spinster, a woman child under the age of ten years, to wit, of the age of nine years and upwards, feloniously did make an assault, and her the said E. F. then and there wickedly, unlawfully, and feloniously, did carnally know and abuse, against the form of the statute, &c. and against the peace, &c.

71. Indictment of felony for taking a woman having substance, &c. against her will, under the stat. 3 H. 7.c. 2 (q).

(Commencement as in pr. 1 (r).) In and upon one M. W. spinster, then and yet being under the age of fourteen years, and a maid, and only daughter and heir of P. W. esquire, then lately deceased, she the said M. W. then and there having substance (s) in moveable goods to the value of one thousand pounds, of lawful money of Great Britain, and in lauds and tenements to the value of fifteen hundred pounds by the year, of like lawful money, did make an assault, and her the said M. then and there did put in great danger of her life, and her the said M. with force and arms, at the parish aforesaid, in the county aforesaid, unlawfully, feloniously, and against the will of her the said M. violently did take, force, and convey away, with intention that he the said A. B. for lucre (t), and the sake of such her substance, feloniously should marry, and have the said M. to wife; and that the said A. B. afterwards, to wit, on, &c. by the assent, procurement, and abetment of the said A. M., J. J., and C. the wife of F. C. late of, &c. gentleman, and W. C. late of

lawfully and carnally know
and abuse any woman child
under the age of ten years.
. Mr. East, E. P. C. 448. is
of opinion that the word ravish
ought to be omitted, because
the crime is created by stat.
18 Eliz.; but that stat. ap-
pears, from its terms, to be de-
claratory of the law, affirming
that it extended to that parti-
cular case, and if so the aver-
ment is essential.

(9) This is essential, 1 Haw, 660. 1 Haw. c. 42. s. 34.

was

must

(r) As to the venue, see p. 2. (s) The indictment either allege that the female an heiress, or that she had substance in goods and moveables, or in lands and tenements. 1 Hale, 660. 1-Haw. c. 42. s. 34. 3 Ins. 61.

(t) This allegation does not appear to be essential, but Ld. Hale says it is safest to use these words, see p. 167. n. (f).

the same parish and county, clerk, with force and arms, at, &c. feloniously, and for lucre of the said substance of the said W. M. did marry (x), and had the said W. M. to wife, against the form of the statute, &c. and against the peace, &c. And the jurors aforesaid, upon their oath aforesaid, do further present, that the said A. M., J. J., C., the wife of F. C. and W. C. on the said fourteenth day of November, in the year aforesaid, at, &c. in the county of, with force and arms, knowingly and feloniously were assisting, aiding, procuring, assenting, abetting, and maintaining the aforesaid A. B. in doing and committing the felony aforesaid, against the form of the statute, &c. and against the peace (y), &c.

(x) It must either be alleged that she was married to the defendant or to some one by his procurement, or that she was defiled. 1 Hale, 660. 3 Ins. 61.

as

(y) By stat. 3 Hen. 7. c. 2. (reciting, where women, well maidens as widows and wives, having substances, some in goods moveable, and soine in lands and tenements, and some being heirs apparent unto their ancestors, for the lucre of such substances been oftentimes taken by mis-doers, contrary to their will, and after married to such mis-doers, or to other by their assent, or defoiled, to the great displeasure of God, and contrary to the king's laws, and disparagements of the said women, and utter heaviness and discomfort of their friends, and to the evil ensample of all others;) it is therefore ordained, established, and enacted, that what person or persons from henceforth that taketh any woman so against her will unlawfully, that is to

say, maid, widow, or wife, that such taking, procuring, and abetting the same, and also receiving wittingly the same woman so taken against her will, and knowing the same, be felony; and that such mis-doers, takers, and procurators to the same, and receitors, knowing the said offence in form aforesaid, be henceforth reputed and judged as principals: provided alway, that this act extend not to any person taking any woman, only claiming her as his ward or bond-woman.

By stat. 39 Eliz. c. 9. s. 1. clergy is taken away from persons who shall offend against the above statute.

This act of Elizabeth extends only to those who shall be principals or procurors, or accessories before such offence committed, s. 2.

By stat. 4 & 5 Ph. & M. c. 8. s. 3. if any person, above the age of fourteen years, shall unlawfully take or convey, cause to be taken or conveyed, any maid or woman child un

or

72. Indictment for having two wives at one and the same time, against the stat. 1 J. 1. c. 11 (z).

(Commencement as in pr. 1.) At the parish of N. (a), in the county of M. (b), did marry one C. D. spinster, and her the said C. D. then and there had for his wife; and that the said A. B. afterwards, to wit, on, &c. with force and arms, at the parish of S. M. in the said county of M. feloniously did marry and take to wife oue

E. F. spinster, and to the said E. F. was then and there married the said C. D. his former wife, being (c) then living and in full life) against the form, &c. and against the peace, &c. And the jurors aforesaid, upon their oath aforesaid, do further present, that the said A. B. afterwards, to wit, on (d) the first day of September, in the year last aforesaid, was apprehended and taken in the said parish of in the county of

73. Indictment for having two husbands at one and same time.

That Elizabeth, the wife of A. J. H. late of

on, &c. being then married, and then the wife of the said A. J. H. with force and arms, at, &c. did feloniously marry and take to husband E. P. duke of (the said A. J. H. her husband, being then alive,) against the form, &c. and against the peace, &c. And the jurors aforesaid, upon their oath aforesaid, do further present, That the said Elizabeth heretofore, to wit, on, &c. at, &c. by the name of Elizabeth C. did marry the said A. J. H. and him the said A. J. H. tl and there had for her husband; and that she the said Elizabeth, being married, and the wife of the said A. J. H afterwards, to wit, on, &c. with force and arms, at &c. feloniously did marry and take to husband the said E. P. (the said A. J. H. her husband, being then alive) against the form, &c. and against the peace, &c.

74. An indictment for sodomy (e).

(Commencement as in pr. 1.) In and upon one T. L. then and there being, feloniously did make an assault, and then and there feloniously, wickedly, diabolically, and against the order of nature, had a venereal affair with the said T. L. and then and there carnally knew the said T. L. and then and there feloniously, wickedly, and diabolically, and against the order of nature, with the said

(c) See

p. 62.

(d) See p. 11. and p. 412. note (b).

(e) By the stat. 25 H. 8. c.

6. 5 Eliz. 17. and 3 & 4 W. & M. c. 9. s. 2. this offence is made felony without benefit of clergy.

T. L. did commit and perpetrate that detestable and abominable crime of buggery (*) (not to be named among Christians,) to the great displeasure of Almighty God, to the great scandal of all human kind, against the form of the statute in such case made and provided, and against the peace of our said lord the king, his crown and dignity.

labourer, on, &c. about the hour of one of the night (b) of