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162

A MARRIAGE by BILL of EXCHANGE.

April

The London correfpondent read over and over the odd article, which put the future fpoufe on the same foot with the bales of goods he was to fend to his friend; and after ad

miring the prudent exactness of the

The following humourous Adventure of a Marriage negotiated by Bill of Exchange, in one of the English and in America, was received by a Vej A American, and his laconick stile, in fel lately arriv'd from Jamaica. Dated, Kington, Jan. 26, 1750-1.

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Merchant originally come from London, having acquired a great fortune in that ifland, concluded with himfelf he could not be happy in the enjoyment of it, unless he B hared it with a woman of merit; and knowing none to his fancy, he refolved to write to a worthy correfpondent of his at London. He knew no other ftile than that he used in his trade; therefore, treating affairs of love as he did his bufinefs, C after giving his friend in a letter feveral commiflions, and referving this for the laft, he went on thus: "Item, feeing that I have taken a refolution to marry, and that I do not find a fuitable match for me here, do not fail to fend by next ship bound hither, D a young woman of the qualification and form following: As for a portion, I demand none; let her be of an honeft family; between 20 and 25 years of age; of a middle ftature, and well proportioned; her face agreeable, her temper mild, her E character blameless, her health good, and her conftitution ftrong enough to bear the change of the climate, that there may be no occafion to look out for a fecond thro' lack of the firft, foon after he comes to hand; which must be provided against as much as poffible, confidering the great dif tance, and the dangers of the fea. If the arrives, and conditioned as abovefaid, with the prefent letter indorfed by you, or, at least, an attefted copy thereof, that there may be no mistake or impofition; I here- G by oblige and engage myself to fatisfy the faid letter, by marrying the bearer at 15 days fight. In witnefs whereof I fubfcribe this, &c."

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enumerating the qualifications which he infifted on, he endeavoured to ferve him to his mind; and after many inquiries, he judged he had found lady fit for his purpofe, in a young perfon of a reputable family, but no fortune; of good humour, and of a polite education; well fhaped, and more than tolerably handfome. He made the propofal to her as his friend had directed, and the young gentlewoman, who had no fubfiftence but from a cross old aunt, who gave her a great deal of uneafinefs, accepted it. A fhip bound for that island was then fitting out at Bristol; the gentlewoman went on board the fame, together with the bales of goods, being well provided with all neceffaries, and particularly with a certificate in due form, and indorfed by the correfpondent. She was also included in the invoice, the laft article of which ran thus: "Item, a maid of 21 years of age, of the quality, fhape, and conditioned as per order; as appears by the affidavits and certificates he has to produce." Writings, which were thought neceffary, to fo exact a man as the future hufband, were, an extract of the parish regifter; a certificate of her character figned by the curate; an atteftation of her neighbours, fetting forth that she had for the space of three years lived with an old aunt who was intolerably peevilh, and that he had not, during all that time, given her faid aunt the leaft occafion of complaint. And lastly, the goodness of her conflitution was certified, after confultation, by four noted physicians. Before the gentlewoman's departure, the London correfpondent fent feveral letters of advice by other fhips to his friend, whereby he informed him, that per

fuch

1751

Second LETTER on Pope CLEMENT'S BULL. 163

fuch a fhip he fent him a young woman of fuch an age, character, and condition, &c. in a word, fuch as he defired to marry. The letters of advice, the bales, and the gentlewoman, came fafe to the port; and our American, who happened to be one A of the foremost on the pier at the lady's landing, was charmed to fee a

Recapitulation of what was faid in the former. (See p. 67-74) The Defign of this fecond Letter is to confider fome other Excufes that were fuggefted, or Evafions that might be invented, in favour of this BULL; in which the Writer proceeds thus.

