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Exaltation (Elevation) of the Precious Cross

Приложение V. Предписание и предупреждению злоупотреблений при совершении супружеского таинства

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702 How many great benefits for human life are included in the holiday, with God's blessing, the sacrament of matrimony, which is initiated and observed in innocence, everyone who thinks sanely and piously cannot find doubts! This protects human thoughts and hearts from the lustful, which violates the integrity of conscience and life. For this, God sends a blessing from above to hasten the improvement of life, in all undertakings and affairs, with the mutual help of spouses. From this comes not only the preservation and multiplication of the human race, but also the observance and exaltation of its very bliss through the honest upbringing of children prepared and accompanied by the fear of God and the virtue of parents. All this depends as much on the unblemished observance of obligations, which in this sacred union are sacred and inviolable mutually kept by the spouses, as much and especially on this, when the virginity and holiness, God's blessing of the attractor, at the very entry into this union are diligently considered and strictly observed. It is impossible to expect successful followers there, where there are unblessed beginnings, contrary to God's good will. According to the cases conducted in the Spiritual Governments, it is quite clear that at the very entry into marriage, both on the part of the clergy, on whom the sacrament of this accomplishment depends, and on the part of others who can have a part in it, many things happen that violate the sanctity of this sacred union: such as: 1) the masters of their slaves and slaves, even where the parents of their children force them to enter into marriage, without their own free will. Girls are sometimes admired for various tricks and are forced into marriage under threats. On the contrary: 2) Children without the will of their parents and others without proper permission enter into marriage: it happens that even insane people are allowed to marry. 3) Minors who have not reached the right age for marriage are married; at the same time, the inequality of these spouses in years is not observed: this is why many lawlessness and the most disastrous accidents occur. 4) Entering from the living spouses illegally into other marriages by free will, and sometimes also by involuntary divorce of one of them, 5) Marriages, and more dubious and prohibited ones, sometimes happen not in parish churches and without the permission of the priests of those churches; and moreover, this is done not in churches, but in chapels, on prohibited days and times, secretly, and even without such people who are required to be present at the performance of the conjugal sacrament. 6) Before the wedding, the betrothal is arranged at home, which leads to many difficulties, due to the disagreement of either party, the marriage will then be entered into. 7) Marriages are sometimes performed in degrees not permitted by the church, which can happen, both for these spouses and for their children, as from an illegal marriage of those born, which is not a happy consequence. 8) Pre-marriage searches subject to church and state laws are not made; and this is especially the fault of all in the commission of marriages by lawless successions. 9) Many do not observe this, so that those who want to enter into marriage know, although the very first foundations of faith and law, and at the same time a few brief prayers, which are undoubtedly necessary, both for the spouses themselves, and for the upbringing of their future children. With this: 10) Many people do not observe the necessary precautions when, for some reason, people of different faiths enter into marriage. 703 The Most Holy Governing Synod, looking at all this with sorrow and diligently discussing the abhorrence of these shameful and harmful abusers in the holy church, and having the command of Her Imperial Majesty the most pious Empress, puts, first of all, satisfied, with possible clarity, on all the above-mentioned reasoning; then determines the prescription necessary for this. At the same time, he exhorts in the name of God and eternal salvation, as a spiritual (rank), on which the performance of the conjugal sacrament depends, so parents, or who replaces their position, and moreover, every rank of superiors, so that according to these instructions everything should be carried out without fail, under the fear of the inevitable, both from God himself, at His terrible judgment, and according to all church and state legalizations of torture. Argument 1. About how necessary mutual consent of those entering into marriage is necessary The sacrament of matrimony contains a condition between two persons confirmed by an oath before God and His holy altar in a union not only of the body, but also of the soul, so that faithfulness and love are kept sacred and inviolable, throughout life, overcoming everything that may happen, including difficulties. If all conditions (whatever they may be) cannot be legal, and therefore firm, when there is no mutual agreement between the persons from whom they originate, then how much more a condition in a conjugal union requires this, where the only important obligation is fulfilled, with the invocation of God's name and blessing. It follows from this; if even one of the persons entering into marriage did not have and did not confess mutual consent to it, the priest must leave the action of the conjugal sacrament and not proceed to its end in any way, under the threat of losing his rank. Yes, and a marriage, if it was performed without the mutual consent