IRISH PENAL LAW - 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.

 

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