EFORE I enter upon the fub

hand fome perfon, who having heard Bject, I muft neceffarily give a

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him called by his name, told him,
"Sir, I have a bill of exchange up-
oh you, and you know that it is not
ufual for people to carry a great deal B
of money about them in fuch a long
voyage as I have now made; I beg
the favour you will be pleafed to pay
it." At the fame time the
gave him
his correfpondent's letter, on the
back of which was writ, "The bear
er of this is the fpoufe you ordered C
me to fend you." Ha, Madam!
faid the American, I never yet fuf
fered my bills to be protefted, and I
fwear this fhall not be the first: I
fhall reckon myself the molt fortu-
nate of all men, if you allow me to
discharge it."
Yes, Sir, replied D
fhe, and the more willingly, fince I
am apprized of your character. We
had feveral perfons of honour on
board, who knew you very well,
and who, during my paffige, have
anfwered all the questions f afked
them concerning you, in fo advan. E
tageous a manner, that it has raised
in me a perfect efteem for you."
This firft interview was in a few
days after followed by the nuptials,
which were very magnificent. The
new married couple are fatisfied with
their happy anion made by a bill of
exchange, which was the moft fortu-
nate that had happened in that ifland
for many years.

We shall here give our Readers the

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Subftance of the fecond Letter, from
a Librarian of Geneva, ujon an G
extraordinary BULL of Pope CLE-
MENT VI. omitting, for Brevity's
Sake, the Introduction, which is a

little analyfis of this bull. It has two parts; the first concerns the Vows that the king and queen of France may have made, and may

make for the future. The other re.' lates to the oaths, by which they might have engaged themfelves to any thing.

We readily acquiefce to your defires, fays the pope. Wherefore,. inclined to favour your requests, we grant an indulgence, by thefe prefents," as well to you as to your fucceffors, kings and queens of France, that the confeffor that each of you fhall chule, may commute into other works of piety, the vows which you may have already made, or may make hereafter, (except only the vows of beyond fea, of visiting the churches of the bleffed Peter and Paul, of chaftity and continence,) as alfo power to commute the oaths by you taken, or to be taken for the future by you and them, which you cannot conveniently keep."

I kept to this laft article in my foregoing letter, as beng what is moft flriking in the bull. However, if you think proper, we will fay fomething alfo of the vows, were it only out of mere curicity. Upon this head we cannot complain of the too great indulgence of the pope. On the contrary, he feems too rigid in the cafes excepted from the difpenfition.

I own to you, Sir, I could not have gueffed the reafon of thefe ex ceptions, nor conceived any thing of it, had not an opportunity of converfing with a learned ecciefialick,

X 2

A curious AccouNT of fome VOWS,

April

power to commute. This exception alfo is difficult to be accounted for, in whatever manner it be understood. The prince called to the crown might before have made a vow of celibacy. I think, from the moment he afcended the throne, he ought to be releafed from that vow, that he might have children to fucceed him. Another fuppofition is, that the king and queen, out of a devotion very common at that time, might, have made a vow, tho' married, to live in continence. But neither did this vow fuit the fovereign princes, and the pope ought immediately to abfolve them from it, fhould they even have had children already, and that, because death might take them away from them. He ought not Cthen to refufe the king's confeffor the power of difpenfing with this vow, or at least commuting it, as well as fo many others.

164 aftick, who lived a long time at Rome, and very well knows the stile and the practices of that church. We read over the bull together. I obferved to him my furprize at the pope's feeming to concern himself fo much for the voyage beyond-sea, or A the croifades; and that I thought they were no longer in queflion in the 14th century, but must have been entirely ceafed. He answered me, that the three articles excepted in the bull might be an antient form, which, having began in the time of the croifades, might have been continued in the Roman datary by a kind of rote of the fecretaries. But be fides this, he added, that in the time of Clement VI. the popes had not altogether laid afide the thoughts of the conqueft of the Holy Land, that this devout chimera ftill ran in their heads, and that this pope had brought king John into a new project of a croifade; which, however, could not be executed.

