Politique Obseruation.
AMongst the divers Prerogatives of Princes, that of hindring marriages, is not of the least importance. The right whereof may be proved from the Autho∣rity of some Canonists, whose reputations stand clear in the schools of all Divines▪ and who affirm it in expresse terms. But not to quote their testimonies, me thinks we need no other proof to evince this truth, then common custom. For were not the Emperours the first who determined the conditions and qualities of those who might marry? Were not they the original institutors of who might, and who might not marry? Hath not the Church extracted her decrees from their Laws? Besides those decrees of the Church, have not our Kings eftablished new Orders, as is to be seen in the Ordinance of Blois, where Henry the Third declared all Mar∣riages void, wherein the Banes were not published, which however are not so ad∣judged by the Church? And what hath given credit to the Decree of the Councel of Trent, but our Kings Declarations? Now if the validity depend upon their Seal, how can it be denied, but they likewise have authority to inforce this new prohi∣bition? And have they not likewise Ordained, notwithstanding the Decree that Heretiques should not be obliged to contract their Marriages in presence of the Curate of the Parish where they live, which cease not to be valid and in force? Besides, is there not likewise another Ordinance, which impowered by our Kings only, and the custom of Bretayn, which maketh the marriages of Guardians with their Pupils to be void, then not effected by the permission of the Justice, where∣as the Church is of another opinion? These are reasons which do evidently main∣tain and prove, that our King•• have a disposing power in the marriages of their Subjects. And indeed, what reason were there that they should be denied this priviledge, seeing the whole power is principally conferred upon them, for the preservation of the publique Peace and private Families, which depend exceeding∣ly much, as is not unknown unto any one, upon marriages; which besides, that it is so granted by the chief of Divines, is likewise deduceable from common expe∣rience. Let not any one therefore make a question of it. But if any one demand, in what manner they may hinder and obstruct marriages, I shall make use of a di∣stinction in my answer, and say, that for the making of a general prohibition, it is requisite to Ordain a publique and universal Law, to signifie their Will unto their Subjects, as was done in the Ordinance of Lewis the Eleventh, which inforced the publication of Banes. And in case of a particular marriage there need only a parti∣cular inhibition, to be signified unto the particular persons, intending to contract themselves, so that they be duly informed of the prohibition issued out against their further proceedings therein.