Page:William Blackstone, Commentaries on the Laws of England (4th ed, 1770, vol IV).djvu/220

208 much for the felony of mayhem: to which may be added the offence of wilfully and maliciouly hooting at any peron, which may endanger either killing or maiming him. This, though no uch evil conequence enues, is made felony without benefit of clergy by tatute 9 Geo. I. c. 22. and thereupon one Arnold was convicted in 1723, for hooting at lord Onlow; but, being half a madman, was never executed, but confined in prion, where he died about thirty years after.

II. econd offence, more immediately affecting the peronal ecurity of individuals, relates to the female part of his majety's ubjects; being that of their forcible abduction and marriage; which is vulgarly called tealing an heires. For by tatute 3 Hen. VII. c. 2. it is enacted, that if any peron hall for lucre take any woman, being maid, widow, or wife, and having ubtance either in goods or lands, or being heir apparent to her ancetors, contrary to her will; and afterwards he be married to uch midoer, or by his conent to others, or defiled; uch peron, and all his acceories, hall be deemed principal felons: and by tatute 39 Eliz. c. 9. the benefit of clergy is taken away from all uch felons, except acceories after the offence.

the contruction of this tatute it hath been determined, 1. That the indictment mut allege that the taking was for lucre, for uch are the words of the tatute. 2. In order to hew this, it mut appear that the woman has ubtance either real or peronal, or is an heir apparent. 3. It mut appear that he was taken away againt her will. 4. It mut alo appear, that he was afterwards married, or defiled. And though poibly the marriage or defilement might be by her ubequent conent, being won thereunto by flatteries after the taking, yet this is felony, if the firt taking were againt her will : and o vice Rh