[1311] Something had, however, been done to check this evil by Tudor legislation. The act of 3 H. VII., c. 2, Statutes at Large (Ruffhead), II, 69, provides that if anyone take away against her will any woman, whether maid, widow, or wife, "having substances, some in Goods moveable, and some in Lands and Tenements, and some being Heirs apparent unto their ancestors," and marry her or cause her to be married or deflowered, or in any way aid or abet the same, he shall be guilty of felony; and the act of 39 Elizabeth, c. 9, Statutes at Large, II, 689, deprives such offenders of benefit of clergy. Again by 4 and 5 Philip and Mary, c. 8, Statutes at Large, II, 515, the abduction of a maid under sixteen is punishable by two years' imprisonment or a fine to be fixed by the Star Chamber; while the taking away and marrying or deflowering any woman child under that age is punishable with five years' imprisonment or a fine as in the first case. For these and the earlier statutes regarding rape see The Lawes Resolutions of Womens Rights, 376-90.
These acts, it should be noted, are quite restricted in their range and besides, by 1653, they seem to have become practically a dead letter; although in 1753 Attorney General Ryder declares they are still in force: Hansard, Parliamentary History, XV, 3-5; and so does the act of 1650, c. 43: Scobell, Acts and Ordinances, 151. On the other hand, the act of the Commonwealth applies to all minors under twenty-one, men or women, whether heirs or possessors of property or not; the penalties were severe; and the fraudulent or forcible marriage is void.
[1312] The MSS. of the Duke of Northumberland in Reports of the Hist. Manuscript Commission, III, 55, 59, 61, show entry before the Star Chamber of three such cases: On June 3, 1608, "Atty Gen. v. Thos. Mollineux, Riot and other Misdemeanors in marriage of daughter of Mr. Brooke against his will." Feb. 5, 1611-12, "Atty Gen. v. Humphry and Margaret Chatterton et al. Conspiring to deceive Lord Cavendish of his son, Sir William, aged 14, and King of his Wardship. Supposed contract of marriage between Sir William Cavendish and Margaret Chatterton, a waiting maid." Jan. 1612-13, "Elizabeth de la Fountaine, widow, v. Stephen Harvie et al. Practicing to steal away and marry plaintiff's daughter, aged 8."
[1313] The act (1650, c. 43) in Scobell's Acts and Ordinances, 150, 151.
[1314] Inderwick, op. cit., 40-43: citing State Papers, 1649-50; and Whitelock, op. cit., III, 293, 319.
[1315] For examples of marriages annulled by the quarter sessions under this act see Jeaffreson, Middlesex County Records, III, 233, 234, 264; also Inderwick, op. cit., 43, 45.
[1316] Roberts, The Social History of the People of the Southern Counties of England in past Centuries (London, 1856), 204, 205.
[1317] Burn, Parish Registers, 140 n. 1. By the code of Theodosius, already cited (above, p. 295), when the betrothal was sealed with a kiss, the lover received one-half of the gifts; but the woman, "whether kissing or not kissing, whatsoever she gave, she may ask and have it again": ibid., 140. Compare The Lawes Resolutions of Womens Rights, 71, 72 (on "Wooing" and the "Condiments of Love").
[1318] The following is a specimen of such entry by a justice, taken from the parish register of Shudy Camps, in Cambridgeshire (Burn, op. cit., 26):
"Cambsh.—These are to certifie all whom it may concern yt Jno Wignald Clerke (being elected Register of ye parish of Shudy Camps by ye Inhabitts. of ye same Parish as hath appear'd unto me by a Certificate under ye hands of ye Inhabitants thereof) did come before me Tho. Benett Esqr. one of ye Justices for ye peace of ye sd Countie and did take his oath for ye due Execution of his office accg to ye late Act of Parliamt in yt case made and provided. Which sd John Wignald I do hereby constitute Register thereof. Accordingly witness my hand and seal this 10 of Jan. 1653. Tho. Benett."