Proviso.

E. & I.

vent the lawful apprehension and detainer of the person so stabbing or cutting, or the lawful apprehension, &c. of any of his accomplices, for any offences which he may be liable by law to be apprehended, imprisoned, and detained; such offender, his counsellors, aiders, or abettors, knowing of and privy to such offence, shall be guilty of felony without benefit of clergy: Provided that if it shall appear on the trial of any person indicted for wilfully, &c. shooting at, &c. that such acts [*of stabbing or cutting] were committed under such circumstances as that if death had ensued thereon, the same would not in law amount to the crime of murder, then the person so indicted shall be acquitted. The clause of the 9 Geo. 1. c. 22. Eng. which relates to the offence of wilfully and maliciously shooting at any person, has been already stated ante p. 624. And the first branch of the 43 Geo. 3. c. 58. supra, is to be referred to the same head. The 15 & 16 Gen. 3. c. 21. s. 3. Ir. ante p. 629. 24 Geo. 3. c. 47. s. 11. Eng. ante p. 681. 45 Geo. 3. c. 121. U. K. ante p. 686. and 46 Geo. 3. c. 106. Ir. ante p. 692. are to be here also referred to.

§2. Forcible abduc- C. 2. E. & I. recites, that women, as well maidens, tion of women, a felony. as widows, and wives, having substances, some in goods 3 Hen. 7. c. 2. moveable, and some in lands and tenements, and some being heirs apparent unto their ancestors, for the lucre of such substances, be oftentimes taken by misdoers, contrary to their will, and after married to such misdoers, or to others by their assent, or defiled; and enacts, that' any person taking any woman so against her will, or procuring and abetting to the same, and also receiving wittingly the same woman so taken against her will, and knowing the same, shall be guilty of felony; and such misdoers, takers, and procurators, and receitors, knowing the said offence in form aforesaid, shall be adjudged principal felons. Provided that this act extend not to any person taking any woman, only claiming her

II. Next as to the crime of abduction: The 3 Hen. 7.

s. 2.

Proviso.

as his ward: or bond-woman. And the 39 Eliz. c. 9. 39 Eliz. c. 9. Eng, further enacts, that every person who shall be con- s. 1. Eng. victed or attainted of any offence made felony by the Benefit of cler3. Hen. 7. c. 2. supra, and stand mute, or make no direct sy taken away. answer, or shall challenge peremptorily above 20, shall suffer death, without benefit of clergy. Provided (s. 2.). that nothing herein shall take away the benefit of clergy but only from principals, or procurers or accessaries before the offence committed. The 6 Ann. c. 16. s. 7. 6 Ann. c. 16. Ir. also enacts, that if any maid or woman be taken or carried away by force against her consent, and after be Abduction ac. companied by married or defiled by such person who carried her away, marriage or deor by any other person, by his assent or procurement, filement, a capiwhether such marriage or defilement be with or without

the consent of such maid, &c. every person so marrying or defiling such maid or woman, and the aiders and procurers of such forcible taking away, &c. and all, as well principals as accessaries before such fact, shall be guilty of felony without benefit of clergy. And by s. 8.

s. 7. Ir.

tal felony.

3. 8.

s. 2. Ir.

if any person, being principal or accessary before such Principals or acoffence committed, shall be indicted and arraigned for cessaries standthe taking away of any such maid, &c. by force, against ing mule, &c. her consent, and marrying or defiling her, and upon his trial shall stand, mute, or make no direct answer, or challenge peremptorily above 20, he shall suffer death. without benefit of clergy. But the 19. Geo. 2. c. 13. 19 Geo. 2.c.13. s. 2. Ir. recites, that the said provisions of the 6. Ann. c. 16. s. 7. supra, are frustrated by the difficulty of proving Abduction, a marriage or defilement; and therefore enacts, that if though unaccompanied with any maid or woman be taken or carried away, by force, marriage or defilement, a capiagainst her consent, with intent to marry or defile such tal felony. maid, &c. contrary to the said provisions of the 6. Ann. such person so, taking or carrying away such maid, &c. with such intent, and the aiders and procurers of such forcible taking and carrying away such maid, &c. and all, as well principals as accessaries before such fact committed, shall be guilty of felony without benefit of clergy.

duction of wo

The 4 & 5 Ph. & M. c. 8. Eng. rather regards the Fraudulent abfraudulent than the forcible abduction of women.

This men of fortune under the age of statute 16 years, how punished.

4 & 5 Pir. & M. statute recites, that maidens and women-children, as c.8. s. 1, 2% 5. well such as be heirs apparent to their ancestors, as others

Eng.

