THE CASE OF Clandestine Marriages STATED, WHEREIN Are shown the CAUSES from whence this Corruption ariseth, and the true METHODS whereby it may be remedied.  
IN A LETTER TO A Person of Honour.  
London, printed in the Year, 1691.   

THE CASE OF Clandestine Marriages Stated, etc.  
BY the Sixty Second Canon of King James the First, as well as by the Constitutions of John Stratford, Archbishop of Canterbury, in the Reign of King Edward the Third, it is ordained, That no Persons shall be married, but in the Parishes where one of the Parties dwell. And in the Hundred and second Canon it is further provided, That when a Licence is granted, the Person that grants it shall take good Caution and Security, as for other things in the Canon mentioned, so lastly for this, That they shall celebrate the Marriage publicly in the Parish-Church or Chapel where one of them dwelleth, and in no other place, and that between the Hours of Eight and Twelve in the Morning.  
Most Clandestine Marriages that have happened, have proceeded from the Breach of these Canons. For were they punctually observed, and all Marriages solemnised only in the Parish Church or Chappel where one of the Parties dwell, and no where else, no Clandestine Design this way could be carried so closely, but that the Friends must know of it: at least a stop must be put thereto when it comes to the Minister. For when a Minister celebrates a Marriage that is Clandestine, he doth it either out of ignorance, or ill Design. As to the Ignorance of the Minister, in this particular (and many Clandestine Marriages proceed only from their being imposed on this way) the Method prescribed by the Canon must be a very effectual way, because when all are married in their own Parishes, the Ministers cannot be supposed to be ignorant whether they have Consent of Friends, or no, (unless perchance in some of the larger Parishes in London, where other Care may be taken by requiring the Friends of both Parties to be actually present) and therefore though a Licence should be fraudulently obtained, yet if directed to him, it can be of no Effect, because all Licenses go with a Proviso of Nullity, in Case of Fraud; and therefore to him that knows the Fraud (as it is scarce possible but every Minister must in his own Parish) it can be no Licence at all, but he will be as much liable to the Penalty of the Law, if he marries with a Licence in this Case, as if he had no Licence at all. And as to a Minister's being Party to the ill Design of a Clandestine Marriage, you shall scarce ever find this to happen, when People are married by their own Minister. For the Penalty being Suspension per Triennium, none that have Benefices which are worth any thing, and are sensible of the Fraud (as all Ministers must be in the Parishes where they live) will expose themselves to be deprived of them so long for the sake of a Marriage-Fee. But most an end they are not Ministers of Parishes, but indigent Curates, or unpreferred Chaplains, that wilfully engage themselves in this matter; who having nothing to lose, on this Account are out of the Reach of the Penalty; and therefore if there be but one or two such in a County, usually the whole Trade of Clandestine Marriages goes to them; and therefore the best way to prevent such Marriages, will be to confine all according to the Canon to be married at home in their own Parishes by the Minister of the Place that hath an Interest there, wherein to suffer if he doth amiss. Because if this be done, the Minister can neither be imposed on by a fraudulent Licence, where the Persons are so well known unto him (as those of his own Parish must be) or will he dare to marry without one. It may, I confess, be possible, that a Minister, to gratify some Gentleman of his Parish, who, he thinks, is able to protect him from the Penalty, or else make him amends for what he suffers by it, may be prevailed with to celebrate a Clandestine Marriage for his sake, and thereby put an Obligation upon him, and all his Family and Friends on the Account of the Advantage usually gotten to the man by such stolen Matches. But in the Parish where the Woman lives, it will be quite otherwise. For it being for the most part the Man that steals the Woman, and not the Woman the Man, there instead of obliging he will injure, and that in so high a degree, that the Family which suffers, with all their Friends and Relations (which perchance may make the major part of the Parish) will be sure to fall upon him with their utmost Resentments; and in this case a Minister will have but little Comfort of his Life among them afterwards, though he should escape the Penalty of the Law; and scarce any being so weak as not to foresee it must be so where so just a Provocation is given: This alone will be a sufficient Tie, were there none other to keep any Minister from betraying any of his own Parish. And therefore were one small Alteration made in the Canon, and instead of the Parish-Church or Chapel where one of the Parties dwells, it were ordered, That all Marriages should be celebrated in the Parish-Church or Chapel only where the Woman dwells (as indeed common Custom hath already ordered it in most Marriages that are not Clandestine) I apprehend it would be a thorough-Remedy to the whole Abuse. However, were the Canons, as they now stand, punctually observed, this alone would go so far towards it, that there would not be so frequent Instances of this injurious Practice, as to alarm the Nation against us, as now we find they do, and provoke them to bring Sanguinary Laws upon us to prevent it.  
