| Women. | |
|---|---|
| No person to marry under the age of 21 years without the consent of parents or guardians. | BY the 26 G. 2. c. 33, No suit shall be had in any ecclesiastical court, to compel a celebration of marriage in facie ecclesiae, by reason of any contract of matrimony whatsoever, whether per verba de presenti, or per verba de futuro: and the marriage of any person under the age of twenty-one, without the consent of parents or guardians, shall be null and void. |
| Taking a woman by force. | By the 3 Ed. 1. c. 13, None shall take by force any maiden within age (that is, the age of twelve years, being the age of consent to marriage, 2 Inst. 182.) by her own consent nor without; nor any wife or maiden of full age, nor any other woman against her will, on pain of imprisonment for two years, and after fine at the king's will. |
| Compelling her to become bound. | And by the 31 H. 6. c. 9, If any person take by force, or otherwise, any woman sole, having any substance of lands, tenements, or moveable good, and inforce her before she be set at liberty, to bind herself to him by statute or obligation, such bond shall be void. |
| The offence usually called stealing an heiress. | Whereas women, as well maidens as widows, and wives, having substances, some in goods moveable, and some in lands and tenements, and some being heris apparent to their ancestors, for the lucre of such substances, are sometimes taken by misdoers, contrary to their will, and after married to such misdoers, or to others by their assent, or defiled; it is enacted, that the person 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 misdoers, takers, and procurators to the same, and receitors, knowing the said offence, shall be adjudged as principal felons. 3 H. 7. c. 2. |
| No benefit of clergy. | And by the 39 El. c. 9, The benefit of clergy is taken away from the principals, procurers, and accessaries before. |
| What constitutes this offence felony. | Upon which statute of the 3 H. 7. these things are required to make the offence felony; 1. That the maid, wife, or widow, have lands, or tenements, or moveable goods, or be an heir apparent. 2. That she be taken away against her will. 3. That the taking was for lucre. And 4. That she be married to the misdoer, or to some other by his consent; or be defiled (that is, carnally known.) For if these concur not, and be so laid in the indictment, the misdoer is not a felon within the statute, but otherwise to be punished. 3 Inst. 61. 1 Haw. 110. |
| The takers, procurers, abetters and receivers, are all principals. | The said act makes the takers, the procurers, abettors of the felony, and receivers of the woman, wittingly knowing the same, to be all principal felons; the like whereof lord Coke says he has not found in any other statute that he remembers. But by the construction of the common law, they who receive the misdoers, and not the woman, are accessaries only. 3 Inst. 61, 62. |
| Who are not in the statute. | Those who are only privy to the marriage, and not to the forcible taking away, or consenting thereto, are not within the statute. 1 Haw. 110. |
| Where the woman at first consents. | It is no excuese, that the woman was at first taken away with her own consent; because if she afterwards refuse to continue with the offender, and be forced against her will, she may from that time as properly be said to be taken against her will, as if she had never given any consent at all; for till the force was put upon her, she was in her own power. Id. Neither is it material, whether a woman so taken contrary to her will, be at last married or defiled with her own consent or not, if she was under the force at the time. Id. In Fulwood's case, M. 14 C. it was resolved, that the woman taken away and married, may be sworn and give evidence against the offender, who so took and married her, though she be his wife de facto. 1 H. H. 661. |
| Taking a woman under 16. | By the 4 & 5 P. & M. c. 8, If any person above fourteen years of age shall unlawfully take or convey, or cause to be taken or conveyed, any maid or woman child unmarried, being within the age of sixteen years, out of the possession, and against the will of her father, mother, or guardian, he shall suffer two years imprisonment, or pay such a fine as shall be assessed by the court; half to the king, and half to the parties grieved. s. 3. In the case of K. v. Cornforth and others, M 15 G. 2, The court granted an information against the defendants, for taking away a natural daughter under sixteen, under the care of her putative father; being of opinion that it was within this statute. Str. 1162. |
| Taking away a woman child under 16, by 4 & 5 P. & M. | And by the said statute of 4 & 5 P. & M. If any person shall so take away, or cause to be taken away, and deflower any such maid or woman child; or shall against the will or knowledge of the father, or, if he is dead, of the mother having tuition of such child, contract matrimony with her by letter, messages, or otherwise, he shall be imprisoned five years, or pay such fine as shall be assessed by the court; half to the king, and half to the parties grieved. s. 3. |
| Consenting between 12 & 16 years of age. | And if any woman child or maiden, above 12 and under 16 years of age, shall consent or agree to the person so making such contract of matrimony, the next of kin to her shall have, hold, and enjoy her lands during the life of the person so contracting. Id. s. 6. By the 20 H. 6. c. 9, Peeresses shall be tried as peers for treason or felony. And by the 3 W. c. 9, A woman being convicted of an offence, for which a man may have his clergy, shall suffer the same punishment that a man should suffer who has the benefit of his clergy allowed; that is, shall be burnt in the hand, and further kept in prison as the court shall think fit, not exceeding one year. But she shall be only once entitled to the benefit of the said statute. 4 & 5 W. c. 24. s. 13. |
| Appeal. | In an appeal by the woman, the appellee cannot wage battle, but must put herself upon her country. 2 Haw. 427. |
| Pleading pregnancy. | If a woman quick with child be condemned either for treason or felony, she may alledge to be with child, in order to get the execution respited: and thereupon the sheriff shall be commanded to take her into a private room, and to impanel a jury of matrons, to try and examine whether she be quick with child or not: and if they find her quick with child, the execution shall be respited till her delivery. But it is agreed, that a woman cannot demand such respite of execution, by reason of her being quick with child, more than once. 2 Haw. |
| Serving constable. | Mr. Hawkins thinks that a custom of the inhabitants serving the office of constable by turns is good; and that when it comes to the turn of a woman inhabitant, she must procure one to serve for her. 2 Haw. 63. |
| Torn or leet. | Women are not obliged to appear at the torn or leet. 2 Haw. 57. Respecting petit treason in a woman, see HOMICIDE. |
Can't locate object method "endform" via package "CGI" at /home/andy/public_html/gemma/wiki.pl line 2275.
For help, please send mail to the webmaster (webmaster@gemma.notzen.com), giving this error message and the time and date of the error.