Page:Ruffhead - The Statutes at Large - vol 2.djvu/460

 Part of the Sta- tute of Precon- -trafts repealed. 422. C. 23, 240' Anno fecundo & tertio Edwardi VI. , A. D. 1548. CAP. XXIII. The Repeal of an Aft made in the xxxij. Year of King Henry the Eighth, which was made, That Marriage contracted in the Face of the Church, and confummate with bodily Know- ledge, to be deemed lawful, any former Contract notwithftanding. H E R E A S in the xxxij. Year of the Reign of the late King of famous Memory, King Henry the Eighth, becaufe that many Inconvenigncies had chanced in this Realm by breaking diffolving of good and lawful Marriages, yea, whereupon alio fometime IfTue and Children had followed, under the Colour and Pretence of a former Contrail made with another, the which Contract divers Times was but very flenderly proved, and often but furmifed by the Malice of the Party who defired to be diffoived from the Marriage which they liked not, and to be coupled with another, there was an Act made, That all and every fuch Marriages, as within the Church of England fhould be contracted and folemnized in the Face of the Church, and confummate with bodily Knowledge, or Fruit of Children or Child being had between. the Parties fo married, ihould be by the Authority of the faid Parliament deemed, judged and taken to be lawful, good, juft and indiffoluble, notwithftanding any Precontract or Precontracts of Matrimony not confummate with bodily Knowledge, which either of the Perfons fo married, or both, had made with any other Perfon or Perfons before the Time of contracting that Marriage which is folemnized or confummat- ed, or whereof fuch Fruit is enfued or may enfue, as by the fame Aft more plainly may appear : (2) Sithence the Time of which Act, although the fame was godly meant, the Unrulinefs of Men hath ungodly abufed the fame, and divers Inconveniencies (intolerable in manner to Chriftian Ears and Eyes) followed there- upon, Women and Men breaking their own Promifes and Faiths made by the one unto the other, fo let upon Senfuality and Pleafure, that if after the Contract of Matrimony they might have whom they more favoured and defired, they could be content by Lightnefs of their Nature to overturn all that they had done afore, and not afraid in Manner, even from the very Church Door and Marriage-Feaft, the Man to take another Spoufe, and the Efpoufe to take another Hufband, more for bodily Lull and carnal Know- ledge, than for Surety of Faith and Truth, or having God in their good Remembrance, contemning ma- ny Times alfo the the Commandment of the Ecclefiaftical Judge, forbidding the Parties having made the Contract to attempt to do any Thing in Prejudice to the fame :' II. Be it therefore enacted by the King's Highnefs, the Lords Spiritual and Temporal, and the Commons, in this prefent Parliament affembled, That as concerning Precontracts, the faid former Statute fhall from the firft Day of May next coming ceafe, be repealed, and of no Force or Effect, and be reduced to the Eftate and Order of the King's Ecclefiaftical Laws of this Realm, which immediately before the making of the faid Eftatute in this Cafe were ufed in this Realm : (3) So that from the faid ftrft Day of May., when any Caufe or Contract of Marriage is pretended to have been made, it lhall be lawful to the King's Ecclefiaftical Judge of that Place to hear and examine the faid Caufe : And (having the faid Contract fufRciently and lawfully proved before him) to give Sentence for Matrimony, commanding Solemnization, Cohabitation, Coniummation and Tractation as becometh Man and Wife to have, with inflicting all fuch Pains upon the Difobedients and Difturbers thereof, as in Times paft before the faid Statute the King's Ecclefiaftical Judge by the King's Ecclefiaftical Laws ought and might have done, if the faid Statute had never been made ; any Claufe, Article or Sentence in the laid Statute to the contrary in any wife notwithftanding. Ill- Provided always, and be it enacted, That this Act do not extend to difannul, diffolve or break any Marriage that hath or {hall be fo folemnizated and confummated before the faid firft Day of May next enfuing, by Title or Colour of any Precontract, but that they be and be deemed of like Force and Effect, to all In- tents, Constructions and Purpofes, as if this Act had never been had ne made ; any Thing in this prefent Act notwithftanding. IV. Provided alfo, That this Act do not extend to make good any of the other Caufes to the Diffolution or difannulling of Matrimony, which be in the faid Act fpoken of and difannulled, but that in all other Caufes and other Things therein mentioned, the faid former Act of the xxxij. Year of the late King of fa- mous Memory do ftand and remain in his full Strength and Power ; any Thing in this Act notwithftanding. 1 El. c. 1. CAP. XXIV. An Aft for Trial of Murders and Felonies committed in feveral Counties. I IS ^rafmuch as the moft neceffary Office and Duty of the Law is to preferve and fave the Life of Man, 3? and condignly to punifh fuch Perfons that unlawfully and wilfully murder, fiay or deftroy Men, and ' alfo that another Office and Duty of Law is to punifh Robbers and Thieves, which daily endeavour them- ' felves to rob and Ileal, or give Affiftance to the fame, and yet by Graft and Cautele do efcape from the fame ' without Punilhment: ' II. And where it often happeneth and cometh in ure in fundry Counties of this Realm, that a Man is felonioufly ftricken in one County, and after dieth in another County, in which Cafe it hath not been foundenby the Laws or Cuftoms of this Realm, that any fufficient Indictment thereof can be taken in any of the faid twoCounties, for that that by the Cutlom of this Realm the Jurors of the County wheie fuch Party died of fuch Stroke, can take no Knowledge of the faid Stroke being in a foreign County, although the fame two Counties and Places adjoin very near together ; ne the Jurors of the County v/here the Stroke was given cannot take Knowledge of the Death in another County, although fuch Death moft apparentl) come of the fame Stroke: So that the King's Majefty within his own Realm cannot, by any Laws ycl ' made A Repeal of fo much of the Statute of 31 H.-g. c. 3S. as maketh that JMarriage indif- foluble which is folemnized in the Church, and confummated with bodily Know iedee and Fruit of Child. Vin.V. 15. 252. A Confirmation of the Refidue rf the faid Stat. Mi'SzH.Z, C.3S. Trials of Mur- aJers may be in feveral Counties, c 3 Inft. 48, 49, c 73> 135- c No Indiftment by the Common c Law of the <■ Death of him c that is ftricken c in one County, ,md dieth in ano- ther, '