INDICTMENTS, &c. FOR ILLEGAL MARRIAGES, BIGAMY, &c. II. c. 33. s. 8. That A. B. late of, &c. clerk, after the twenty-first day of March, On 26th Geo. in the year of our lord one thousand seven hundred and fifty-four, For feloniously to wit, on, &c. with force and arms, at, &c. did unlawfully, know- solemnizing matrimony ingly, wilfully and feloniously, solemnize matrimony between without li C. D. late of, &c. and one E. F., then a single woman, without cence, &c. (s) publication of banns of marriage in that behalf, and without any licence of marriage in that behalf, first had or obtained from any person or persons having authority to grant the same, in contempt of our said lord the king and his laws, to the evil example, &c. against the peace, &c. and also against the form of the statute, &c. That T. M. late of, &c. on, &c. at, &c. with force and arms, Against parish at, &c. aforesaid, did knowingly, and wilfully, unlawfully and clerk, under (s) See another precedent Cro. C. C. 8th Ed. 269. This indictment is founded on 26 Geó. II. c. 33. s. 8. which directs, that if any person shall solemnize matrimony in any other place than a church or public chapel, where Banns have been usually published, unless by special Licence from the Archbishop of Canterbury, shall solemnize matrimony without publication of Banns, unless Licence of marriage be first had and obtained, from some person or persons having authority to grant the same, knowingly and wilfully offending, shall be adjudged a felon, and transported for fourteen years. Under this clause, prosecutions must be commenced within three years after the offence is committed. 26th Geo. II. c. 33. s. 9. (t) This offence appears to be indictable also under the Act the 26 Geo. II. c. 33. s. 16. by which, "knowingly and wilfully to insert, or cause to be inserted, in the registry book of any parish or chapelry, any false entry of any matter or thing relating to any marriage, falsely to make, alter, forge, or counterfeit, or cause or procure to be falsely made, altered, 52 Geo. III. c. 146. s. 14. for a single forged, or counterfeited, or act, felony in deor assist, in falsely making, al- ceiving a clertering, forging, and counterfeit- gymau to make ing, any such entry in any such a false entry of the due publi register or any such licence of cation of marriage as therein mentioned-banns, when or utter or publish as true such none had been altered or forged register or licence published. (t) -or wilfully to destroy or cause or procure to be destroyed, any register, book of marriages, or any part of such register book, with intent to avoid any marriage, or to subject any person to any of the penalties of that statute-is made felony without benefit of clergy— The 52 Geo. III. c. 146. s. 14. inflicts a lighter penalty. It directs, that "if any person shall knowingly and wilfully insert or cause, or permit to be inserted in any such register book of baptisms, burials, or marriages, therein described, or in any copy of any such register directed therein to be transmitted to the registrars, or in any lists or declarations directed therein to be transmitted to the registrars, any false entry of any matter or thing relating to any baptism, burial, or marriage, or shail falsely make, alter, forge, or counterfeit, or cause or procure, or wilfully permit to be falselv Against a pa. rish clerk, for making a false entry of the publication of banns. feloniously, cause to be inserted in the register book of marriages, That at the time of the committing of the several offences hereinafter mentioned, one C. L. being a bachelor and unmarried, was desirous of entering into the marriage state with one M. K. a maiden, and also unmarried, and that T. M. late of, &c. parish clerk of Saint Wollas in the same county, being an evil disposed and badly minded person, and contriving, devising and wickedly intending to cause and procure the said C. L. and M. K. to be united in wedlock and matrimony by unjust and unlawful means, and without the proper and necessary publication of the banns of matrimony in that behalf, did on, &c. at, &c. aforesaid, knowingly and wilfully insert, and cause and permit to be inserted in the public register book of the marriages solemnized at the said parish of Saint W., a certain false entry relating to the publication of the banns of the said marriage, then about to take place between the said C. L. and M. K. at the said parish, and did then and there knowingly and wilfully cause, procure and permit the date of the publication of the said banns of marriage to be falsely inserted and made, altered, forged, or counter- thereby required to be transmitted as therein mentioned, which shall be false in any part thereof, knowing the same to be false, he shall be adjudged a felon, and sentenced to be transported for fourteen years." The offences thus punishable were misdemeanours at common law, and subjected the party to severe imprisonment and fine. 2 Sid. 71. entered in the said public register, as having taken place in the lawful and necessary mode before the completion of the matrimonial ceremonies between the said C. L. and M. K.; whereas in truth and in fact, no lawful publication whatsoever of the said banns of marriage had taken place, in contempt, &c. to the evil example, &c. against the peace, &c. and also against the form of the statute, &c. And the jurors, &c. do further present, that the said T. M. after the 31st day of December, 1812, to wit, on, &c. at, &c. aforesaid, did knowingly and wilfully cause and permit to be inserted in the said public register book of marriages, solemnized at the said parish of Saint W., in the said county of M., a certain other false entry relating to the publication of the said banns of marriage, which at the time of the committing of the said offence was about to take place at the said parish, between the said M. K. and C. L., and did then and there knowingly and wilfully cause, procure and permit the date of the publication of the said banns to be falsely made and entered in the said register, in contempt of our said, &c. to the evil example, &c. against the peace, &c. and also against the form, &c. [Commencement of information as ante 6.] That at the time Information by of the committing of the several offences hereinafter mentioned, the attorney general for a one M. W. was a maiden and unmarried, and was under the age of misdemeanour twenty-one years, that is to say, of the in procuring a of fourteen years, or age marriage with thereabouts, and was entitled unto a very considerable personal a minor by false allega. estate, of the value of one thousand pounds and upwards, and had tions. (u) no father living, and was under the care and custody and guardianship of S. W., of, &c. widow, her