But the Mischief is, that when the Church makes good Laws, our Courts, when they find them against their Interest, will not put them in Execution. For were all obliged to be married in their own Parishes, it would cut off above half the Trade of granting Licenses, which would very considerably diminish from the Profit which Chancellors, Commissaries and Registers make of their Places. And therefore instead of executing the Canon's abovementioned (as is their Duty) they make it their whole Endeavour to baffle them, and make them of none Effect by all the Tricks they are able. For,  
1. They never take any such Caution or Security, as the Hundred and second Canon enjoins in their Licenses, but on the contrary scarce ever direct any that they grant to the Parishes where the Parties dwell, but put in any other Parishes which the Parties to be married, shall desire, at what distance soever they may be from the Places of their usual Habitation, without any regard at all had to the Canon which enjoins the contrary. Whereby occasion is given to abundance of Frauds in this Particular, which otherwise might be prevented.  
2. Whereas the Hundred and first Canon enjoins, That none shall grant any Licenses, but such as have Episcopal Authority, or the Commissary of the Faculties, Vicars-general of the Archbishops, and Bishops, sede plenâ, or the Guardian of the Spiritualties, sede vacant, or Ordinaries exercising Right of Episcopal Jurisdiction in their several Jurisdictions: And whereas the Law is, That those Grants are only to be made before themselves, and not before any Substitute whom they shall appoint, that all the matters requisite to the granting of a Licence, may be first well enquired into, as Whether there be any Precontract? Whether there be Consent of Friends? Whether the Parties to be married are within the prohibited Degrees of Relation, or no? etc. which often require the Skill of the Judge himself to determine in them. The good Orders of the Church have been so far neglected in all these Particulars, and the Corruption of Officers in our Ecclesiastical Courts, for the sake of Gain, hath run so high, that every thing is done contrary to them in this matter. For instead of Chancellors and Commissaries taking any Pains in the Particulars above mentioned, or making any previous Examinations requisite to prevent either Fraud, or illegal Copulations, they leave the whole matter to their Registers, who regarding nothing else but to make the most of this Trade by dispersing and vending as many of those Licenses as they can, as often as they have occasion of them, seal them by Heaps, with Blanks reserved to insert the Names of any such as shall afterwards come for them; and as Customers come in, fill them up without any other Enquiry of the Persons concerned, than for their Money to pay for them. And when this Stock is spent, than they go to sealing again; and for the better advancing of this unlawful Gain, they are not content to break all the good Orders of the Church concerning this matter, themselves, but also involve a great many of the Clergy, with them, in the Gild and Scandal of this Corruption, by making some of them their Factors in every Deanery for the dispersing of those Licenses, who under the Name of Surrogates, are drawn in to be their Under-agents in so scandalous a Work, which is to the great Damage of the Church, as well as against all Right and Law. For,  
1. No Chancellor or Commissary hath Power to make any such Surrogates to act out of their respective Courts. For although they now take upon them thus to do, it is only founded on a Clause in their Patents, which give them the Office to be executed aut per se, aut per sufficientes Deputatos. The meaning of which, only is, That in case of Sickness, Absence on just Occasions, or any other lawful Impediment, they may appoint others to hold their Courts for them, and expedite all other Acts usually done out of Court; but not that they should erect inferior Courts under them, as they do now by their Surrogates in every Deanery, to draw the more Grist to their Mills; which is directly contrary to Law, and of infinite Prejudice to the Church, in corrupting and depraving all the good Orders and Discipline of it, and drawing thereby the Odium of the People upon the Governors thereof, by the frequent Acts of Unjustice, which by Clandestine Marriages are done unto them.  
2. It is a very great Snare to Clergymen, in being thus made the Tools of those men's Knaveries, and may expose them to one of the most disgraceful Punishments of the Law, that is, the Pillory. For to fill up a blank Instrument after the Seal is put to it is Forgery by the Law of the Land; and I had once the Curiosity to advise with one of the ablest Lawyers in England about it, who assured me it was so; and although I urged the constant Practice of every Diocese in England, against it, he answered, That would not alter the Law, but whosoever shall insert any thing into an Instrument, after the Seal is put to it, will certainly be found guilty of Forgery in Westminster-Hall, whenever prosecuted there for it. And if a Clergyman once undergoes the Disgraceful Punishment due to that Crime, the Blot may be sufficient to make his Ministry ineffectual all his Life after.  
