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No. VI.

c. 10.

tions and being the third Time convict, shall forfeit all his Goods, Debts, Lands, Benefices, &c. and be imprison- 32 Hen. VIII. ed during his Life: And the Woman, if married, she shall be imprisoned during her Life; but being unmarried, she shall the first Time she is convict, forfeit all her goods, Chattels and Debts; the second Time, the Moiety of the Issues of her Lands during her Life; and the third Time, the whole Issues and Profits of all her Lands, &c. and shall be imprisoned during her life. [The stat. 31 H. 8. c. 14. and the Laws of Conviction therein mentioned being repealed by 1 Edw. 6. c. 12. this Statute is absolute.]

[No. VII.] 2 and 3 Edward VI. c. 29.-An Offender in Buggery being attainted by Confession, Verdict or Outlawry, shall suffer Death as a Felon, without Loss of Lands, Goods, or Corruption of Blood. Rep. 1 M. sess.

1. c. 1.

[No. VIII.] 4 and 5 Philip and Mary, c. 8.-An Act for the Punishment of such as shall take away Maydens that be Inheritors, being within the Age of sixteen Years, or that marry them without Consent of their Parents.*

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WHERE maidens and women children of noblemen, gentlemen and others, as well such as be heirs apparent to their ancestors, as others, having left unto them by their father, or other ancestor and friends, lands, tenements and hereditaments, or other great substances in goods and 'chattels moveable, for and to the intent to advance them in marriage, somewhat like according to their degrees, as might be most for their surety and comfort, as well for themselves as of all other their friends ' and kinsfolks, be oftentimes unaware to their said friends or kinsfolks,

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Punishment of such as take by flattery, trifling gifts and fair promises, of many unthrifty and light away maidens, personages, and thereto by the intreaty of persons of lewd demeanour, &c. within sixand others that for rewards buy and sell the said maidens and children, teen years of 'secretly allured and won to contract matrimony with the said unthrifty age, &c. ' and light personages, and thereupon either with sleight or force often'times be taken and conveyed away from their said parents, friends or

* The Irish Statute, 6 Anne, c. 16, subjects persons alluring, &c., and marrying, any female having substance, or being heiress, &c., within the age of eighteen years, to imprisonment for three years, and provides that the offender shall be incapable of taking any benefit from the estate, real or personal, of such female. The Act contains provisions for the management of the estate during the marriage, and for the allowing the woman a maintenance out of the income in case she survives, and also for the maintenance of the children, as shall be appointed by the Lord Chancellor; and directs that, after the death of the woman, the estate shall go to such person as the same would have done if the Act had not been made. By the same Act, females persuading the son of any person having lands of the yearly value of 50l., or personal estate of the value of 500., or persuading the son of any person deceased, to contract matrimony, without the consent of

parents or guardians, in case such matrimony be had before such son attain his age of twenty-one years, are disabled from demanding dower, or jointure, or other provision, out of the real or personal estate of such son, made to or in trust for her, by any deed, will, or other settlement. Accessaries, procurers, &c. to be imprisoned three years. Any clergyman celebrating the marriage to be deprived of all his livings, to be incapable of any spiritual preferment, and transported in like manner as foreign regulars. And by 9 Geo. II. c. 11. persons of full age, marrying or contracting to marry persons under the age of twenty-one, without the consent of the father, guardian, or Lord Chancellor, are to forfeit 500l., if the estate of the person married be of the value of 10,000l., and 2001. if under that sum, to be recovered by popular action, and to suffer a year's imprisonment, See 2 Gabbett, 913, 916.

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No. VIII.kinsfolks, to the high displeasure of Almighty God, disparagement of the 4 & 5 Philip said children, and the extreem continual heaviness of all their friends: 'which ungodly dealing, for lack of wholesome laws to the redress thereof, ' remaineth a great, familiar and common mischief in this our common'wealth :'

and Mary. c. 8.

The penalty for taking a maid under xvi. years of age.

The penalty for taking away, deflowering or contracting matrimony with a woman under xvi. years of age.

II. For remedy whereof, be it enacted by the King and Queen's Majesties, the Lords Spiritual and Temporal, and the Commons, of this present parliament assembled, and by the authority of the same, That it shall not be lawful to any person or persons to take or convey away, or cause to be taken or conveyed away, any maid or woman child unmarried, being under the age of sixteen years, out of or from the possession, custody or governance, and against the will (1) of the father (2) of such maid or woman child, or of such person or persons to whom the father of such maid or woman child, by his last will and testament, or by any other act in his life-time, hath or shall appoint, assign, bequeath, give or grant the order, keeping, education or governance of such maid or woman child, except such taking and conveying away as shall be had, made or done, by or for such person or persons, as without fraud or covin be or then shall be the master or mistress of such maid or woman child, or the guardian in socage, or guardian in chivalry, of or to such maid or woman child.

