ed is not thereupon warranted to desert or put away the other party who continues blind, 1 Corinthians vii. 13, 14. And by can. 31. Concilii Laodiceni, "Quod non oportet cum omni hæretico matrimonium contrahere, vel dare filios aut filias, sed potius accipere si se Christanos futuros profiteantur." And by the 20th article, cap. 13. of the French Church Discipline, when one of the parties is of a contrary religion, the purposes of marriage shall not be published in the church, until the party doth publicly profess in the church, that with full resolution he renounceth all idolatry and superstition, particularly the mass; and if any pastor or consistory do otherwise, they may be suspended or turned out of their office: thus difference in religion justly impedes but doth not annul marriage.

10. If parties delay their marriage forty days after proclamation, they are to be put to the renewing of the same before they be married; and the French Church Discipline, cap. 13. art. 26. doth recommend not to delay the celebration, after proclamation of banns, above six weeks, to prevent inconveniences and ill consequences. The resiling of parties after proclamation, is commonly called among us, a scorning of the kirk, though the injury or affront redounds mostly against themselves, and not so much upon the congregation. Indeed, if it could be known that parties never had a serious purpose for marriage, but only from a profane making and vain temper, had desired themselves to be proclaimed; in this case, they deserve to be treated as mockers of God and his people. There are other ways whereby God and his church may be mocked, when persons, who be sound in body and mind, are given up to be minded in the public prayers of the church, when they are truly distressed in neither, the authors of which mocking and forgery deserve to be proceeded against with the censures of the church.

11. Adultery and wilful desertion do not annul the marriage on any absolute necessity, but they are just occasions upon which the persons injured may annul it, and be free; otherwise, if they please to continue, the

marriage remains valid, excepting when the adultery is committed or accompanied with incest, as if a man should lie with his wife's sister, in which case the wife cannot free herself from the scandal of incest, if she, after knowledge thereof, continue to cohabit with him as her husband. And by the Parl. 1573, cap. 55, it is ordered, that the deserter, after four years wilful desertion without a reasonable cause, must be first pursued, and decerned to adhere, and being thereupon denounced, and also after private and public admonitions by the church, excommunicate, the commissaries are warranted to proceed to divorce. But simple absence will not be accounted wilful desertion, if he be following any lawful employment abroad. In case then, a party be out of the country, I see not how this order can be used and proceeded in, unless it were sufficiently verified and made appear, that he knew of his being cited before their consistorial courts, and that his absence was wilful and not necessary.

12. A party divorced for adultery may marry again, so it be not to those with whom the adultery, upon which the divorce proceeded, was committed: for marriage between such is declared null, and the issue inhabile to succeed to their parents as heirs, Parl. 1600, cap. 20; yea, it seems agreeable to equity and reason, that where adultery was proven, albeit no divorce ensued, in that case the adulterers cannot marry together. Which agrees with the Civilians, that, "Dolus malus facit cessare quodcunque privilegium, fraus enim nemini debet patrocinari imo punienda."

13. Marriage contracted with a woman ravished or violently taken away and still reclaiming, is annulled from the beginning: See Mackenzie et Mathæus de Raptu. And to this agrees that forecited book of the ecclesiastical laws of England, cap. 12. De Matrimonio. But I am sure it is unjust to treat their children as sons of whores; see lib. 3. tit. Ravishers of women.

14. After banns have been lawfully proclaimed, and none found objecting against the marrirge, the same may thereafter be celebrate in private houses, before witnesses, as the custom is now become, upon any week-day,

not being a fast-day. Albeit by the Directory for worship, it is publicly to be solemnized in the place appointed by authority for public worship, before a competent number of credible witnesses, and they advise that it be not on the Lord's day. I am sure, seamen who are to loose and go to sea on Monday, may marry on the Saturday as well as on the Sabbath before.