mother; and that J. T. late of, &c. being an ill-disposed person, and a person of low condition and circumstances of life, and having little or no substance or estate, well knowing all the premises aforesaid, but devising and intending to entice, inveigle, take and carry away the said M. W. from the care, custody and guardianship of the said S. W., her mother and guardian as aforesaid, and to possess himself of the person, fortune, and estate of the said M. W., and to cause and procure a marriage to be in fact had and soleninized between himself the said J. T. and the said M. W. in a secret and clandestine manner, without publication or proclamation of the banns of matrimony in that behalf, and without the consent and against the will of the said S. W. her mother and guardian as aforesaid, and to deceive, defraud (u) This was the information against James Thompson, in 1799, drawn by Mr. Wood, and was obtained from the crown office. It seems doubtful whether an in dictment for perjury could have and impose upon John, by divine providence, lord Archbishop of Canterbury, the worshipful Sir William Scott, knight, doctor of laws, master or commissary of the faculties, and French Lawrence, doctor of laws, then being surrogate of the said master or commissary of the faculties, appointed to receive and take the allegations and affidavits of persons desirous of obtaining licences for the solemnization of matrimony from the said archbishop of Canterbury, under the seal of the office of faculties of the said archbishop, did on, &c. at London, to wit, at the parish of Saint Benedict, otherwise Saint Bennet Paul's Wharf, in the ward of Castle Baynard, in London aforesaid, come in his own proper person before the said French Lawrence as such surrogate as aforesaid, and did then and there falsely, knowingly and deceitfully make a certain allegation and affidavit in writing, to and before the said French Lawrence, purporting, and containing therein, among other things, that the said J. T. intended to marry with the said M. W. aspinster, aged above twenty-one years, and that he knew of no lawful impediment by reason of any precontract, consanguinity, affinity, or any other lawful means whatsoever to hinder the said intended marriage, and of the truth of the premises the said J. T. then and there took his corporal oath, and was sworn upon the holy gospel of God, before the said French Lawrence as such surrogate as aforesaid, and the said J. T. then and there prayed a licence to solemnize such marriage in the parish church of Saint Pancras aforesaid, and then and there in order to obtain such licence deceitfully, advisedly and unlawfully exhibited, and caused to be exhibited and to be filed, his said allegation and affidavit in writing, in the said office of faculties of the said archbishop, by color and pretext of which said false allegation and affidavit by him the said J. T. in form aforesaid made and exhibited, and caused to be exhibited and filed, he the said J. T. afterwards, that is to say, on the said, &c. at, &c. aforesaid, did fraudulently, unlawfully and deceitfully obtain and procure a certain licence and faculty, from and in the name of the aforesaid archbishop, under the seal of his office of faculties aforesaid, bearing date on, &c. for the solemnization of matrimony in the parish church of Saint Pancras, in the county of Middlesex, between the said J. T. and M. W. without the publication, or proclamation of the banns of matrimony, which said licence was then and there granted and issued upon faith and credence given to the said false allegation and affidavit of the said J. T. and the said attorney general of our said lord the king, for our said lord the king, giveth the court here further to understand and be informed, that the said J. T. in further prosecution of his wicked devices and intentions aforesaid, and to complete and bring the same to effect, afterwards, that is to say, on, &c. at, &c. aforesaid, for the sake and lucre of the said estate and fortune of the said M. W., against the will and without the consent of the said SW. then and there being the mother and guardian of the said M. W. as aforesaid, did wilfully, advisedly and deceitfully, inveigle, entice, allure and persuade her the said M. W. to contract matrimony with the said J. T., and thereupon then and there wickedly, unlawfully, and by sleight did inveigle, allure, entice, take and carry away the said M. W. from and out of the custody of her said mother and guardian, with intent to marry her the said M. W. and afterwards, that is to say, on, &c. last mentioned, the said J. T. did wilfully, advisedly and deceitfully, cause and procure a marriage in fact to be had and solemnized between himself and the said M. W. in the parish church of Saint Pancras, in the county of Middlesex, to wit, at, &c. aforesaid, by color of the said licence and faculty last mentioned, without any lawful and sufficient publication or proclamation of the banns of matrimony between them the said J. T. and M. W. against the will and without the consent of the said S. W. her mother and guardian as aforesaid; and the said J. T. other wrongs to the said M. W. then and there unlawfully, wickedly and maliciously did, in contempt, &c. to the great disgrace and disparagement of her the said M. W. to the great grief and disconsolation of the friends, relations and kindred of the said M. W., to the great fraud and deceit of the said archbishop, and of the said master or commissary of the faculties, and the surrogate aforesaid, to the evil example, &c. and against the peace, &c. And the said attorney general of our said lord the king, Second count, for our said lord the king, gives the court further to understand and be informed, that at the time of the committing of the several offences hereinafter next mentioned one other M. W. was a maiden and unmarried, and was under the age of twenty-one years, that is to say, of the age of fourteen years, or thereabouts, and was entitled unto a very considerable personal estate of the value of one thousand pounds and upwards, and had no father living, and was under the care, custody and guardianship of one other S. W. her mother, and that the said J. T. being such person as aforesaid, and well ́ knowing all the premises last aforesaid, but devising and intending to entice, inveigle, take and carry away the last mentioned M. W. from the care, custody and guardianship of the said last mentioned S. W., her mother and guardian as aforesaid, and to cause and procure a marriage to be had and solemnized between himself the said J. T. and the said last mentioned M. W. in a secret and clandestine manner, without publication, or proclamation of the banns of matrimony in that behalf, and without the consent and against |