recites that "many great and grievous mischeifes have arisen and dayly doe arise by clandestine and secret marriages to the utter ruin of many heirs and heiresses," and that "the laws now in force ... do inflict too small a punishment for so heinous and great an offence." The minister guilty of violating the provision for banns or license, which is re-enacted, is to suffer imprisonment "for one whole year without bayle or mainprize and shall forfeitt and pay the sume of five hundred pounds currant money, one moyety thereof to our sovereign lord the king, ... and the other moyety to him or them that shall sue or informe for the same." No licenses are to be granted without a certificate from the clerk of the county court; and the certificate may not be issued by the clerk without the consent of the parent or guardian given in person or by writing attested by two witnesses, under penalty of a year's imprisonment and the payment of a fine of five hundred pounds current money. The clause of the preceding act making the issue of irregular marriages illegitimate is not repeated in this act or subsequently--an admission, seemingly, that the provision was originally null and void. But a female between the ages of twelve and sixteen contracting such a marriage forfeits during coverture her inheritance to the next of kin. After the death of her husband the inheritance reverts to her or those who should have claimed "in case this act had never been made."[709] This clause was retained in subsequent legislation.[710] By the act of 1705 still more careful provision is made for license and certificate; and if any minister, contrary to the spirit of the law, shall "go out of this her majesty's colony and dominion" and there join in matrimony "persons belonging to this country," without license or publication, he is to suffer the same penalty as if the offense had been done in the province.[711] [Footnote 706: _Ibid._, 433. By the act of 1646 the penalty for celebration without license or banns was 1,000 pounds of tobacco: _ibid._, 332.] [Footnote 707: _Ibid._, II, 49-51. By the law of 1788 the issue of even "incestuous" marriages are made legitimate: _ibid._, XII, 689.] [Footnote 708: See chap. xiv, i, _b_), below.] [Footnote 709: HENING, _Statutes_, III, 149-51.] [Footnote 710: See the act of 1705, _ibid._, 443, 444; and that of 1748, _ibid._, VI, 83.] [Footnote 711: _Ibid._, III, 441, 442.]