10 G. 4, c. 34 have been known by such person to be living within that time, or shall extend to any person who, at the time of such second marriage, shall have been divorced from the bond of the first marriage, or to any person whose marriage shall have been declared void by the sentence of any court of competent jurisdiction.

Past mar.

riages within prohibited degrees, con

firmed.

Future marriages within prohibited degrees, annulled.

All ministers

lished church

shall use the form of common prayer.

5 & 6 Will. 4, c. 54, s. 1.-Whereas marriages between persons within the prohibited degrees are voidable only by sentence of the ecclesiastical court, pronounced during the life-time of both the parties thereto; and it is unreasonable that the state and condition of the children of marriages between persons within the prohibited degrees of consanguinity or affinity, should be ipso facto void, and not merely voidable. Be it &c., that all marriages which shall have been celebrated before the passing of this act [31st August, 1831] between persons being within the prohibited degrees of affinity, shall not hereafter be annulled for that cause, by any sentence of the ecclesiastical court, unless pronounced in a suit which shall be depending at the time of the passing of this act. Provided, that nothing hereinbefore enacted shall affect marriages between persons being within the prohibited degrees of consanguinity.

2. That all marriages, which shall hereafter be celebrated between persons within the prohibited degrees of consanguinity or affinity, shall be absolutely null and void to all intents and purposes whatsoever.

SECTION 7.

Offences concerning Religion.

2 Eliz. c. 2, s. 2.-That all and singular ministers in any of the estab cathedrall or parish church, or other place within this realm of Ireland, shall from and after the feast of Saint John Baptist then next ensuing, bee bounden to say and use the mattens, even-song, celebration of the Lord's supper, and administration of each of the sacraments, and all their common and open prayer, in such order and form as is mentioned in the said book so authorisedby parliament in the said fifth and sixth years of the raigne of king Edward the Sixth, with one alteration or addition of certain lessons to bee used in every Sunday in the year, and the forme of the litanie altered and corrected, and two sentences onely added in the delivery of the sacrament to the communicants, and none other or otherwise; and that if any manner of parson, vicar, or other whatsoever minister that ought or should sing or say common prayer mentioned in the said book, or minister the sacraments, from and after the feast of Saint John the Baptist aforesaid, refuse to use the said common prayers, or to minister the sacraments in such cathedrall or parish church, or other places, as he should use to minister the same, in such order and form as they be mentioned and set forth in the said book, or shall wilfully or obstinately (standing in the same) use any other rite, ceremony, order, form, or manner of

Refusing to use the book of common prayer, or using any other, or speaking in derogation of it.

celebrating of the Lord's supper openly or privily, or mattens, 2 Eliz. c. 2. even-song, administration of the sacraments, or other open prayers is mentioned and set forth in the said book; (open prayer in and throughout this act, is meant that prayer which is for other to come unto, to hear, either in common churches or privy chappels or oratories, commonly called the service of the church;) or shall preach, declare, or speak any thing in the derogation or depraving of the said book, or any thing therein conteyned, or of any part thereof, and shall be thereof lawfully convicted according to the lawes of this realm, by verdict of twelve men, or by his owne confession, or by the notorious evidence of the fact, shall lose and forfeit to the queene's highnesse, Penalty. her heires and successors, for his first offence, the profit of all his spirituall benefices or promotions comming or arising in one whole year next after his conviction; and also the person so convicted shall, for the same offence, suffer imprisonment by the space of sixe monthes without bayl or main-prise: and if any such person, once convicted of any offence concerning the premisses, shall, after his first conviction, eftsoons offend, and be thereof in forme aforesaid lawfully convict, that then the same person shall, for his seconed offence, suffer imprisonment by the space of one whole year, and after, shall therefore be deprived (ipso facto) of all his spirituall promotions; and that it shall be lawfull to all patrons or donours of all and singular the same spirituall promotions, or any of them, to present or collate unto the same, as though the person or persons so offending were dead; and that if any such person or persons after he shall be twise convicted in the forme aforesaid, shall offend against any of the premisses the third time, and shall be thereof in forme aforesaid lawfully convicted, that then the person so offending and convicted the third time, shall be deprived (ipso facto) of all his spirituall promotions, and also shall suffer imprisonment during his life and if the person that shall offend and be convict in forme aforesaid, concerning any of the premisses, shall not be beneficed, nor have any spirituall promotion, that the same person so offending and convict, shall for the first offence suffer imprisonment during one whole year next after his said conviction, without bayle or maineprise and if any such person, not having any spirituall promotion, after his first conviction shall eftsoons offend in any thing concerning the premisses, and shall in forme aforesaid be thereof lawfully convicted, that then the same person shall, for. his seconed offence suffer imprisonment during his life.

