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church.

of scripture live in holy marriage, than feignedly abuse with worse enormity outward chastity or single life:

II. Be it therefore enacted by our sovereign lord the king, with the assent of the lords spiritual and temporal, and the commons, in this present parliament assembled, and by the authority of the same, that all and every law and laws positive, canons, constitutions and ordinances heretofore made by authority of man only, which do prohibit or forbid marriage to any ecclesiastical or spiritual person or persons, of what estate, condition or degree they be, or by what name or names soever they be called, which by God's law may lawfully marry, in all and every article, branch and sentence, concerning only the prohibition for the marriage of the persons aforesaid, shall be utterly void and of none effect: and that all manner of forfeitures, pains, penalties, crimes or actions which were in the said laws contained, and of the same did follow concerning the prohibition for the marriage of the persons aforesaid, be clearly and utterly void, frustrate and of none effect, to all intents, constructions and purposes, as well concerning marriages heretofore made by any of the ecclesiastical or spiritual persons aforesaid, as also such which hereafter shall be duly and lawfully had, celebrate and made, betwixt the persons which by the laws of God may lawfully marry.

III. Provided alway, and be it enacted by the authority aforesaid, No marriage. that this act, or anything therein contained, shall not extend to give ing in the any liberty to any person to marry without asking in the church, or without any ceremony being appointed by the order prescribed and set forth in the book intituled, the book of common prayer and administration of the sacraments, fc. any thing above mentioned to the contrary in anywise notwithstanding. [2 & 3 Ed. 6, c. 1.]

IV. Provided also, and be it enacted by the authority aforesaid, Decrees and that this act, or any thing therein contained, shall not extend to heretofore alter, change, revoke, repeal, or otherwise to disannul any decree, made. judgment, sentence or divorce heretofore had or made, but that all and every such decree, judgment, sentence and divorce, shall remain and be of such like force, effect, strength and degree, to all intents, constructions and purposes, as they were in before the making of this act, and as though this act had never been had nor made; this act, or any thing therein contained to the contrary in anywise notwithstanding

5 & 6 EDWARD 6, Cap. 12.-An act touching the declaration of a statute made for the marriage of priests, and for the legitimation of their children.—Asbeit that at the session of this parliament holden by the marriprorogation at Westminster the fourth day of November in the second aga o priests year of the reign of the king's majesty that now is, it was ordained spiritual perand enacted by the authority of the same parliament, that all and adjudged every law and laws positive, canons, constitutions and ordinances lawful.

2 & 3 Ed. 6, before that made by the authority of man only, which then did pro- c. 21. hibit and forbid marriage to any ecclesiastical and spiritual person or persons, of what estate, condition or degree they then were, or by what name or names soever they then were called, which by God's law might lawfully marry, and all and every article, branch and sentence concerning only the prohibition for the marriage of the persons aforesaid, should be utterly void and of none effect: and that all

manner of forfeitures, pains, penalties, crimes or actions, which were in the said laws contained, or of the same did follow, concerning the prohibition for the marriage of the persons aforesaid, should be clearly and utterly void, frustrate and of none effect, to all intents, constructions and purposes, as well concerning marriage afore that time made by any of the ecclesiastical or spiritual persons aforesaid, as also such which thereafter should be duly and lawfully had, celebrated and made betwixt the persons which by the laws of God might lawfully marry: yet since the making of the said act, divers evil disposed persons perversely taking occasion of certain words and sentences in the same act comprised, have and do untruly and very slanderously report of priests' matrimony, saying that the same statute is but a permission of priests' matrimony, as usury and other unlawful things be now permitted, for the eschewing of greater inconvenience and evils, so that thereby the lawful matrimony of priests, in the opinion of many, and the children procreate and born in such lawful matrimony rather be of a greater number of the king's subjects accounted as bastards, than lawfully born, to the great slander, peril and disherison of such children: which untrue slanderous reproach of holy matrimony doth not only redound to the high dishonor of Almighty God, but also to the king's majesty's dishonor, and his high court of parliament, and the learned clergy of this realm, who have determined the same to be most lawful by the law of God in their convocation, as well by their common assent, as by the subscription of their hands : and that most of all is to be lamented, through such uncomely railings of matrimony and slanderous reproaches of the clergy, the word of God is not heard with reverence, followed with diligence, the godly proceedings of the king's majesty not received with due obedience, and thereby the wealthy men of this realm discouraged to nourish and bring up their children in learning, so as it is to be feared, lest in place of good learning and knowledge shall creep in ignorance, and for learned men, unlearned ambitious men and flatterers, to the great displeasure of Almighty God, and to the peril of the whole state of God's true religion within this realm, if speedy remedy be not provided

herein : Priests' chil- II. Therefore it is enacted by the king our sovereign lord, with dren shall be legitimate, the assent of the lords spiritual and temporal, and the commons, in and inherit this present parliament assembled, and by the authority of the same tor's lands. parliament, that the matrimony of all and every priest and other

ecclesiastical and spiritual person and persons heretofore had, celebrated and made, and the matrimony of every priest and other ecclesiastical and spiritual person, which shall hereafter duly be had, celebrated and made, shall be adjudged, deemed and taken for true, just and lawful matrimony, to all intents, constructions and purposes: and that all and every children and child born in any such matrimony, shall be deemed, judged, reputed and taken to all intents, constructions and purposes, to be born in lawful matrimony, and to be legitimate and inheritable to lands, tenements and other hereditaments, from and by any of their fathers, mothers and other ancestors, in like manner and form, to all intents, constructions and purposes, as any other children born in lawful matrimony betwist

any of the king's lay subjects be inheritable: and that by the autho- Priests shall rity aforesaid, as well all and every priest and other ecclesiastical and the curtesy, spiritual person and persons be and shall be enabled to be tenants and their by the curtesy, after the death of their wives, of such lands, tene- dowable of ments and other hereditaments as their wives shall happen to be their lands. seized of, of estate in fee-simple or estate in fee-tail general, during the spousals; as also every wife of every such priest and other ecclesiastical person, shall be enabled to claim, demand, have and enjoy dower of the lands, tenements and other hereditaments, whereof her husband during the espousals between them was seized, of estate in fee-simple or fee-tail general in his own right, in like manner and form, to all intents, constructions and purposes, as any other husband or wife may or might claim, demand, have or enjoy ; any law, statute, ordinance, canon, constitution, prescription or custom had, made, exercised or used in this realm, to the contrary in any wise notwithstanding.

