Star.
London, England, 1826-08-11 00:00:00

alculated to inspire both concern and regret=-he Me int
that of rioting and breaking looms. machinery, and
house, for which no less than sixty-six persons stood
committed. The indictments against those unhappy
and deluded persons amounted to thirty. The annals
of the country but ton fully proved that extensive and
severe distress existed. The contributions ent.red into
by the wise and the goo) was also proof of the exist-
ence of that distress; but they mast not too easily
I listen to their feelings ; they must let those persons see
that they were not with impunity to destroy those im-
plTments of machinery by which they and others could
alone hope to get their bread ; they must show-them, that
however pitiable Vier situation, and GOD knew that their
distresses were great, they must be taught that they had
no right to seek relief by acts of violence and rebellion.
It was well remarked by as great a man as had ever sat
upon the Bench, that 18 when we begin to feel pity in
our bov-ms, we should recollect that there was some
pity due also to the community at large." The Learned
Judge, afirr adverting shortly to some cases in the
calendar, which required the n,arc particular attention
of the Grand Jury, proceeded to observed that there,
were two cases in the calendar, one of which he shoat]
merely glance at, and no mores The Grand Jury would
understand him when he said, there were certain charges',
which, for the sake of public decency, it were better'
never to enter into, unless where there were probable
growth of conviction, because it was impossible, upon
such occasions, to exclude persons who oug'it not to be
present, and details which it would be better, as far as
possible, to prevent. The other ease to which he alluded,
and to which he begged to call their most set ious atten-
tion, inasmuch as it was not a common occurrence in
this country in modern times—it was that of Edward
Gibbon Wakefield, who stood charged with a felony,
though not with a capital felony; It appeared from the
calendar, that Wakefield stood charged with having,
at Liverpool, fel:mionsly taken and carried away one
Ellen Turner, spinster, then a maid, and heir apparent
unto her father, Wm. Turner, Bsq. for the sake of the
lucre of her substance, and afterwards unlawfully and
against her will did marry the said Ellen Turner. He
(Wakcfield) was therefore charged at present with a
felony, but whether the indictment would be for a
capital felony or not, he had no means of knowing. He
felt it necessary to state, that in early times, by the
common law of England, if a child was taken from her
parents, guardians, or other persons to whom intrusted,
by violence, deceit, or artifice, and if afterwards the
parties should marry, even by consent, still it was held
to be an offence. If the case stood thus at common law,
the party might be indicted for an offence, if alone.
or. if he committed the offence conjointly with others,
fur a conspiracy. But this was not thought sufficient
for the protection of female chastity and female hap-
piness, for so early as the reign of Henry VII. a statute
was passed,' making the offence a felony, subject to
relief of clergy. In the reign of Elie ibeth, so important
a matter was the protection of female children con-
ceived (the crime of taking them away forcibly being
then more common), that the off.tnee was made a
capital f lony, the benefit of clergy being taken away.
In the reign of his ?resent Majesty, the statute of Eli
'axbeth was removed, so that the statute of Henry VII.
'remained ; but there were several things necessary to
bring the offence under the statute of Henry VII. such
'as the use of force, and the continuance of force
;until the parties were married. And there were eases
where persons had been acquitted, upon its being
'shown that though filter was used in one county, it
bad ceased, and the parties had agreed, before they
' anived at the place of marriage, and, therefore,
no conviction could take place. There was also
another statue, that of Philip and Mary, the pre-

amble of which did not contemplate force, but ap-
peared to consider the sufferings of the parents, rather
than the distress of the person more immediately the
object of aggression. It ran thus and 5 Philip and
Mary, cap. 7. "An Act for the punishment of such as
shall take away maidens that be inheritors, being within
the age of sixteen years, and that marry esem without
consent of their parents." When maidens and women,
children of Noblemen and Gentlemen, and others, as well
such as be heirs apparent to their ancestors as others, hav-
ing left unto them by their father, or other ancestor and
friends, lands, tenements, and hereditament!, or other
great substances. in goods and chattels moveable, for,
and to the intent to advance them in marriage, some-
what like according to their degrees, and as might be
most for their surety and comfort, as well for them-
selves as of all other their friends and kinsfolk:, be
oftentimes unaware to their said friends and kinsfolks,
by flattery, trifling gifts, and fair promises, of many
unthrifty light pet villages, and theret ), by the intreaty '
of persons of lewd demeanour, and others, that for re-
ward buy and sell the said maidens and children secretly
allured, and now to contract matrimony with the said
unthrifty and light personages, and thereupon with
sleight or force oftentimes betaken and conveyed away
from their said parents, friends, or kinsfolk', to the high
displeasure of ALKIGHTY GOD, disparagement of the
said children, and the extreme continual heaviness of all
their friends, which ungodly dealing, for lack of whole-
some laws to the redress there if, remaineth a great
familiar and .common mischief in this our common-
we4lth. I. Fur remedy whereof, be it enacted, that it
shall not be lawful to any person or persons to take or
carry away, or cause to be taken or carried away. any
mid or woman child, unmarried, being trader the age
of sixteen years, out of or from the possession, custody,
i+r government, against the will of the father of such
,maid or unman child, or of such person or persons to
whom the father of such maid or woman ehild, by his

last will and testament, or by any other act in his life-
time, bath or shall appoint, assign,. bequeath, give or
grant the order, keeping, education, or government of
'such maid, or woman child, except such taking and
.conveyhig away as shall be had or done by or for
loch person or persons as without fraud or covin be,
or &en- shall be, the master or mietre s of such
m rid or woman child, or other guardians in socage,
or go irdian in chivalry of or to such maid or child.
3. And if any person or persons above the age of 14
ye .rs (which his Lordship observed the Jury would find
to be the age of consent) shall mil:tardily take or convey
or cause to be taken or conveyed, auy =aide% or
woman child .unmarried, being within the age of 16
years, out of or from the possession, and against the
will of the father or mother of such child, or of such
person of persons as shall happen to have, by any lawful
w..ys or means, the order, keeping, education, or go.
yes morn •, of ..xch maiden or woman child, every person
so off..nding, being thereof 11%41111y attainted or con-
victed, shall have and suffer imprisonment of his or
tileir bodies by the space of two whole years, without
bail or matnprize, r•r else should pay such line for his
or their said offence as sh•oll he assessed by the Queen's
Highness tr. the sitar Chamber etWesturilibter. hits Lord.