Restraints upon marriages in Ireland of pro

This Marriage Act has never been adopted in Ireland :

but the policy of the Irish statutes has been not only as testants and ca- the 9 Geo. 2. c. 11. Ir. professes, to prevent the clandes

tholics.

s. 12. & 13. Ir.

tine marriages of persons entitled to considerable fortunes, but also to prevent the popish interest and religion from being increased and propagated by intermarriages between protestants and catholics. The 9 W. 3. c. 3. Ir. 2 Ann. c. 6. s. 5. Ir. and. 9 Geo. 2. c. 11. s. 6. Ir. were framed with this latter view; and accordingly subjected such protestants as should marry papists, and the ministers celebrating such marriages, to divers-penalties and disabilities: but these statutes were so far repealed by the 32 Geo.3. c.21. 32 Geo. 3. c. 21. Ir. which enacts (s. 12. & 13.) that it shall be lawful for protestants and persons professing the Roman catholic religion to intermarry, and for all persons having lawful jurisdiction, to grant licenses for marriages to be celebrated between protestants and catholics, and for clergymen of the established church, or protestant dissenting ministers, to publish the banns of marriages between such persons: provided however that neither protestant dissenting ministers, nor popish priests, shall celebrate marriages between protestants of the established 19 Geo. 2.c.13. church and Roman catholics. The 19 Geo. 2. c. 13. s. 1. Ir. also provided, that every marriage between a papist, and any person who hath been or hath professed himself to be a protestant at any time within 12 months before celebration of marriage, or between two protestants, if celebrated by a popish priest, shall be void without any process, judgment, or sentence of law. And it is also a proviso 33 Geo. 3.c. 21. (s. 12.) of the 33 Geo. 3. c. 21. Ir. which relieves catholics from all penaltics and disabilities in general, save such as protestants are liable to, (but with certain exceptions,) that nothing herein shall authorize any popish priest, or reputed popish priest, to celebrate marriage between protestant and protestant; or between any person who hath been or professed himself to be a protestant at any time within 12 months before such marriage, and a papist, unless such protestant and papist shall have been first married by a clergyman of the protestant religion; and every popish priest, or reputed popish priest, who shall celebrate any marriage contrary to this provision, shall forfeit

s. 1. Ir.

$ 12. Ir.

forfeit £500. to his majesty, upon conviction thereof. The

s. 3. Ir. Dissenters may

their church.

11 Geo. 2. c. 10. s. 3. Ir. recites that several protestants 11Geo. 2. c. 10. dissenting from the church of Ireland, scruple to be married according to the form of matrimony prescribed marry according by said church; and enacts, that such dissenters who shall to the forms of enter into matrimonial contracts in their own congregation before their ministers or teachers, and thereupon live together as husband and wife, shall not be prosecuted in any ecclesiastical court ex officio mero, or on the presentment of any minister or church-wardens of any parish, for or by reason of their entering into such matrimonial contracts, or for their living together as husband and wife by virtue of such contract; provided such dissenters, and such minister or teacher, shall take the oaths, and subscribe the declaration, according to the 6 Geo. 1. c. 5. Ir. which will be stated in another place. And by the 21 & 21 & 22 Geo. 3. 22 Geo. 3. c. 25. Ir. all matrimonial contracts and marriages between protestant dissenters, and solemnized by dissenting ministers or teachers, shall be valid to all intents; and all parties to such marriages, and all persons deriving under them, shall in virtue of such marriages be entitled to all rights and benefits, in like manner as persons of the established church, and as if the same had been solemnized by a clergyman of the church of Ireland: provided that nothing herein shall make void, or be construed contrary to, the several acts made in the reigns of George I. and George II. for preventing clandestine and other marriages therein specified.

4.25.s.1.& 2. Ir.

No Toleration Act, or statute for the relief of non- Law less relaxed in England. conformists, has dispensed with the Marriage Act in 31 Geo. 3. c. 39. favour of the dissenters of England: and the 31 Geo. 3, s. 12. Eng. c. 32. Eng. which relieves Roman catholics from certain penalties and disabilities, to which they were before subject in England, expressly provides (s. 12.) that nothing therein shall be construed to repeal any part of the Marriage Act, or any other statutes concerning marriages.

ful.

The 2 & 3 Edw. 6. c. 21. Eng. recites, that "although Marriages of it were not only better for the estimation of priests, and priests, &ic lawother ministers in the church of God, to live chaste, sole 2 & 3 Fiw, 6. and separate from the company of women, and the bond

of

c. 21. Eng.

5 & 6 Edw. 6. c. 12. Eng.