of the spouses and their oral confession, even if it was in accordance with church regulations, cannot be honored (as will be shown below) as a blessed and legal marriage. From this it is clear to everyone how disgusting, even disastrous it is to enter into a marriage union under any coercion of at least one of the spouses, both because it can lead to constant discord in such a marriage, and also to disorder in life itself, and especially because this coercion no longer gives place to mutual will to the marriage union, and thus such a marriage cannot be respectable to be lawful and blessed by God, who does not have that which is the very essence of this sacrament. The same thing shows how contrary to the sacrament of matrimony it is to enter into a marriage union with an insane person, male or female. The first: that there cannot be mutual love, mutual help in life and good upbringing between such spouses, if there were children from them, what is the beginning and the very intention of God in the blessing of the conjugal sacrament. 704 Second: that a person deprived of reason cannot have free will, and therefore there cannot be mutual free will, which is irrevocably necessary for the performance of this sacrament, from which it follows that even this marriage itself cannot be lawful and blessed by God. Argument 2. That children should not enter into marriage without the will of their parents As harmful and unforgivable as any kind of coercion to a marriage union is, so unforgivable and harmful is the self-will that occurs here, and especially children, when without the will and blessing of their parents, they dare to do this. The first: this audacity goes beyond the limits of respect and obedience, with an insult to those who are obliged to observe that holiday, but in this it is more delicate than other undertakings and affairs. Second: he offends God himself, violating His holy commandment to observe respect and obedience to these persons; and therefore God's blessing cannot be here either, without which all human enterprise is nothing. The third: that the enterprise itself in this matter cannot be safe and harmless; for it is passionate (sic), and often unhappy consequences follow this boldness, after which, although there is repentance, it is too late and useless. According to the rules of the saints, the Father defines these daring marriages as follows: "Without the will of her father, having followed her husband, she is called a harlot, and the union is uncertain, even if the parents do not agree." The same thing should be understood about slaves and about others who are under the authority, as the Father said about this in the rules of the saints: "If a slave is not counted according to the will of his masters, who are under the authority, the essence is not solid." Excluded here are children who have reached a perfect age and are no longer dependent on parental care, and a girl, whether there is at least twenty-five years of age, who, even if due to some circumstances and against the will of the parents, entered into marriage, deserve to be freed from the strict judgment, according to the holy rules. But this exception applies when it is necessary; however, older children are exempted from respect and obedience to their parents in everything, and even more so in such an important enterprise. Reasoning 3. What should be observed when making errors in the reasoning of age The correct entry into a marriage union is determined by age: a man must have at least fifteen children, and a woman must have at least thirteen children from birth. At the same time, it is necessary to observe this danger, so that even at the right age there is no great inequality in years. How many and great lawless and disastrous cases occur from this and from the other!... It happens that the fathers of such minor sons, having lost their conscience and not fearing God's wrath, finding them in senseless years, defile their beds themselves, and the wives of such minors, on top of this, fall into the worst iniquities: they kill their husbands in various ways, hating and malice towards them, according to their nature innocence, when they do not find a marital match in bed. But some of such husbands reach a ripe old age, and their wives in the meantime are already getting old, then their husbands, as in years younger, despise the old age of their wives and break the law. So, in both cases of such marriages and those sins, sin is added to sin and iniquity to iniquity. Old age itself in both sexes should not be neglected when a younger person agrees to marry an elderly person. Such a marriage does not already correspond to the holy intentions with which God determined and blesses the marriage union. Here, instead of good intentions, passions are responsible for many bad consequences, and under the guise of a supposedly legal marriage, the very lawlessness sometimes hides. Argument 4. When permission is granted, it is possible to enter into other marriages of those left by will, or out of necessity, from their spouses This abandonment in marriage, or rather in settlements, happens either by running away from their homes, which happens in both sexes, or by leaving for trade, or by giving up for military service. Each of these abandonments requires waiting for a return, or at least for obtaining reliable information, is the person left alive or no longer alive? Without that, entry into other marriages, according to the rules of the holy Father, is considered adultery. The 92nd rule of the Sixth Ecumenical Council defines this as follows: "If the husband is absent, and the wife does not introduce him to him, marries another, he commits adultery: and the returning husband, if he wants, let him understand her." The waiting