to make any Promiſe of Marriage but in the preſence of their Parents, Friends, Neighbours, and Perſons in reputation for Godlineſs. And ſuch as do otherwiſe, ſhall be cenſured for their lightneſs and contempt of the ſaid admonition. And it were very meet that thoſe Promiſes of Marriage were performed with ſolemn Prayers.
CAN. III. The Faithful that are of Age, although they have been Married, ſhall notwithſtanding ſo far honour their Parents, as not to Contract Marriage without having firſt acquainted them therewith, and in caſe of failure herein, they ſhall be cenſured by the Conſiſtory.
CAN. IV. Fathers and Mothers profeſſing the Reformed Religion, whoſe Children being Idolaters, would marry themſelves unto Idolatrous Women, ſhall be adviſed, if poſſibly they can do it, to hinder their ſaid Children from Contracting ſuch Marriages, eſpecially if they be not as yet emancipated from under their Authority: and Fathers ſhall employ their Paternal Power to prevent and hinder them; but and if they cannot ſo far prevail, yet at paſſing the Marriage Contracts, they ſhall proteſt their abhorrency of that Idolatry into which their Children will deeper plunge themſelves. And this being done, the Parents may conſent unto the Promiſes and Conditions about the Dowry and other ſuch like matters, and they ſhall give in evidence unto their Conſiſtory of thoſe endeavours they have uſed to hinder ſuch Marriages.
CAN. V. For time to come all Promiſes of Marriages, and Eſpouſals, ſhall be performed by words de futuro, which ſhall not be counted as indiſſolvible as words de praeſenti. Becauſe words de praeſenti do not ſo much promiſe Marriage, as in effect conſummate it. Yet nevertheleſs thoſe promiſes by words de futuro, ſhall not be diſſolved without very great and lawful cauſes. Wherefore the Custom of thoſe Churches is condemned, which celebrateth Eſpouſals (betrothings) by the Miniſtry and Benediction of their Paſtors, with gift of Body, and words de praeſenti. For by ſuch Solemnity the Parties are truly and actually conjoined in Marriage, ſo that the Banes are prepoſterous, and publiſhed after the Marriage is Conſummated, and a ſecond Benediction is rendred needleſs and ſuperfluous. True indeed 'tis not thought evil, that Paſtors ſhould aſſiſt at Eſpouſals, and pray and exhort the Parties unto mutual love, faithfulneſs, and the fear of God, provided that they forbear all other formalities, which are of none other uſe than to make a Bond indiſſolvible, which oftentimes we are conſtrained to break again upon oppoſitions made when the Banes are publiſhed, and becauſe of other accidental hinderances. For theſe reaſons alſo thoſe Churches which ſolemnize Eſpouſals in their Temples with the ſame publick Benediction as at Marriage, are exhorted to lay down this their Cuſtom, and to conform themſelves unto our Churches in all the other Provinces of this Kingdom. N. B. The addition unto this Canon, which is Printed in another Character, is only found in my Pariſian and Quevilly Editions of the Diſcipline, yet grounded upon very many Acts of ſeveral National Synods. See Syn. of Poictiers Art. 2. of Partic. Matters, 1560. The Syn. of Saumur, 1597. Art. 25. concerning Obſervations upon the Diſcipline. The Synod of Privas, 1612. Art. 9. of Obſervations upon the Diſcipline. The Syn. of Alez, 1620. Art. 14. of Obſervations upon the Diſcipline.
CAN. VI. In Conſanguinities and Affinities the faithful may not Contract Marriage, but with the Kings Licence, according to the Edict.
CAN. VII. It is utterly unlawful to Petition the Pope for a Diſpenſation of the Impediments of Marriage, which is already, or may be hereafter accompliſhed; becauſe in ſo doing there would be an owning of his Tyranny: Yet we may warrantably addreſs our ſelves unto the King for a Diſpenſation in degrees not prohibited by God, nor by the Civil Government.
CAN. VIII. Spiritual Kindred, as they be called, are not at all comprehended nor underſtood by thoſe words of Conſanguinity and Affinity in the Kings Edict, nor do they hinder any Marriage-Contracts.
CAN. IX. It is not lawful for any Man to Marry the Siſter of his Deceaſed Wife; for ſuch Marriages are prohibited, not only by the Laws of the Land, but by the word of God. And although by the Law of Moſes it was ordained, that when the Brother died without Children, his Brother ſhould raiſe up Seed unto him, yet that Law enacted for the Children of Iſrael was temporary, relating only to the preſervation of the Tribes of that People. But the Marriage of a Siſter of a Betrothed and Deceaſed Wife, is of another Nature; becauſe that Alliance was not Contracted by a Commixture of Blood: therefore ſuch a Marriage may be admitted and approved. Yet notwithſtanding all poſſible care ſhall be taken, that neither the Civil Magiſtrate, nor weak Chriſtians may be offended.