of marriage, but also thereby they might the better intend to the administration of the Gospel, and be less intricated and troubled with the charge of household, being free and unburdened from the care and cost of finding wife and children; and that it were most to be wished, that they would willingly, and of theirselves, endeavour themselves to a perpetual chastity, and abstinence from the use of women; yet forasmuch as the contrary hath rather been seen, and such uncleanness of living, and other great inconveniences, not meet to be rehearsed, have followed of compelled chastity, and of such laws as have prohibited those the godly use of marriage; it were better and rather to be suffered in the commonwealth, that those which could not contain, should, after the counsel of scripture, live in holy marriage, than feignedly abuse, with worse enormity, outward chastity or single life:" And accordingly enacts, that all laws, canons, constitutions, and ordinances, which prohibit marriage to any ecclesiastical person, shall be void. And the 5 & 6 Edw. 6. c. 12. Eng. further declares, that the marriages of priests, and other ecclesiastical persons, shall be good to all intents, and their children legitimate, and inheritable; and such priests, &c. may be tenants by the curtesy of their wives' lands, &c.; and their wives have dower of their lands, &c. as any other husbands and wives. It is to be observed, that by the 31 Hen. 8.c. 14. Eng. it was made a felony, for a priest to keep company with a wife; and highly penal also, to keep company with a concubine: but this statute was altered by the 32 Hen. 8. c. 10. Eng. and afterwards repealed by the 2 & 3 Edw. 6. c. 21. Eng. The 32 Hen. 8. c. 10. Eng. which mitigated the penalties of the 31 Hen. 8. c. 14. Eng. has been only so far repealed, by the 2 & 3 Edw. 6. c. 21. supra, as respects the marriages of priests; but still continues in force with respect to concubinage. No statute has been made in Ireland respecting the marriage, or concubinage, of priests or other ecclesiastical persons: but by one of the 39 articles (which are recognized by the 17 & 18 Car. 2. c. 6. Ir.) it is declared to be lawful for them, as for all other christian men, to marry at their own discretion..

CHAP.

CHAP. XVI.

Of Parent and Child.

THE

HE 43 Eliz. c. 2. Eng. enforces the reciprocal duty

--reciprocal

43 Eliz. c. 2.

of parents to their children, and of children to their pa- Parent and child rents, in respect to maintenance. By this statute (s. 7.) duty of mainthe father and grandfather, and the mother and grand- tenance. mother, and the children of every poor, old, blind, lame, Eng. and impotent person, or other poor person not able to work, being of sufficient ability, shall, at their own charges, relieve and maintain every poor person, in that manner, and according to that rate, as by the justices of peace of the county where such sufficient persons shall dwell, at their general quarter sessions shall be assessed; upon pain of forfeiting 20s, for every month that they shall fail therein. And by the 5 Geo. 1. c. 8. s. 1. Eng. 5 Geo. 1. c. 8. the church-wardens or overseers of the s. 1. Eug. of poor any parish or place, where any (wife or) child shall be left a charge Duty enforced. upon such parish, &c. may by the warrant of any 2 justices of the peace, seize so much of the goods and chattels, and receive so much of the annual rents and profits of the lands, &c. of the (husband,) father or mother, so leaving them chargeable, as such justices shall direct, towards the discharge of such parish, &c. for the bringing up and providing for such (wife or) child. The 11 & 12 Geo. 3. c. 15. Ir. (amended by the 13 & 14 Geo. 3. c. 24. Ir.) has been already stated,* which provides for deserted in- *Ante page282 fants: but no Irish statute contains any provisions similar to those of the 43 Eliz. c. 2. or 5 Geo. 1. c. 8. "To the end that the protestant children of popish parents may not in the life-times of such their parents, for want of fitting maintenance be necessitated, in compliance with their parents, to embrace the popish religion contrary to their own inclinations;" the 11 & 12 W. 3. c. 5. s. 7. Eng. 11 & 12 W. 3. provides, that if any such parent, in order to the compel- c. 5. s. 7. Eng. ling such his protestant child to change his religion, shall

refuse

order mainte

cuses.

Chancellor may refuse to allow such child a fitting maintenance, suitable nance in certain to the degree and ability of such parent, and to the age and education of such child, then it shall be lawful for the lord chancellor, upon complaint thereof, to make order therein. And the 1 Ann. st. 1. c. 30. Eng. in like manner enables the chancellor, to order a suitable maintenance for the protestant children of Jewish parents. It

1 Ann. st. 1. c. 30. Eng.

Jr.

& Ann. c. 3. $ 3. & 4. kr.

2 Ann. c. 6. s.3. was also a provision of the 2 Ann. c. 6. s. 3. Ir. and 8 Ann. c. 3. s. 3. & 4. Ir. that upon complaint in chancery, by bill founded on these acts, against any popish parent, it should be lawful for said court, to oblige the popish parent to discover upon oath the full value of his estate, as well real as personal, clear above all real debts and incumbrances contracted, bona fide, before the inrolment of the certificate of conformity of any protestant children of such parent; and to order a distribution of such estate, not exceeding 1-3d. part thereof, for the present support, and future maintenance and portions of such children, notwithstanding any fraudulent gift or sale, or voluntary disposition, charge, or incumbrance; and upon any new bill preferred, to augment such portion and maintenance, according to the true and improved value of the estate, notwithstanding any decree previously 17 & 18 Geo.3. made up and inrolled. But the 17 & 18 Geo. 3. c. 49, Ir, which enabled papists, to take leases for years not exceeding 999, or for any term of years determinable upon any number of lives not exceeding 5, did by s. 5. provide, that, no maintenance or portion should be granted upon a bill filed pursuant to the 2 Ann, c. 6. out of the personal property of any such popish parent, except out of such leases as they were enabled to take under this act. And the 33. Geo. 3. c. 21, s. 1. & 14. Ir. has rendered these clauses of the 2 Ann., c. 6. and 8 Ann, c. 3. inoperative, as to such Roman catholics as shall take and subscribe the oaths and declaration contained in this

c. 49. s. 5. I'.

*1'ide chap.10. act, and in the 13 & 14 Geo. 3. c. 35. Ir.*

§ 2.

bastards.

翼

II. As to the duty of giving children an education suitable Maintenance of to their station in life. The statutes for apprenticing poor children have been already stated in a former chapter: and those statutes which restrain the sending children abroad to be educated in the popish religion are referred

ta