SESSION VII. DECREE I. MARRIAGES TO BE CELEBRATED IN CHURCH AND BEFORE WITNESSES. Holy mother church has always so ordered the celebration of Matrimony, as to make it to be understood to be a holy thing, and that as holy, it ought to be holily treated; wherefore for the removing of several inconveniences, and those especially that attend clandestine marriages, she has ordained and commanded, that Matrimony be celebrated in the face of the church by the vicar, or parish priest, or some other priest, licensed by him or the prelate, and in the presence of two or three witnesses at least; and that all marriages that are not celebrated with this solemnity by the parish priest before two witnesses, are void and null: and that the priest, who without leave from the parish priest, and the parish priest who without two witnesses shall presume to marry any couple, shall be severely punished. Now the Synod understanding that this rule is not observed in this diocese, but that the persons who are to be married do employ any priest, and are married where they please, from which great inconveniences and disorders do many times follow, different rites and ceremonies being also used in divers places in the celebration thereof, doth command, that all that is above related be punctually observed according to the decrees of the holy Council of Trent, which has been received by this church in this Synod; declaring all marriages not celebrated in this form, or not by the parish priest before two witnesses, to be null, and the parties not to be married, neither are they to be permitted to live together as man and wife and the priests who shall presume to marry without leave from the parish priest or ordinary, shall be suspended from their orders and benefices for one year without indulgence, and the marriage shall be declared void, and the parties shall be obliged to marry again in the foresaid form. The Synod doth furthermore declare, That the contracted may be married by the parish priest of either of the parties, though the ordinary custom is to be married by the parish priest where the woman lives. DECREE II. THE FORM OF SOLEMNIZATION OF MATRIMONY. Whereas matrimony ought to be celebrated with words sig VII. nifying a present consent, and in many places of this diocese, SESSION it is commonly celebrated with words signifying only a consent for the time to come: therefore the Synod doth command, that when the persons that are to be married, come to the door of the church, the parish priest, or some other priest, having his or the prelate's license, being in his surplice, with his stole, and at least two witnesses present, shall ask them, if they are pleased to marry; and if they say they are, or express their consent by some other evident signs, the priest then shall take one end of his stole, and laying it on the palm of his left hand, shall take the right hand of the bride and lay it on the stole, and lay the palm of the right hand of the bridegroom on the palm of the right hand of the bride, in form of a cross, and covering both their hands with the other end of the stole, and laying his own right hand upon all, so that the hands of both parties, and both the ends of the stole are betwixt the priest's hands; after having blessed them with the sign of the cross, he shall say, In the name of the Father, and of the Son, and of the Holy Ghost, Amen;' and shall make the bride say first, I, N. receive thee N. for my lawful husband, so as the holy mother Church of Rome doth command;' and shall afterwards make the bridegroom say the same words; I, N. receive thee N. for my lawful wife, so as the holy mother Church of Rome doth command;' and after they have both said these words, the priest shall say, 'I, by the authority I have, do join you in matrimony in the name of the Father, and of the Son, and of the Holy Ghost, Amen ;' after which he shall sprinkle them both with holy water, saying, By this sprinkling of holy water, the Lord give you health and blessing, Amen.' And if neither of the parties was ever married before, they shall then be carried before the high altar, where being upon their knees, the priest shall give them the blessings, as they are in the Roman ceremonial of the administration of the sacraments, which is to be translated into Syriac, and to be used in all churches; but if either of the parties have been married before, he shall not then give them the said blessings, but dismiss them, after having said a prayer in the church. DECREE III. THAT BANNS OF MARRIAGE BE PUBLISHED. That there may be no frauds in matrimony, and that the impediments, which, if they were known, would hinder the same, may be discovered; and that in all things we may con VII. SESSION form ourselves to the decrees of the holy Council of Trent, the Synod doth command, that what is ordained by the said holy council, be punctually observed; to wit, that the parties to be married, shall have their banns published by the vicar, or by one appointed by him, on three Sundays or holydays in the churches where the bridegroom and bride live, when the people are assembled at mass, in this form; N. born in such a place, does purpose to marry N. the daughter of N. and N. born in such a place; wherefore if there be any that know any impediment, they must declare it upon pain of excommunica tion:' and the vicar, in case he has any lawful impediment declared unto him, shall not marry the parties before he has made the prelate acquainted therewith, that so he may determine what is just to be done therein; which publications cannot be dispensed with by any but by the prelate, or one representing him: and in case it is probable that if such publications are made, there are those that will maliciously endea vour to hinder the marriage, though in such a case the parties may be