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WHEREAS the laws now in being to prevent popish priests from celebrating marriages between protestant and protestant, or between protestant and papist, have hitherto been found ineffectual: for remedy whereof 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 every marriage, that shall be celebrated after the first day of May, which shall be in the year of our Lord God one thousand seven hundred and forty six, between a papist and any person who hath been, or hath prosessed him or herself to be, a protestant at any time within twelve months before such celebration of marriage, or between two protestants, if celebrated by a popish priest, shall be and is hereby declared absolutely null and void to all intents and purposes without any process, judgment, or sentence of law whatfoever.
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Recital of 6 Anne 16. sec. 7.
Evasion thereof by difficulty of proving marriage or desilement.
Taking away maids or women by force with intent to marry or desile, aiders and procurers, principals and accessaries before, felony without benefit of clergy or the statute.
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II. And whereas by an act made in the sixth year of the reign of her late Majesty Queen Anne, intituled, An act for the more effectual preventing the taking away and marrying children against the wills of their parents or guardians, it is amongst other things enacted, “That if any maid or woman be taken or carried away by force against her consent, and after be married or desiled by such person or persons, who carried her away, or by any other person by his or their assent or procurement, whether such marriage or desilement be with or without the consent of such maid or woman, so carried away by force, and against her will as aforesaid; every such person so marrying or desiling such maid or woman, and the aiders and procurers of such forcible taking away such maid or woman, and all, as well principals as accessaries before such fact committed, should loose the benefit of clergy, and should be deemed and adjudged to be felons, and should suffer pains of death without benefit of clergy:” and whereas the good intent of the said law is in a great measure frustated, and offenders emboldened to act in open violation thereof, by reason of the difficulty of proving a marriage or desilement: be it further enacted by the authority aforesaid, That if any maid or woman be taken or carried away by force against her consent with an intent to marry or desile such maid or woman contrary to the true intent and meaning of the said in part recited act, every such person so taking or carrying away by force, and against the consent of such maid or woman, any maid or woman, with an intent to marry or desile her, and the aiders and procurers of such forcible taking and carrying away such maid or woman and all, as well principals as accessaries before such fact committed, shall be deemed and adjudged to be felons, and shall suffer pains of death without benefit of clergy or of the statute; any former law to the contrary thereof notwithstanding.
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Recital of a clause 9 G. 2. 11. sec. 8.
burthen some,
repeal thereof
This and said act shall be read once a year in churches and chappels by the minister after morning prayers, and at sessions.
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III. And whereas by an act, intituled, An act for the more effectual preventing clandestine marriages, made in the ninth year of his present Majesty’s reign; it is enacted, “That the said act shall be publickly read four times in the year in all parish-churches, and all publick chappels, and other places of publick worship, by the parson, vicar, or curate of the respective parishes or chappels immediately after morning-prayers: (that is to say) upon the Sunday next after the fifth of May in the year of our Lord one thousand seven hundred and thirty six, upon the Sunday next after the fifth day of August, upon the Sunday next after the fifth day of November, and upon the Sunday next after the fifth day of February next ensuing, and upon the same days in every following year, on pain of five pounds for every such omission or neglect; the said penalty to go to such person as shall first sue for the same by bill, plaint, or information, or by civil bill;” which clause hath been found burthensome: be it enacted by the authority aforesaid, That the said clause in the said act of the ninth of his present Majesty be and is hereby repealed; and that the said act, and this present act, shall be read once in every year from the first day of May, which shall be in the year one thousand seven hundred and forty six, in all parish-churches, and all publick chappels, and other places of publick worship, by the parson, vicar, or curate, of the respective parishes or chappels immediately after morning-prayers, and in open court at every general quarter-sessions of the peace in this kingdom.
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