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No. 8.

Parish in which such Chapel shall be situated; and in case such Chapel shall be situated in an Extra-parochial Place, to be kept with 48 G. III. c. 127. the Marriage Registers of such Parish, and in like Manner as Parish Registers are directed to be kept by the said recited Act, made in the Twenty-sixth Year of the Reign of his said late Majesty King GEORGE the Second, and within Twelve Months after the Removal of such Registers to such Parish Churches respectively, Two Copies thereof respectively shall be transmitted by the respective Churchwardens of such Parishes to the Bishop of the Diocese, or his Chancellor, subscribed by the Hands of the Minister and Churchwardens of such Parishes respectively, to the End that the same may be faithfully preserved in the Registry of the said Bishop.

No. 9.

5 Geo. III. c. 37.-An Act further to prevent the Mar riage of Lunatics.

[31st May, 1811.]

HEREAS an Act was made in the Parliament of Great Britain, 51 G. III c. 57.

Persons found

before declared

WHEREAS an was the Reign of his late Majesty King GEORGE the Second, to prevent the Marriage of Lunatics: And whereas it is expedient that the Provisions of the said Act should be extended to Ireland; be it therefore 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, from and after the Expiration of Ten Days after the passing of this Act, in case any Lunatic marrying Person who has been, or at any Time hereafter shall be found a sane, Marriage to Lunatic by any Inquisition taken or to be taken by virtue of a Com-boid. mission under the Great Seal of Great Britain, or the Great Seal of Ireland respectively, or any Lunatic or Person under a Phrenzy, whose Person and Estate by virtue of any Act of Parliament now or hereafter shall be committed to the Care and Custody of particular Trustees, shall marry before he or she shall be declared of sane Mind by the Lord High Chancellor of Great Britain or Ireland, or the Lord Keeper of Lords Commissioners of the Great Seal of Great Britain or Ireland for the Time being, or such Trustees as aforesaid, or the major Part of them respectively, as the Nature of the Case shall require, every such Marriage shall be and is hereby declared to be null and void to Intents and Purposes whatsoever.

PART I. CLASS IV.

PARENT & CHILD,

No. 1.

Statute of Merton, 20 Henry III. c. 9.-He is a Bastard who is born before the Marriage of his Parents.

O Bas

Statute of Merton. < 20 H. III. c. 9.

Fitz. Bastardy, 21, 83.1 H. 6, 3. 11 H.4.84. 39 Ed

22, 25, 27, 28, 30,

3, 14. 44 Ed. 3, 12. 15 Co. 7%.

2 Just. 96.

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D breve [domini] R. de Bas

To the King's Writ of Bag A tardia, utrum aliquis natus

born before Matrimony may inherit in like Manner as he that is born after Matrimony, all the Bishops answered, That they 'would not, nor could not, an'swer to it; because it was directly against the common Order of the Church. And all the Bishops instanted the Lords, that they would consent, that all such as were born afore Matrimony should be legitimate, as well as they that be born after Matrimony, as to the Succession of Inheritance, forasmuch as the Church accepteth such for legitimate. And all the Earls and Barons with one voice answered, That they would not change the Laws of the Realm, which hitherto have been used and ' approved.'

anté matrimonium habere poterit hereditatem, sicut ille qui natus est post, Responderunt omnes Episcopi, quod nolunt, nec possunt, ad istud respondere; quia hoc esset contra communem formam ecclesie. Ac rogaverunt omnes Episcopi Magnates, ut consentirent, quod nati ante matrimonium essent legitimi, sicut illi qui nati sunt post matrimonium, quantum ad successionem hereditariam, quia ecclesia tales habet pro legitimis. Et omnes Comites & Barones una voce responderunt, quod nolunt leges. Anglie mutare, que usitate sunt, & approbate. (1)

BASTARDS.

(1) While we applaud, with the most perfect Sincerity, the manly Independence of our Ancestors, who, in the true Spirit of Wisdom, pronounced this memorable Answer, we cannot but regret, that many of their Posterity have drawn Inferences from it, which the Premises were by no Means competent to support-and from the mere Refusal to adopt a particular Maxim of foreign Law, in Deference and Submission to the then Established Church; the general Law, of which this Maxim constituted a Part, was considered of so dangerous and obnoxious a Character, that the mere Knowledge of it was almost considered as dangerous and infectious and that it was impossible to resort to its Assistance for Hints of Practicable Improvement, with due Regard to Adaptation and a discriminating Judgment, without necessarily inducing an implicit Submission to its Authority, in Matters prejudicial and inapplicable. I do not conceive that the Prejudice still subsists, in the same Form and Shape-but it certainly does in another, which is that to stick to Comyns' Digest, Tidd's Practice, and the Index to the Term Reports, as a much more commodious Method of cultivating legal Science, than that of taking a more

excursive Range for the Purpose of cultivating the general Principles of judicial Reasoning.