III. And be it further enacted by the authority aforesaid, That if any person or persons above the age of xiv. years shall from and after the first day of April next coming, unlawfully take or convey, or cause to be taken or conveyed, any maid or woman child unmarried, being within the age of xvi. years, out of or from the possession and against the will, of the father or mother (3) of such child, or out of or from the possession and against the will of such person or persons as then shall happen to have, by any lawful ways or means, the order, keeping, education or governance (4) of any` such maiden or woman child; that then every such person and persons so offending, being thereof lawfully attainted or convicted by the order and due course of the laws of this realm (other than such of whom such person taken away shall hold any lands or tenements by knight's service) shall have and suffer imprisonment of his or their bodies, by the space of two whole years, without bail or mainprise, or else shall pay such fine for his or their said offence, as shall be assessed by the council of the Queen's highness, her heirs or successors, in the Star-Chamber (5) at Westminster.

IV. And be it further enacted by the authority aforesaid, That if any person or persons, after the said day, shall so take away, or cause to be taken away as is aforesaid, and deflower any such maid or woman child as is aforesaid, or shall against the will, or unknowing of or to the father of any such maid or woman child, if the father be in life, or against the will or unknowing of the mother of any such maid or woman child (having the custody or governance of such child, if the father be dead) by secret letters, messuages, or otherwise contract matrimony with any such maiden or woman child, except such contracts of matrimony as shall be made by the consent of such person or persons, as by the title of wardship shall then have or be intituled to have the marriage of such maid or woman child;

(1) If the father once agreed, though he afterwards dissented, it is said to be an assent within this Act; Culthorp v. Axtel, 3 Mod, 84; but this was not the point in judgment,

(2) The putative father of a bastard is within the Act; R. v. Bamforth, 2 Str. 1162; R. v. Sweeting, 1 East, ch. xi. § 6.

(3 The mother retains her authority notwithstanding her marriage to a second husband; and the assent of such husband is not material; Ratcliffe's case, 3 Co. 39. b.

(4) The mother placed her daughter with Lady Gore for safe custody, who caused her own son to marry the girl without her mother's consent. Lord C. J. Herbert observed, that

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the Statute was made to prevent children from being seduced from their parents or guardians by flattering or enticing words, promises, or gifts, and married in a secret way to their disparagement; but that no such thing appeared in this case; the marriage being openly solemnized in church, in a canonical hour, in the presence of many per sons; and the plaintiff, who sued on the forfeitures of the Act, was nonsuited; Hicks v. Gore, 3 Mod. 84. See observations on this case, 1 East, P. C. ch. xi. §7.

(5) The King's Bench has jurisdiction of this offence; the Statute not containing any Begative words; Moor's case, 2 Mod. 128,

that then every such person or persons so offending, being thereof lawfully No. VIII.

convicted, as is aforesaid, shall suffer imprisonment of his or their bodies, 4

by the space of five years, without bail or mainprise, or else shall pay such fine for his or their said offence, as shall be assessed by the said council in the said Star-Chamber; the one moiety of all which forfeitures and fines shall be to the King and Queen's majesties, her heirs and successors, the other moiety to the parties grieved.

& 5 Philip and Mary.

c. 8.

aforesaid.

V. And be it further enacted by the said authority, That the King and Who may hear Queen's highness' honourable council of the Star-Chamber, by bill of com- and determine plaint or information, and justices of assize by inquisition or indictment, the offences shall have authority by virtue of this Act to hear and determine the said offences; upon every which indictment and inquisitions, such process shall be awarded and lie, as upon an indictment of trespass at the common law.

VI. And further be it enacted by the authority aforesaid, That if any The forfeiture woman child or maiden, being above the age of twelve years, and under of a woman the age of sixteen years, do at any time consent or agree to such person consenting to that so shall make any contract of matrimony, contrary to the form and an unlawful effect of this Statute, that then the next of the kin of the same woman contract. child or maid, to whom the inheritance should descend, return or come, after the decease of the same woman child and maid, shall from the time of such assent and agreement have, hold and enjoy all such lands, tenements and hereditaments, as the same woman child and maiden had in possession, reversion or remainder, at the time of such consent and agreement, during the life of such person that shall so contract matrimony: And after the decease of such person so contracting matrimony, that then the said lands, tenements and hereditaments, shall descend, revert, remain, and come to such person or persons as they should have done in case this Act had never been had, ne made, other than to him only that so shall contract matrimony.

