8 - Of Matrimony

Summary

What matrimony is.

Matrimony is a legal contract, which by the command of God creates and effects a mutual and perpetual union of a man with a woman, in which each of them surrenders power over his or her body to the other, in order to beget children, to avoid prostitution and to govern life by serving one another. Nor is it our will for matrimony any longer to take place by promises or contracts, however many words they may have or whatever accompaniments there may be, unless it is celebrated according to the form which we have appended here.

When How matrimony shall be contracted.

First, the minister of the church, whoever he is, shall make a public announcement of the wedding in front of the people in church, on three Lord's days or at least on three holy days beforehand. Then the bridegroom and the bride will stand openly in front of the church, and take part publicly in those rites and ceremonies which our regulations concerning divine matters require in this instance. Moreover, we give so much authority to this form that if anything is said or done which is in any way contrary to it, [no] marriage shall have taken place. For all these things are preparations or rehearsals for marriage, but marriage itself is not contained in them. Therefore both persons are free and at liberty, and one cannot demand any right of marriage from the other until by the lawful form of ceremonies they have pledged and received each other's troth in the presence of the church, using the prescribed words.

How seducers of women are to be punished.

But the wicked lust of those who take advantage of the simplicity of girls and innocence of women, and besiege their chastity with promises and enticements until finally they most shamelessly violate their bodies, ought not to escape illudant. Nam cum pudicitiae thesaurum illis detrah[a/u]nt, omnibus reliquis opibus et copiis pretiosiorem, in graviore[m/s] illos illos aequum est poenam incidere, quam fures, quorum in rebus externis peccat improbitas. [Ex] ecclesi[is/ae] igitur illos excommunicationis telo praecipimus exturbari. Nec ullum ad eas reditum illis esse, nisi velint illas uxores [38r] ducere, quibus abutebantur prius ut scortis; verum hoc si forte fieri non potest, iudices illorum bona agnoscent, et ex eorum diligenti consideratione tertiam partem ad mulieres sevo[20a]cabunt, quae libidine sunt illorum inquinatae.