ERRATA. Vol. 9. P. 195. 1. 23, 4. for" in either cafe" read "if there were no neceffity for "going there, or staying there fo long for provisions.” Vol. 11. p. 48. laft line, for " Rule abfolute" read "Rule refufed." p. 273. 3 lines from the bottom, for "affidavits" read "Rules." p. 336. for “ deed Roll” road “ deed poll.” CASES ARGUED AND DETERMINED ' IN THE Court of KING's BENCH, IN Eafter Term, In the Forty-ninth Year of the Reign of GEORGE III. 1800. PRIESTLY, and MARY his Wife, against JANE UPON PON a bill filed, which came on to be heard before the Master of the Rolls, wherein it appeared that the plaintiff Mary claimed certain eftates of confiderable value in the counties of Merioneth and Carnarvon, as heiress at law of one Zacheus Hughes, who had an only son John Wynne Hughes, who died in the lifetime of his father; the principal question turned upon the validity of that fon's marriage, whose lawful iffue the defendant Jane Wynne Hughes claimed to be; and his Honor directed the following cafe to be made for the opinion of this Court. All marriages, whether of legi timate or illegi timate children, are within the general provihons of the marriage act 26 G. 2. c. 33. which requires all marriages to be by binns or licence and by three Judges a marriage of an illegitimate minor had by licence with the con fent of her me ther is void by the ith fec tion; the words father and mother in that fection meaning legitimate parents: by one Judge it is cafus omiffus in the act, and the marriage good. VOL. XI. B On 1809. PRIESTLY against HUGHES. On the 9th of September 1792 a marriage was folemnized in the parish church of Denis in the county of Carnarvon between John Wynne Hughes, then above the age of 21 years, and Jane Hughes (one of the defendants} then an infant of the age of 16 years, the illegitimate child of one Jane Roberts, fingle woman, by Thomas Jones, who died feveral years before the faid marriage. The marriage was had by licence, and without the publication of banns, but the licence was obtained and the marriage had with the confent of Jane Roberts, but without the confent of any guardian of the perfon of Jane Hughes appointed by the Court of Chancery. After the marriage John Wynne Hughes and Jane Hughes had iffue the defendant, Jane Wynne Hughes, and no other child. On the 30th of January 1795 John Wynne Hughes died; and on the 10th of February 1796 Zacheus Hughes, the father of John Wynne Hughes, died inteftate, and seised in fee of certain real estates. The question was, whether the marriage between John Wynne Hughes and Jane Hughes the mother, on the 9th of September 1792, in manner aforesaid, were a good and lawful marriage, to entitle Jane Wynne Hughes to fucceed as heir to the real estates of which Zacheus Hughes died feifed; or whether fuch marriage were not void by the marriage act 26 Geo. 2. c. 33. This cafe was first argued in Eafter term 48 Geo. 3. by Owen for the plaintiffs, and Williams Serjt. for the defendants; and again in Hilary term laft by Lens Serjt. for the plaintiffs, and The Attorney General for the defendants. The ftat. 26 Geo. 2. c. 33. for better preventing of clandeftine marriages, prefcribes (f. 1.) the manner and place in which banns of matrimony fhall be published, and and enacts," that all other the rules prefcribed by the "rubrick concerning the publication of banns, and the "folemnization of matrimony, and not hereby altered, "hall be duly obferved." Sect. 3. provides that no minifter fhall be punishable for folemnizing marriages of infants" without confent of parents or guardians, whose "confent is required by law, unless he fhall have notice " of the diffent of such parents or guardians;" and fuch diffent publicly declared at the time in the church where the banns are published fhall avoid them. Sect. 4. regulates the granting of licences of marriage by any Ordinary or other person having authority to grant them. And fect. 6. faves the right of the Archbishop of Canterbury to grant fpecial licences. Sect. 8. enacts that "all mar"riages folemnized in any other place than a church or "fuch public chapel, unless by fpecial licence as afore"faid, or that fhall be folemnized without publication of "banns or licence of marriage from a perfon having authority to grant the fame first had, shall be null and "void to all intents and purposes whatsoever." And then fect. 11. (on which the question turned) enacts, "that all marriages folemnized by licence, where either "of the parties (not being a widower or widow) shall be "under the age of 21 years, which shall be had without "the confent of the father of fuch of the parties fo under age, (if then living), firft had and obtained; or, if "dead, of the guardian or guardians lawfully appointed, or one of them; and in cafe there fhall be no fuch "guardian or guardians, then of the mother, if living "and unmarried; or if there fhall be no mother living "and unmarried, then of a guardian of the perfon ap"pointed by the Court of Chancery; fhall be abfolutely " null and void to all intents and purposes whatsoever." Sect. B 2 1809. PRIESTLY againft HUGHES. |