[1294] See secs. xx-xxii of the commission of James I. to the High Commission, in Prothero's Statutes and Const. Docs., 431-33. The signers of the "Millenary Petition," 1603, likewise pray for the restraint of the "longsomeness of suits in ecclesiastical courts (which hang sometimes two, three, four, five, six, or seven years)": Prothero, op. cit., 415.
[1295] Ibid., 414, 415.
[1296] Unless the child be a soldier, mariner, merchant, or a merchant's apprentice or factor.
[1297] Prescribed by 3 and 4 James I.: Prothero, op. cit., 259; Statutes at Large, II, 653.
[1298] 3 and 4 James I., c. v: Prothero, op. cit., 262-68; Statutes at Large, II, 656-62.
[1299] For a concise and accurate account of the law of marriage as it stood under Charles I. see The Lawes Resolutions of Womens Rights (London, 1632), 51-115, 231 ff. Marriages on account of disparitas cultus were prohibited. "Amongst the hinderances of marriage note this also, that by Constitution of holy Church, marriage is forbidden betwixt persons of divers Religions, as Jews and Christian" (59). It does not appear, however, that such unions were invalid; nor is anything said of "mixed" marriages. There was no action, as in Germany, to compel the fulfilment of the sponsalia (54).
[1300] Cardwell, Documentary Annals, II, 200-207, gives Bishop Wren's "Orders and Directions" for the diocese of Norwich, 1636:
"XI. That they go up to the holy table at marriages at such time thereof as the rubric so directeth, and that the new married persons do kneel without the rail, and do at their own charge, if the communion were not warned the Sunday before, receive the holy communion that day, or else to be presented by the minister and churchwardens at the next generals for not receiving.
"XII. That no minister presume to marry any persons, whereof one of the parties is not of his parish, unless it be otherwise expressly mentioned in the license; nor that he marry any by virtue of any faculties or license, wherein the authority of an archdeacon or official is mentioned, sub poena suspensionis."
[1301] Waters, Parish Registers in England, 11, 16. Cf. Lathbury, Hist. of the Book of Common Prayer, 310, and the authorities there cited. Jeaffreson, Brides and Bridals, II, 69, gives the form of marriage contract prescribed by the Directory.