Selected quad for the lemma: justice_n
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A45992
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An act to prevent Protestants inter-marrying with papists
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Ireland.
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1697
(1697)
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Wing I326; ESTC R475473
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4,134
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10
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or Popish Priest or other person whatsoever shall after the said First Day of January Ioyn in Marriage any Protestant Maid or Woman having any of the said Estates or Interests aforesaid to any person whatsoever without having such Certificate in Writing as aforesaid then every such Protestant Minister Popish Priest or other person whatsoever Ioyning in Marriage as aforesaid such Protestant Maid or Woman to any person without such Certificate as aforesaid for every such Offence he or they shall so Commit being Convicted thereof by his or their Confession or by the Verdict of a Iury of Twelve Men of the County wherein such Offence shall be Committed shall suffer One Year's Imprisonment without Bail or Mainprize and Forfeit the Summ of Twenty pounds Sterling the one Moyety thereof to Our Sovereign Lord the King that now is His Heirs and Successors and the other Moyety to the party or parties that will Sue for the same by any Bill Plaint Action Sute or Information wherein no Essoyn Wager of Law or Protection shall be allowed And whereas the Marriages of Protestant persons to and with Popish Maidens and Women have proved Pernitious to the Protestant Interest it commonly happening such Protestant persons and their Issues being influenced by such Popish Wives are Reconciled to Popery and become Papists For Remedy whereof Be it further Enacted by the Authority aforesaid That in Case any Protestant person or persons shall after the said First day of January next Marry any Maiden or Woman without having obtained a Certificate in writing under the Hand of the Minister of the Parish Bishop of the Diocess and some Iustice of the Peace living near the place where such Maid or Woman shall be Resident at the time of such Marriage or any Two of them of her being a known Protestant which Certificate shall be Attested by Two Credible Witnesses as aforesaid and shall be Granted without Feé or Reward such person or persons so Marrying any Maiden or Woman shall from and after such Marriage be in Law deémed and esteémed to all intents constructions and purposes to be a Papist or Popish Recusant and shall for ever afterwards be Disabled and Rendered Incapable of and from being Heir Executor Administrator or Guardian to any person or persons whatsoever as also be Disabled to Sit in either House of Parliament and Rendered Incapable of and from having bearing or Exercising any Civil or Military Office or Imployment whatsoever unless such person so Marrying shall within One Year after such Marriage procure such Wife to be Converted to the Protestant Religion and shall obtain a Certificate under the Hand and Seal of the Bishop of the Dioces or Arch-Bishop of the Province or Chancellor of this Kingdom that she hath renounced the Popish Religion and is become a Protestant and shall procure the said Certificate to be Inrolled in the Court of Chancery in this Kingdom And whereas several Popish Priests have of late endeavoured to withdraw several of the Soldiers Inlisted in His Majesty's Army from His Majesty's Service by Marrying them to Popish Wives Be it therefore further Enacted That any Popish Priest or Protestant Minister or other person whatsoever that shall Marry any Soldier Inlisted in His Majesty's Army in this Kingdom to any Wife without such Certificate as aforesaid shall Forfeit the Summ of Twenty pounds for every such offence to be Levyed by Warrant from any Iustice of the Peace in any County in this Kingdom where such offence shall be Committed of the Goods and Chattels of the Offender or in default thereof the party so Offending to be Commited to the County Goal there to remain without Bail of Mainprize until he shall pay the said Summ one Moyety thereof to such person or persons that shall give Information and make out such Offence before any Iustice of the Peace and the other Moyety to the Tresurer of the County to be applyed to the use of the County and that every Iustice of the Peace shall give an account of his proceédings to the next quarter-Quarter-Sessions Provided always That any person that shall think himself Agrieved by the Iudgment of any Iustice of the Peace may have Liberty to Appeal to the next quarter-Quarter-Sessions where the said Matter shall be Examined and such Relief therein given as to the Iustices at the quarter-Quarter-Sessions shall seém reasonable Provided always And be it Enacted That in all Cases where a Certificate is required by this Act that the person Marrying is a known Protestant if any Marriage shall be Made without such Certificate and it can afterwards be made appear by Proof that such person was a known Protestant that in such Case they shall not be Lyable to any Forfeitures or Penalties in this Act. An ACT for Granting an Additional Duty on Tobacco and for continuing unto His Majesty an Aid or Additonal Custom on several Goods and Merchandizes And also for continuing the Additional Duty on Beer and Ale and other Liquors till the Twenty fifth Day of December One thousand Seaven hundred and Two CHAP. XXIX
