Page:Ruffhead - The Statutes at Large - vol 2.djvu/336

298 C 38 — 40. Anno tricefimo fecundo Henrici Vill. A. D. 154.0. cap. xxxvin. For Marriages to ftand notwithftanding Pre-contracts. what Marriages ' ^TY 7HEREAS heretofore the ufurped Power of the Bifhop of Rome hath always intangledand troubled are lawful, and i yy the meer Jurifdiilion and regal Power of this Realm of England, and alfo unquieted much the Sub- -'inftTsi ' jeils of the fame, by his ufurped Power in them, as by making that unlawful which by God's Word is ij " ' lawful, both in Marriages and other Things, as hereafter mail appear more at length, and till now of ' late in our Sovereign Lord's Time, which is otherwife by Learning taught than his PredecefTors in Times ' paft of long Time have been, hath fo continued the fame, whereof yet fome Sparks be left, which here- ' after might kindle a greater Fire, and fo remaining, his Power not to feem utterly extinit : The Enormity ' II. Therefore it is thought moft convenient to the King's Highnefs, his Lords Spiritual and Temporal, ■of avoiding Mar- e with the Commons of this Realm, allembled in this prefent Parliament, That two Things fpecially for riages by Pre- ' this Time be with Diligence provided for, whereby many Inconveniencies have enfued, and many mo ^V^v 262 ' ehe mought enfue and follow; (2) as where heretofore divers and many Perfons after long Continuance ' together in Matrimony, without any Allegation of either of the Parties, or any other at their Marriage, ' why the fame Matrimony mould not be good, juft and lawful, and after the fame Matrimony folemnized ' and confummate by carnal Knowledge, and alfo fometime Fruit of Children enfued of the fame Mar*- ' riage, have neverthelefs, by an unjuft Law of the Bifhop of Rome, which is, That upon Pretence of a ' former Contrail made, and not confummate by carnal Copulation (for Proof whereof two WitnefTes by ' that Lav/ were only required) been divorced and feparate, contrary to God's Law, and fo the true Mar ' trimony, both folemnized in the Face of the Church, and confummate with bodily Knowledge, and con-r The income- « firmed alfo with the Fruit of Children had between them, clearly frullrate and dilTolved : (3) Further niencies of Dif- i zKo, by reafon of other Prohibitions than God's Law admitteth, for their Lucre by that Court invented, penfations t» <. t j le Djfp en fations whereof they always referved to themfelves, as in Kindred or Affinity between Coufin- ' Germanes, and fo to fourth and fourth Degree, carnal Knowledge of any of the fame K' n , or Affinity ' before in fuch outward Degrees, which elfe were lawful, and be not prohibited by God's Laxv, (4) and ' all becaufe they would get Money by it, and keep a Reputation to their ufurped Jurifdiilion, whereby not ' only much Difcord between lawful married Perfons hath (contrary to God's Ordinance) arifen, much ' Debate and Suit at the Law, with wrongful Vexation, and great Damage of the innocent Party hath ' been procured, and many juft Marriages brought in doubt and Danger of undoing, and alfo many Times -' undone, and lawful Heirs difherited, whereof there had never elfe, but for his vain glorious Ufurpation, ' been moved any fuch Queftion, fince Freedom in them was given us by God's Law, which ought to be ' moft fure and certain; (5) but that notwithftanding, Marriages have been brought into fuch an Incer- ' tainty thereby, that no Marriage could be fo furely knit and bounden, but it fhould lie in either of the ' Parties Power and Arbiter, cafting away the Fear of God, by Means and CompaiTes to prove a Pre-con- ' tract, a Kindred and Alliance, or a carnal Knowledge, to defeat the fame, and fo under the Pretence of ' thefe Allegations afore rehearfed, to live all the Days of their Lives in deteftable Adultery, to the utter Cn. El. 22S. ' Deftruilion of their own Souls, and the Provocation of the terrible Wrath of God upon the Places where Co. Lit. 235. a. <■ fuch Abominations were ufed and fuffered :' (6) Be it therefore enacted by the King our Sovereign Lord, All Perfons be the L on j s Spiritual and Temporal, and the Commons, in this prefent Parliament affembled, and by Autho- •'aa U M°rri"p"e xit Y °* irie f ame > That from the firft Day of the Month of July next coming, in the Year of our Lord God that be not"pro- ' 54°5 a 'l an d every fuch Marriages as within this Church of England fhall be contracted between lawful hibited by God's Perfons (as by this Ail we declare all Perfons to be lawful, that be not prohibited by God's Law to marry) 5-aw. (7) fuch Marriages being contract and folemnized in the Face of the Church, and confummate with bodily Io6- Knowledge, or Fruit of Children or Child being had therein between the Parties fo married, {hall be by- Authority of this prefent Parliament aforefaid deemed, judged and taken to be lawful, good, juft and in- That Marriage difibluble, notwithstanding any Pre- contrail: or Pre-contrails of Matrimony not confummate with bodily Knowledge, which either of the Parties fo married or both fhall have made with any other Perfon or Per- which is con- tracted and fo- lemniied in the f ons before the Time of contracting that Marriage which is folemnized and confummate, or whereof fuch Ch^h'^nd Fruit is enfued, or may enfue, as afore, and notwithftanding any Difpenfation, Prescription, Law, or other confummate Thing granted or confirmed by Ail, or otherwife; (8) and that no Refervation or Prohibition, God's Law with bodily except, fhall trouble or impeach any Marriage without the Levitical Degrees; (o) and that no Perfon, of Repealed by z & 3 Ed. 6. c. 23. §. 2. and 1 & 2 Ph. & M. c. S. §. 20. and in Part revived by 1 El. c. 1. §. 12. as to fo much as is not repealed by 2 & 3 IiJ.6. C.23. See farther 1 Jac. 1. c. 11. 12 Car. 2. c, 33. 13 Car. z. c. it. 6 fif 7 IK 3. c. 6. 7 ta 8 W ■$. c. 35. 10 Ann. c. 19. and 26 Geo. 2. c. 33. CAP. XXXIX. The Great Mafter of the King's Houfe fhall have all Authority that the Lord Steward had. Rep. i Mar. ftat. 3. c. 4. CAP. XL. For Phyficians and their Privilege. 4lnft. 251. ' TN moft humble wife fheweth unto your Majefty, your true and faithful Subjeils and liege Men, the Cro. Jac. i2i, ' J[ Prefident of the Corporation of the Commonalty and Fellowfhip of the Science and Faculty of Phy- c 9 'c " 6 ' k ' n y&ur City of London, and the Commons and the Fellows of the fame, that whereas divers of them 10 ' "' " 5 ' 4 many