Statutes of the Realm: Volume 5, 1628-80. Originally published by Great Britain Record Commission, s.l, 1819.
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WHEREAS by vertue or colour of certaine Ordinances or certaine pretended Acts or Ordinances diverse marriages since the begining of the late troubles have beene had and solemnized in some other manner then hath formerly beene used and accustomed, Now for the preventing and avoiding of all doubts and questions touching the same It is Enacted by the Kings most Excellent Majestie with the advice and assent of the Lords and Commons in Parliament assembled and by [the (fn. 2)] Authority of the same That all marriages had or solemnized in any of his Majestyes Dominions since the first day of May [in the yeare of our Lord (fn. 1)] One thousand six hundred forty and two before any Justice of Peace or reputed Justice of Peace of England or Wales or other his Majestyes Dominions and by such Justice or reputed Justice soe pronounced or declared, And all marriages within any of his Majesties Dominions since the same first day of May in the yeare of our Lord One thousand six hundred forty two had or solemnized according to the direction or true intent of any Act or Ordinance or reputed Act or Ordinance of one or both Houses of Parliament, or of any Convention sitting at Westminster under the Name Stile or Title of a Parliament or assumeing that Name Stile or Title shall be and shall be adjudged esteemed and taken to be, and to have beene of the same and noe other force and effect as if such marriages had beene had and sollemnized according to the Rites and Ceremonies established or used in the Church or Kingdome of England Any Law Custome or Usage to the contrary thereof notwithstanding.
II. Issues upon Bastardy, or Lawfulness of Marriages, to be tried by Jury.
And bee it further Enacted That where in any Suite commenced or to be commenced in any of the Courts of the common Law any issue hath beene joyned and not already tryed or determined, or shall be joyned upon the point of Bastardy or lawfulnes of marriage for or concerning the marriages had and solemnized as aforesaid, the same Issues shall be tryed by Jury of Twelve Men according to the course of Tryall of other Issues tryable by Jury at the common Law and not otherwise Any Law Statute or Usage to the contrary thereof in any wise notwithstanding.