AN ACT To Prevent PROTESTANTS Inter-Marrying WITH PAPISTS DVBLIN Printed by Andrew Crook Printer to the King 's Most Excellent Majesty on Cork-Hill near Copper-Alley MDCXCVII An ACT to Prevent Protestants Inter-Marrying with Papists CAAP. XXVIII WHEREAS many Protestant Maidens and Women as well such as be Heirs Apparent to their Ancestors as others having left unto them by their Father or other Ancestor or Friends Manours Lands Tenements and Hereditaments or other great Substances in Goods or Chattels Real or Personal for their Advancement in Marriage or having had considerable Estates for Life by Dower or Iointure or having had the Tuition or Guardianship of Protestant Children Intituled to such Estates or Interests as aforesaid by Flattery and other Crafty Insinuations of Popish Persons have beén Seduced and Prevailed upon to Contract Matrimony with and take to Husband Papists or Popish Persons which Marriages have not only Tended to the Ruine and Destruction of such Estates and Interests and to the great Loss and Damage of many Protestants Persons to whom the same might Descend or Come but as well to the Currupting and Perverting such Protestants so Marrying and the Protestant Persons in their Tuition and Guardianship as aforesaid 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 and Displeasure of all their Protestant Friends For remedy whereof Be it Enacted by the King 's Most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and the Commons in this present Parliament Assembled and by the Authority of the same That if any Protestant Maid or Woman Vnmarryed being Heir Apparent to her Ancestor or having a Sole or Ioynt Estate or Interest in Feé-Simple or in Feé-Tail or being Seized in Feé-Simple or in Coparcenary or in Common or being Seized of an Estate for Life or Lives by way of Iointure Dower or otherwise or being Possessed of or Intituled unto any Beneficial Interest or Term for Years of or in any Manours Lands Tenements Rents and Hereditaments in Possession Revertion or Remainder or being Possessed of or Intituled to any Personal Estate either in Money Stock Plate Iewels or other Goods and Chattels in Law or Equity to the Value of Five hundred Pounds Sterling or more shall at any time after the First Day of January next Marry or take to Husband any Person whatsoever without having first obtained a Certificate in Writing under the Hand of the Minister of the Parish Bishop of the Diocess and some Iustice of the Peace Living near the Place or any two of them 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 Two or more Credible Witnesses and shall be Granted without Feé or Reward that then and from the time of such Marriage such Protestant person so Marrying and the person she shall so Marry shall be for ever afterwards Disabled and Rendred Incapable of Having Holding or Enjoying all or any of the aforesaid Estates or Interests which such Protestant Person so Marrying shall may or ought to have at the time of such Marriage and that by such Marriage as aforesaid all and every of the said Estates and Interests belonging to such Protestant person or persons so Marrying as aforesaid shall go to and be Vested in and in Law Deémed and Esteémed to be the Right Title Estate and Interest of the next Protestant of the Kin to whom such Estate or Interest would Descend or come to by Law were such Protestant Maid or Woman and all other Intervening Popish Heirs Executors or Administrators really Dead and Intestate at the time of such Marriage and that from the time of such Marriage such next Protestant of the Kin as aforesaid to whom all or any of the said Estates or Interests shall come by such Marriage as aforesaid shall Have Hold Possess and Enjoy all and every such Estates and Interests in as Large Ample and Beneficial Manner to all intents and purposes as such Protestant Maid or Woman might Have Held Possessed or Enjoyed the same in Case this Act had never beén made and that at any time after such Protestant Maid or Woman shall Marry without such Certificate as aforesaid it shall and may be Lawful to and for such Protestant person or persons to whom all or any of the said Estates or Interests shall come by such Marriage as aforesaid by any Action at Law or other Legal means whatsoever to Sue for and Recover all or any of the said Estates or Interests as if such Protestant person or persons so Marrying as aforesaid and all other Intervening Popish Heirs Executors or Administrators were really Dead and Intestate as aforesaid and as if such person or persons who shall so Sue for and Recover all or any of such Estates or Interests were Rightfully and Legally Intituled thereto as Heir Executor or Administrator to such Protestant Maid or Woman Marrying as aforesaid such Maid or Woman being by such Marriage to be Deémed and Esteémed Dead in Law to the aforesaid Intents Constructions and Purposes And if any such Protestant Maid or Woman as aforesaid shall at any time after the First Day of January One thousand Six hundred Ninety seaven Marry any such person without such Certificate as aforesaid that then and from thenceforth such Protestant persons and such Husband as she shall so Marry as aforesaid shall for ever be Incapable of being Heir Executor Administrator or Guardian of or to any Protestant or Protestants whatsoever and in case any Protestant Woman as aforesaid is now Married to a Popish person and hath now by Law a Title or is chosen or appointed to be Guardian to any Protestant person or persons having all or any of the said Estates or Interests aforesaid that in such Case from and after the said First Day of January such Guardian shall be utterly Vncapable of being any longer so Guardian or to Receive any the Rents Issues or Profits of the said Estates or Interests of such person or persons in Guardianship as aforesaid and the Right and Title of such Guardianship shall devolve on and come to the next Protestant or Protestants of the Kin to whom the Estate of such person or persons in Guardianship as aforesaid cannot descend unless such person shall be Vncapable in Law or shall be Adjudged unfit for such Guardianship by the Court of Chancery in this Kingdom In either of which Cases such Right of Guardianship shall go to the next Protestant of Kin who shall be Capable and Fit for the Discharge of such Trust who shall take into his her or their Care and Tuition such person and persons in Guardianship as aforesaid and Receive the Rents Issues and Profits of such Estates and Interests belonging to such person or persons so in Guardianship And that in Case any Protestant Minister