common

prayers to be

3. (pars.)-That if any person or persons whatsoever, after Ridiculing the said feast of Saint John Baptist, shall, in any enterludes, the book of playes, songs, rimes, or by other open words, declare or speake prayer, causany thing in derogation, depraving, or despising of the same ing other book, or of any thing therein conteyned, or any part thereof, used, or inor shall, by open fact, deed, or by open threatenings, compell or terrupting the minister. cause, or otherwise procure or maintaine any person, vicar, or other minister, in any cathedrall or parish church, or in chappell,

Penalty.

2 Eliz. c. 2. or in any other place, to sing or say any common and open prayer, or to minister any sacrament, otherwise or in any other maner and forme then is mentioned in the said book, or that, by any of the said meanes, shall unlawfully interrupt or let any person, vicar, or other minister in any cathedrall or paroch church, chappell, or any other place to sing or say common and open prayer, or to minister the sacraments, or any of them, in such maner and forme as is mentioned in the said book; that then every such person, being thereof lawfully convicted in forme abovesaid, shall forfeit to the queen our soveraign lady, her heyres and successors, for the first offence, an hundred markes ; and if any person or persons, being once convict of any such offence, eftsoones offend against any of the last recited offences, and shall in forme aforesaid be thereof lawfully convict, that then the same person, so offending and convict, shall, for the second offence, forfeyt to the queen our soveraign lady, her heires and successours, four hundred marks; and if any person, after he in forme aforesaid shall have been twise convict of any offence concerning any of the last recited offences, shall offend the third time, and be thereof in forme abovesaid lawfully convict; that then every person, so offending and convict, shall, for his third offence, forfeit to our soveraign lady the queen all his goods and chattles, and shall suffer imprisonment during his life. And if any person or persons that, for his first offence concerning the premisses, shall be convict in forme aforesaid, doe not pay the summe to be payed by vertue of his conviction, in such manner and forme as the same ought to be paied, within sixe weekes next after his conviction; that then every person, so convict and so not paying the same, shall for the same first offence, insteade of the said sum, suffer imprisonment by the space of six moneths without baille or maineprise. And if any person or persons that, for his second offence concerning the premisses, shall be convict in forme aforesaid, do not pay the said summe to be payed by vertue of his conviction and this estatute, in such manner and forme as the same ought to be payed, within six weeks next after his said second conviction; that then every person, so convicted and not so paying the same, shall for the same second offence, in the steade of the said sum, suffer imprisonment during twelve moneths without bayl or maineprise.

5. That all and every justices of the peace, gaol deliverie, of oyer and determiner, or justices of assise, shall have full power and authoritie, in every of their open and generall sessions, to enquire, heare, and determine all and all manner of offences, that shall be committed or done contrarie to any article conteyned in this present act, within the limits of the commission to them directed, and to make processe for the execution of the same, as they may doe against any person being indicted before them of trespasse, or lawfully convicted thereof.

6. Provided alwayes, and be it enacted &c., that all and every archbishop and bishop shall and may, at all time and times at his

libertie and pleasure, joyne and associate himselfe, by vertue of 2 Eliz. c. 2. this act, to the said justices of the peace, goale deliverie, of himself to oyer and determiner, or to the said justices of assise, at every the justices, of the said open and generall sessions to be holden in any place upon the within his diocesse, for and to the enquirie, hearing, and deter- trial of such mining of the offences aforesaid.

offences.

ferred at

8. That no person or persons shall be at any time hereafter Indictment impeached or otherwise molested of or for any of the offences shall be preabove mentioned, hereafter to be committed or done contrarie nextsessions to this act, unlesse hee or they so offending be thereof indicted or assizes. at the next generall session to be holden before any such justices of the peace, goale deliverie, of oyer and determiner, or justices of assise, next after any offence committed or done contrarie to the tenour of this act.

Peers

shall, for

9. Provided always, and be it ordeyned and enacted by &c., that all and singular lords of the parliament, for the third offence third offence, above mentioned, shall be tryed by their peers, before such peer be tried by their peers. of this realm of English bloud, as by the lord deputy or other governour or governours of this realm for the time being, shall be by commission appointed under the broad seal.

also enquire

offences.

