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Excerpt from Observations on the Prohibition of Marriage in Certain Cases of Relationship by Affinity
Act of 28 Henry VIII. C. 7. Which was repealed by 1 Mary, c. L. Was that which related to the King's first marriage and the illegitimacy of Queen Mary, and the part of it which related to the prohibited degrees of Marriage remained in force till it was repealed by l and 2 Philip and Mary, c. 8. 17. This latter part of the Statute of 28 Henry VIII. 0. 7. Is said by Chief Justice Vaughan (hill v. Good, 324, 325) to have been revived by Eliz. C. 1. But this appears to be a mistake, and we believe that no lawyer of the present day considers that any part of the above-mentioned Statute is in force. The next Act relative to the prohibition of Marriage, within certain degrees, was that of the 32 Henry VIII. C. 38. Intituled, An Act concerning Pre-contracts of Marriage, and touching degrees of Consanguinity. The part of this Statute, which related to Pre-contracts of Marriage, was repealed by 2 and 3 Edw. VI. C. And the entire Act was repealed by l and 2 Philip and Mary, c. 8. That part of the Stat. Of 32 Henry VIII. Which related to the prohibited degrees of Marriage was revived.
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