VII. Provided always, and be it enacted, That this Act, nor any thing Orders for ortherein contained, shall extend to take away or diminish any liberty, cus- phans. tom or authority, touching or concerning any orphan or orphans, which now be or hereafter shall be within the city of London, or any other city, borough or town, where orphans are commonly used to be provided for, either by grant or by custom, but that the Lord Mayor of the said city of London, and the Aldermen of the same for the time being, and all and every other head officer or officers of any other city borough or town, where such orphans be provided for, shall and may have and take like rule, order, keeping and charge of such orphan and orphans, and of all their lands, tenements, goods and chattels, as heretofore they or any of them lawfully had or used, or lawfully might have had and used, if this Act had not been made.

[No. IX.] 5 Elizabeth, c. 17.-An Act for the Funishment of the Vice of Buggery.

WHERE in the parliament begun at London the third day of November

No. IX.

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in the one and twentieth year of the late King of most famous me- 5 Elizabeth, mory, King Henry the Eighth, and after by prorogation holden at West'minister in the five and twentieth year of the reign of the said late King,

c. 17.

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there was one Act and Statute made, intituled, An Act for the punishment of the vice of Buggery, whereby the said detestable vice was made The Statute of felony, as in the said Estatute more at large it doth and may appear; For- 25 H. 3. c. 6. whereby the asmuch as the said Statute concerning the punishment of the said crime committing of and offence of Buggery standeth at this present repealed and void by vir- buggery with 'tue of the Statute of Repeal made in the first year of the reign of the mankind or 'late Queen Mary: (1) Sithence which repeal so had and made, divers beast is made felony, revived. 1 M. Sess. 1. c. 1.

(1) The Act referred to repeals all Statutes rendering any offence felony, and all pains and forfeitures concerning the same, made

since the first year of Henry VIII. See Class II. No. 21.

No. IX.

6 Elizabeth, c. 17.

No. X.

c. 7.

evil disposed persons have been the more bold to commit the said most 'horrible and detestable vice of Buggery aforesaid, to the high displeasure ' of Almighty God;'

II. Be it enacted, ordained, and established by the Queen our Sovereign Lady, and by the assent of the Lords Spiritual and Temporal, and the Commons, in this present Parliament assembled, and by the authority of the same, That the said statute before-mentioned made in the five and twentieth year of the said late King Henry the Eighth, for the punishment of the said detestable vice of buggery, and every branch, clause, article, and sentence therein contained, shall from and after the first of June next coming be revived, and from thenceforth shall stand, remain, and be in full force, strength, and effect for ever, in such manner, form, and condition, as the same statute was at the day of the death of the said late King Henry the Eighth; the said statute of repeal made in the said first year of the said late Queen Mary, or any words general or special therein contained, or any other Act or Acts, thing or things, to the contrary notwithstanding. 2 and 3 Ed. 6. c. 29. Coke 391.

[No. X.] 18 Elizabeth, c. 7.—An Act to take away Clergy from the Offenders in Rape or Burglary, and an Order for the Delivery of Clerks convict without Purgation. FOR the repressing of the most wicked and felonious rapes or ravishments of women, maids, wives, and damosels, and of felonious bur18 Elizab. glaries, and for the avoiding of sundry perjuries and other abuses, in and about the purgation of clerks convict delivered to the ordinaries, Be it enacted and ordained by the authority of this present Parliament, That if any person or persons shall fortune at any time after the first day of June now next ensuing, to commit or do any manner of felonious rape, ravishment or burglary, and to be found guilty by virtue of any such rape or burglary, or that any person or persons shall fortune to be outlawed for any the offences aforesaid, or upon his or their arraignment shall confess any such felonious rape or burglary; That in every such case, every person and persons so being found guilty, outlawed or confessing any of the said felonious rapes or burglaries, shall suffer pains of death, and forfeit as in cases of felony hath been used and accustomed by the common laws of this realm, without any allowance of the privilege or benefit of clergy; any law, custom or usage heretofore had, made or used to the contrary notwithstanding.

None shall have clergy that committeth rape or burglary.

No man allowed his clergy

shall be committed to the ordinary, but presently delivered.

The justices may retain of fenders in prison for a time.

To know a wo

man carnally under the age of ten years shall be felony.

II. And, moreover, Be it further enacted by the authority aforesaid, That every person and persons, which at any time after the end of this present Session of Parliament shall be admitted and allowed to have the benefit or privilege of his or their clergy, shall not thereupon be delivered to the ordinary as hath been accustomed, but after such clergy allowed, and burning in the hand, according to the statute in that behalf provided, shall forthwith be enlarged and delivered out of prison by the justices before whom such clergy shall be granted, that cause notwithstanding.