3. It is making Clergymen Parties to Knavery and Fraud, and putting the blame of the unjust Practices of Chancellors, Commissaries and Registers, upon those, who for the Reputation of the Church, as well as of themselves, are most concerned to prevent them. And thereby a great deal of Clamour is drawn upon us, which we can never prevent, as long as any of the Clergy are thus permitted in so mean and base a manner to be subservient to the Knavery and unjustifiable Practices of these men. For they, regarding nothing else but their Gain in the Choice of those whom they appoint to be their Surrogates, choose only such as are properest for their purpose this way, who being of the poorer and meaner sort, make their Advantage of the Employment, by marrying themselves all those that come to them for Licenses, and thereby advancing their own Gain as well as that of their Masters, become the more diligent Agents for them. And I am told of some that keep Markets weekly for this purpose, there exposing their blank Licenses to sale, as Tradesmen do their Wares, which they fill up for any that will pay for them, without any other Reserve, but that of the Marriage to themselves, by putting in only those Churches for the solemnising of it, where they themselves are Ministers. But at best, tho' all Surrogates do not thus carry their blank Licences to Market, yet all keep Shops of them at home, and seldom or never refuse any Customer that comes on how unjustifiable an Account soever. And therefore when a Wedding comes to them, and a Marriage Fee is to be gotten, without any further Enquiry, the blank Licence is brought forth, the Names of the Persons to be married, are inserted into it, and then the Surrogate thinks himself safe, and away he goes to the Church with them, and there marries them by Virtue of a Licence from himself, without regarding how they come together, so he hath a Fee to his Masters for the Licence, and another to himself for the marrying of them. And if it happens that any such are afterward questioned for these Marriages, the Licence is produced for their Justification, which being under the Seal of the Office, and in the Name of the Chancellor or Commissary that grants it, the matter is usually shuffled off, and no Justice at all done to any that complain of the Injuries, that they suffer in this kind. For the Truth is, were the thing brought to an Examination, the Law would excuse the Minister, who produceth the Licence (unless his being Party to the Fraud, were proved upon him, which he usually takes care to provide against in the manner of transacting it) and lay the whole Blame upon the Chancellor or Commissary, in whose Name it is granted, who usually know ways enough to baffle all Prosecution, that shall be made against them on this Account; and therefore no Examples being made of those that offend in this kind, they are the more bold still to go on in the same illegal Practices, and the Church infinitely suffers in its Reputation thereby; and in truth, no Excuse can be made in this Particular, while our Governors, who have Officers under them for the putting the Laws of the Church in Execution, permit them thus in so scandalous a manner to corrupt them all for their own Advantage.  
Of which scandalous Corruption being abundantly sensible, by what I found of it, where concerned, about two Years since I set myself to reform it, and drew up a Monitory to be sent to all the Clergy of my Jurisdiction, wherein I inhibited them to marry any either by Licence or otherwise, unless one of the Parties lived in their Parish, according as it is enjoined in the Canon abovementioned. But hereon the Commissary and Register came to me with open Mouths, complaining, That this would totally spoil their Places. To which I answered, That my Business was not to take care of their Places, but that the Canons be kept; and if they would make Gain by what was inconsistent herewith, they were not to be tolerated in it. Whereon the Commissary told me, That although the Canon was as I said, yet he could assure me, that the Practice was quite the contrary through the whole Kingdom; and that since the Archbishops, and all their Suffragans thought fit to tolerate it, he thought it would not become me to contradict it. And on Inquiry, finding it really to be so as he told me, I was forced to let the matter fall, because I thought it would appear a ridiculous Singularity in me to attempt a Reformation in that which the Archbishop and Bishops of our Church thought fit in all parts of the Nation besides, to allow. And besides, I had an Account given me, That the late Bishop of Norwich miscarried in the same Attempt. For, on his first coming to his Diocese, finding great Clamour about Clandestine Marriages, he made his Chancellor and Commissaries call in all their Surrogations, and suppress all blank Licenses, and ordered, that no Minister should marry any, but whereof one of the Parties dwell in his Parish: And by this means, for a while, things were kept in good order, but they had not been long so, but the Master of the Faculties, and the Vicar-General to the Archbishop, took the Advantage to send their Licenses into the Diocese; which the Bishop perceiving, and having no Authority to control them herein, he thought it better, since he saw there was no Remedy, to suffer the Corruption to be still continued by his own Officers, over whom he had some Awe, then by those Interlopers, with whom he had nothing to do; and therefore relaxed all his former Orders, and left his Officers to proceed in the same Course as they did before; and the Mischiefs which have since followed hereon, are too many to relate; but two very signal ones in my Neighbourhood, I cannot pass over; the one of a Man that hath married his Father's Wife, and the other of one that married a Woman, whose Husband was alive in the next Parish, by Virtue of those Licenses. And this Course can never be remedied, unless the two Archbishops will be pleased to undertake it, and send their Orders to all their Suffragans, that the Canons be punctually observed in these following Particulars.  
