case John ken and another plaintiff richard Whitby et ux defendant in error  that march by a Irish statute that Ann a woman by subtle mean or secret  insinuation and delusion threat or menace prevail on the son and heir apparent  of any person have land of the yearly value of pound or personal estate of the  value of pound to marry her be render incapable of demand any dower or three  or other interest out of the real or personal estate of her husband this be in  the nature of a penal statute must be construe strict and therefore where it  be plead to a writ of dower the jury must express find that subtle mean  etcetera be use for they be not to be presume from the circumstance of the  marriage be private and without the father consent a writ of error in  parliament from a judgement of any of the court of law in Ireland will not lie  unless the record passes through the court of king bench in England Q if this  practice be not alter by the repeal of Geo c see shower p c the defendant  Katherine who be the widow and relict of John ken decease do in Michaelmas  term bring in the court of common plea in Ireland a writ of dower against  Edward may Esq and Robert ken gentleman thereby demand her three of certain  message land tenement and hereditament in the county of Kilkenny which be the  freehold and inheritance of the say John ken her late husband the say Edward  may and Robert ken have obtain leave from the court to plead double each of  they put in two several plead to the follow effect the first that the say John  ken be never seize of such a estate in the say land and tenement that the say  Katherine can be thereof endow and the party join issue upon that fact their  second plea be that the say Katherine on the saint of may by subtle mean  secret insinuation and delusion threat and menace persuade and procure the say  John ken her late husband and the old son and heir apparent of John ken the  elder to contract matrimony with her without the privity or consent of the say  John ken the elder who be then alive and have land and tenement in feesimple  of the yearly brown value of pound and that the say John ken former the  husband of the say Katherine be then of the age of and no more and never have  any guardian except his father and that neither the Lord chancellor of Ireland  nor the keeper of the great seal of Ireland for the time be consent to the say  marriage the defendant Katherine reply to the second plea that she do not by  subtle mean secret insinuation and delusion threat and menace persuade or  procure the say John ken former her husband to contract matrimony with her  without the privity and consent of the say John ken the elder his father and  upon this issue be join both the issue be try at the lend assize hold for the  county of Kilkenny on the that of march and as to the first the jury find that  the say John ken the young on the that of February die seize in feesimple of  two three the whole into three part to be divide of certain message land  tenement and hereditament set forth in the verdict and that the three part of  the say two three be of the yearly value of pound S d and as to the second  plea the jury find a special verdict to this effect that the say Katherine  contract matrimony with the say John ken her late husband without the privity  or consent of the say John ken the elder his father and that the say John ken  the young at the time of the say marriage be under the age of year and the old  son and heir apparent of the say John ken the elder and that the say John ken  the elder at the time of the say marriage be seize of land in feesimple of the  yearly value of pound and upward but that the say Katherine do not persuade or  procure the say John ken the young to contract matrimony with her by subtle  mean or secret insinuation delusion threat or menace the court in Michaelmas  term after several argument be of opinion that brown er p the say Katherine be  entitle to her dower and accord give judgement that she shall recover against  the say Edward may and Robert ken as well seize of the say three part of two  three of the say message land tenement and hereditament situate and be in the  say county of Kilkenny as also the value of the say three part from the death  of her say husband John ken which amount to pound S d and also her cost in  Hilary term follow the say Edward may and Robert ken bring a writ of error in  the court of king bench in Ireland and assign general error and after several  continuances the say Katherine in Trinity term suggest that the say Edward may  one of the plaintiff in error be dead whereby the say writ of error abate and  that James may Esq be his son and heir and she take out a to know facias  against the say Robert ken and James may to revive the say judgement and have  the benefit thereof brown in Michaelmas term the say Robert ken and James may  appear and pray time till Hilary term then next to take out a writ of error  quod in person thou to sit back which be grant they sue out a writ of error  accord and in Michaelmas term the court of king bench affirm the judgement of  the court of common plea and award a writ of seize of the say dower and that  the defendant Katherine shall have execution as well for the sum mention in  the say judgement as for the value of her say three from the time of give the  say judgement which amount to pound S d and pound S d for her cost whereupon  in Hilary term follow the say James may and Robert ken bring a writ of error  in the court of king bench in England and after several argument the judgement  of the common plea in Ireland and the affirmance thereof in the court of king  bench in that kingdom and the award of the writ of seize of the say dower be  affirm in easter term of but the rest of the say judgement be reverse which no  way affect the merit or the right of the say Katherine to her dower and the  court order that the record shall be remit to the king bench in Ireland and  that the judge of that court shall issue a writ of inquiry to inquire of the  value of the say dower from the time of the say judgement of the court of  common plea in Ireland to the affirmance thereof in the king bench in that  kingdom on the and of November the say Robert ken and James may sue out a writ  of error returnable in parliament and assign the general error and the say  Katherine join in error but on the rd of may follow and before the cause can  be bring to a hear the say Robert ken die