received without them, yet for the better discovery of other impediments that may happen to be therein, they cannot be joined together, nor receive the blessings, though capable thereof, before the publications are made in the churches, without the prelate should be pleased to dispense therewith, to whose prudence and judgment the holy Council of Trent has committed the whole of this matter, and the priest who shall receive any couple without a license from the prelate, before such publications have been made, shall be suspended from his office and benefice for six months. DECREE IV. THAT MARRIAGE REGISTERS BE ENTERED AND KEPT WITH CARE. This Synod conforming itself in all things to the holy Council of Trent, doth command that in every parish there be a book, as was ordered as to baptism, wherein the vicar of the church shall write the names of the married persons, and the place, day of the month, and year, and the names of the two witnesses, commonly called the padrinhos,' where they were married, registering them thus, · On such a day of such a month and year, I, N, vicar of the church, naming the saint to whom it is dedicated, in such a part, naming where the said church is, did join N. the son of N. and N. to N. the daughter of N. and of N. born in such a place, both at the gate of the church according to the holy Council of Trent; the witnesses were N. and N.' to which the vicar and the two witnesses shall sign their names, and when any priest shall by a license from the vicar, or prelate, marry any couple, he shall write, On such a day of such a month, and year, I, N. a priest, by a license from the vicar of such a place, or from the bishop,' if he granted the license, did receive at the gate of the church N.' naming him, the son of N. and N.' naming his parents, born in such a place,' naming the town according to the holy Council of Trent, the witnesses were N. and N.' to which the said two witnesses and priest shall put their names; which book shall be kept among the registers of the church, and the prelate at his visitations shall see that there be no fault or neglect therein. SESSION VII. DECREE V. THE PARTIES TO CONFESS AND TAKE THE SACRAMENT BEFORE SPECIAL REASON. As holy matrimony is a sacrament, and as such conveys grace, it ought therefore to be received with great purity and holiness, wherefore this Synod conforming itself to the holy Council of Trent, doth exhort and admonish, and command all that are to be married, that at least three days before the celebration of this sacrament, they do confess themselves, and being capable do receive the holy sacrament of the eucharist, neither shall the vicars receive them before they have complied with this obligation, concerning which they shall make diligent inquiry. The Synod doth furthermore command, that all marriages be celebrated in the church, and that the parish priest do not accommodate himself to the negligence of those who do not care to be seen to marry in the church; but declaring withal that wheresoever matrimony is celebrated, if it be done by a parish priest, and in the presence of two witnesses, it is true and valid, though the parish priest ought not to marry any out of the church, but upon very urgent reasons. DECREE VI. DECREES OF CONSANGUINITY PROHIBITING MARRIAGE WITHOUT There have been always in the church, even under the old VII. SESSION law prohibited degrees of kindred, within which matrimony was not to be celebrated, and being celebrated, was null; and that not only as to such as were prohibited by a divine natural law, as betwixt persons in the first degree, and betwixt brothers and sisters, but as to others also who are prohibited by a divine positive law; wherefore the Synod doth declare, that the degrees at this time prohibited in the church, without which matrimony cannot be celebrated without a dispensation, and being celebrated, is void, are only to the fourth degree inclusive of consanguinity, and of affinity only to the second degree, as first cousins, second cousins, third cousins, fourth cousins, by father and mother, and the same degrees are prohibited in the kindred of affinity, betwixt the kinsfolk of the husband and wife, with whom either of the parties have been married; and besides, that the kindred in the first and second degree only with such, or of those with whom either of the parties have at any time had unlawful carnal knowledge, beyond which de- | grees there are no other of carnal kindred that can hinder matrimony, but in all these that have been mentioned, all marriages that are made, are null, and of no force, and all those that have married so, do live in the mortal sin of foul fornication but if any upon just and reasonable accounts shall desire to marry within any of these degrees that are prohibited only by a positive law, they must have recourse to the holy apostolic See for a dispensation, or to their prelate, having power from the said See to do it, declaring the degree of kindred wherein they desire to be dispensed, together with the causes why they do desire it, in which the prelate shall do what he shall judge convenient in the Lord, and so the prelate being empowered by the holy See to do it, shall do it gratis, without taking any thing for the dispensation, though the parties of their own accord should offer to pay him for it. DECREE VII. CASES OF SPIRITUAL AFFINITY THAT COME WITHIN THE SAME RULE. Besides the carnal kindred of consanguinity and affinity, which hinders matrimony in certain degrees, there is also another sort of kindred that does the same, which is called spiritual kindred, and is contracted in baptism betwixt the godfather and godmother, and the child that is baptised, and the parents of the said child, and in confirmation or chrism betwixt those who offer and present the person that is con |