Marriage Act 1540
(32 Hen. 8) C A P. XXXVIII.
'WHEREAS heretofore the usurped Power of the Bishop ofRome hath always intangled and troubled the meer Jurisdiction and regal Power of this Realm of England , and also unquieted much the Subjects of the same, by his usurped Powerin them, as by making that unlawful which by God's Word is lawful, both in Marriages and other Things, as hereafter shall appear more at length, and till now of late in our Sovereign Lord's Time, which is otherwise by Learning taught than his Predecessors in Times past of long Time have been, hath so continued the same, whereof yet some Sparks be left, which hereafter might kindle a greater Fire, and so remaining, his Power not to seem utterly extinct:
II The Enormity of avoiding Marriages by Precontracts.
'II. Therefore it is thought most convenient to the King's Highness, his Lords Spiritual and Temporal, with the Commons of this Realm, assembled in this present Parliament, That two Things specially for this Time be with Diligence provided for, whereby many Inconveniencies have ensued, and many mo else mought ensue and follow: (2)as where heretofore divers and many Persons, after long Continuance together in Matrimony, without any Allegation of either of the Parties, or any other at their Marriage, why the same Matrimony should not be good, just and lawful, and after the same Matrimony solemnized and consummate by carnal Knowledge, and also sometime Fruit of Children ensued of the same Marriage, have nevertheless, by an unjust Law of the Bishop ofRome , which is, That upon Pretence of a former Contract made, and not consummate by carnal Copulation (for Proof whereof two Witnesses by that Law were only required) been divorced and separate, contrary to God's Law, and so the true Matrimony, both solemnized in the Face of the Church, and consummate with bodily Knowledge, and confirmed also with the Fruit of Children had between them, clearly frustrate and dissolved: (3)Further also, by reason of other Prohibitions shall God's Law admitteth, for their Lucre by that Court invented, the Dispensations whereof they always reserved to themselves, as in Kindred or Affinity between Cousin-Germanes, and so to fourth and fourth Degree, carnal Knowledge of any of the same Kin, or Affinity before in such outward Degrees, which...
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