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XVI.
Baines shall be asked in places where the Parties do reside and are known, and if they will be Married in some other place than where their Banes have been called, they shall take sufficient attestation that they have been published three several times.
Pope Innocent the third making Answer to the Bishop of Beavais, in the 4th. Book of Decretals, * 1.1 makes men∣tion of a publication of Banes, and in the Council of Latran which he assembled in the year 1215, he appoint∣ed that the Custom of publishing Banes of Marriage in Churches, observed in some places should be gene∣rally observed in all places: * 1.2 accordingly we Read in the second volume of Dom. Luke D' Achery a Benedictine Fri∣ers Spirilegium, that Nicholas Bishop of Angers, prohi∣bited in the year 1270, * 1.3 to confirm or celebrate any mar∣riage whatsoever, until publication was first made of it in the Church, he also mentions the same practise in another Synod in the year 1274, * 1.4 which William his suc∣cessor also renewed in the year 1304. The Council of Trent in the 24th. Session the 11th. of November, 1563. the 8th. under Pius the IV, prescribes also the same thing.
Cardinal Borrome failed not to confirm this custom, and to recomend the observing of it in his Councils at Millan, and 'tis to be observed the testimonies I have alledged, require that publication shall be made in the Churches of the parties contracting.