January 1651: An Act Enabling the Lords Commissioners for Custody of the Great Seal of England, to issue Commissions of Delegates in Cases of pretended Marriages.

January, 1651

[10 January, 1650/1.]

Jane Puckering seized in Greenwich; Commission under the Great Seal to hear and determine the business.

Whereas the Parliament hath been enformed, that Jane Puckering (Daughter and Heir of Sir Thomas Puckering Knight and Baronet, deceased) was against her will, seized upon in Greenwich-Park, and carried over Sea to Dunkirk and Newport, and other parts in Flanders, by Joseph Walsh and his Agents and Complices; and words wrested from her by the said Walsh and his Agents, by Threats and Menaces by him and them wickedly used to her while she was in their power; upon pretence and colour whereof, the said Walsh did publish in Flanders and elsewhere, that he was married to the said Jane, and that she was his Wife, to her extream Damage and Hindrance: The Parliament being willing that the whole matter be duly examined, and Right done according to the Truth and Merit of the Case, Do Enact, and be it Enacted by this present Parliament, That the Lords Commissioners for the Great Seal of England for the time being, shall and may, and are hereby Enabled to grant one or more Commissions under the Great Seal, to such discreet and able persons as they shall think fit; which said Commissioners, or any three or more of them, shall have full Power and Authority to send out Summons to convene the said Joseph Walsh, and such others as they shall finde meet, before them, at the suit of the said Jane Puckering; and to proceed against him as well in case he or they shall make default being duly summoned, as where he or they shall appear; and admit the Libels, Allegations and Proofs upon Oath upon the Merits of the said cause on behalf of the said Jane Puckering; And upon consideration thereof, and of the Allegations, Defences, Pleadings and Proofs upon Oath of the said Joseph Walsh, if he shall appear, and think fit to alledge or plead, or make any Proofs on his behalf; or otherwise upon his not appearing, withdrawing, or not pleading, then in his default to assign the Cause to Sentence and Judgment; And upon full and deliberate weighing of the whole Matter, and what Proofs shall be made in the said Cause, to Hear, and definitively to Adjudge, Sentence, and Determine the same, for the Annulling and making void the said pretended Marriage, as the Right in that case shall require, and to give their final Sentence and Judgement upon the premises.

Commissions to be granted in other Cases.

And be it further Enacted, That if any Woman hath been or shall be by force seized on or carried away against her will, or hath or shall have words wrested from her, either in this Nation or beyond the Seas, whereupon a Marriage with any person is or shall be pretended; in all such cases, upon complaint made to the Lords Commissioners for the Great Seal of England for the time being, on behalf of such Woman, the said Lords Commissioners shall and may, and are hereby authorized and required to grant like Commissions to such discreet and able persons as they shall think fit to appoint, to send out Summons, and convene the persons before them: And whether the Defendants appear, or withdraw themselves and stand in contempt, to proceed and admit the Libels Allegations and Proofs upon Oath upon the Merits of the Cause on behalf of such Woman; and to bear, and definitively determine the said matter, either for the affirming, or annulling and making void the said pretended Marriage, as the right in that case shall require, and to give their final Sentence and Judgement thereupon.

3 H. 7. and 39 Eliz. not altered by this Act.

Provided, That this Act shall not extend to the diminishing or alteration of the Statutes of 3 Hen. 7 Entituled, The Penalty of carrying a Woman away against her will that hath lands or Goods; or of the Statute of 39 Eliz. Entituled, He that taketh away a Woman against her will that hath Lands or Goods, or is Heir Apparent to her Ancestors, shall lose his Clergy; or to any other Act or Law now in being for the punishment of such offender or offenders; but they and every of them be and remain in full force and effect, to all intents and purposes against him or them, as if this Act had never been made.