pronounced, unless it be for more commodious order, and in other cases of necessity.

22. The last table, after they have received, ordinarily sitteth still, to avoid any trouble by going to their own places. Then the minister goes to the pulpit, where, in a few words, he putteth them in mind of the grace of God in Jesus Christ, held forth in this sacrament, and exhorts them to walk worthy of it. Then he gives solemn thanks to God for his rich mercy in Jesus Christ, begs his pardon for the defects of the whole service, and intreats his assistance to walk as becometh those who have received so great pledges of salvation, and then concludes with the usual petitions in the public prayers of the church. Af ter prayer, all join in singing a part of a psalm suitable to the occasion, and are dismissed with the blessing.

23. In the manuscript acts of Assembly, there is an act, Dec. 1562, appointing the communion to be celebrate four times a year in towns, and twice a year in country parishes; yea, it was administered then once a month, as may be seen by the old Discipline bound in with the old Psalms and Forms for Prayer in Mr Knox's time. And by the 14th art. cap. 12. of the French Church Discipline, it is recommended to their national synod, to give directions about the more frequent celebration of the Lord's supper, and their custom then was four times a year. But our acts of Assembly 1638, sess. 23. act. 12, act 19. of Assem. 1701, and Directory for Worship, do only recommend the frequent celebration of the Lord's supper: But how often is to be determined by the kirksessions, as they shall find most convenient for the people, their comfort and edification. These recommendations seem to be treated with little or no regard among us; for as yet, so far as I know, not one parish hath celebrate it once more than ordinary upon their account. am sure, if they would have it but once a year, yet parishes in the neighbourhood may so correspond, as to have it in that bounds all the months of the year, which will sup ply the want of its frequency in one parish, at least unto such as may well travel unto their neighbour churches. 24. By the act James VI. Parl. 3. cap. 24. sub fin.

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the parsons of all parish kirks are to furnish bread and wine to the communion so oft as it shall be administrate. And by the act of Assembly 1638, sess. 23. art. 12. where the minister of a parish has only allowance for furnishing communion elements once a year, it is de clared, that the charges should rather be paid out of that day's collection, than that the congregation want the more frequent use of the sacrament. Spanhemius, in his Introduction to Sacred History, tells us, that in the second century, the Lord's supper was then expressed by several names, and among others it was called the Oblation, from the people's offering the bread and wine. And truly, if the people were desired to contribute money for that end, it were but reasonable, and not to be grudged, even though it were but once a year celebrated, where the minister has no allowance even for that once, and wants likewise a legal maintenance, allocated and secured unto him. But where the communion is but once a year, and the minister hath a legal stipend secured to him, he ought to be discharged to take or defray the expenses of the elements out of the money given and mortified for the use of the poor; and this practice is rendered yet the more scandalous and inexcusable in parishes where this sacrament is but once a year celebrate, and where there be colleagues, who have both legal stipends. The sum ordinarily modified for communion elements doth not exceed fifty merks Scots, which the heritors are liable yearly to pay, although the communion be not administrate in the parish, providing the minister offer to apply it for the use of the poor.

TITLE V.

Of the Solemnization of Marriage.

1. Matrimonium is defined by Modestinus to be, " Maris et fœminæ conjunctio, et omnis vitæ consortium, divini et humani juris communicatio," i. e. the conjunction of man and woman to be comforts for all their life, with a communication of rights divine and human.

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By the laws of the Church of England, as they are reformed by Henry VIII. and Edward VI. in the latter edition printed at London 1641, marriage is defined, Legitimus contractus mutuam et perpetuam viri cum fœmina conjunctionem, Dei jussu inducens et perficiens; in quo tradit uterque alteri potestatem sui corporis, vel ad prolem suscipiendam, vel ad scortationem evitandam." Nuptia are sometimes taken pro ritu nuptiali, for wedding ceremonies.

2. The sponsalia, or espousals, "Sunt mentio et repromissio futurarum nuptiarum," or, "De futuro matrimonio." It is only a consent de presenti that makes marriage: but the consent de futuro, which is given at the contract of marriage, or proclamation of banns, is only the espousals, which are premised to marriage; it being so solemn an act, should be performed with due deliberation. By the civil law and custom of this nation, there is place, rebus integris, for either party to repent and renounce the espousals. See Stair's Instit. p. 25. And by the 9th art. cap. 13. of the French Church Discipline, though it be prohibited to marry the sister of the deceased, yet it doth not condemn marrying the sister of one contracted that is dead, because it supposes that an alliance is not consummated but by commixion of blood or sex. See the Commentary on that article.