time, either for the return, or for the receipt of reliable information about the life of the expected person, according to civil laws, is mandatory. If either person is missing, or the husband does not come to fight, then either the husband or the wife will remain for five years. and even after five years it will be known about the end, and even if it is not known, marry and get married. This permission is limited, as a precaution, by the same laws; so that even after the five-year period has passed, and even if there was some outside notice about the death of the spouses, they will not soon start a new marriage. But first diligently, through whom they should, find out whether this is the true essence? yes, and then the priest will perform the marriage not by himself, but by order of the spiritual superiors. In Kormcha's book on secret marriage, this is defined as follows: "it is dangerous for a priest to be careful, because it is not convenient to marry fugitives and strangers and those who do not have their own settlement, that is, a place known or determined to stay, below those who previously lived in marriage, who are military wives or captives and wanderers: is the first dangerous thing about all of these created test, and you have informed your shepherd about the matter, and from him I will take a blessing to crown and bless each conjugation." The Church of God cannot look at such spouses who, for some reason due to disagreements, leave each other and live in separation without great regret, as much happens here in their life and in their estate itself. how much the innocence of children suffers, both in terms of upbringing, and in terms of the well-being of their care itself. The Gospel teaching is true here: even if the house is divided, it cannot stand. Those who are divorcing each other and leaving each other, it is not otherwise possible for any of them to enter into a new marriage, as they previously requested by legal order in the Spiritual Government for the proper dissolution of their previous marriage. And even after such a termination, when entering into a legal marriage, the power is given to one person who is innocent of the previously committed abandonment of the other. Argument 5. How much does it take for spouses to have the same profession of faith, and what precautions should be taken in condescension in this regard What kind of connections between spouses of faith can be beneficial, there is no need for many proofs. First of all, true conjugal love cannot be based on anything so much as a consensus on the dogmas of faith, on God's commandments, on virtues and vices. Differing in faith and law is as dangerous as it is for parents to preserve mutual love between them, so it can be disastrous for their children. - The first: that their upbringing cannot be orderly and successful with such disagreement of parents. The second: that there can be no agreement and direct love between children, when they also have these differences of opinion, in that one follows the father, others the mother... And if there is a disagreement of some kind (and the most convenient for reconciliation) between the household, it cannot remain in the firmness of its well-being at home, even more so when the source of it is this difference of opinion. But as, under certain circumstances, it is sometimes necessary to allow people of different religious faiths to enter into marriage, so that this is beneficial and not harmful, in the creation and not in the destruction of the marriage union, or (without) other bad consequences, the following precautions should be taken before entering into such a marriage: they will not seduce and bow down to their confession of the second spouse, as well as raise children born from them in piety, on the basis of the blessed and eternally worthy memories of the Sovereign Emperor Peter the Great decree of 1721; 2) to oblige the person of the Orthodox confession, so that his or her husband or wife, through reasoning, prayer, and even mutual love, bows down to unanimity in faith, in knowledge and observance of God's law, expecting for this as much as great improvement in the home and upbringing of children, as much as God's blessing in everything. The same condescension should not be simply from the priest in their parishes, but from submission to the Spiritual Governments according to the order that can do this, after consideration of the circumstances and persons entering into such marriages. Reasoning 6. When the betrothal of the newlyweds should be engaged Betrothal is a preparation or a pledge to perform, with God's blessing, the sacrament of matrimony. The rings, alternately then placed on the hands of those preparing for the marriage union, mark their very betrothal, or the joining of hearts to unbreakable forever conjugal love, to which they will give a promise in the blessing of God himself, in front of His holy altar, their conjugal crown. The time was determined by ancient state laws to be four and two years before the betrothal before the wedding; eternally worthy of the memory of the All-Russian Emperor Peter the Great by decree of 1702, it was determined to be him exactly six weeks before the wedding, and according to some interpretations, even according to the open floor in the reasoning of persons preparing for marriage, it was ordered by the Most High decrees to destroy that betrothal and consider it invalid. But just as now, which is revealed in cases in the Spiritual Governments, sometimes between the betrothal and the marriage, some of the betrothed are already confused before the marriage itself, which is why requests are made to annul the betrothal, in order to enter into marriage with other persons, for this reason the Holy Synod, for the necessary