CAN. X. A Man may not marry the Mother of his Deceaſed Spouſe, to whom he was betrothed, without an Order from the Civil Magiſtrate, which ſhall be waited for both by the Paſtor, and the Parties Contracting that Marriage. N. B. This last Clauſe of the Canon is only in my Pariſian and Quevilly Editions.
CAN. XI. Likewiſe a Man may not marry his Wife's Aunt, ſuch a Marriage being Inceſtuous; and although the Magiſtrate ſhould permit it, yet ſhall it not be Solemnized in our Aſſemblies. And therefore all Paſtors are carefully to keep themſelves from it. And by parity of reaſon the Marriage of an Uncle with his Niece, or with the grand Niece of his deceaſed Wife, is alſo Inceſtuous.
CAN. XII. Although Civility and Decency may oppoſe the Marriage of a Man with the Widow of his Wife's Brother, yet in caſe the Civil Magiſtrate do authorize the Contract, the Churches ſhall not make any difficulty to bleſs ſuch a Marriage. Provided, that there be good evidence that the ſaid Contract hath been firſt allowed and approved by the authority of the Civil Magiſtrate. N. B. Theſe laſt Clauſes of this Canon Printed in another Character, are only in my Editions of Paris and Rouen.
CAN. XIII. No Man after his Wife's Death ſhall marry her with whom he had committed Adultery during her Life; unleſs that ſuch a Marriage were authorized by the Civil Magiſtrate.
CAN. XIV. Foraſmuch as the principal end of Marriage is to procreate Children, and to avoid Fornication, the Marriage of an Eunuch, that is ſo known, ſhall not be admitted nor ſolemnized in any of our Reformed Churches.
CAN. XV. All Marriages ſhall be propounded unto the Conſiſtories with a ſufficient Certificate of the Promiſes.
CAN. XVI. The Banes of Matrimony ſhall be publiſhed in thoſe places where the Parties dwell: and if they have a mind to celebrate their Marriage elſewhere, they ſhall carry with them a ſufficient Certificate, that the Banes have been thrice publiſhed.
CAN. XVII. The Banes ſhall be publiſhed on three Sabbath-Days following in thoſe places where the Word of God is Preached, and in other places when as Common-Prayers are read. However it be, yet there ſhall be the ſpace of fifteen days between the Publication of the Banes, and the Solemnizal of the Marriage in the Congregation, which may be performed on the third Sabbath.
CAN. XVIII. Such as live in thoſe places, where the publick Exerciſe of Religion is not eſtabliſhed, may cauſe their Banes to be publiſhed in the Popiſh Churches, becauſe it is a matter purely Political.
CAN. XIX. The Churches ſhall not ſuffer any Perſons to be Married without an ample knowledge and approbation of them.
CAN. XX. If one of the Parties be of a contrary Religion, the Marriage-Promiſes ſhall not be received nor publiſhed in the Church, unleſs that Party of the contrary Religion have been ſufficiently inſtructed, and have publicity proteſted in the Church of that place where the ſaid Party ſhall be known, that from a good Conſcience he doth renounce all Superſtition and Idolatry, and particularly the Maſs, and that he will through Divine Grace perſevere the reſidue of his days in the pure worſhip of God: of which inſtruction the Conſiſtory of that Church ſhall take Cogniſance, in which that Proteſtation ſhall be made. And it ſhall not be lawful for any Paſtor or Conſiſtories to do otherwiſe, on pain of being Suſpended, yea, and depoſed from their Offices.
CAN. XXI. If one of the Parties, who would Marry, be Excommunicate, the Marriage ſhall not be permitted to be Solemnized in any one of our Churches, unleſs that the Excommunicate Perſon ſhall have acknowledged and done Penance for his Offences. But as for ſuſpended Perſons from the Lords Table, the Conſiſtories may permit them to marry, notwithſtanding their Suſpenſion, but yet not without taking Cogniſance of their Cauſe.
CAN. XXII. The Banes of Widows who deſire to marry again, ſhall not be publiſhed in the Church, till at leaſt ſeven Months and an half be expired after their Husbands Death; that ſo all Scandals and Inconveniencies, which might afterwards fall out, may be prevented, unleſs in ſuch a Caſe in which the Civil Magiſtrate hath interpoſed his Judicial Sentence to the contrary.
