Continuance of act.

marriage shall be of the people called Quakers or persons professing the jewish religion respectively.

X. And be it further enacted, that this act shall continue and be in force for five years from the passing thereof, and no longer.

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TO ACTS OF PARLIAMENT PASSED SUBSEQUENT TO A. D. 1844.

MARRIAGES AT ST. PETERSBURGH.

4 GEORGE 4, CAP. 67.-An act to declare valid certain marriages that have been solemnized at St. Petersburgh since the abolition of the British factory there.-Whereas the British factory of St. Petersburgh was, by the manifesto of the emperor of Russia, declared to be abolished from and after the twentieth day of June in the year one thousand eight hundred and seven: and whereas divers marriages of subjects of this realm resident at St. Petersburgh have, since the said twentieth day of June one thousand eight hundred and seven been solemnized there by the chaplain of the Russia company in the chapel of the said company, and in private houses, before witnesses, according to the religious ceremonies of the church of England: and whereas it is expedient to declare the validity of such marriages, in order that no doubts or disquietude may hereafter arise thereupon: may it therefore please your majesty that it may be declared and enacted; and be it declared and 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 all marriages (both or one of Marriages of the parties thereto being subjects or a subject of this realm) that have, since the said twentieth day of June one thousand eight hun- nized at St. dred and seven, been solemnized, or that shall hereafter be solem- declared nized at St. Petersburgh by the chaplain to the said Russia company, valid. or by a minister of the church of England officiating instead of such chaplain, in the chapel of the said Russia company, or in any other place, before witnesses, shall be as good and valid in law, and so deemed in the united kingdom of Great Britain and Ireland, and in the dominions thereunto belonging, as if the same had been solemnized before the abolition of the said factory.

British subjects solem

Petersburgh

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TO ACTS OF PARLIAMENT PASSED SUBSEQUENT TO A. D. 1844.

Recital of

that it shall

be felony, for a priest to

have a wife,

MARRIAGE OF PRIESTS.

1 Henry 7, Cap. 4.-An act to punish priests, for incontinency, by their ordinaries.-See Title-"CHURCH DISCIPLINE," vol. ii. p. 229.

31 HENRY 8, CAP. 14.-An act for abolishing of diversity of opinions in certain articles concerning christian religion.-See Title"ARTICLES OF RELIGION," vol. i. p. 161.

32 HENRY 8, CAP. 10.-An act for the moderation of the punishment of incontinency of priests, and women offending with them.— Where in the first session of this present parliament, begun and stat. 31 H. 8. holden at Westminster the eighteenth day of April in the one and thirtieth year of the king's most noble reign, and there continued unto the eight and twentieth day of June then next following, in certain ordinances there made for abolishing of diversity of opinions in divers articles concerning christian religion, amongst other things it was and is enacted, that if any man, which then was or had been a priest at any time from or after the twelfth day of July then next ensuing, did carnally keep or use any woman, to whom he then was or had been married, or with whom he had contracted matrimony, or openly be conversant, keep company and familiarity with any such woman, to the evil example of other persons; every such carnal use, copulation, open conversation, keeping of company and familiarity, be and should be deemed and adjudged felony, as well against the man as the woman, and that every such person so offending, should be inquired of, tried, punished, suffer, lose and forfeit all and every thing and things, as other felons made and declared by the said act, and as in case of felony. And where in the said act it is also further enacted by the authority aforesaid, that if any man which then was or had been priest, or after that should he shall for- be, at any time after the said twelfth day of July, did carnally use or accustom any woman, or keep her as his concubine, as by paying for her board, maintaining her with money, array, or any other gifts or means, to the evil example of other persons, that then every such offender being thereof duly convict or attainted by the laws mentioned in the said act, should forfeit and lose all his goods and chattels, benefices, and prebends, and other spiritual promotions and dignities, and also should have and suffer imprisonment of his body at the king's will and pleasure. And that every of the said benefices, prebends, and other spiritual promotions and dignities should be to all intents and purposes utterly void, as if the said offender had and for the resigned and permuted. And if any such offender or offenders at any time after the said conviction or attainder, eftsoons did commit, do, or perpetrate the said offences, or any of them next before rehearsed, and be thereof duly convicted or attainted by the laws mentioned in the said act, that then all and every such offence and offences shall be deemed and adjudged felony, and the offender or offenders therein should suffer pains of death, and lose and forfeit all

and that, keeping a concubine,

feit goods

and promotions,

second of

fence be a

felon,

men to be

and severity

henceforth

his and their goods, lands, and tenements, as in cases of felony, without having any benefit of clergy or sanctuary: and that those and the wowomen, with whom all and singular the foresaid priest should in any punished, as of the foresaid ways have to do with or carnally know, as is afore- the priests. said, should have like punishment as the priests, as by the said act amongst other things it manifestly appeareth. Our said sovereign The rigour lord the king graciously considering that albeit that the incontinent of that law; living of priests, from whom all good example of virtue and good living most specially should proceed, to the good instruction and edifying of other christian people, is highly to the displeasure of Almighty God, and great occasion of increase of like sinful living to all other the king's subjects, yet the said punishment therefore provided by pains of death is very sore and too much extreme: wherefore the king's majesty is contented and pleased, that with the which from assent of the lords spiritual and temporal, and of the commons in shall be void; this present parliament assembled, it be ordained and enacted by authority of the same, that the said clause and clauses above written in the act before rehearsed, contained, concerning felony and pains of death, and other penalties and forfeitures, for and upon the first and second conviction or attainder of any priest or woman for any of the said offences in the same clauses of the said act mentioned, shall be from henceforth void and of none effect. And also that it be ordained and enacted by authority of this present parliament, that if any such offender as is above written, hereafter shall happen to be duly convicted or attainted by the laws mentioned in the foresaid act, forfeit goods of or upon any of the crimes and offences as afore written, that then and chattels, every such offender so being convicted or attainted, shall from henceforth upon his first conviction or attainder, only forfeit and lose to our said sovereign lord the king, all his goods, chattels and debts. And if the same offender at the time of that his first convic- and the re

