STATUTES BY SUBJECT -- INTERMARRIAGE
9 Will III c.3 (1697):
An Act to prevent Protestants intermarrying with Papists
Sec. 1. Whereas many protestant women, heirs or heirs apparent
to lands or other great substances in goods or chattels, or having
considerable estates for life, or guardianship of children intitled
to such estates, by flattery and other crafty insinuations of
popish persons, have been seduced to contract matrimony with and
take to husband, papists, to the great ruin of such estates, to
the great loss of many protestant persons to whom the same might
descend, and to the corrupting such protestant women that 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 of all their protestant friends, if any
Protestant woman having any estate or interest real or, if personal
of a value of 500 pounds, shall take to husband any person without
first having a certificate from the minister of the parish, bishop,
and justice of the peace living near the place 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 2 credible witnesses, that protestant woman, and the
person she shall so marry, shall be incapable of holding or enjoying
any of her aforesaid estates or interests.
And by such marriage all said estates and interests shall be vested
in the next protestant of kin to whom such estate or interests
would descend were such protestant woman dead. And such protestant
person may sue for and recover such estates or interests at any
time after such marriage.
9 Will III c.3 (1697):
An Act to prevent Protestants intermarrying with Papists
Sec. 1 cont. And such protestant woman so marrying, and the husband
as she shall so marry, shall be incapable of being heir, executor
or guardian to any protestant.
9 Will III c.3 (1697):
An Act to prevent Protestants intermarrying with Papists
Sec. 1 cont. Any protestant minister or popish priest or other
person who shall join in marriage any protestant woman without
such certificate shall for each offence suffer one year's imprisonment,
and forfeit 20 pounds, one half to the king, one half to the informer.
9 Will III c.3 (1697):
An Act to prevent Protestants intermarrying with Papists
Sec. 2. And whereas the marriages of protestant persons to
popish maidens and women have proved pernicious to the protestant
interest, it commonly happening such protestants and their issue,
being influenced by their popish wives, become papists, any
protestant man who shall marry any woman without having obtained
a certificate as in section 1 hereof, of her being a known protestant,
such protestant man shall be in law deemed a papist, or popish
recusant, unless such person shall within one year of such marriage,
procure his wife to be converted to the protestant religion.
9 Will III c.3 (1697):
An Act to prevent Protestants intermarrying with Papists
Sec. 3. And whereas several popish priests have of late endeavoured
to withdraw soldiers from his Majesty's service by marrying them
to popish wives, any popish priest or protestant minister
who marries any soldier to anyone without the aforesaid certificate
shall forfeit 20 pounds, half to the county, half to the informer.
9 Will III c.3 (1697):
An Act to prevent Protestants intermarrying with Papists
Sec. 4-5. Appeals under this act may be made to the next quarter-sessions.
In cases where a certificate is required by this act and not acquired,
but it can afterwards be made to appear by proof that such person
was a known protestant, they shall not be liable to any forfeiture
or penalties.
2 Ann c.6 (1703):
An Act to prevent the further Growth of Popery
Sec. 5. If any protestant having an estate or interest real or
personal in this kingdom shall intermarry with any papist, either
within this kingdom or in any parts out of this kingdom, such
persons shall be liable to all the penalties established by 9
Will III. c. 3, as if such marriage took place within this kingdom.
Provided that the certificate of a protestant minister performing
the marriage out of this kingdom attested by a public notary shall
be sufficient to avoid such penalties.
6 Ann c. 6 (1707):
An Act for ... preventing the .. marrying children against the
wills of their parents or guardians
Sec. 6. Any popish priest who marries any persons knowing that
either of them is of the protestant religion, shall suffer the
penalties of a popish regular.
8 Ann c.3 (1709):
An Act for explaining ... an Act to Prevent the further Growth
of Popery
Sec. 14. If any woman who was a papist at the time of her marriage
with a popish husband, and who hath power to make jointures, shall
become protestant, and inroll a certificate thereof and receive
the sacrament, she, if surviving her popish husband, shall have
provision not exceeding the power on bringing a bill in chancery.
8 Ann c.3 (1709):
An Act for explaining ... an Act to Prevent the further Growth
of Popery
Sec. 15. The wife of a popish husband who shall become protestant
during the life of such popish husband shall have such portion
of the chattels real and personal of which such popish husband
shall die possessed as the court of chancery shall think reasonable,
not exceeding one third part, notwithstanding any will or voluntary
disposition made by such popish husband to the contrary.
8 Ann c.3 (1709):
An Act for explaining ... an Act to Prevent the further Growth
of Popery
Sec. 26. If any popish priest shall be prosecuted for marrying
any person of the protestant religion, it shall be presumed and
concluded that said popish priest knew that one or both parties
were protestant.
12 Geo I c.3 (1725):
An Act to prevent Marriages by degraded Clergymen and Popish Priests,
...
Sec. 1. Any popish priest or person pretending to be a clergyman
who shall celebrate marriage between two protestants, or a protestant
and a papist, shall be guilty of felony and suffer death.
12 Geo I c.3 (1725):
An Act to prevent Marriages by degraded Clergymen and Popish Priests,
...
Sec. 2-3. And any two justices of the peace may summon any person
suspected of having been married by a popish priest or to have
been present at such a marriage to appear and be examined under
oath where and by what persons, and with what ceremonies such
marriage was celebrated, and what religion the persons so married
professed, and who was present at the marriage. Failure to respond
shall be punishable by three years in the common gaol, unless
they submit to be examined sooner and enter into a recognizance
to appear at the next assizes to prosecute such persons as shall
appear by the examination to have offended contrary to this act.
9 Geo II c.11 (1735):
An Act for the more effectual preventing clandestine Marriages
Sec. 6. No minister in any church or chapel shall publish the
banns of matrimony between any persons, whereof one is of the
protestant and the other of the popish religion, on pain of ecclesiastical
censure as for celebrating a clandestine marriage.
19 Geo II c.13 (1745):
An Act for annulling all Marriages to be celebrated by any Popish
Priest between Protestant and Protestant, or between Protestant
and Papist, ...
Sec. 1. Every marriage celebrated after the 1st day of May, 1746,
between a papist and any person who has been a protestant within
twelve months before such celebration of marriage, or between
two protestants if celebrated by a popish priest, shall be absolutely
null and void.
23 Geo II c.10 (1749):
An Act for explaining ... Act[s] ... for the more effectual preventing
clandestine Marriages ...
Sec. 3. Every popish priest who celebrates any marriage between
a protestant and a papist or between 2 protestants shall be guilty
of a felony, even though the marriage be null and void.