An ACT to Prevent Protestants Inter-Marrying with Papists.
CAAP. XXVIII.
WHEREAS many Protestant Maidens and Women, as well such as be Heirs Apparent to their Ancestors, as others, having left unto them by their Father, or other Ancestor or Friends, Manours, Lands, Tenements, and Hereditaments, or other great Substances in Goods or Chattels, Real or Personal, for their Advancement in Marriage; or having had considerable Estates for Life, by Dower or Iointure, or having had the Tuition or Guardianship of Protestant Children Intituled to such Estates, or Interests, as aforesaid, by Flattery and other Crafty Insinuations of Popish Persons, have beén Seduced and Prevailed upon, to Contract Matrimony with, and take to Husband, Papists or Popish Persons; which Marriages have not only Tended to the Ruine and Destruction of such Estates and Interests, and to the great Loss and Damage of many Protestants Persons, to whom the same might Descend or Come, but as well to the Currupting and Perverting such Protestants so Marrying, and the Protestant Persons in their Tuition and Guardianship, as aforesaid, that [Page 4] they forsake their Religion, and become Papists, to the great Dishonour of Almighty God, the great Prejudice of the Protestant Interest, and the heavy Sorrow and Displeasure of all their Protestant Friends. 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 the Commons in this present Parliament Assembled, and by the Authority of the same; That if any Protestant Maid, or Woman Vnmarryed being Heir Apparent to her Ancestor, or having a Sole or Ioynt Estate, or Interest in Feé-Simple, or in Feé-Tail, or being Seized in Feé-Simple, or in Coparcenary, or in Common, or being Seized of an Estate for Life or Lives, by way of Iointure, Dower, or otherwise; or being Possessed of, or Intituled unto any Beneficial Interest, or Term for Years, of, or in any Manours, Lands, Tenements, Rents and Hereditaments, in Possession, Revertion, or Remainder, or being Possessed of, or Intituled to any Personal Estate, either in Money, Stock, Plate, Iewels, or other Goods and Chattels in Law or Equity, to the Value of Five hundred Pounds Sterling, or more, shall at any time after the First Day of January next, Marry, or take to Husband any Person whatsoever, without having first obtained a Certificate in Writing under the Hand of the Minister of the Parish, Bishop of the Diocess, and some Iustice of the Peace Living near the Place, or any two of them, where such Person shall be Resident at the time of such Marriage, that he is a known Protestant; which Certificate shall also be Attested under the Hands of Two or more [Page 5] Credible Witnesses, and shall be Granted without Feé or Reward, that then and from the time of such Marriage, such Protestant person so Marrying, and the person she shall so Marry, shall be for ever afterwards Disabled and Rendred Incapable of Having, Holding, or Enjoying, all, or any of the aforesaid Estates or Interests, which such Protestant Person so Marrying, shall, may, or ought to have, at the time of such Marriage; and that by such Marriage, as aforesaid, all, and every of the said Estates and Interests belonging to such Protestant person or persons so Marrying, as aforesaid, shall go to, and be Vested in, and in Law Deémed and Esteémed to be the Right, Title, Estate and Interest of the next Protestant of the Kin, to whom such Estate, or Interest would Descend, or come to by Law, were such Protestant Maid or Woman, and all other Intervening Popish Heirs, Executors, or Administrators really Dead and Intestate at the time of such Marriage; and that from the time of such Marriage, such next Protestant of the Kin, as aforesaid, to whom all, or any of the said Estates or Interests, shall come by such Marriage, as aforesaid, shall Have, Hold, Possess and Enjoy, all, and every such Estates and Interests, in as Large, Ample, and Beneficial Manner, to all intents and purposes, as such Protestant Maid or Woman might Have, Held, Possessed, or Enjoyed the same, in Case this Act had never beén made; and that at any time after such Protestant Maid or Woman, shall Marry without such Certificate, as aforesaid, it shall, and may be Lawful, to, and for such Protestant person or persons, to whom all, or [Page 6] any of the said Estates or Interests, shall come by such Marriage, as aforesaid, by any Action at Law, or other Legal means whatsoever, to Sue for, and Recover all, or any of the said Estates or Interests, as if such Protestant person or persons so Marrying, as aforesaid, and all other Intervening Popish Heirs, Executors, or Administrators, were really Dead, and Intestate, as aforesaid, and as if such person or persons, who shall so Sue for, and Recover all, or any of such Estates or Interests, were Rightfully and Legally Intituled thereto, as Heir, Executor, or Administrator to such Protestant Maid or Woman Marrying, as aforesaid; such Maid or Woman, being by such Marriage to be Deémed and Esteémed Dead in Law, to the aforesaid Intents, Constructions and Purposes.