10. Provided also, and be it ordayned and enacted by &c., Corporate that the mayor of Dublin, and all other mayors, baylifes, and officers may other head officers of all and singular cities, boroughes, and of such townes corporate within this realm, to the which justices of peace, or of gaole deliverie, or assise, do not commonly repayre, shall have full power and authoritie by vertue of this act, to enquire, heare, and determine the offences abovesaid, and everie of them, yearly within fifteen dayes after the feast of Easter and Saint Michael the Archangel, in like manner and forme as justices of the peace, gaole delivery, assise, and oyer and terminer may doe. 11. Provided alwayes, and be it ordayned and enacted by &c., Ordinary &c. that all and singular archbishops and bishops, and every of their may inquire and punish chauncellours, commissaries, archdeacons, and other ordinaries, having any peculiar ecclesiasticall jurisdiction, shall have full fore, by the power and authoritie by vertue of this act, as well to enquire in ecclesiastical their visitation, synodes, and elsewhere within their jurisdictions, at any other time and place, and to take accusations and informations of all and every the things above said, done, committed, or perpetrated within the limittes of their jurisdictions and authoritie, and to punish the same by admonition, excommunication, sequestration, or deprivation, and other censures and processes, in like forme as heretofore hath been used in like cases by the queen's ecclesiastical lawes.

as hereto

laws.

12. Provided alwayes, and be it enacted, that whatsoever Punishment person offending in the premisses, shall for the offence first receive shall not be inflected by punishment of the ordinarie, having a testimonie thereof under two tribunals the said ordinarie's seales, shall not for the same offence eftsoones for the same be convicted before the justices; and likewise receiving for the said first offence punishment by the justicers, he shall not for the

offence.

2 Eliz, có 2.

deliver to the

statement of

their names,

&c.;

same offence eftsoones receive punishment of the ordinarie; any thing conteyned in this act to the contrarie notwithstanding.

10 Geo. 4, c. 7 (a), s. 28.—And whereas jesuits, and members of other religious orders, communities, or societies of the church of Rome, bound by monastic or religious vows, are resident within the united kingdom; and it is expedient to make provision for the gradual suppression and final prohibition of the Jesuits shall same therein; be it therefore enacted, that every jesuit, and clerk of the every member of any other religious order, community, or peace, a society of the church of Rome, bound by monastic or religious vows, who, at the time of the commencement of this act (b), ages, abodes, shall be within the united kingdom, shall, within six calendar months after the commencement of this act, deliver to the clerk of the peace of the county or place where such person shall reside, or to his deputy, a notice or statement, in the form and containing the particulars required to be set forth in the schedule to this act annexed (c); which notice or statement such clerk of the peace, or his deputy, shall preserve and register amongst the records of such county or place, without any fee, and shall forthwith transmit a copy of such notice or statement to the chief secretary of the lord lieutenant or other chief governor or governors of Ireland, if such person shall reside in Ireland, or if in Great Britain, to one of his majesty's principal secretaries of state; and in case any person shall offend in the premises, he shall forfeit and pay to his majesty, for every calendar month during which he shall remain in the united kingdom, without having delivered such notice or statement as is hereinbefore required, the sum of fifty pounds (d).

a copy of

which shall be transmitted to the chief secretary.

Jesuits &c.

the realm;

misde

29. That if any jesuit, or member of any such religious coming into order, community, or society as aforesaid, shall, after the commencement of this act, come into this realm, he shall be deemed and taken to be guilty of a misdemeanor, and being thereof lawfully convicted, shall be sentenced and ordered to be banished from the united kingdom for the term of his natural life.

meanor.

Natural

born sub.

30. Provided always, and be it further enacted, that in case jects, being any natural born subject of this realm, being, at the time of the

(a) Entitled, "An Act for the relief of his Majesty's Roman Catholic subjects."

(b) Viz. the 23d of April, 1829.-s. 40.

(c) Viz. the date of the registry-name of the party-age--place of birth-name of the order, community, or society whereof he is a member-name and usual residence of the next immediate superior of the order, community, or society-and usual place of residence of the party.

(d) All penalties imposed by this act shall be recovered in Ireland, by information in the Exchequer, in the name of the attorney-general