3. Marriage ought not to be within the degrees of consanguinity or affinity, forbidden by the eighteenth chapter of Leviticus. The man may not marry any of his wife's kindred nearer in blood than he may of his own, nor the woman of the husband's kindred nearer in blood than of her own, (see the Confession of Faith,) otherwise the marriage may be declared to have been null. A man may marry any of his wife's allies, or a woman any of her husband's allies, "nam non datur affinitas affinitatis."

4. Marriage being ordained for the increase of mankind, and for preventing of uncleanness, persons naturally impotent are therefore incapable to marry. Yet by the laws of the Church of England, as reformed by King Henry VIII. and King Edward VI. De Matrimonio, cap. 7. their canon runs thus; " Verum si nota sit utrique per

versitas, et tamen mutus perducet de matrimonio consensus, nuptiæ procedant; quoniam volentibus nulla injuria potest fieri."

5. Those who cannot consent, cannot marry, such as idiots and furious persons, durante furore; neither they who have not the use of their reason, as infants and those under age, who are not come to the use of discretion, that is when the person is within the years of pupillarity, commonly established in law to be fourteen in males, and twelve in females, nisi malitia suppleat ætatem, which without further probation declares them to be arrived at that discretion which fits them for marriage.

6. If it be asked, whether the consent of parents, curators, or nearest friends in their place be essential to marriage? the common sentence will resolve it, " Multa impediunt matrimonium contrahendum, quæ non dirimunt contractum." So that their consent becomes necessary, as it were, "necessitate præcepti, sed non necessitate medii." And by an overture of Assembly June 4. 1644, it is proposed to be considered on, and reported by the presbyteries, that promises of marriage made by minors, to women with whom they have committed fornication, be declared null and of no effect; especially when the youth is not willing to observe the same, because his parents threaten him with the loss of their blessing and of his birth-right. This is proposed as being agreeable to the word of God.

7. Errors in the substantials make void the consent, unless future consent supervene, as it did in Jacob, who supposed that he had married and received Rachel, but by mistake got Leah; yet was content to retain her, and to serve for the other also: but errors in qualities or circumstantials vitiate not, as if one supposing he had married a maid or chaste woman, had married a whore, according to Stair's Institutions, page 26. Yet by Deuteronomy xxii. 21, that error seemeth to be accounted substantial; for, by that text, a woman so deceiving a man was to be put to death; and by the 38th art. cap. 13, French Church Discipline, if it should happen, that after contracts and promises made, and before the accom

plishment of marriage, the bride is found to have com mitted fornication, before or after the said promises, and that it was unknown to him who had promised her marriage, the consistory may proceed to a new marriage; and the bride shall have the same liberty, if it be found that the bridegroom has been guilty of fornication before the said promise. By the 5th art. cap. 24. of our Confession of Faith, that case is only determined thus far, viz. adultery or fornication committed after a contract, being detected before marriage, giveth just occasion to the innocent party to dissolve that contract, and they support this from that Scripture, Math. i. 18, 19, 20.

8. Parties cannot be married without they be known to be single persons, either by the minister's own proper knowledge, or by a testimonial from some minister, elders, or session, bearing the same: but albeit they cannot procure a testimonial in common form, through their be ing scandalous, yet the benefit of marriage cannot be denied them after the proclamation of banns. But by the 21st art. cap. 23, of the French Church Discipline, if one of the parties who desire to be married is excommunica ted, the marriage shall not be admitted in the church, unless the excommunicate person make confession of his faults; but those that are suspended from the Lord's supper they allow to be married.

9. By the 3d article, chap. 24, of our Confession of Faith, such as profess the true reformed religion, should not marry with Infidels, Papists, or with other idolaters, or with such as maintain damnable heresies. And in pursuance of that, by an overture of the Assembly 1701, the transgressors were to be excommunicated. But our statesmen disliking the same, this overture in the Assembly 1704, act 22, issued only in a recommendation. By the 72d canon Concilii sexti in Trullo, it is determined thus: "Non licere virum orthodoxum cum muliere hæretica conjungi, neque vero orthodoxum cum viro hæretico copulari, sed et si quid ejusmodi ab ullo ex omnibus factum apparueret, irritas nuptias existimare et nefarium conjugium dissolvi." But if two infidels marry, and one of them becometh Christian, the person convert