And if any such Protestant Maid or Woman, as aforesaid, shall at any time after the First Day of January One thousand Six hundred Ninety seaven, Marry any such person without such Certificate, as aforesaid, that then, and from thenceforth, such Protestant persons, and such Husband as she shall so Marry, as aforesaid, shall for ever be Incapable of being Heir, Executor, Administrator, or Guardian, of, or to any Protestant or Protestants whatsoever; and in case any Protestant Woman, as aforesaid, is now Married to a Popish person, and hath now by Law a Title, or is chosen or appointed to be Guardian to any Protestant person or persons, having all or any of the said Estates or Interests, aforesaid, that in such Case, from and after the said First Day of January, such Guardian shall be utterly Vncapable [Page 7] of being any longer so Guardian, or to Receive any the Rents, Issues or Profits, of the said Estates or Interests of such person or persons in Guardianship, as aforesaid; and the Right and Title of such Guardianship, shall devolve on, and come to the next Protestant, or Protestants of the Kin, to whom the Estate of such person or persons in Guardianship, as aforesaid cannot descend, unless such person shall be Vncapable in Law, or shall be Adjudged unfit for such Guardianship by the Court of Chancery in this Kingdom: In either of which Cases, such Right of Guardianship shall go to the next Protestant of Kin, who shall be Capable and Fit for the Discharge of such Trust, who shall take into his, her, or their Care and Tuition such person and persons in Guardianship, as aforesaid, and Receive the Rents, Issues and Profits of such Estates and Interests belonging to such person or persons, so in Guardianship.
And that in Case any Protestant Minister, or Popish Priest, or other person whatsoever, shall after the said First Day of January, Ioyn in Marriage any Protestant Maid or Woman, having any of the said Estates or Interests, aforesaid, to any person whatsoever, without having such Certificate in Writing, as aforesaid, then every such Protestant Minister, Popish Priest, or other person whatsoever, Ioyning in Marriage, as aforesaid, such Protestant Maid or Woman to any person without such Certificate, as aforesaid, for every such Offence, he or they shall so Commit, being Convicted thereof by his or their Confession, or by the Verdict of a Iury of Twelve Men of the County wherein such [Page 8] Offence shall be Committed, shall suffer One Year's Imprisonment, without Bail or Mainprize, and Forfeit the Summ of Twenty pounds Sterling, the one Moyety thereof to Our Sovereign Lord the King, that now is, His Heirs and Successors, and the other Moyety to the party or parties that will Sue for the same, by any Bill, Plaint, Action, Sute or Information, wherein no Essoyn, Wager of Law, or Protection shall be allowed.
And whereas the Marriages of Protestant persons, to, and with Popish Maidens and Women, have, proved Pernitious to the Protestant Interest, it commonly happening such Protestant persons and their Issues, being influenced by such Popish Wives, are Reconciled to Popery, and become Papists: For Remedy whereof, Be it further Enacted by the Authority aforesaid, That in Case any Protestant person or persons, shall after the said First day of January next, Marry any Maiden or Woman, without having obtained a Certificate in writing, under the Hand of the Minister of the Parish, Bishop of the Diocess, and some Iustice of the Peace, living near the place where such Maid or Woman shall be Resident at the time of such Marriage, or any Two of them, of her being a known Protestant; which Certificate shall be Attested by Two Credible Witnesses, as aforesaid, and shall be Granted without Feé or Reward; such person or persons so Marrying any Maiden or Woman, shall from and after such Marriage, be in Law, deémed and esteémed to all intents, constructions and purposes, to be a Papist, or Popish Recusant, and shall for ever afterwards, be Disabled and Rendered Incapable of, and [Page 9] from being Heir, Executor, Administrator, or Guardian to any person or persons whatsoever, as also be Disabled to Sit in either House of Parliament, and Rendered Incapable of, and from having, bearing, or Exercising, any Civil or Military Office or Imployment whatsoever, unless such person so Marrying, shall within One Year after such Marriage, procure such Wife to be Converted to the Protestant Religion, and shall obtain a Certificate under the Hand and Seal of the Bishop of the Dioces, or Arch-Bishop of the Province, or Chancellor, of this Kingdom, that she hath renounced the Popish Religion, and is become a Protestant, and shall procure the said Certificate to be Inrolled in the Court of Chancery in this Kingdom.
And whereas several Popish Priests have of late endeavoured to withdraw several of the Soldiers Inlisted in His Majesty's Army, from His Majesty's Service, by Marrying them to Popish Wives.
Be it therefore further Enacted, That any Popish Priest, or Protestant Minister, or other person whatsoever, that shall Marry any Soldier Inlisted in His Majesty's Army in this Kingdom, to any Wife without such Certificate as aforesaid, shall Forfeit the Summ of Twenty pounds for every such offence, to be Levyed by Warrant from any Iustice of the Peace, in any County in this Kingdom where such offence shall be Committed of the Goods and Chattels of the Offender, or in default thereof, the party so Offending to be Commited to the County Goal there to remain without Bail of Mainprize, until he shall pay the said Summ, [Page 10] one Moyety thereof to such person or persons that shall give Information and make out such Offence before any Iustice of the Peace, and the other Moyety to the Tresurer of the County, to be applyed to the use of the County, and that every Iustice of the Peace shall give an account of his proceédings to the next Quarter-Sessions.
Provided always, That any person that shall think himself Agrieved, by the Iudgment of any Iustice of the Peace, may have Liberty to Appeal to the next Quarter-Sessions, where the said Matter shall be Examined, and such Relief therein given, as to the Iustices at the Quarter-Sessions shall seém reasonable.
Provided always, And be it Enacted, That in all Cases where a Certificate is required by this Act, that the person Marrying is a known Protestant, if any Marriage shall be Made without such Certificate, and it can afterwards be made appear by Proof, that such person was a known Protestant, that in such Case, they shall not be Lyable to any Forfeitures or Penalties in this Act.