Upon the immediate Subject of the particular Law before us, I apprehend that almost every unprejudiced Mind will concur in the Opinion of its Wisdom and good Sense, in disapproving the Principle of permitting the Character of Family Relations to depend upon Retrospect and Fiction; and in regarding the open Celebration of Marriage as a Pledge between the Individuals and Society, with Respect to the Character of the future Offspring.

Evident, however, as this Opinion appears to be, the Generality with which the opposite Doctrine has been adopted, in the different States of Europe, is very remarkable. It being not only admitted in the ancient Systems, which may be supposed to have been influenced by that Deference which our Ancestors withstood, but retained in the reformed Establishment of Scotland, and in the modern Codes of Prussia and France, the latter of which, in Matters where no Motives of political Influence could intervene, presents a System which the warmest Opponents of the Government by which it was established, may contemplate with Approbation.

A recent Instance occurred of a very striking Application by the House of Lords to the Doctrine of Legitimation, by subsequent Marriage according to the Law of Scotland, in a Case of M'Adam v. Walker, 1 Dow. 148, in which it appeared, that a Party calling his Domestics together, presented to them a Woman with whom he cohabited as a Mistress, and his Children by her, as being his Wife and legitimate Children, and afterwards, on the same Day, shot himself.

There is another Subject partly connected with the Law before us, of no inconsiderable Importance; the repudiating the Filiation of Children born in Marriage, in Consequence of the Absence of the Husband from the Wife.-The Cases upon this Subject will be particularly adverted to in a Note on the Title, Bastards, in the Division of this Collection which relates to the Office of Justices of Peace.

No. 1.

20 H. VIII. c. 9.

No. 2.

1 Anne, c. 30.-An Act to oblige the Jews to maintain and provide for their Protestant Children.

T

O the End that sufficient Maintenance be provided and allowed 1 Anne, c. 30. for the Children of Jewish Parents, who shall turn Protestants; be it enacted by the Queen'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 from and after the twenty-fourth Day of June One Thousand Seven Hundred and Two, if any Jewish Parent, in order to the compelling of his or her Protestant Child to change his or her Religion, shall refuse to allow such Child a fitting Maintenance, suitable to the Degree and Ability of such Parent, and to the Age and Education of such Child, then (upon Complaint thereof made to the Lord High Chancellor of England, or Lord Keeper of the Great Seal, or Commissioners for the Great Seal for the Time being) it shall and may be lawful for the said Lord Chancellor, Lord Keeper, or Commissioners, to make such Order therein, for the Maintenance of such Protestant Child, as he or they shall think fit. (1)

(1) In Vincent v. Famandez, 1 P. Wms. 524, a strong Opinion_was expressed that this Act may be applied to a Case where the Child is Forty Years of Age, and the Father Dead, but no Decision was made.

PART I. CLASS V.

19 Hen. VII. c. 7.

Hob. 210.
15 II. 6 c. 6

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CORPORATIONS.

(Including Statutes relating to the Universities and to Proceedings by Mandumus and Quo. Warrants.)

No. 1.