consideration, in order to avoid difficulties and worries for the betrothed and those who may follow their surnames, determines they will send that betrothal according to the position not before, but before the wedding itself. A marriage performed as usual in a home or even in a church, at some time distance from the marriage, is considered invalid. Argument 7. About the days or time in which marriages are prohibited The time when it is forbidden to marry. The first: in four posts, that is, from the third day on the tenth day of November to the seventh day of January. Second: here are the meatless Sundays that precede the cheese week and Great Lent, even before St. Thomas' Sunday. Third: from All Saints' Week to the twenty-ninth day of June, that is, to the feast of Saints Peter and Paul. Fourth: from the thirty first day of the month of July, to the fifth on the tenth of August, that is, to the feast of the Assumption of the Mother of God. Fifth: throughout the year on Sundays, as well as on Wednesdays and Fridays, excluding those days on which meat-eating is allowed. Sixth: on all twelve holidays, namely: on the day of the Ascension of the Lord, on the day of Pentecost and the Descent of the Holy Spirit, on the day of the Nativity of the Mother of God, on the day of the Exaltation of the Cross of God, that is, on the fourth of September ten, on the day of the Meeting of the Lord. Moreover, on the days of the great Saints who are especially glorified among the people, such as: the beheading of John the Baptist, Saint Nicholas and on the day of the church Saints, where those marriages should be performed. And the seventh: on all the most solemn days: on the occasion of the most solemn birth and coronation of Her Imperial Majesty, the happily reigning Grand Empress Ekaterina Alekseevna, that is, on the twenty-first of April and the twenty-second of September, on the days of the birth and christening of their Imperial Highnesses: the Heir of Her Imperial Majesty the Righteous Sovereign Tsarevich and Grand Duke Pavlo Petrovich and His Spouse the Righteous Empress, Grand Duchess Maria Feodorovna, the Righteous Sovereigns, Grand Dukes Alexander Pavlovich and Konstantin Pavlovich. 705 About the forbidden time or days to commit marriages in the Kormchai book on letter 524-m 706 it is defined as follows: "but no one dares to marry anyone in these days, under a fierce correct punishment, even under an eruption: let him allow or bless the marriage ceremonies and feasts in those days." Reasoning 8. Consisting of prior notice to the marriage testimony, prohibited by degrees of kinship, property, matchmaking, and holy baptism 1. The names of kinship mean origin from the same family, or blood, such as a son, grandson and great-grandson, brothers, uncles, nephews and nieces from father and mother. 2. Kinship is considered along ascending and descending lines: descending, as shown above, ascending, as in the case of children, parents, grandfathers, grandmothers, and then to the highest degree. 3. Under the property of the name is understood the approximation consisting of two families, which happens by marriage, as if the husband and wife are related. 4. Under the name of matchmaking, it is understood that the relationship of three families occurs through the marriage of relatives with others, for example, a brother's wife's brother's wife or a sister's husband. 5. Property and matchmaking in degrees are not based on ascending or descending lines, like kinship (ie blood), but are calculated from the side. 6. The church also honors the kinship, called spiritual, which occurs (after holy baptism) between parents and adopters of their children from holy baptism. 7. The husband and wife, from whom the generation begins in the kinship, do not depend on the number of degrees, but are considered the beginning or the root of those originating from them. 8. In the calculation of degrees both by kinship, and by property and matchmaking, the following is the general or main rule: the number of births, the number of degrees. Why should a husband and wife be considered for two degrees in the calculation of property and matchmaking. 9. In this calculation, the male and female genders are equally respected. 10. Brothers and sisters, relatives, cousins, grandchildren and great-grandchildren, no matter how many there are on the male and female side, all are respected among themselves in the second degree. 11. Brothers and sisters of the same blood, no matter how many there are, should be named and numbered in the descending line: relatives in the second degree, cousins ​​in the fourth degree, grandchildren in the sixth degree, great-grandchildren in the eighth degree. 12. Stepfathers and stepmothers are listed in degrees, as well as father and mother, as well as stepsons and stepdaughters, together with their own sons and daughters. Clarifications. About prohibited marriages Explanation 1. By kinship or by blood By consanguinity, marriages are prohibited up to the eighth degree, but the seventh is permitted with the eighth, as can be seen from the following. 1. No one can take his sister as his wife, because it is of the second degree. Peter gave birth to George and Mary: two births and two degrees make up. That's why they should not be combined with marriage. 2. No one can marry the daughter of his own brother, that is, his own niece, because it is of the third degree. For example: Peter gave birth to George and John: two births make two degrees, John gave birth to Mary, this is the third birth, the third and the degree. Maria is George's cousin, so they should not get married. 3. No one can marry his cousin. For example: Peter gave birth to George and John: brothers, two degrees between them. From George was born Thomas, and from John Martha, who are cousins ​​to each other, and by four births they make up four degrees, so they should not marry. 