III. Provided nevertheless, and be it also enacted by the authority aforesaid, That the justices before whom any such allowance of clergy shall be had, shall and may for the further correction of such persons to whom such clergy shall be allowed, detain and keep them in prison for such convenient time as the same justices in their discretions shall think convenient, so as the same do not exceed one year's imprisonment; any law or usage heretofore had or used to the contrary in any wise notwithstanding.

IV. And for the plain declaration of law, Be it enacted, That if any person shall unlawfully and carnally know and abuse any woman-child under the age of ten years, every such unlawful and carnal knowledge shall be felony, and the offender thereof being duly convicted shall suffer as a felon without allowance of clergy (1).

(1) By the Irish statute, 9 Anne, c. 6. § 2. a carnal knowledge of a female under the

age of twelve years, although with her consent, is a capital felony. And by 23 Geo. II.

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V. Provided always, That all and every person and persons, which shall hereafter be admitted to have the benefit of his or their clergy, shall notwithstanding his or their admission to the same, be put to answer to all their felonies whereof he or they shall be hereafter indicted or appealed, and not being thereof before acquitted, convicted, attainted or pardoned, and shall in such manner and form be arraigned, tried, adjudged, and suffer such execution for the same, as he or they should have done, if, as clerk or clerks convict, they had been delivered to the ordinary, and there had made his or their purgations; any thing in this Act contained to the contrary notwithstanding.

c. 11. (Irish) any schoolmaster of any charter or charity school, who shall have carnal knowledge of any female above the age of twelve years, under his care; or any school

No. X.

18 Elizab. c. 7.

He that is allowed his clergy shall

answer to other felonies.

master or mistress who shall consent or be privy to any other person so doing, are to be three times publicly whipped.

[No. XI.] 39 Elizabeth, c. 9.-An Act for taking away of Clergy from Offenders against a certain Statute made in the Third Year of the Reign of King Henry the Seventh, concerning the taking away of Women against their Wills unlawfully.

No. XI.

39 Elizab.

c. 9.

He that taketh

away a woman against her will that hath

lands or goods, or is heir apparent to her ancestors, shall lose his clergy.

WHEREAS of late times divers women, as well maidens as widows and wives, having substance, some in goods moveable, and some in lands and tenements, and some being heirs apparent to their ancestors for the lucre of such substance been oftentimes taken by misdoers, contrary to 'their will, and afterward married to such misdoers, or to others by their assent, or defiled, to the great displeasure of God, and contrary to your Highness's laws, and disparagement of the said women, and great heaviness and discomfort of their friends, and ill example of others; which ' offences albeit the same be made felony by a certain Act of Parliament made in the third year of the reign of King Henry the Seventh, yet forasmuch as clergy hath been heretofore allowed to such offenders, divers persons have attempted and committed the said offences, in hope of life by the benefit of clergy; Be it therefore enacted by the Queen's most 'excellent Majesty, the Lords Spiritual and Temporal, and the Commons, in 3 H. 7. c. 2. this present Parliament assembled, and by the authority of the same, That all and every such person and persons, as at any time after the end of this present Session of Parliament shall be convicted or attainted of or for any offence to be committed after the end of this present Session of Parliament, made felony by the said Act of the third year of the reign of King Henry the Seventh, or which shall be indicted and arraigned of or for any such offence, and stand mute, or make no direct answer, or shall challenge peremptorily above the number of twenty, shall in every such case lose his and their benefit of clergy, and shall suffer pains of death without any benefit of clergy: any former law to the contrary notwithstanding.

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3 H. 7. c. 8.

II. Provided always that this Act, nor any thing therein contained, Principals, shall not extend to take away the benefit of clergy, but only from such procurers, or person and persons as hereafter shall be principals, or procurers or acces- accessaries besaries before such offence committed (1). fore the offence.

(1) See notes on 3 Hen. VII. suprà in this Class.-Q. Whether the receiving the woman after the fact done (which is made a principal felony by 3 Hen. VII.) is by this Act ousted of clergy. Semble not. Šee 1 East, ch. xi. § 2.

The Irish stat. 9 Anne, c. 16, § 7, makes a similar provision for the offence mentioned in

this statute, expressly mentioning whether the marriage or defilement be with or without consent: and by 19 Geo. II. c. 13. (Irish) the taking by force with intent to marry or defile, although no marriage or defilement takes place, is also a capital felony. See 2. Gab. 911.

[No. XII.] 1 James I. c. 11.-An Act to restrain all Per

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