in the face of

mate bodily

child, not

bodily knowledge, or fruit of children or child being had therein solemnized between the parties so married, shall be by authority of this present the church, parliament aforesaid deemed, judged and taken to be lawful, good, and consumjust and indissoluble, notwithstanding any pre-contract or pre-con- knowledge tracts of matrimony not consummate with bodily knowledge, which or fruit of either of the parties so married or both shall have made with any withstanding other person or persons before the time of contracting that marriage any pre-conwhich is solemnized and consummate, or whereof such fruit is ensued, or may ensue, as afore, and notwithstanding any dispensation, prescription, law, or other thing granted or confirmed by act, or otherwise; and that no reservation or prohibition, God's law except, shall trouble or impeach any marriage without the levitical degrees; and that no person, of what estate, degree or condition soever he or she be, shall, after the first day of the said month of July aforesaid, be admitted in any of the spiritual courts within this the king's realm, or any his grace's other lands and dominions, to any process, plea or allegation, contrary to this foresaid act.

statute of

2 & 3 EDWARD 6, CAP. 23.-The repeal of an act made in the twenty-second year of king Henry the eighth, which was made, that marriage contracted in the face of the church, and consummate with bodily knowledge, to be deemed lawful, any former contract notwithstanding. Whereas in the thirty-second year of the reign of the Part of the late king of famous memory, king Henry the eighth, because that pre-contracts many inconveniencies had chanced in this realm by breaking dis- repealed. solving of good and lawful marriages, yea, whereupon also sometime issue and children had followed, under the colour and pretence of a former contract made with another, the which contract divers times was but very slenderly proved, and often but surmised by the malice of the party who desired to be dissolved from the marriage which they liked not, and to be coupled with another, there was an act made, that all and every such marriages, as within the church of England should be contracted and solemnized in the face of the church, and consummate with bodily knowledge, or fruit of children or child being had between the parties so married, should be by the authority of the said parliament deemed, judged and taken to be lawful, good, just and indissoluble, notwithstanding any pre-contract or pre-contracts of matrimony not consummate with bodily knowledge, which either of the persons so married, or both, had made with any other person or persons before the time of contracting that marriage which is solemnized or consummated, or whereof such fruit is ensued or may ensue, as by the same act more plainly may appear: sithence the time of which act, although the same was godly meant, the unruliness of men hath ungodly abused the same, and divers inconveniences (intolerable in manner to christian cars and eyes) followed thereupon, women and men breaking their own promises and faiths made by the one unto the other, so set upon sensuality and pleasure, that if after the contract of matrimony they might have whom they more favored and desired, they could be content by lightness of their nature to overturn all that they had done afore, and not afraid in manner, even from the very church door and marriage feast, the man to take another spouse, and the espouse to take another husband, more for carnal lust and bodily knowledge, than for surety of faith

A repeal of so much of

as maketh

uble which

and truth, or having God in their good remembrance, contemning many times also the commandment of the ecclesiastical judge, forbidding the parties having made the contract to attempt to do any thing in prejudice to the same:

II. Be it therefore enacted by the king's highness, the lords the statute of Spiritual and temporal, and the commons, in this present parliament 32 II.8, c.38, assembled, that as concerning pre-contracts, the said former statute that marri- shall from the first day of May next coming cease, be repealed, and age indissol- of no force or effect, and be reduced to the estate and order of the is solemnized king's ecclesiastical laws of this realm, which immediately before in the church the making of the said statute in this case were used in this realm: mated with so that from the said first day of May, when any cause or contract bodily knowledge and of marriage is pretended to have been made, it shall be lawful to the fruit of child. king's ecclesiastical judge of that place to hear and examine the Vin.v. 15,622. said cause and (having the said contract sufficiently and lawfully

and consum

A confirmation of the residue of

of 32 H. 8, c. 38.

proved by him) to give sentence for matrimony, commanding solemnization, cohabitation, consummation, and tractation as becometh man and wife to have, with inflicting all such pains upon the disobedients and disturbers thereof, as in times past before the said statute the king's ecclesiastical judge by the king's ecclesiastical laws ought and might have done, if the said statute had never been made; any clause, article or sentence in the said statute to the contrary in anywise notwithstanding.

III. Provided always, and be it enacted, that this act do not extend to disannul, dissolve or break any marriage that hath or shall be so solemnizated and consummated before the first day of May next ensuing, by title or colour of any pre-contract, but that they be and be deemed of like force and effect, to all intents, constructions and purposes, as if this act had never been had nor made; any thing in this present act notwithstanding.