III. Provided alway, that this act, nor any thing therein con- Asking in tained, shall extend to give liberty to any person to marry without asking in the church, or without the ceremonies according to the book of common prayer and administration of the sacraments, nor shall make any such matrimony already made, or hereafter to be made, good, which are prohibited by the law of God for any other

the church.

cause.

IV. Provided also, that this act, nor any thing therein contained, Divorces alshall extend to alter, change, revoke, repeal or otherwise to disannul ready made. any decree, judgment or sentence of divorce heretofore had or made, or to change or alter the possession or inheritance of any lands or tenements already descended; but that they and every of them shall remain, continue and be of such like force, effect, strength and degree, to all intents, constructions and purposes, as they were before the making of this act; this act or any thing therein contained to the contrary in anywise notwithstanding.

1 MARY, SEss. 2, CAP. 2.-A repeal of the statute of 2 & 3 Edward 6, c. 21, made to take away all positive laws ordained against the marriage of priests; and of the statute of 5 & 6 Edwaril 6, c. 12, touching the marriaye of priests and legitimation of their children.

2 JAMES 1, CAP. 25, Secs. 49 & 50.-An act for continuing and reriving of divers statutes, and for repealing of some others.

XLIX. And that an act made in the session of parliament, holden Marriage of upon prorogation at Westminster the fourth day of November in the priests second year of the reign of the late king Edward the sixth, and c. 21. there continued and kept to the fourteenth day of March in the third year of the said late king's reign, intituled, an act to take away all positive laws made against the marriage of priests.

L. And an act made in the session of parliament holden upon Ecclesiastiprorogation at Westminster the three and twentieth day of January 5&6 Ed. 6. in the fifth year of the reign of the said king Edward the sixth, and c. 12. madle there continued and kept until the fifteenth day of April in the

year of his reign, intituled, an act made for declaration of a statute made for the marriage of priests, and for the legitimation of their children'; shall stand revived, and be in force for ever, the said act of repeal notwithstanding: and the children of ecclesiastical

2 & 3 Ed. 6.

perpetual

sixth

VOL. III.

C C

of ecclesiastical persons

The children persons in the said act mentioned, shall be and continue legitimate

and inheritable to all intents and purposes, in such sort as children shall be legi- of lay persons do enjoy and may inherit; any canon or constitution inheritable. to the contrary notwithstanding.

SPACE LEFT

FOR REFERENCE, IF NECESSARY,
TO ACTS OF PARLIAMENT PASSED SUBSEQUENT TO A. D. 1841.

MARRIAGES OF THE ROYAL FAMILY.

p. 262.

sess. 1. c. I.

28 Henry 8, CAP. 7.— An act for the establishment of the imperial crown of this realm.-See Title—“MARRIAGES, ENGLAND," vol. iii.

28 HENRY 8, CAP. 18.-It shall be high treason for any man to espouse, marry or take to his wife, any of the king's children being lawfully born, or otherwise commonly reputed for his children, or any of the king's sisters, or aunts of the part of the father, or any of the lawful children of the king's brethren or sisters, or to contract matrimony with any of them, without the king's licence first had under the great seal, or to deflower any of them being unmarried : REP. 1 Ed. and the woman so offending shall incur the like danger.

6, c. 12. 1 M. 12 GEORGE 3, Cap. 11.- An act for the better regulating the future marriages of the royal family.-Most gracious sovereign, whereas Preamble. your majesty, from your paternal affection to your own family, and from your royal concern for the future welfare of your people, and the honor and dignity of your crown, was graciously pleased to recommend to your parliament to take into their serious consideration, whether it might not be wise and expedient to supply the defect of the laws now in being; and, by some new provision, more effectually to guard the descendants of his late majesty king George the second, (other than the issue of princesses who have married, or may hereafter marry, into foreign families) from marrying without the approbation of your majesty, your heirs, or successors, first had and obtained; we have taken this weighty matter into our serious consideration; and, being sensible that marriages in the royal family are of the highest importance to the state, and that therefore the kings of this realm have ever been entrusted with the care and approbation thereof; and, being thoroughly convinced of the wisdom and expediency of what your majesty has thought fit to recommend, upon

this occasion, we, your majesty's most dutiful and loyal subjects the lords spiritual and temporal, and commons, in this present parliament assembled, do humbly beseech your majesty that it may be enacted; and be it enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that no descendant of the body No descendof his late majesty king George the second, male or female, (other

majesty, Geo. than the issue of princesses who have married, or may hereafter 2. (other than marry, into foreign families) shall be capable of contracting matri- princes mony without the previous consent of his majesty, his heirs, or married, or successors, signified under the great seal, and declared in council, (which consent, to preserve the memory thereof, is hereby directed foreign fami:

be to be set out in the licence and register of marriage, and to be en- capable of tered in the books of the privy council); and that every marriage or

contracting

matrimony matrimonial contract, of any such descendant, without such consent without the

ant of his late

who may

marry into

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