Page:A Treatise concerning the Use and Abuse of the Marriage Bed.djvu/288

 lawful, you would have no more Occasion of a fair and formal Espousal, and we should have very little open Marrying among us. And what Confusion would this make in the World? How would the sacred Obligations of Marriage be enforced, Claim of Inheritances secur'd, Legitimacy of Children clear'd up, and Obligation of Maintenance be preserv'd? How and where would these Promises be recorded, when denied and revoked? How would they be brought into Evidence, and the Offender against them be convicted? In a word, what Confusion would such loose coming together make in Families, and in Successions, in dividing the Patrimonies and Effects of Intestate Parents; and on many other Occasions.

Laws have therefore carefully provided, that Marriages should not be esteemed fair and legal, if not performed in a fair and open Manner, by a Person legally qualified to perform the Ceremony, and appointed to it by Office; and the Government is always concerned and careful to punish any Defect, in the PeformancePerformance [sic] even of those qualified Persons, when they connive at any Breach upon the Institution. in the Office of Matrimony; such as marrying People clandestinely, in improper Places, at unseasonable Times, and without the apparent Consent of Parties; and though the Law is very tender with respect to making such Marriages void, yet they are much the more severe in fixing a Punishment upon the Person that officiates; in order, if possible, to prevent all clandestine and unlawful Matches.

Law then requiring an open and formal coming together, as a just Recognition and Execution of all previous and private Engage-