15. Marriage without proclamation is discharged, as having dangerous effects, excepting where the presbytery, in some necessary exigencies, dispense therewith, Assembly 1638, sess. 23. art. 21; Assem. 1690, sess. 12. Before any proclamation of barns be made, the names of parties, and their parents, tutors, or curators, are to be given up to the minister, that the consent of friends may be known; and the proclamation is to be made before divine service begin, for three several Sabbaths; the parties named being designed as fully as they use to be in writs or contracts of marriage, and in collegiate churches, the proclamation is to be in every church of the town, Assem. 1699, sess. 5. By the 18th art. 13th cap. of the French Church Discipline, those who live in places where the usual exercises of religion is not established, may cause their banns to be published in Romish churches, in as much as the matter is partly of a political nature. And by the 22d article of that chapter, the banns of widows who remarry shall not be published in the church, till seven months and two weeks, at least, after the decease of their former husbands, to avoid the scandals and inconveniences that may happen by it, unless it so hap pen that the magistrates order may interpose to the contrary.

16. One may be clandestinely married, either when banns are not proclaimed, or when the marriage is celebrated by one not ordained and admitted by the church, nor authorised by the state. By our acts of Parliament William's Parl. sess. 5. cap. 12. the persons clandestinely married, may now be prosecuted by every procurator fiscal. And by cap. 6. sess. 7. Parl. King William, persons clandestinely married, are obliged, when required, to declare the name of the celebrator, and witnesses,

under the pains following, viz, each nobleman £2000, the landed gentlemen 2000 merks, any other gentleman or burgess £1000, and any other person 200 merks, and to be imprisoned till they declare and pay. The celebrator is punishable by the council, not only with banishment, but in such pecunial or corporal pains as they shall think fit; the witnesses are made liable in the sum of £100. None of the parties (if both be residing in Scotland) shall get themselves married in England, or Ireland, without proclamation of banns in Scotland, and against the order of the kirk, under the pains as aforesaid, which are always without prejudice of kirkcensure. And there is no doubt they should be rebuked as unnecessary transgressors of a very comely and rational church-order.

17. By the form of solemnization of matrimony, prescribed by the church of England, in the Book of Common Prayer, if any man upon the day of marriage, do allege and declare any impediment, why the parties may not be coupled together in matrimony, by God's laws, and the laws of the realm, and will be bound, and sufficient sureties with him, to the parties, or else put in a caution (to the full value of such charges as the persons to be married do thereby sustain) to prove his allegation; then the solemnization must be deferred until such time as the truth be tried.

18. After the purpose of marriage hath been orderly published, the minister is first to pray for a blessing upon the parties appearing to be married; which being ended, he is briefly to declare unto them out of the Scripture, the institution, use, and ends of marriage, with the conju gal duties. Then he is solemnly to charge the persons to be married, that they would answer as in the sight of God, to whom they must give a strict account at the last day, that if either of them know any cause, by pre-contract or otherwise, why they may not lawfully proceed to marriage, that they now discover it. The minister, if no impediment be acknowledged, shall cause first the man take the woman by the right hand, saying these words, "I, N. do take thee N. to be my married wife, and do,

in the presence of God, and before these witnesses, promise and covenant to be a loving and faithful husband unto thee, until God shall separate us by death." Then the woman shall take the man by the right hand, saying these words: " I, N. do take thee N. to be my married husband, and I do, in the presence of God, and before these witnesses, promise and covenant, to be a loving, faithful, and obedient wife unto thee, until God shall separate us by death." Then without further ceremony, the minister shall pronounce them to be husband and wife, according to God's ordinance, and so conclude the action with prayer.

19. By the Directory for worship on this head, a register is to be carefully kept, wherein the names of the parties so married, with the time of their marriage, are forthwith to be fairly recorded, for the perusal of all whom it may concern. And that the registers of bap tisms and marriages may bear the greater faith, it is fit they be subscribed on each page by the minister; or, in a vacancy, by two elders, and the clerk of the session.

TITLE VI.

Of Visitation the Sick.

1. We are admonished by the Apostle Paul, 1 Cor. x. 32. to give offence neither to the Jews, nor to the Gentiles, nor to the church of God. By the 41st canon, Concil. Carthagin. " Clerici ad viduas vel virgines non ingrediantur, sed cum con-clericis, vel ubi adsunt clerici, vel aliqui bonæ existimationis Christiani." And by the act of Assembly August 24. 1647. sess. 19. art. 13. sometimes the person troubled may be of that condition, or that sex, that discretion, modesty, or fear of scandal, requireth a godly grave friend to be present, when the pastor is visiting the troubled person.

2. It is the minister's duty to admonish, exhort, reprove, and comfort those committed to his charge, upon all seasonable occasions, so far as his time, strength, and personal safety will permit. The people are often ta