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Offerings, if there be any to be demande They are Parishioners in all Respects, but only that they are not liable to be kept by the Parish, if they fall into Poverty. Nor does the Law say, that any Man is made liable to be kept by a Parish, because he was there Married by Banns : Nor does it appear, that these Temporal Laws, relating to the Poor, were intended to alter the Laws of the Church, which by Cu. ftom and Canon has all along permitted, and requir’d Persons to have the Banns publishid, and the Marriage celebrated where the Parties dwell, or are commorant. See Can. 62. in Latin and Englifh. And the Rubric before Marriage is to the same purpose, viz. If they dwell in divers. Parishes, Si degunt in diversis paræciis, says the Old Latin Translation ; si vivunt, says the New : But, for Caution's fake, the Minister in publishing the Banns, may say, N. of this par rish Sojourner.
As to Persons that hire to the value of 10l. per An. in any Parish, or whose Settlement there is no occasion to dispute, I suppose there can be no doubt but that they are Parishioners from the. first Day of their coming into any Parish. By Stat, 13, 14 Car. IIC. 12- Forty Days were re. quir'd to make one a Parishioner, in cafe he did not hire sol. per An. value, and by the 3d and 4th of W. and M. these 40 Days Mall not commence, till after the Person's Name be publish'd ' in the Church. But these Acts only relate to
Poor Perfons, or such as are like to become a Parish Charge ; and yet even these, as has been faid, during their abode there, are Parishioners as to the Curate. For no other Clergyman can
regularly administer Sacraments, or perform other Divine Offices to such a person, so long as he continues within the said Parish. By the Ca. non Law, a Traveller (says Lyndwood, L. 3. T. 15.6. Altissimus v. peregrinantes) is a Pari. shioner of every Church he comes to, and the Spia. ritual Courts act by this Rule (if by any) when they grant a License to a Man to be married, that has not been 24 Hours within their Juris. di&tion, and in their Licenses write Seamen of that Parish, or Port, where they last landed,, or where they lodg'd perhaps the Night before.
Some Clergymen have been summond and, corrected in the Spiritual Courts for marrying Persons in Churches where the Banns, were not; alk'd, and to which the Parties married did not belong as Parishioners; tho' they had a Certificate of the Banns being publih'd under the Hand of the Minister, or Ministers, whose Parishioners they were : And indeed this was for. bid by ancient Canons, as well as by our present. 62 Canon : But then the License of the Curate, whose Parishioners they were, was sufficient by the Constitution of Archb. Stratford, L. 5. T. 1. c. Humana, which, for ought that appear, is still in force ; but then the Curate must do more than certify the Publication of Banns, he must exprefly, under his Hand, give leave to the Par. ties to be married in another Church, and to the Gurate of that other Church to marry them.
And indeed by the Constitution of Archbishop Peckham, Altifimus, every Curate may license his Parishioner to Communicate elsewhere.
By the Canons, both ancient and modern, it is well provided, that Marriage shall be celebra
ted in facie Ecclefiæ, or in time of Divine Service; but this Practice is now, as't were, by universal Consent, laid aside. Yet one Question commonly askt by Judges in Cafes of this fort, is, Whether the Church Doors were open, during the Time of the Solemnity.
Twas an ancient Custom, and a very good one, that Marriage should be performed in no other Church, but that to which the Woman belonged as a Parishioner; and therefore to this Day the Ecclefiaftical Law allows a Fee due to the Curate of that Church, whether she be married there or not. And this Fee was exprefly referv'd for him by the Words of the License, according to the old Form, which is not yet disused in all Dioceses : But’tis said, that Judg. inent has been otherwise given in the Temporal Courts. But I am apt to think, that the Reafon, why Temporal Judges have allow'd no such Fee to be due, is, that it has been claimed by virtue of the Canon Law: Whereas, if it. were demanded as due by Prescription, or Immemorial Custom, within such a Parish, or larger District, and this Custom well proved, there is Reason to believe, that the Temporal Courts would allow of this Plea: For Custom is Common Law.
Our Canons do not allow any to be married in private Houses, or any other Time of the Day, but between Eight and Twelve in the Forenoon. And the Bishops seldom or never dispense with these Canons here, as they often do in Ireland.
We might right well, says the Great and Judi. cious Mr. Hooker, L. 5. fect. 73. * think it ab. surd to see in the Church a Wedding on the Day of a Publick Faft ; therefore no regular Clergyman marries any by Banns during the Solemn Time of Lent ; when good Christians ought to be engaged in more serious and heavenly Businefs ; and even when a License comes, and the Café is somewhat extraordinary, yet he can scarce ever get his own Consent, to the doing fo unagreeable a thing.
But the Proctors, and some Almanack-makers tell Clergymen, that Marriage is out from Advent-Sunday, till the Oétaves of Epiphany ; from Septuagefima-Sunday, to Low-Sunday ; and from Rogation to Trinity-Sunday ; and that therefore, during those Times, they must marry none without License: But this is a harder Précept than that of the Church of Rome, which only obliges Persons not to marry from AdventSunday till Twelfth-ride, and from Ash-Wednesday to Low-Sunday. See 24 Sel: Conc. Trident. Decret. Reform. Matrimon. cap. 10. and the Rituale Rom. Ord. Matr. 'Tis true, Lyndwood more than once in his Gloff. mentions these prohibited Times, but from whence he took this Rule did not formerly appear to me : But this Point is now very clear. The Romish Ritual, before the Council of Trent, had caused an al teration in this particular, had these words in the Ordo ad faciendum Sponfalia, viz. Thom
* He mentions indeed Times in which the Liberty of Marriage is reftrain’d; but bis Rea"Sons affect real Fasting-Days only.
Espousals may be made at any time, and Mao la the trimony also in private, by giving Consent only; mient yet the giving of Wives, and the Solemnity of cation Marriage is probibited at certain Times, viz. fte ju from Advent to Twelfth-tide, from Septuage.php fima to Low-Sunday, from the Sunday before DalaAscension to Trinity-Sunday.
It is evidentia Sc then that the Obligation to forbear Matrimony kor at these Times was wholly grounded on this ar bal Rubric. But now this whole Ordo is entirely , abolish’d, by the several Acts of Uniformityba made in the Reigns of Edw. VI. and Queen Eli Elizabeth; but especially by Stat. 3, 4 Edo. VI. C. 10. where it is enaĉed, Thar all Books beretofore made for the Service of the Church, liga other than such as Mall be set forth by the ti to King's Majesty, Jhall be by the Authority of stare tbis present Act extinguish'd, and forbidden to Station be used, or kept in this Realm. "Tis true, this led t A& was repealed by Stat. 1 Mariæ fef. 2.6.2. klime this Rubric is not now in force in the Church the ET but reviv'd by Stát. 1.7acob. I. c. 25. And of Rome itself.
The very Learned Bishop Gibson, Code Fuma P: 518. informs us, that in Parliament, 17 of
Elizabeth, a Bill was depending, Entituld, An Act declaring Marriages lawful at all Times. And that in Convocation, A.D. 1575. the last Article presented to the Queen for Confir- ford mation, but rejected by her, was, That the Bishops shall take order, that it be published, and declared in every Parish Church, That Marriage may be folemnized at all times of tbe. Year. It was sufficient Grounds for a Deo Nit do claratory Law, that many Inferior Ordinaries