IV. Provided also, that this act do not extend to make good any of the other causes to the dissolution or disannulling of matrimony, the said stat. which be in the said act spoken of and disannulled, but that in all other causes and other things therein mentioned, the said former act of the thirty-second year of the late king of famous memory do stand and remain in his full strength and power; any thing in this act notwithstanding.

of such as take away

1 & 2 PHILIP & MARY, CAP. 8.-An act repealing all articles and provisions made against the see apostolic of Rome, since the twentieth year of king Henry the eighth, and for the establishment of all spiritual and ecclesiastical possessions and hereditaments conveyed to the laity.-See Title-" APPEALS TO THE SEE OF ROME," vol. i. p. 126.

4 & 5 PHILIP & MARY, CAP. 8.—An act for the punishment of such as shall take away maidens that be inheritors, being within the age of sixteen years, or that marry them without consent of their parents.— Punishment Where maidens and women children of noblemen, gentlemen and others, as well such as be heirs apparent to their ancestors, as others, maidens, &c. having left unto them by their father, or other ancestor and friends, teen years of lands, tenements and hereditaments, or other great substances in goods and chattels moveable, for and to the intent to advance them 3 H. 7, c. 2. in marriage, somewhat like according to their degrees, and as might

within six

age, &c.

be most for their surety and comfort, as well for themselves as of all other their friends and kinsfolks, be oftentimes unawares to their said friends or kinsfolks, by flattery, trifling gifts and fair promises, of many unthrifty and light personages, and thereto by the entreaty of persons of lewd demeanour, and others that for rewards buy and sell the said maidens and children, secretly allured and won to contract matrimony with the said unthrifty and light personages, and thereupon either with sleight or force oftentimes be taken and conveyed away from their said parents, friends or kinsfolks, to the high displeasure of Almighty God, disparagement of the said children, and the extreme continual heaviness of all their friends: which ungodly dealing, for lack of wholesome laws to the redress thereof, remaineth a great, familiar and common mischief in this our commonwealth:

169.

II. For remedy whereof, be it enacted by the king and queen's 3 Mod. 168, majesties, the lords spiritual and temporal, and the commons, of this 4 Mod. 115. present parliament assembled, and by the authority of the same, that it shall not be lawful to any person or persons to take or convey away, or cause to be taken or conveyed away, any maid or woman child unmarried, being under the age of sixteen years, out of or from the possession, custody or governance, and against the will of the father of such maid or woman child, or of such person or persons to whom the father of such maid or woman child, by his last will and testament, or by any other act in his lifetime, hath or shall appoint, assign, bequeath, give or grant the order, keeping, education or governance of such maid or woman child, except such taking and conveying away as shall be had, made or done, by or for such person or persons, as without fraud or covin be or then shall be the master or mistress of such maid or woman child, or the guardian in soccage, or guardian in chivalry, of or to such maid or woman child.

The penalty maid under

for taking a

fourteen

years of age.

III. And be it further enacted by the authority aforesaid, that if any person or persons above the age of fourteen years shall from and after the first day of April next coming unlawfully take or convey, or cause to be taken or conveyed, any maid or woman child unmarried, being within the age of sixteen years, out of or from the possession and against the will of the father or mother of such child, or out of or from the possession and against the will of such person or persons as then shall happen to have, by any lawful ways or means, the order, keeping, education or governance of any such maiden or woman child; that then every such person and persons so offending, being thereof lawfully attainted or convicted by the order and due course of the laws of this realm (other than such of whom such person taken away shall hold any lands or tenements 2 Mod 128. by knight's service) shall have and suffer imprisonment of his or their bodies, by the space of two whole years, without bail or mainprise, or else shall pay such fine for his or their said offence, as shall be assessed by the council of the queen's highness, her heirs or successors, in the star chamber at Westminster.

away, de

IV. And be it further enacted by the authority aforesaid, that if The penalty for taking any person or persons, after the said day, shall so take away, or cause to be taken away as is aforesaid, and deflower any such maid flowering or contracting or woman child as is aforesaid, or shall against the will, or unknowing matrimony

with a woman under sixteen years of age.

Who may hear and de

termine the

of or to the father of any such maid, or woman child, if the father be in life, or against the will or unknowing of the mother of any such maid or woman child (having the custody or governance of such child, if the father be dead) by secret letters, messages, or otherwise contract matrimony with any such maiden or woman child, except such contracts of matrimony as shall be made by the consent of such person or persons, as by the title of wardship shall then have or be entitled to have the marriage of such maid or woman child; that then every such person or persons so offending, being thereof lawfully convicted, as is aforesaid, shall suffer imprisonment of his or their bodies, by the space of five years, without bail or mainprise, or else shall pay such fine for his or their said offence, as shall be assessed by the said council in the said star chamber; the one moiety of all which forfeitures and fines shall be to the king and queen's majesties, her heirs and successors, the other moiety to the parties grieved.

V. And be it further enacted by the said authority, that the king and queen's highness' honorable council of the star chamber, by bill of complaint or information, and justices of assize by inquisition or Cro. Car. 465. indictment, shall have authority by virtue of this act to hear and

offences aforesaid.