4. No one can marry his cousin's daughter. 5. No one can take a third cousin's wife, i.e. [great]grand-sister. 6. No one can marry his third cousin's daughter. 7. Anyone can marry his fourth-born or [great-]great-granddaughter's sister: because this is of the eighth degree. 8. Anyone can marry a third cousin or grandchild of his grandsister. Explanation 2. About prohibited marriages arising from property or from two families, that is, from the kinship of the husband and the kinship of the wife Marriages between cohabitants, or persons originating from two families, are prohibited up to the seventh degree: the sixth is permitted with the seventh, as can be seen from the following. 1. No one can enter into marriage after the death of his wife with her daughter, born of the second husband, that is, his stepdaughter. 2. No one can still enter into marriage after the death of his wife with her mother, that is, with his mother-in-law. 3. No one can marry after the death of his wife with her granddaughter, that is the second generation. 4. No one can marry his own sister after the death of his wife. 5. No one can marry after the death of his wife with her great-granddaughter, that is, the second generation. 6. No one can marry his wife's niece. 7. No one can marry after the death of his wife with her great-great-granddaughter, who is the same. 8. No one can match two cousins In the second way, the indication of marriages with persons from two families 1. A father and a son cannot marry a mother and her daughter born of another husband. 2. Father and son cannot marry a grandmother and her granddaughter from the second generation. 3. Father and son cannot marry her great-grandmother and great-granddaughter from the second generation. 4. Father and son cannot marry her great-great-grandmother and great-great-granddaughter from the second generation. 5. Father and son cannot mate with two cousins. 6. Father and son can match with an aunt and her cousin. Indication of the third way about marriages of two families. 1. Two brothers cannot marry two sisters. 2. Two related brothers cannot marry a mother and her daughter from a second husband. 3. Two brothers of the same name cannot marry with an aunt of the same name and her niece. 4. Two cousins ​​cannot marry two cousins. 5. Two cousins ​​can marry a cousin aunt and her niece. 6. An uncle and a nephew can be combined on two cousins. Explanation 3. About prohibited marriages from matchmaking, or from three families, i.e. from the kinship of the husband and from the kinship of the wife and from the properties of the persons from whom it originates Arranged marriages from matchmaking or from three generations begin at four and end in five degrees. This is reflected in the following instructions: 1. No one can marry his stepson's wife. 2. No one can marry his brother-in-law's wife, let alone his own brother. 3. A stepmother cannot marry her stepdaughter's ex-husband. 4. A relative's brother can marry his step-wife. 5. She can marry her husband's sister, i.e. his son-in-law, with his brother's wife. 6. A son-in-law can marry a sister-in-law's wife with a cousin. Explanation 4. About forbidden marriages by spiritual kinship, i.e. according to the perception of St. baptism 707 Here, first, the designation and confirmation of the degrees in which marriage by spiritual kinship is prohibited and permitted, the following are the preduvedemleniya. The first: in Kormchai's book, the objection to marriage by spiritual kinship is defined in a different way. Opinions, which have become commonplace, are forbidden to the same extent as they are forbidden in blood relations, that is, they are not closer than they are allowed in the seventh and eighth. In the same place, the laws of the ancient Greek sovereigns define in the prohibition of four specific degrees, that is, it is forbidden to understand in marriage both the adopter himself and his son, not only the mother adopted from the baptismal font, but also her daughters and the daughters of others born from her. By the Sixth Ecumenical Council in rule 53, from which the determination of degrees in marriage by spiritual kinship began, two tokmo are determined in the prohibition of degrees, i.e. not to understand in marriage that one (after the death of the husband) to the one who accepted her children from the baptismal font. Second: it is customary and customary to baptize two persons from one baptized person, male and female, and sometimes many people are allowed to do so. But that there was any spiritual kinship between these persons, nothing is determined in Kormchei's book. According to the ecclesiastical establishment, in Trebnyky, with the holy baptism sealed, it is required for satisfaction to be received from the baptismal font by one specific person, that is, in the case of the male gender - one receiver, and in the case of the female gender - one receiver; yes, even the most decency requires this, when those baptized were and are older; why, even if, according to custom, there were two or many persons of both sexes of the same male or female receptive sex, they cannot enter into spiritual kinship, because in the Nomocanon, printed in Trebnik, under the number 211, the marriage itself is then dissolved, if the husband and wife are receptive at the same baptismal font: then this cannot be taken as the correct position. For where it was taken from and when it was included in the Nomocanon, no solid statement can be found. - Third: the degrees of spiritual kinship are counted only along the descending line, while the ascending and lateral lines are not included in the calculation. Why is it that those who are accepted by one person at the baptismal font do not have an obstacle to entering into marriage. - Fourth: degrees of spiritual kinship consist of: the perceiver, or the perceiver with the perceiver, or the perceiver from the baptismal font, - in the first, perceivers with their parents, from whom they perceive - in the second; children of adoptees by blood with adoptees from holy baptism - in the third. 