1. That all Surrogates, with blank Licenses, be suppressed, and no Licence for Marriage at all granted, but by the Person himself that hath Authority in this Particular, or that Deputy only who keeps his Seals, and presides in his Court in his absence.  
2. That all previous Examinations be made, and all Cautions and Securities carefully taken, which are by Law required, before any Licence be granted.  
3. That no Parish-Church or Chapel be put into the Licence▪ for the Place of celebrating the Marriage, but those only where one of the Parties that are to be married, dwell. And if the Archbishops have Authority so to do (which, I think, they have, all Licenses in this kind, being only ex Gratiâ) that they limit it to the Parish-Church or Chapel where the Woman dwells.  
4. That a severe Prosecution be enjoined against all those that transgress in any of the Premises.  
If the Bill pass against Clandestine Marriages, which I hear is now before the Parliament, I confess it will be too late for the Church to meddle with this matter; but in case the Bill be cast out (as perhaps it may) I think it will then be very proper for the Church to undertake the Business, and employ all the Authority it hath to reform so great an Abuse. And if the Archbishops and Bishops will be pleased so to do, to whom the cognizance of this matter doth most properly belong, I know no way can be more effectual for it, than the putting the Canons in execution in the Particulars I have mentioned. And if this be done as soon as the Bill is cast out, by a public Order from the two Archbishops, to their Respective Provinces, and the Bishops be hearty and zealous in the executing of it, I doubt not, there will be these following good Effects thereof.  
1. A speedy Remedy will thereby be put to this great Abuse, which hath raised the Clamour of the Nation so loud against us, and made so many disaffected to the Church by reason of the Injuries that some of their Families have suffered by our tolerating so unjustifiable a Practice among us.  
2. Full Satisfaction will be given to those who so earnestly call for a Reformation in this Particular; which will be the most effectual Method of preventing the ill Designs of those who endeavour the bringing of Sanguinary Laws upon us for this purpose; which, if effected, will be a great Severity, and may prove a constant Snare to their Lives, whenever the People have Malice enough to raise a Prosecution against them.  
3. It will stop the Mouths of those who are too often heard to reproach the Bishops with this whole Abuse, as if the whole Reason of it were from this, That they sold their Chancellors, Commissaries, and Registers Places, and therefore were bound to tolerate those Officers under them in all their illegal Practices, that they may thereby the better raise the Money that they exacted from them, for their Admission to those Employments.  
And thus far having stated to your Lordship this whole Case, and shown you therein from whence the great Abuse of Clandestine Marriages ariseth, the Manner how the Practice of it is grown so frequent, and the Means whereby it may be prevented, I earnestly beseech your Lordship to make use of that Opportunity which God hath given you, in putting to your helping hand for the Reformation of this Corruption, that the Reputation of our Church, and the Interest of so many Families that are Members of it, may not thus continually be sacrificed to the illegal Gain, which Chancellors, Commissaries and Registers reap to themselves, from the Practice of it. In order whereto, I wish your Lordship would be pleased to lay the State of this whole Matter before my Lord Archbishop of Canterbury, that if the Parliament puts not that severe Act upon us for the Reformation of this Abuse (as I hope they will not) his Grace may do herein, what in his great Wisdom he shall see may be most conducing to the Good of the Church.  
I am, My LORD, Your Lordship's most Humble Servant. Decemb. 11. 1691.  
FINIS.