CAN. XXIII. All Marriages ſhall be publickly Solemnized in the Religious Aſſemblies of the Faithful, according to the word of God, and by the Miniſtry of the Paſtors, and not of any others. N. B. That middle Clauſe in another Character, is only in my Pariſian and Quevilly Editions of the Diſcipline.
CAN. XXIV. For the good order of our Churches no Marriage ſhall be Solemnized on thoſe days in which the Sacrament of the Lord's Supper is Adminiſtred. And this Canon ſhall not be broken but upon very great Conſiderations, of which the Conſiſtory ſhall take Cogniſance. Moreover no Marriages ſhall be Solemnized on Days of publick Prayer and Faſting.
CAN. XXV. Such as being betrothed ſhall cohabit together as Man and Wife, before they be lawfully and ſolemnly Married, whether their offence do come to light before or after the Solemnizal of the Marriage, they ſhall do publick Penance for this their Offence, or at leaſt they ſhall acknowledge it before the Conſiſtory, either way as the diſcretion of the Conſiſtory ſhall appoint. And if it be diſcovered before Marriage, then ſhall there upon the Wedding day, before they do proceed to compleat the Marriage, be ſuch Ceremonies and Cenſures uſed as the Conſiſtory ſhall judge fitting; unleſs thoſe Perſons had cohabited together in the days of their Ignorance, without deſpiſing or contempt of our Church-Government. And thoſe alſo who cohabited as Man and Wife, when as there was no Church erected in the places of their Habitation, or in the Province, and all theſe ſhall only be called into the Conſiſtory, that ſo their Marriage may be ratified and Celebrated in the Church of God, if the Conſiſtory ſhall judge it to be expedient.
CAN. XXVI. That thoſe inconveniencies may be avoided which fall out through overlong delays of Solemnizing Marriages, the Parties, and thoſe Perſons under whoſe power they are, ſhall be adviſed not to defer the Conſummation thereof any longer than ſix Weeks after publication of the Banes, if it be poſſible.
CAN. XXVII. All Marriages ſhall be Regiſtred, and carefully kept in the Church-Books.
CAN. XXVIII. The Faithful, whoſe Partners are convicted of Adultery, may be admoniſhed to a reconcilement with them: but in caſe they will not do it, that Liberty, which God in his holy Word hath granted them, ſhall be declared to them. But if it be the hap of a Church-Officer, he ſhall not take his Wife again, or if he do, he ſhall lay down his Office.
CAN. XXIX. This courſe ſhall be taken about Divorces for Adultery. The Innocent wronged Party ſhall proſecute at Law, before the Civil Magiſtrate, the Delinquent ſo long, till that by his definitive Sentence, and final Judgment, ſhe be duly Convicted; which Sentence the wronged Party ſhall produce before the Conſiſtory, and then the Conſiſtory ſhall declare unto him that Liberty, which God in his holy Word hath given him. But in regard of our preſent difficulties, the Miniſters of this Kingdom are adviſed not to re-marry the ſaid Parties, to whom this Liberty of providing themſelves elſewhere hath been granted. And as for the Delinquent Party, there ſhall be very great and mature Deliberation uſed, before ſhe have any Liberty at all allowed Her.
CAN. XXX. If it ſhould fall out that after Marriage-Promiſes have paſt, and before its accompliſhment, a betrothed Woman be found to have played the Whore, either before or after the ſaid Promiſes, and that it was unknown to him, who had promiſed her Marriage, a definitive Sentence being given by the Magiſtrate upon it, the Conſiſtory may proceed to bleſs a new Marriage. And the betrothed Woman ſhall have the ſame Liberty, if it be found that her betrothed Husband had committed Fornication after he had made her Promiſes of Marriage.
CAN. XXXI. Women whoſe Husbands are gone away, and have abſented themſelves a long time about Mercantile affairs, or for other Cauſes, if they demand Licence to be Married again, they ſhall have recourſe unto the Civil Magiſtrate.
CAN. XXXII. As for the Wives of Prieſts and Monks, who turn Apoſtates, and return unto their old Idolatry, chanting Maſſes, or re-entring into their Cells, from which they had formerly departed, they ſhall be admoniſhed not to cohabit with their ſaid Husbands during their Apoſtaſie, that God's Ordinance of Marriage may not be loaden with reproach and infamy, nor may they marry any other, until ſuch time as their firſt Marriage ſhall be diſſolved by the Civil Magiſtrate.