Selected Works of Huldrich Zwingli
IV.: Ordinance and Notice. How Matters Concerning Marriage Shall Be Conducted in the City of Zurich.
Renaissance Huldrych Zwingli EnglishWe, the Burgomaster, Council and the Great Council, which they call the Two Hundred, of the city of Zurich, offer to each and all people’s priests, pastors, those who have the care of souls, and preachers, also to all over-governors, under-governors, officials and any others who have livings, homes or seats in our cities, counties, principalities, high and low courts and territories, our greeting, favorable and affectionate good wishes. I call your attention to what each one of you has noticed and seen up to the present time, that many kinds of complaints and errors have arisen in matrimonial affairs. Since the parties have been summoned before the court at Constance or other foreign courts again and again, and have been judged at considerable cost; since they, at that place, and in cases where the people were well off in temporal goods, have been detained without judgment, and, as far as we know, to their own danger, etc., and in order that such great cost, trouble and labor among you men and women having business with each other with regard to matrimony, and who live and are at home in our territories, high and low courts, may be put aside, done away with and avoided, and also in order that each may be properly judged with promptness, thus we have ordained the following common ordinances concerning marriage, and have given notice of them, and have undertaken to practice them for a time, with the understanding that they are to be decreased, or increased, or entirely done away with. And if any parties come from our true and beloved confederates, from whatsoever place, who desire to seek and make use of law with regard to matrimony on account of the small cost among us, bringing each from his local authorities letters and seals testifying that such right may be extended to them, then they shall be accepted for the sake of especial friendship, and they shall be treated with regard to this law in every way as our own, but we shall not otherwise burden ourselves with any one dwelling outside of the territories of the city of Zurich.
And in order that such legal business may be attended to promptly, as necessity demands, we have chosen as judges six men, two from the people’s priests in our city, who are taught in the Word of God, also two from the small, and two from the large council. Among these, each one shall serve two months as magistrate or judge, shall summon, order, collect, examine, practice and execute such court business as necessity demands.
Whatever they pronounce and judge, according to the contents of the following articles and ordinances, shall stand. If, however, any of our people, or others, wish to appeal, it shall be made to no other body than the Honorable Council in our city of Zurich.
The court days are, and shall be, on Monday and Thursday. The seat or place of the court the judge shall choose and announce. Accordingly, when it has struck one o’clock in the afternoon, then the judges, secretary, the court beadle, and whoever serves the court, shall be there, on pain of breaking their oath, and shall assist in the action, as is proper. But if any one cannot be there on account of business of the city, or other lawful cause, then the burgomaster shall, by means of the beadle, appoint another, and let him sit. And whoever is judge at a time shall have possession of the seal of the court, and shall, through the beadle, announce orally or by other notice the sessions and orders, always in good time. The cases which come before him, and which need consideration or deliberation, he shall not postpone or hold up more than a week, so that the people may be joined or separated promptly.
And here follow the articles and ordinances concerning marriage.
First, a general ordinance: That no one shall enter into matrimony in our city and country without the testimony and presence of at leat two pious, honorable citizens in good standing.