Page:A Treatise concerning the Use and Abuse of the Marriage Bed.djvu/287

 have hinted at it already in theChapter; and given you there the Opinion of the best of Men, and particularly the Censure of the Protestant Churches upon it, in which, as I said, they are more strict, and punish with more Severity, than in Cases of simple Fornication.

may be true, that Promise of Marriage is Marriage, but it is not marrying; it may be called Marriage, or rather a Species of Marriage; and therefore our Law will oblige such Persons to marry afterwards, as well in Cases where they have not consummated the Agreement, as where they have; and will give Damages, and that very considerable, in proportion to the Circumstances of the Parties, where these Promises are broken; especially where the Person makes the Breach, by marrying another purely in Contravention of those Promises. And this is all the Remedy the injured Person can obtain.

such a Promise, especially if made before Witness, will be, and frequently is admitted as a lawful Obstacle or Impediment, why a Person under such an Obligation should not be allowed to marry any other; nay farther, the Person claiming by Virtue of such a Promise, may forbid the Bans, as we call it; or may stand forth, and shew it as a Cause, even at the very Book, why the two Persons coming to the Book may not be lawfully joined together, and the Minister cannot proceed, if such a Cause is declared, till the Matter is decided before the proper Judges of such Cases.

all this does not reach the Case propos'd at all; for were Promises of Marriage thus allowed, and lying together upon such Promises