The forfeiture of a

unlawful contract.

3 Mod. 84.

determine the said offences; upon every which indictment and inquisitions, such process shall be awarded and lie, as upon an indictment of trespass at the common law.

VI. And further be it enacted by the authority aforesaid, that if woman con- any woman child or maiden, being above the age of twelve years, senting to an and under the age of sixteen years, do at any time consent or agree to such person that so shall make any contract of matrimony, contrary to the form and effect of this statute, that then the next of the kin of the same woman child or maid, to whom the inheritance should descend, return or come, after the decease of the same woman child and maid, shall from the time of such assent and agreement have, hold and enjoy all such lands, tenements and hereditaments, as the same woman child and maiden had in possession, reversion or remainder, at the time of such consent and agreement, during the life of such person that shall so contract matrimony: and after the decease of such person so contracting matrimony, that then the said lands, tenements and hereditaments, shall descend, revert, remain, and come to such person or persons as they should have done in case this act had never been had nor made, other than to him only that so shall contract matrimony.

Orders for orphans.

VII. Provided always, and be it enacted, that this act, nor any thing therein contained, shall extend to take away or diminish any liberty, custom or authority, touching or concerning any orphan or orphans, which now be or hereafter shall be within the city of London, or any other city, borough or town, where orphans are commonly used to be provided for, either by grant or by custom, but that the lord mayor of the said city of London, and the aldermen of the same for the time being, and all and every other head officer or officers of any other city, borough or town, where such orphans be provided for, shall and may have and take like rule, order, keeping See 39 Eliz. and charge of such orphan and orphans and of all their lands, tenements, goods and chattels, as heretofore they or any of them lawfully

c. 9,by which clergy is

had or used, or lawfully might have had and used, if this act had not taken away from princibeen made. pal offenders

1 ELIZABETH, CAP. 1.—An act to restore to the crown the ancient jurisdiction over the estate ecclesiastical and spiritual, and abolishing all foreign powers repugnant to the same.-See Title-" APPEALS TO THE SEE OF ROME," vol. i. p. 144.

18 ELIZABETH, CAP. 3.-Justices of peace shall order the punishment of the mother and reputed father of a bastard, &c.—See Title"BASTARDY," vol. i. p. 239.

2 JAMES 1, CAP. 11.—An act to restrain all persons from marriage until their former wives and former husbands be dead.-See Title"BIGAMY," vol. i. p. 278.

7 JAMES 1, CAP. 4, SEC. 7.-An act for the due execution of divers laws and statutes heretofore made against rogues, vagabonds and sturdy beggars, and other lewd and idle persons.-See Title-" BASTARDY," vol. i. p. 239.

3 CHARLES 1, Cap. 4, Sec. 15.—An act for continuance and repeal of divers statutes.—See Title-"BASTARDY," vol. i. p. 240.

12 CHARLES 2, CAP. 33.-An act for confirmation of marriages. -Whereas by virtue or colour of certain ordinances, or certain pre- Marriages tended acts, or ordinances, divers marriages since the beginning of solemnized, during the the late troubles have been had and solemnized in some other man- rebellion, ner than hath been formerly used and accustomed: now for the preventing and avoiding of all doubts and questions touching the same, it is enacted by the king's most excellent majesty, with the advice and assent of the lords and commons in parliament assembled,

ordinance,

and by the authority of the same, that all marriages had or solem- beforejustice nized in any of his majesty's dominions, since the first day of May, of peace, in the year of our Lord one thousand six hundred forty and two, before any justice of peace, or reputed justice of peace of England or Wales, or other his majesty's dominions, and by such justice or reputed justice, so pronounced or declared; and all marriages within or accordany of his majesty's dominions, since the same first day of May, in ing to the the year of our Lord, one thousand six hundred forty two, had or solemnized according to the direction or true intent of any act or ordinance, or reputed act or ordinance of one or both houses of parliament, or of any convention sitting at Westminster, under the name, style or title of a parliament, or assuming that name, style or title; shall be, and shall be adjudged, esteemed and taken to be, and shall be as to have been of the same, and no other force and effect, as if such good, as if marriages had been had and solemnized according to the rites and according to ceremonies established, or used in the church or kingdom of England; the church; any law, custom or usage to the contrary thereof notwithstanding.

solemnized

the rites of

sues concern

be tried by

II. And be it further enacted, that where in any suit commenced, and the isor to be commenced in any of the courts of the common law, any ing bastardy, issue hath been joined, and not already tried or determined, or shall therein, shall be joined upon the point of bastardy, or unlawfulness of marriage, twelve men. for or concerning the marriages had and solemnized, as aforesaid, the same issues shall be tried by jury of twelve men, according to the course of trial of other issues triable by jury at the common law, and not otherwise; any law, statute or usage to the contrary thereof in anywise notwithstanding.