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The fecond cafe excepted in the difpenfation feems much less impor- D tant; it is of a vow to go to Rome on pilgrimage, ad limina apoftolorum, that is, to vifit the churches of St. Peter and St. Paul. My ecclefiaftick gave me the following reafon, why the pope would not remit this vow : The popes, faid he, have always looked upon this proceeding of the princes as of great confequence. They have underftood it as a kind of homage paid them by crowned heads. By this journey of devotion they feemed to acknowledge the fuperiority of the pope, and the au- F thority of the holy fee." Do you not believe, Sir, that, befides this abbé's reafon for urging the vow, thofe fort of pilgrimages brought a great deal of money to Rome, efpecially when they were princes whom devotion brought thither?

Finally, the vow of chastity and continence, is alfo excepted from thofe that the king's confeffor had

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The abbé to whom I ftarted thefe difficulties, anfwered them, by obferving to me, that the popes had always looked upon the vow of chastity as one of the most facred and moft refpectable. In regard to the inconveniency there would be in making the fovereigns obferve it, he reprefented to me, that tho' the holy father excepts in his bull this vow, and fome others, he did not think for that reason that they ought to be. inviolable. He only meant by it, that it was not for the king's confeffor to difpenfe with them, becaufe he referved thofe cafes to himself.

After this little commentary, which I am fure, Sir, will not displease you, let us come to the important point, which is that of the oaths. If you have found the holy father a little fcrupulous in granting a difpenfation for certain vows, which feem to you of no great confequence, G you will find him more tractable upon the rest Full power to the confeffors of the kings of France, in perpetuity, to abfolve them from

17511 Authentickness of their oaths, when they fhould be never fo little incommoded by them. Here is no exception, no limitation, as in respect to the vows: They are difengaged from their oaths for fome works of piety, that shall be prescribed to them by a confeffor of A their own chufing.

Nothing is more commodious for the princes, whom the pope has a mind to favour, than a like decifion. But it is purely what is vague in it, which has made you think it required a new examination. One can hardly believe, that the head of the church should have exposed himfelf to fuch a degree. Perhaps this bull offends us only because we do not well understand it. Might it not receive a good fenfe? You have converfed, you say, with fome of your friends about it. They have turned it every way to try to make fomething tolerable of it, and you have taken upon you to be, as it were, the reporter, to communicate to me all that came into their minds upon it.

The first doubt which the fingularity of this act raifed in you, concerns its authenticknefs. You ask me therefore, whether it may not be a counterfeit piece? You defire to know from whence he that has given it to the publick, had it. No. thing can be more fair than this method. We should always be very fure of a fact, before we pretend to explain it.

In answer, therefore, I fhall obferve, firft, that there might be fome ground for your fcruple, had it been any proteftant controverfift who had drawn this odious bull out of darknefs. But I think that having it from the hand of a Benedictine, it cannot be fufpected by us. It is true, fome charters, which had been produced by those monks, great fearchers into old titles, have been more than once diftrufted; but it

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the BULL.

165

was when those pieces, which they gave for ancient, were donations in favour of their order. The bull in queftion is not of that kind, and it does not concern them. They rather were concerned to suppress it for the honour of their church, than to expose it to all the world.

To fatisfy you entirely, Dom Luke d'Acheri tells us from whence he had the brief, viz. from a manufcript preferved by the Benedictines of St. Florent at Saumur, which is a collection of bulls granted by feveral popes in favour of the kings of France. This monk is not the only one who has mentioned this piece. John du Tillet, well known among the hiftorians of France, had given the fubftance of it 100 years C before the Benedictine. We have a work of his, intitled, An account of the kings of France, their crown and houfe. In an inventory he gives us of the privileges and indulgences granted to the kings of France by the popes, we find this title, "A bull D from pope Clement VI. giving power to the confeffors of king John and queen Joan his wife, to commute the vows by them made, and oaths, into other works of charity. Du Tillet was chief regifter of the parliament of Paris, and had examined all the records of it. He has led us therefore to the fpring head, and pointed out the very trunk where this original bull is locked up t.