8.4.

having left unto them by their father, or other ancestor and friends, lands, &c. or other great substances in goods and chattels, for their advancement in marriage, be oftentimes, unawares to their friends and kinsfolks, by flattery, trifling gifts, and fair promises of unthrifty and light persons, and by the entreaty of persons of lewd demeanor, and others that for rewards buy and sell the said maidens and children, secretly allured and won to contract matrimony with the said unthrifty and light persons, and thereupon, either with slight or force, oftentimes be taken and conveyed away from their said parents, friends, or kinsfolks; and enacts, (s. 2.) that it shall not be lawful to take or convey away (or cause, &c.) any maid or woman-child unmarried, being under the age of 16 years, out of or from the possession, custody, or government, and against the will, of the father of such maid, &c. or of such person to whom the father by his last will and testament, or by any other act in his life time, shall appoint the order, keeping, education, or governance of such maid, &c.; except such taking and conveying away as shall be done by or for such person or persons as without fraud or covın shall be the master or mistress, or guardian in socage of such maid, &c. And by s. 3. that if any person above the age of 14 years, shall unlawfully take or convey, (or cause, &c.) any maid or woman-child unmarried, being within the age of 16 years, out of or from the possession, and against the will of the father or mother of such child, or out of or from the possession, and against the will of such person as then shall happen to have, by any lawful way or means, the order, keeping, education, or governance of such maiden, &c; such offender shall suffer imprisonment for 2 years, or pay such fine as shall be assessed by the council of the queen [*in the star-chamber.] And by s. 4. if any person shall so take away, (or cause, &c.) and deflower any such maid, &c. or shall against

the rying such wo

8. 5.

Offences where

s. 6.

12 years of age,

consent, &c. her

next of kin dur

the will or unknowing of or to the father if in life, or Punishment for against the will, &c. of the mother (having the custody defiling or marof such child,) if the father be dead, by secret letters, men. messages, or otherwise, contract matrimony with any such maiden or woman-child; such offender, being lawfully convicted, shall suffer imprisonment for 5 years, [or shall pay such fine as shall be assessed in the *star- *Vide p. 912. chamber, one moiety to the king, the other to the parties grieved.] By s. 5. [the council of the *star chamber], by bill of complaint or information, and justices of assize, by inquisition or indictment, shall hear, &c. said offences, inquirable, upon which inquisitions such process shall lie as upon an indictment at common law. By s. 6. if any womanchild, or maiden, being above the age of 12 and under 16 years, consent to such person that so shall make any Iffemale above contract of matrimony, the next of kin of the same wo- and under 16, man-child or maid, to whom the inheritance should de- estate to go to scend or come after the decease of the same woman-child, ing her life. &c. shall have all such lands, &c. as such woman-child, &c. had in possession, reversion, or remainder, at the time of such consent, during the life of such person that shall so contract matrimony; and after the decease of such person contracting inatrimony, the said lands, &c. shall descend and come to such person as they should' have done in ease this act had not been made, other than to him that shall so contract matrimony. [†By s. 7. this act shall not diminish any custom or authority touching orphans within the city of London, or any other city, &c.] The 10 Car. 1. st. 3. c. 17. Ir. has followed this 10 Car. 1. st.3. statute, with such deviation only as is noted in the margin. And the 6 Ann. c. 16. Ir. further enacts, that if any per- 6 Ann. c. 16. son above the age of 14 years, by fraud, flattery, fair promises, or other indirect means, shall secretly allure, Punishment for take, and convey away, (or cause, &c.) any maid or wo-duction of feman-child, having substance in lands, tenements, or males, under 18 goods, or being heiress to her ancestor, and within the having estates, age of 18 years, out of or from the possession, custody, or governance of the father or mother of such maid, &c.

8.7.

Proviso.

c. 17. Ir.

s. 1. ir.

fraudulent ab

yeurs of age,

or

+ This clause is not in 10 Car. 1. st. 3. e. 17. Ir.

1

or out of the custody or power of the guardian of such maid, &c. against the will or father or mother of such maid, &c. or of such person who shall then have the guardianship of such maid, &c \or of such other person as shall then lawfully have the order, keeping, education, or government of such maid, &c. and shall contract matrimony with such maid, &c. with the consent of such maid, &c.; such person so taking away, or procuring to be taken away, and marrying the said maid, &c. without the consent of the parent or guardian, and if there be no parent or guardian, then of the lord chancellor, and be thereof convicted, shall suffer imprisonment for 3 years, and be adjudged incapable to have, receive, or take any use or benefit of any part of the estate, real or personal, to which such maid, &c. or any person in trust for her, at the time of such marriage, or at any time thereafter, shall be seised of, interested in, or entitled to. And by s. 2. the estate, &c. of such maid, &c. shall, upon the conviction of such person so taking away such child, how and marrying such maid, &c. be, from the time of such marriage, vested in such trustees as the lord chancellor shall appoint; subject nevertheless to such payments, charges, and demands, as the same was liable to at the time of such marriage; and upon this further trust, that such trustees, and the survivor of them, shall receive the rents, issues, and profits of said estate, and manage thie same to the best advantage during the joint lives of the persons so marrying, and, in case such woman survive her said husband, then the said trustees, &c. to pay to said woman out of the rents, &c. of such premises, such proportion thereof, during her natural life, for her maintenance, as the lord chancellor shall appoint; and also such sum of money for the maintenance and education of the children of such woman as shall be appointed as aforesaid; and upon this further trust, that the said estate, and all the profits and produce thereof, other than what shall be disposed of as aforesaid, or in payment of such debts as the same was liable to before such marriage, and other than what shall be necessarily expended in execution of said trust, shall, after the death of such woman,