[1592/4/29]¹

Against adulterers

²Forasmuch as, albeit by diverse acts and constitutions made of before, it was statute and ordained that adultery, notorious and manifest, should be punished by death, which nevertheless has not yet been put to due execution, by occasion whereof the crime of adultery daily increases and for the same a great number of married persons have been divorced for adultery committed by one of the parties, and the committer of the offence privately contracts pretended marriages of new with the said person with whom by the said sentence of divorce they are tried to have committed the fault, which is no way to be allowed by the law of God and the public honesty of the realm; and the issue and succession proceeding of the said unlawful marriages breeds many questions in the law and often tends to the great hurt, prejudice and disinheriting of the succession begotten in their former lawful marriage, which of the law of God and man ought to succeed to their inheritance, specially by women heritors who are lawfully divorced from their husbands for their own fault and offence, who after the unlawful marriage with the adulterers, have defrauded and may defraud, hurt, prejudice and disinherit their lawful succession begotten in the said lawful marriage by conveying of their heritage, tacks, steadings, rooms and possessions either to their said unlawful husband or to some other intervening person to his utility and profit, or to the succession proceeding by the said damned marriage after the divorce, which pretended marriage is rather to be accounted a continuation of their former adultery than a lawful and Christian conjunction, such as it is provided by the common laws and in all times bygone has been received in practice within this realm, that the woman being divorced from her husband through and by her own offence shall lose her tocher and all other things given to her in respect and for the cause of the said marriage, so it is provided by the common law that the woman, having committed the said offence, and being divorced on that account and marrying the person with whom she committed the offence for which the said divorce followed, shall not be able to enrich her said unlawful husband, nor the succession following upon the said unlawful marriage, which our said sovereign lord and estates of parliament, upon great and weighty considerations tending to the punishment of the said crime of adultery, have ordained to be observed and kept in all time coming within this realm; and, therefore, it is statute and ordained by our sovereign lord and estates of parliament foresaid that whensoever any woman is, or has been, divorced from her lawful spouse for her own fault and offence of adultery, and completes unlawful and pretended marriage with the same person with whom she committed the said offence, or plainly and openly dwells and resorts in company with him at bed and board, if she have any lands, heritage, tacks, rooms or possessions it shall not be lawful to her to convey, alienate and put away the same in all or in part, either to her said pretended husband and adulterer or to the succession proceeding of that pretended marriage or carnal dealing, nor to whatsoever other person or persons in prejudice and hurt of the heirs and succession procreated upon the said first lawful marriage, or failing of them of her other lawful heirs whatsoever, nor to do any deed directly nor indirectly that may hurt and prejudice them therein; and declare and ordain that the heirs and successors of her procreated in the said first lawful marriage and failing of them her other lawful heirs whatsoever, are and shall be able to succeed to her after her decease in the said lands, heritage, tacks, rooms and possessions, notwithstanding any alienation or disposition made in any time bygone or to be made hereafter in the contrary, which pretended alienations and dispositions made or to be made in manner foresaid, our said sovereign lord and his estates of parliament, decree and declare to have been and to be null from the beginning, and ordain the said nullity to be received and admitted by way of exception or reply without any process or summons of reduction as well before the lords of council and session as before the inferior judges in service of brieves and all other actions and cause wherever the same may occur, and ordain this present constitution to have full effect regarding all dispositions and alienations foresaid, if any be made since the parliament held by our sovereign lord after his perfect age of 21 years complete in the month of July 1587.