Marriage Act, 1542

MARRIAGE ACT 1542

CHAPTER VI.

An Act for Marriages.(a) Rot. Parl. cap. 7.

32 H. 8. 38. Eng.

2 & 3 E. 6. 23. Eng.

The Pope's usurped power, making that unlawful which by God's word is lawful, not utterly extinct.

Two evils provided for.

Divorces on pretence of former contract.

Dispensation of prohibitions invented by the court of Rome.

Marriages between persons not prohibited by God's law to marry, and solemnised in face of the church, and consuminated shall be good, notwithstanding precontract not consummated; and notwithstanding any dispensation, &c.

No reservation or prohibition (God's law excepted) shall impeach any marriage without the levitical degrees. 28 H. 8. 2.

No process, plea or allegation in any spiritual court to be admitted contrary to this act.

WHEREAS heretofore the usurped power of the bishoppe of Rome hath alwayes entangled and troubled the mere jurisdiction and regal power of this land of Ireland, and also inquieted much the subjects of the same by his usurped power in them: as by making that unlawful, which by God's word is lawfull, both in marriages and other things, as hereafter shall appeare at more length: till now of late in our soveraigne Lord's time, which is otherwise by learning taught, then his predecessours in times past of long time hath beene, and hath so continued the same, whereof yet some sparkles bee left, which hereafter might kindle a great fire, and so remayning, his power not to seeme utterly extinct: therefore it is thought most convenient to the King's highnesse, and to his lords spirituall and temporall, with the commons of this land assembled in this present Parliament, That two things specially for this time be with diligence provided for, whereby many inconveniences hath ensued, and many moe evils mought ensue and follow: as where heretofore diverse and many persons after long continuance together in matrimonie, without any allegation of eyther of the parties, or anie other at their marriage, why the same matrimonie should not bee good, just, and lawfull, and after the same matrimonie solemnized and consummate by carnall copulation, and also sometimes fruite of children ensued of the same marriage, have neverthelesse by an unjust law of the bishop of Rome, which is, that upon pretence of a former contract made and not consummate by carnall knowledge, for proofe whereof two witnesses by that law were onely required, beene divorsed and separated contrarie to God's law; and so the true matrimonie both solempnised in the face of the church, and consummate with bodily knowledge, and confirmed also with the fruit of children had betwixt them, cleerely frustrate and dissolved: further also, by reason of other prohibitions then God's law admitteth, for their lucre by that court invented, the dispensation whereof they alwayes reserved to themselfe, as in kindred or affinitie betwixt cosen germanes, and so to fourth and fourth degree, carnall knowledge of any of the same kinne or affinity, before in such outward degrees, which all were lawfull, and be not prohibited by God's law, and all because they would get money by it and keepe a reputation to their usurped jurisdiction, whereby not onely much discord [be] betwixt lawfull married persons hath (contrary to God's ordinance) arisen, much debate and suit at the law, with the wrongfull vexation and great dammage of the innocent partie hath beene procured, and many just marriages in doubt and danger of undoing, and also many times undone, and lawfull heyres disenherited, whereof they had never else, but for his vaine glorious usurpation, beene moved any such question sithence freedome was in them was given us by God's law, which ought to be most sure and certaine: but that notwithstanding, marriages have beene brought into such an uncertaintie thereby, that no marriage could be so sure knitte and bounden, but it should lye in eyther of the parties powers and arbitre, casting away the feare of God, by meanes and compasse to prove a precontract, a kindred and allyance, or carnall knowledge, to defeat the same: and so under the pretence of these allegations afore rehearsed to live all the dayes of their life in detestable adulterie, to the utter destruction of their owne soules, and the provocation of the terrible wrath of God upon the places where such abominations were used and suffered: be it therefore enacted by the King our soveraigne lord, and the lords spirituall and temporall, and the commons in this present Parliament assembled, and by authoritie of the same, That from the first day of July last past, in the year of our Lord God 1540, all and every such marriage as within this Church of Ireland hath or shall be so contracted betwixt lawfull persons, as by this act we declare all persons to be lawfull, that be not prohibited by God's law to marry, such marriages being contracted and solempnized in the face of the church, and consummate with bodily knowledge, or fruit of children, or child, being had therein betwixt the parties so married, shall be by authoritie of this present Parliament aforesaid deemed, judged, and taken to be lawfull, good, just, and indissoluble, notwithstanding any precontract or precontracts of matrimonie, not consummate with bodily knowledge, which eyther of the persons so married, or both, shall have made with any other person or persons before the time of contracting that marriage, which is solempnized or consummate, or whereof such fruit is ensued or may ensue as afore. And notwithstanding any dispensation, prescription, law, or other thing graunted 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 shee be, shall after the first day of the moneth of July aforesaid be admitted in any of the spiritual courts within this the King's land of Ireland, or any other his Grace's lands and dominions, to any proces, plees or allegations contrary to this foresaid act.

[(a) This act is repealed [in general terms] 3 & 4 Ph. & M. c. 8. (Ir.) Revived 2 Eliz. c. 1. Ir. as to so much only as concerns degrees of consanguinity.]