The Curious Incident of the Marriage Act (No. 2) 1537 and the Irish Statute Book

Abstract

During the 1530s Henry remarried twice, each time annulling his previous marriage. The English laws outlining the prohibited degrees of relationship for marriage were changed upon each marriage in the First and Second Succession Acts. These Acts were passed in Ireland by an Irish Parliament in 1536-37 and became part of the Irish Statute Book. However, the Act regulating Henry VIII’s marriage to Queen Jane (the Marriage Act (No 2) 1537) was never published and was unknown to Irish law for centuries. The Act made its return onto the Irish Statute Book in 2007. This article traces the fate of the lost Act and analyses the consequences of its rediscovery both on Irish marriage law and the legitimacy of the Irish Statute book.

Keywords: Marriage Law, Ireland, Prohibited Degrees, Statute Book, Legal History