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You go farther, and add, that it is likely Dom Luke d'Acheri, who was the first that gave this bull entire, did not look upon it in fo bad a light as we. light as we. If he had thought it fo ignominious for his church, he would have been aware, you fay, of mak. ing it known, without neceffity. But this objection proves at molt, that the Benedictine wanted a little prudence, and was more touched with the G pleasure of difcovering anecdotes, than with the honour of the holy fee. After

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• Spicilegium, tom. 4, p. 21. † In the trunk marked wirbin, Bullæ papales, quamplurima privilegia & facultates regibus conceffa continentes. Du Tillet, laft (dition, 1607, p. 442.

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166 The Difference between Vows and OATHS. April

A

After all, his referve would have
been of no great fervice, fince du
Tillet had already faid, long before,
in brief, what the bull contained.
But from the open manner in which
he has published this brief, you
conclude that he gave it fome foft-
ned fenfe. But you will own, Sir,
that on this fuppofition he was very
wrong not to communicate to the
publick, in a little note, that fa-.
vourable explanation, which would
have taken off all the fcandal..
That which he has not done, you B
and your friends have undertaken.

You have, first of all, contrived
a turn of phrafe, which would di-
minifh a little the blow the bull gives
to found morals; which is, to refer
what it fays of the oaths to the vows
of which it had fpoken, and not to
the treaties or the promises the king
had made. According to this, the
vows and the oaths would not be two
different articles. The pope's deci-
fion would be reduced only to this,
that the confeffor might commute the
vows even made with an oath.
the conftruction of the Latin text
cannot bear this palliative. Pray
confult the original. I fend you
the bull entire, because you tell me
that you have not any longer at your
difpofal M. de la Chapelle's work,
where it is inferted.

C

But D

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Vows and oaths in the general are two things, which should not be confounded, and which even very rarely meet together. Every one knows, that a vow is a religious promise made to the Lord, which is generally done on afking fome favour, as the F cure of a difeafe, the fuccefs of an undertaking, &c. And they acquit themfelves of it afterwards, to . "A vow,. tellify their gratitude. fays M. Barbeirac, is an engage. ment into which we enter directly towards God, and a voluntary engage-G ment whereby we impofe on our

felves, of our own mere motion, the neceffity of doing certain things, to which, without it, we fhould not have been obliged, at leaft precisely and determinately. A vow differs from an oath, in as much as this principally and directly relates to fome man to whom it is made, calling God to witness to what we have engaged ourfelves †.”

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I own however, that a man to make his vow ftill more folemn, and to bind himself more, might add an oath to it. He might declare, that, in cafe he fhould not execute what he had engaged to do, he was ready to fubmit to all the divine vengeance. What follows from thence? That this vow ought to be inviolable. And on your fuppofition this is cifely that from which the pope dif engages the prince the moft eafily. If the queftion be a fimple vow to go on pilgrimage to Rome, the pope refufes the king's confeffor the power to commute it: But for any other vow where an oath has intervened, he gives him authority to annul it, if the king finds it ever fo little inconvenient. You will own, Sir, that this is a fine decifion, and very proper to falve the honour of the pontiff! And indeed, du Tillet and d'Acheri have taken care not to confound thus the vows and oaths. Both of them make two separate articles of them. Here is the title which the Benedictine has put to the bull, "That the confeffor to the king and queen may commute their Vows and their. oaths."

After all, fay you, there is no mention made in this bull either of conventions, or alliances, or any thing like it. Why therefore fhould it be charged with having ferved the kings of France to violate the faith of treaties? But, Sir, when it fpeaks of the oaths which they and their fucceffors could not conveniently keep,

It should have been in the bull, Indulgemus ut confeffor valeat cummutare in alia operrp etatis, vota etiam cum juramento; whereas it is, net non juramenta, that is, We grant him the power to commute the wows, as also the oaths. + Cumberland's tranflation, ch. 9. § 16. nate 4. ↑ Quod confeffor poteft mutare vota & juramenta etrum,

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