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Recital of 6 Anne 16. sec. 7.
Evasion thereof by difficulty of proving marriage or desilement.
Taking away maids or women by force with intent to marry or desile, aiders and procurers, principals and accessaries before, felony without benefit of clergy or the statute.
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II. And whereas by an act made in the sixth year of the reign of her late Majesty Queen Anne, intituled, An act for the more effectual preventing the taking away and marrying children against the wills of their parents or guardians, it is amongst other things enacted, “That if any maid or woman be taken or carried away by force against her consent, and after be married or desiled by such person or persons, who carried her away, or by any other person by his or their assent or procurement, whether such marriage or desilement be with or without the consent of such maid or woman, so carried away by force, and against her will as aforesaid; every such person so marrying or desiling such maid or woman, and the aiders and procurers of such forcible taking away such maid or woman, and all, as well principals as accessaries before such fact committed, should loose the benefit of clergy, and should be deemed and adjudged to be felons, and should suffer pains of death without benefit of clergy:” and whereas the good intent of the said law is in a great measure frustated, and offenders emboldened to act in open violation thereof, by reason of the difficulty of proving a marriage or desilement: be it further enacted by the authority aforesaid, That if any maid or woman be taken or carried away by force against her consent with an intent to marry or desile such maid or woman contrary to the true intent and meaning of the said in part recited act, every such person so taking or carrying away by force, and against the consent of such maid or woman, any maid or woman, with an intent to marry or desile her, and the aiders and procurers of such forcible taking and carrying away such maid or woman and all, as well principals as accessaries before such fact committed, shall be deemed and adjudged to be felons, and shall suffer pains of death without benefit of clergy or of the statute; any former law to the contrary thereof notwithstanding.
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