and any person offending the premises, shall

in

venue of one

above, for the

of lands and

tion, or attainder, have any more benefices or ecclesiastical dignities promotion if or promotions than one: then the same offender so convicted or he have two; attainted, shall forfeit and lose for term of his life, all issues, revenues and profits of his said benefices or other ecclesiastical dignities or promotions (except one of the same benefices or other ecclesiastical dignities or promotions.) And if it shall fortune any such over and offender or offenders at any time after the said first conviction or second ofattainder, to commit, do, or perpetrate any of the said offences before fence, issues rehearsed, and be thereof eftsoons duly convicted or attainted by the promotions; laws aforesaid, that then every such offender shall only lose and forfeit to our said sovereign lord the king all his goods, chattels and debts, and also during his life, all the issues and profits of his lands, ecclesiastical dignities, benefices, offices, and promotions, to be had, levied, perceived and taken to the king's use. And if it shall over and fortune any such offender or offenders, at any time after the second third offence conviction or attainder, to commit, do, or perpetrate any of the perpetual offences before written, and be also thereof duly convicted or at- ment. tainted by the laws aforesaid, that then every such offender shall only forfeit and lose to our said sovereign lord the king, all his goods, chattels and debts, and also during his life all the issues and profits of all his lands and tenements, and of all his ecclesiastical dignities, benefices, offices and promotions, to be had, levied,

above, for the

imprison

perceived and taken to the king's use, and also shall further have Woman un- and suffer continual imprisonment of his body during his life. And

married, if

she offend, shall lose

goods and chattels,

over and

half of issues

of land, over and

above, for the

third, all issues, and perpetual imprison

every woman being sole and unmarried, with whom any priest shall so offend in any of the offences above written, shall forfeit for her first conviction or attainder, of or upon any of the crimes or offences aforesaid, all her goods, chattels and debts. And for her second above, for the conviction or attainder, of or upon any of the crimes or offences aforesaid, all her goods, chattels and debts, and also the one half of all the issues, revenues, and profits of all her lands, tenements, and second, one hereditaments, by all the term of her life. And for her third conviction or attainder, of or upon any of the crimes or offences aforesaid, she shall forfeit all her goods, chattels and debts, and also during her life, all the issues and profits of all her lands and tenements, and also shall further suffer imprisonment of her body by all the term of her life. And if the woman with whom any priest shall so offend in any of the offences abovesaid be married, that then for shall suffer every her conviction or attainder of or upon any of the crimes or offences aforesaid, she shall have and suffer imprisonment of her body by all the term of her life, at the king's will and pleasure: any thing contained in this said former act to the contrary of the said penalties in this act mentioned in anywise notwithstanding.

ment.

Woman unmarried, if she offend,

imprisonment during life.

Saving of the right of others.

ritual per

who by God's law may

be void.

ensue if

II. Saving to all and singular person and persons, bodies politic and corporate, their heirs, successors and assigns, and to the heirs, successors and assigns of every of them (other than such person and persons that shall hereafter fortune to offend, contrary to the tenor of this act), all such right, title, interest, possession, entry, action, condition, rents, remainders, reversions, annuities, fees, commons, leases, liberties, and commodities, which they or any of them, have, shall, or ought to have, at the time of any such offences committed or done by any of the said offenders, contrary to the tenor of this act, in as ample and large manner and form, to all intents, constructions and purposes, as if this act had never been had nor made, any thing in this act contained to the contrary notwithstanding.

1 EDWARD 6, CAP. 12, SEC. 3.-An act for the repeal of certain statutes concerning treasons and felonies.-See Title-" ARTICLES OF RELIGION," vol. i. p. 179.

2 & 3 EDWARD 6, CAP. 21.-An act to take away all positive laws All laws pro- made against marriage of priests.-Although it were not only better hibiting spi- for the estimation of priests, and other ministers in the church of sons to marry God, to live chaste, sole and separate from the company of women, and the bond of marriage, but also thereby they might the better marry, shall intend to the administration of the gospel, and be less intricated and The benefits troubled with the charge of household, being free and unburdened which would from the care and cost of finding wife and children, and that it were most to be wished, that they would willingly and of their selves live chaste, endeavour themselves to a perpetual chastity and abstinence from sole and un- the use of women: yet forasmuch as the contrary hath rather been seen, and such uncleanness of living, and other great inconveniences, not meet to be rehearsed, have followed of compelled chastity, and of such laws as have prohibited those (such persons) the godly use of marriage it were better and rather to be suffered in the commonwealth, that those which could not contain, should after the counsel

priests and ministers did

married.