II. The kiss that was mutually given. When this ceremony took place at church, the lady of course withdrew the veil which was usually worn on the occasion; when in private, the drinking of healths generally followed.

III. The joining of hands. This is often alluded to by Shakspeare himself. See a note in the Winter's tale, p. 17, Steevens's edition, 1793.

IV. The testimony of witnesses. That of the priest alone was generally sufficient, though we often find many other persons attending the ceremony. The words "there before him," and "he shall conceal it," in Olivia's speech, sufficiently demonstrate that betrothing and not marriage is intended; for in the latter the presence of the priest alone would not have sufficed. In later times, espousals in the church were often prohibited in France, because instances frequently occurred where the parties, relying on the testimony of the priest, scrupled not to live together as man and wife; which gave rise to much scandal and disorder. Excesses were likewise often committed by the celebration of espousals in taverns and alehouses, and some of the synodal decrees expressly enjoin that the parties shall not get drunk on these occasions.

The ceremony, generally speaking, was performed by the priest demanding of the parties if they had entered into a contract with any other person, or made a vow of chastity or religion; whether they had acted for each other, or for any child they might have had, in the capacity of godfather or godmother, or whether they had committed incontinence with any near relation of the other party; but the latter questions might be dispensed with at the discretion of the priest. Then this oath was administered—"You swear by God and his holy saints herein and by all the saints of Paradise, that you will take this woman whose name is N. to wife within forty days, if holy church will permit." The priest then joined their hands, and said,—"And thus you affiance yourselves;" to which the parties answered,—"Yes, sir." They then received a suitable exhortation on the nature and design of marriage, and an injunction to live piously and chastely until that event should take place. They were not permitted, at least by the church, to reside in the same house, but were nevertheless regarded as man and wife independently of the usual privileges: and this will account for Olivia's calling Cesario "husband;" and when she speaks of "keeping celebration according to her birth," it alludes to future marriage. This took place in a reasonable time after betrothing, but was seldom protracted in modern times beyond forty days. So in Measure for measure, Claudio calls Julietta his wife, and says he got possession of her bed upon a true contract. The duke likewise, in addressing Mariana who had been affianced to Angelo, says, "he is your husband on a pre-contract."

Before we quit the subject, it may be necessary to observe that betrothing was not an essential preliminary to marriage, but might be dispensed with. The practice in this respect varied in different times and places. The desuetude of espousals in England seems to have given rise to the action at law for damages on breach of promise of marriage. And thus much may suffice for a general idea of this ancient custom; the legal niceties must be sought for in the works of the civilians.

Scene 1. Page 159.

Sir To. Then he's a rogue. After a passy-measure, or a pavin, I hate a drunken rogue.

Florio, in his Italian dictionary, 1598, has "passamezzo, a passameasure in dancing, a cinque pace;" and although the English word is corrupt, the other contributes to show a part, at least, of the figure of this dance, which is said to have consisted in making several steps round the ball-room and then crossing it in the middle. Brantôme calls it "le pazzameno d'Italie," and it appears to have been more particularly used by the Venetians. It was much in vogue with us during Shakspeare's time, as well as the Pavan; and both were imported either from France, Spain, or Italy. In a book of instructions for the lute, translated from the French by J. Alford, 1568, 4to, there are two passameze tunes printed in letters according to the lute notation.

As to the Pavan, there is some doubt whether it originally belongs to Spain or Italy. Spanish pavans are certainly mentioned by Ben Jonson in the Alchymist, and by Brantôme in his Dames illustres, who adds that he had seen it danced by Francis I. and his sister, the celebrated Margaret of Navarre, and also by Mary Queen of Scots. There is good reason, however, for thinking the term is Italian, and derived from the city of Padua, where the dance is said to have been invented. Massa Gallesi, a civilian of the sixteenth century, calls it saltatio Paduana. In a catalogue of books that were exposed to sale at Frankfort fair, from 1564 to 1592, the following are mentioned: "Chorearum molliorum collectanea omnis fere generis tripudia complectens, utpote Padoanas, passemezos, allemandas, galliardas, branles, et id genus alia, tam vivæ voci quam instrumentis musicis accommodata. Antverpiæ, 1583, 4to." "Cantiones Italicæ quas Paduana Itali vocant, quatuor vocum. Venetiis, 1565, 4to." "Sixti Kargen, renovata cythara, hoc est, novi et commodissimi exercendæ cytharæ modi, constantes cantionibus musicis, passomezo, podoanis, gaillardis, Alemanicis et aliis ejusmodi pulchris exemplis, ad tabulaturam communem redactis. Argentorati, 1575, et Moguntiæ, 1569, folio." In Alford's Instructions for the lute, above mentioned, there is a Paduane and a Pavane. Randle Holme, in his Academy of armory, 1688, folio, book iii. c. 3, speaking of the Pavan as a tune, describes it as "the height of composition made only to delight the ear: be it of 2, 3, 4, 5, or 6 parts [it] doth commonly consist of three straines, each straine to be played twice over." In an old MS. collection of lessons for the virginals, there is one called "Dr. Bull's melancholy pavin." Mr. Tyrwhitt, therefore, is right in supposing that a jovial blade like Sir Toby would be naturally averse to these grave dances, and the dullness of the tunes belonging to them.

Scene 1. Page 162.