19 Henry VII. c. 7.-For making of Statutes by Bodies incorporate.

RAYEN the Commons in this present Parliament assembled,

Year of the Reign of the blessed King HENRY the Sixth, for that, Masters, Wardens, and People of Guilds, Fraternities, and other Companies Corporate, dwelling in divers Parts of the Realm, oftentimes by Colour of Rule and Governance to them granted and 'confirmed by Charters and Letters Patents of divers Kings, made ' among themselves many unlawful and unreasonable Ordinances, as well in Prices of Wares as other Things, for their own singular Profit, and to the common Hurt and Damage of the People: It 'was enacted, That there should from henceforth no such Masters, • Wardens, nor Companies, make nor use no Ordinance in Disheritance or Diminution of the Prerogative of the King, nor of other, nor ' against the common Profit of the People, nor none other Ordinance of Charge make and use, but if it were first discussed and proved by ' good and reasonable Advice by the Justices of the Peace, or the chief Governors of Cities, and before them entered of Record, and that upon Pain to lose and forfeit the Force and the Effect of all the Articles in their said Letters Patents and Charters contained concerning the same, and over that to lose and pay Ten Pounds to the King for every Ordinance that any of them made or used to the conEnforced by 22 H. trary; and this Ordinance to endure at the King's Pleasure, as in the same Act it appeareth; which Act is now expired, and sith the expiring of the same, divers and many Ordinances have been made by many and divers private Bodies Corporate within Cities, Towns, and Boroughs, contrary to the King's Prerogative, his Laws, and the Common Weal of his Subjects: Be it therefore ordained, establish ed, and enacted by the King our Sovereign Lord, by the Advice of Fellowships shall the Lords Spiritual and Temporal, and the Commons, in this present make any new Or- Parliament assembled, and by Authority of the same, That no Masters, th-Consent of the Wardens, and Fellowships of Crafts or Mysteries, nor any of them, Chancellor, Trea nor any Rulers of Guilds or Fraternities, take upon them to make, surer, or Justices. any Acts or Ordinances, ne to execute any Acts or Ordinances by

8. c. 4.

ог

No Masters Wardens of

dinances without

28 H. 8. c. 5.

them heretofore made, in Disheritance or Diminution of the Prerogative of the King, nor of other, nor against the common Profit of the People, but that the same Acts or Ordinances be examined and approved by the Chancellor, Treasurer of England, or Chief Justices of either Benches, or Three of them, or before both the Justices of

No. 1.

made to restrain

Assize in their Circuit or Progress in that Shire where such Acts or Ordinances be made, upon Pain of Forfeiture of Ten Pounds for 19 Hen. VII. c. 7. every Time that they do contrary. And over that it is enacted, That none of the same Bodies Corporate take upon them to make any Acts No Order shall be or Ordinances to restrain any Person or Persons to sue to the King's Suits in the King's Highness, or to any of his Courts, for due Remedy to be had in their Court. Causes, ne put ne execute any Penalty or Punishment upon any of them for any such Suit to be made, upon Pain of Forfeiture of Ten Pounds for every Time that they do the contrary. And this Act to begin and take Effect at the Feast of Pentecost next coming, and from thenceforth. (1)

(1) If a By-law be lawful and reasonable, it will be good though it be not confirmed or allowed according to this Statute, 5 C. 63. 6. 1 Rol. 363. 1. 35. although it cannot be executed without incurring the Penalty of the Statute, vi. 11 Co. 5. 6. The Statute only extends to Guilds, Fraternities, &c. not to Cities or Boroughs, per. att. Quo. War. 44.

No. 2.

13 Eliz. c. 29.-An Act concerning the several Incorporations of the Universities of Oxford and Cambridge, and the Confirmation of the Charters, Liberties and Privileges granted to either of them.

OR the great Love and Favour that the Queen's most excellent 13 Eliz c. 29. Majesty beareth towards her Highness Universities of Oxford and Cambridge, and for the great Zeal and Care that the Lords and Commons of this present Parliament have for the Maintenance of good and godly Literature, and the virtuous Education of Youth within either of the said Universities, and to the Intent that the ancient Privileges, Liberties and Franchises of either of the said Universities heretofore granted, ratified and confirmed by the Queen's Highness, and her most noble Progenitors, may be had in greater Estimation, and be of greater Force and Strength, for the better Increase of Learning, and the further Suppressing of Vice: Be it therefore enacted by the Authority of this present Parliament, That the Right Honourable Robert Earl of Leicester, now Chancellor of the said University of Oxford, and his Successors for ever, and the Masters and Scholars of the same University of Oxford for the Time being, shall be incor porated and have a perpetual Succession in Fact, Deed and Name, by the Name of the Chancellor, Masters and Scholars of the University of Oxford; and that the same Chancellor, Masters and Scholars of the same University of Oxford, for the Time being, from henceforth, by the Name of Chancellor, Masters and Scholars of the University of Oxford, and by none other Name or Names, shall be called and named for evermore; and that they shall have a common Seal to serve for their necessary Causes touching and concerning the said Chancellor, Masters and Scholars of the said University of Oxford, and their Successors: And likewise that the Right Honourable Sir William Cecil, Knt. Baron of Burghley, now Chancellor of the said University of Cambridge, and his Successors for ever, and the Masters and Scholars of the same University of Cambridge for the Time being, shall be incorporated and have a perpetual Succession in Fact, Deed and Name, by the Name of the Chancellor, Masters and Scholars of the Universítv of Cambridge, and that the same Chancellor, Masters and Scholars

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