708 From all of the above, according to a satisfactory reasoning, in the prohibition of entry into marriage in spiritual kinship is no longer defined as exactly three degrees, as satisfied in the observance of respect for the sacrament of holy baptism; yes, they cannot enter into marriage, the first: receivers from the topic, in which they receive ot St. baptism of children, because in the second degree; the second: children of adoptees by blood with baptism adopted by the saint. Peter, who was Mary's adoptive father from the baptism of children, cannot enter into marriage with her afterwards. The second degree is prohibited. John Anna, the godfather's daughter, cannot conceive in marriage. The third degree is restored. Vasily cannot conceive of Irina, the goddaughter of his mother, in marriage. The third degree is prohibited. Prescription About the search, is it correct for someone to enter into marriage unimpeded? In order for the sacrament of matrimony to be performed solemnly and without any proper obstacle, the priest on whom this ceremony will depend must observe the following in every way: 1. Is there not some kind of kinship between those who want to marry: by blood, by two or three generations, or by reception of holy baptism? if there is, find out to what extent it is permitted or prohibited according to the above-mentioned prescription, according to which the debtor must certainly act. 2. It is important to look carefully at whether the entry into marriage is entered into with complete free will on both sides, whether there is any coercion in this, and on the contrary, whether they themselves have the permission to do this, or who should? And if any of these things turn out to be the case, then leave this commission, and if there is any doubt that this will be the case, however, they will not proceed to the commission of the marriage until they know about it. 3. Do those who want to get married have the right age for that, such as: the groom is at least fifteen, and the bride is thirteen? Watch this diligently, does not a lot of inequality appear in the years between these persons, and besides, do they know what it is necessary to know, concerning faith and the law of God? What should the priest observe and observe, under the threat of neglect of the inadmissible fine, and even deprivation of the priesthood. 4. Investigate diligently, who and from where? Is there not a single face in the living of the first husband or wife: rather, see this in soldiers and their wives, in prisoners and all those who move from one place to another. What for? 5. Before the wedding, the priest must perform the sacrament of matrimony, three times on the following holidays, in the church, according to the Divine Liturgy, he will announce about them that they intend to enter into marriage, and does anyone know what are the obstacles to their marriage, according to all the above, and everyone should announce this truthfully, according to the Christian duty. When the bride and groom do not belong to the same parish, this announcement must be made in both parishes, with the mutual consent of those priests, and if there is no doubt about such an announcement, the sacrament will be performed. If anything contrary or at least suspicious is found, then, without performing the sacrament, they will present it to the bishop or someone entrusted with it. For what reason, none of the priests will begin to perform the sacrament of marriage, just like the one in whose parish the bride and groom will be present. As for the second, unless he is given permission to do so for some reason, he does not do anything. 6. When, according to the notices, there will be no accusation of marriage, and the priest himself does not see an obstacle in this, then the quarreling parents from both sides, or whoever is able to replace them, leads (except peasants) to the oath in the form printed here below, writes it down on a special sheet, under which those who took the oath themselves and the two witnesses who were there to sign. As for the servants, they must demand assurance from the masters themselves that they are their serfs and the bride is free, with the specified release, and that there is no kinship, property, or mutual obstacle to marriage between them, and that there was no coercion from them to that marriage, in which the betrothed is required, under the oath of the court of God and an oath, a writing, which he keeps for the priest in lieu of a search, and then he vows to write in the metric tetrads with the registration of rank, names, homeland, nickname and age, and so proceed to the marriage, wrote down the hour, month and date when it took place. 7. In the case of marriages of peasants and business people, residents of villages, those getting married before the wedding, from their parents, or, if they are not named, from those whom they have for them, instead of an oath, take fairy tales in the form printed below. After that, write down their defects in metric tetrads, according to the above. For a better understanding, and at the same time for a quick and ready observation, as if in a mirror, of what is contained in all the decrees, abbreviated points are attached from them, as rules that protect the sanctity of the sacrament of matrimony, upon entering it. 1. They will not marry a groom who is not yet 15 years old, nor a bride who is not yet 13 years old. 709 2. They will not crown a great inequality in the years of those who have, for example; a 17- or 18-year-old groom, a 20- or 30-year-old bride, or a 17- or 18-year-old bride. 