[713]

Information by

the attorney-ge

neral for a mis

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 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 bauns 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, vol. ii. 6.] That at the time of the committing of the several offences hereinafter demeanor in pro- mentioned, one M. W. was a maiden and unmarried, and was curing a marriage with a minor by under the age of twenty-one years, that is to say, of the age false allegations of fourteen years, or thereabouts, and was entitled unto a

(a).

very considerable personal estate, of the value of one thousand pounds and upwards, and had 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,

(a) 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 indictment for

perjury could have been supported in this case, but it is most probable that it might, 1 Leach, 63. An indictment for a misdemeanor lies, see 1 Ry. & Moo, Cr. Ca. 459.

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 solemnized 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, 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, amongst other things, that the said J. T. intended to marry with the said M. W. a spinster, aged above twentyone years, and that he knew of no lawful impediment by reason of any pre-contract, 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 colour 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, un

[ 714 ]

between the said J. T. and the said last-mentioned M. W., without the publication or proclamation of the bauns of matrimony, which said last-mentioned licence was then and there issued and granted, upon faith and credence given to the said last-mentioned allegation 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 last aforesaid, and to complete and bring the same to effect, afterwards, to wit, on, &c. aforesaid, at, &c. aforesaid, for the sake and lucre of the said estate and fortune of the said last-mentioned M. W., against the will and without the consent of the said last-mentioned S. W., then and there being the mother and guardian of the said last-mentioned M. W. as aforesaid, did wilfully, advisedly, and deceitfully inveigle, entice, allure, and persuade her the said last-mentioned 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 last-mentioned M. W., from and out of the custody of her said mother and guardian, with intent to marry her the said last-mentioned M.W., and afterwards, that is to say, on, &c. last-mentioned,

[ 717 ] the said J. T. did wilfully, advisedly, and deceitfully cause and procure a marriage in fact to be solemnized between himself and the said last-mentioned M. W., in the parish church of Saint Pancras, in the county of Middlesex aforesaid, to wit, at, &c. aforesaid, by colour of the said licence and faculty lastmentioned, without any lawful and sufficient publication or proclamation of the banns of matrimony between them the said J. T. and the last-mentioned M. W., against the will and without the consent of the said last-mentioned S. W. her mother and guardian as aforesaid; and the said J. T. other wrongs to the said last-mentioned M. W. did then and there unlawfully, wickedly, and maliciously bring, in contempt, &c. [Conclusion as in first count.] And the said attorney-general of our said lord the king, for our said lord the king gives the court here further to understand and be informed, that at the time of the committing of the several offences hereinafter uext 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

Third count.

the care, government, and protection 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 said
last-mentioned M. W. from the care, government, and protec-
tion of the said last-mentioned S. W. her mother 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 banns of matrimony in that behalf, and
without the consent and against the will of the said last-men-
tioned S. W. her mother as aforesaid, and to deceive, defraud,
and impose upon the said archbishop, did, in order to obtain
a licence for the solemnization of matrimony between himself
the said J.T. and the last-mentioned M. W., without the pub-
lication or proclamation of the bauns of matrimony in that
behalf, on, &c. at, &c. aforesaid, knowingly, deceitfully, and
unlawfully exhibit, and cause to be exhibited in the said office
of faculties, a certain allegation in writing in the form of an
affidavit, purporting and containing therein, among other things,
that he the said J. T. intended to marry with the said last-men-
tioned M. W. a spinster, aged above twenty-one years, and
that he knew of no lawful impediment by reason of any pre-
contract, consanguinity, affinity, or any other lawful means
whatsoever to hinder the said intended marriage, and the said
J.T. then and there prayed a licence to solemnize such mar-
riage in the parish church of Saint Pancras aforesaid, by colour
and pretext of which said last-mentioned false allegation and
writing by him the said J. T. in form aforesaid made and
exhibited, he the said J. T. afterwards, that is to say, on, &c.
aforesaid, did fraudulently and unlawfully obtain and procure a
certain licence and faculty from and in the name of the afore-
said archbishop, under the seal of the office of faculties afore-
said, for the solemnization of matrimony in the parish church
of Saint Pancras, in the county of Middlesex, between the
said J. T. and the said last-mentioned M. W., without the
publication or proclamation of the banns of matrimony, which
said last-mentioned licence was then and there issued and
granted upon faith and credence given to the said last-men-
tioned false allegation of the said J. T., in contempt, &c. to
the great fraud and deceit of the said archbishop, to the evil
example, &c. and against the peace, &c.

[ 718 ]

INDICTMENTS FOR BIGAMY OR POLYGAMY.

That Elizabeth, the wife of Augustus John Hervey, late of, &c. on, &c. being then married, and then the wife of the