Page:William Blackstone, Commentaries on the Laws of England (4th ed, 1770, vol IV).djvu/221

Ch. 15. vera, if the woman be originally taken away with her own conent, yet if he afterwards refue to continue with the offender, and be forced againt her will, he may, from that time, as properly be aid to be taken againt her will, as if he never had given any conent at all; for, till the force was put upon her, he was in her own power. It is held that a woman, thus taken away and married, may be worn and give evidence againt the offender, though he is her huband de facto; contrary to the general rule of law: becaue he is no huband de jure, in cae the actual marriage was alo againt her will. In caes indeed where the actual marriage is good, by the conent of the inveigled woman obtained after her forcible abduction, ir Matthew Hale eems to quetion how far her evidence hould be allowed: but other authorities eem to agree, that it hould even then be admitted; eteeming it aburd, that the offender hould thus take advantage of his own wrong, and that the very act of marriage, which is a principal ingredient of his crime, ould (by a forced contruction of law) be made ue of to top the mouth of the mot material witnes againt him.

inferior degree of the ame kind of offence, but not attended with force, is punihed by the tatute 4 & 5 Ph. & Mar. c. 8. which enacts, that if any peron, above the age of fourteen, unlawfully hall convey or take away any woman child unmarried, (which is held to extend to batards as well as to legitimate children) within the age of ixteen years, from the poeion and againt the will of the father, mother, guardians, or governors, he hall be imprioned two years, or fined at the dicretion of the jutices: and if he deflowers uch maid or woman child, or, without the conent of parents, contracts matrimony with her, he hall be imprioned five years, or fined at the dicretion of the jutices, and he hall forfeit all her lands to her next of kin, during the life of her aid huband. So that Rh