3. They only marry Orthodox with Orthodox; if there was sometimes a necessary need to combine with an Orthodox non-Orthodox person, in such a case it is reported first to the bishop, or to the consistory, for appropriate consideration and prescription. 4. Do not marry the insane, even if such a person turned out to be just one. 5. Parents, masters, commanders, relatives and guardians will not be married at the will of one, if both of them, or one person, in the church before the Gospel with a holy and honest cross, in the presence of priests and church officials and in the presence of all those present there, declare themselves compelled to do so. 6. On the contrary, they will not marry those who want to enter into marriage on their own free will, without the will of their parents, masters, commanders and guardians. 7. Fugitives and aliens from other places, male and female, who do not have valid proof of their celibacy, kinship, honest and orderly life, will not be married. 8. Military men and their wives who do not have their commanders, headquarters, and senior officers with a written, reliable certificate of their celibacy or widowhood will not be married. 9. They will not marry, if there is any doubt in the degrees of any kind of kinship, which are mentioned above in the documents, but first thoroughly report it to the eparchial bishop and expect a decision from him. 10. Do not marry with a false and closed face; in the case of sex, a marriage cannot be converted into a marriage and can be dissolved altogether. 11. Lower military ranks and peasants will not be crowned without valid guarantees and their signatures, and the nobility, merchants and raznochintsov - without a decree oath. 12. They will not marry those who do not tell about themselves before the wedding, with whom they want to marry. 13. One priest will not be crowned without church officials, but in addition there would be outsiders from the world. 14. Outsiders will not be married to any of the priests, except for real parishioners or those of them will be allowed. They get married only in churches where either the bridegroom or the bride attends, where this is customary. 15. They will not marry on the days in which it is forbidden to send this action, which is shown above in the seventh argument, why they will certainly do so. 16. A bride arranged or betrothed for a friend should not be married, except when the arrangement and matchmaking is invalid for some reason. 17. A person who is divorced because of adultery and one who turns out to be innocent by grandfather will not be married without the bishop's written permission, and a guilty person will not be married at all. 18. They will not perform the betrothal according to the rank, in Trebnyk about the secret marriage shown, in the house, but only in the church, even before the very wedding. Why should the bridegroom and bride ask questions about their mutual consent to marriage before the betrothal, and not before the wedding. 19. In any marriage, if at least one of the above points is not fulfilled, it will not be considered a holy and legal marriage, but after the investigation, reliable consideration and decision of the bishop, it should be dissolved and completely destroyed. On top of that, those who have had sexual intercourse unlawfully shall be punished by church penance. And the priest, who committed such a defect in the administration, or even if he did not make the necessary search about it, moreover, even if he did not do this himself, but he will lead a friend to it by lying, also the deacon and church associates, who, moreover, were in the administration and agreed to this, shall be deprived of their ranks altogether, as participating in unlawful intercourse. People of the world, who have courted and attended such a marriage, must be handed over to the civil court and fined according to the laws. The form of the oath of the parents, or who takes their place in the persons of the newlyweds I, the one named below, promise and swear by Almighty God, before His holy Gospel, that my son (or grandson, or nephew, who is being married to me in the person of a son) who is now married to me, has designated the rank and place of his service and nickname, name, who will marry a maiden (or widow) name, name daughter, intends, with my permission, to legally marry at his own will, good and unforced, and has a strong thought and ardent desire and unchanging intention for it, and honestly, after obtaining this secret, we will have intercourse with her in marriage, and kinship between them, spiritual and carnal, and appropriation, which does not allow marriage, and no other proper obstacle, prohibiting marriage, is found, and from me to the one who combines with that person Marriage was not forced in any way in the past and is not happening now. And I conclude this sworn statement as follows: if at least one of the above statements is not true, I owe it to church and political torture. At the end of this oath of mine, I kiss the words and the cross of my Savior and sign my name. 710 The form in which, in case of marriages of peasants and business people, residents of villages, before the wedding, take fairy tales from parents, or who takes their place, as well as where their masters or tellers Year, month and number, church of such and such in the city or village, name, priest, name, name (write place, title, name, place of birth and surname) before the wedding of such and such, names, place of birth and surname, the undersigned witnesses said that there is no other obstacle to the marriage between the subjects of dispute, kinship or property, and they enter into it by mutual consent and of their own free will (will who have) their parents, and slaves are at the will of their masters, and they are under no compulsion to do so. If someone enters into a second or third marriage, then in the form of an oath and in the searches, write also the following that they enter into that marriage genuinely, the first name, and the first name, or both of the second or third marriage, and the husband is not from a living man, and the wife is not from a living man, and they are of age, groom: 00, bride: 00; and they are truly serfs of that mistress, and the bride is free with a decree of leave, and both are not fugitives. In what, under the fear of God's and civil judgment, we sign. And under such a search, the parents, or whoever is on their behalf, as well as the witnesses themselves, will sign, and those who cannot read and write, then whom they will believe instead of them. After that, their defects should be recorded in metric books against what is written above. 1. In the calculation of degrees by blood, husband and wife make up one degree, as both of them are born from the same beginning. Both will become one flesh and so on. 2. In the calculation of degrees by property and matchmaking, i.e. from two and three generations, as it happens along lateral lines, and not descending or ascending, husband and wife make up two degrees, on the basis of this: how many are born, so many degrees. 3. Brothers and sisters, or other relatives of the same degree, no matter how many there are, belong to the same degree, as brothers are first cousins ​​in the second, cousins ​​in the fourth, great-grandchildren in the sixth, great-grandchildren in the eighth. 4. In the calculation of the degrees from three generations, the one who is called the fourth in the calculation of the birth of each person is considered the first, and that the husband and wife make up special degrees here as well. And although according to the ancient laws, marriages from three generations up to the first degree were prohibited, but as such an approximation may lead to some doubt, it is recognized that it is better to allow here (for) marriage the fourth with the fifth degree. 5. It is enough for the recipients of baptism to be one person each, in terms of gender, and although according to custom both sexes are present at the same time, through this, both in those recipients and in others, spiritual kinship should not be considered. 6. An ancient observation in the merging of names, that is, that in marriages from two or three generations, one person does not have a double name, for example, a grandson and a daughter-in-law, a nephew and a son-in-law, even if it was to a remote degree, as it makes it difficult to calculate degrees, it should be abolished. 7. Marriages should not take place not only in prohibited degrees, but also where honesty is violated or suspicion is raised. It's like: the teacher should understand that the girl he's brought up, and even more so in her immature years, is a noble woman who marries a slave or another inferior person, rapes a wife for another person soon, and so on. 8. Those born in forbidden marriages, although they cannot be regarded as dishonestly born, but they cannot inherit with legitimate ones. 9. In the old days, adoption was considered kinship, where certain degrees were determined in marriages. But as this is not currently in use, it is better to leave it without attention. 10. Argument to what extent stepsons and stepdaughters will be honored with stepfathers and stepmothers and their children. 712 From the case of the Synod archive of 1765 No. 291, l. 83–62. Probably only one thing can be said about the origin of this treatise, that it was compiled no earlier than 1779 (see the Seventh Discourse), and no later than 1787. It is self-evident that the author was one of the members of the Holy Synod at that time, perhaps Archbishop of Novgorod (since 1783 Metropolitan) Gavriil Petrov (cf. on the page with the words when the most reverend Gavriil). Almost all of the motives presented here (with the exception of 6, 9, 10) are also included in the decree of the Holy Synod of August 5, 1775 (Full Assembly of Laws, No. 14356). The words: "in чем... mysteries" are written on the margin. This shows that the present treatise was not written before 1779, in which (April 27) Grand Duke Konstantin Pavlovich was born. This quote was made from the Nikon edition of Kormchei, and not from the first synod edition published in 1787. The account is incorrect. If the receiver and the receiver are in the first degree of spiritual kinship, then the natural children of the receiver, who are related to him in the first degree of carnal kinship, belong to the receiver in the second degree, as his brothers and sisters: "because, according to the words of the 50th chapter of Kormchei, one father begat them: one was born of the body, the other was spiritual." See on the page with the words of the Kyiv translator of the book Skordilya. All these points are taken from the treatise of His Holiness Gavriil Kremenetsky. Wed Charter 1. This form is printed in the Full Assembly of Laws as an appendix to the decree of January 5, 1724 (No. 4406). These notes are placed in the treatise through two blank sheets. The last 10th of them is attributed by a second hand, which ruled the treatise in other places as well and hardly belongs to the author himself. This note, obviously, refers to the last (12th) point of the "reasoning of the 8th" and already expresses the author's doubt in the rule stated there. You may be interested in:
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