whereupon it be order by the house  on the and of may jour vol p that the record shall be remit to Ireland unless  the survive plaintiff in error and the representative of the say Robert ken  bring a new writ of error within two day of the then next session in January  the say James may the survive plaintiff in error prefer a petition to the  house for enlarge the time for bring a new writ of error which be refer to the  consideration of a committee but before any report can be make the say James  may die whereby the say writ of error abate and the house on the that of  January jour vol p be please to order that the record shall be remit to the  court of king bench in Ireland in Michaelmas term the say Robert Whitby and  Katherine his wife allege their marriage and that John ken be the son and heir  of the say Robert ken decease and that James may be the son and heir of the  say James may decease and on the that of November they take out a to know  facias against the say John ken and James may whereupon the sheriff return a  to know to make as to James may and a nothing et non be invention as to the  say John ken brown on the that of February follow a second to know facias  issue returnable in easter term then next whereupon the sheriff make the like  return as before and the say John ken and James may have make default the  court of king bench in Ireland in easter term give judgement that the say  Robert Whitby and Katherine his wife shall have seize of her say dower and  they award a writ of inquiry to see how much the same amount to from the time  of the say judgement in the court of common plea in Ireland to the affirmance  thereof in the king bench in the say kingdom brown er p upon this judgement  the say John ken and James may bring a writ of error in parliament which on  the that of march be declare to be null and void and the same be order to be  quash because the record can not be remove into parliament without pass  through the court of king bench in England jour vol p a writ of error be  accord bring returnable in that court and in Michaelmas term the judgement of  the court of king bench in Ireland be there affirm the proceed be now regular  a new writ of error be bring in parliament and on behalf of the plaintiff it  be say d rider I strange that by a act of parliament make in Ireland Ann  entitle a act for the more effectual prevent the take away and marry child  against the will of their parent or guardian it be inter alian enact that if  any person or person shall at any time after the saint day of November by any  subtle mean or secret insinuation and delusion threat or menace persuade or  procure the son and heir apparent or other son of any person or person have  land tenement or hereditament of the yearly value of pound or personal estate  of the value of pound or shall in manner aforesaid persuade or procure the old  son or any other son of any person decease to contract matrimony without the  privity or consent of the parent or guardian of such old or other son and such  matrimony he have as aforesaid before such son attain the age of year every  such person or person contract matrimony without the privity and consent of  such parent or guardian and in case there be no parent or guardian appoint of  the Lord chancellor Lord keeper or commissioner of the great seal for the time  be shall be and be hereby render incapable and for ever disable to sue for  recover or demand any dower three or any other part of the real or personal  estate of such son or son or claim or demand any jointure or other provision  out of the real or personal estate of such son or son make to or in trust for  her by any will deed or settlement whatsoever and it be insist that  notwithstanding the manner in which the special verdict be find the defendant  Katherine will be brown bar of her dower by virtue of this statute for it be a  remedial law and ought to receive such a construction as will extend the  remedy and prevent the mischief and though for form sake in plead it be  necessary to pursue the word of the statute and allege that the private  marriage be procure by subtle mean etcetera yet it seem evident that the  legislature intend they shall be presume from the private marriage without the  father consent and not otherwise to be prove because the accessary who only  can be suppose to have knowledge of the evil practice use to ensnare be by the  act subject to three year imprisonment and can not therefore be examine that  the private marriage of the heir within the age of without the father consent  and entitle to such a fortune as the law require be express find by the jury  the subtle mean etcetera by which it be procure be include and virtual find in  the affirmative and consequent the negative part of the verdict must be reject  as repugnant to the affirmative that if the negative part of this verdict  shall prevail it will be open a door to elude the statute by a accomplice only  swear that the clandestine marriage be of the young man own seek and desire on  the other hand if the negative part shall be reject the law will be true  remedial it will answer the end declare in its title and parent may then hope  to preserve their child from the great mischief which usual attend such  imprudent marriage when the temptation of dower be remove that the word such  in the act be not relative to the mean by which other bring it about but to  the person who marry infant and if the subtlety be requisite to constitute the  offence in they it will not have run every person contract matrimony but so  contract or contract in manner aforesaid to this it be short answer n  fazakerly W Murray that the verdict have express find that the defendant  Katherine do not persuade or procure the say John ken the young to contract  matrimony with her by subtle mean or secret insinuation delusion threat or  menace and therefore it must be take that he marry her voluntary and free in  which case she can not be say to have be guilty of any offence and consequent  there be no foundation to deprive her of the provision which the law have make  for her and this act be in the nature of a penal statute ought to be construe  strict especial in the case of dower which the law have always very much  favour brown er p after hear counsel on this writ of error it be order and  adjudge that the judgement give in the court of king bench in England affirm  the several proceed in the court of king bench and common plea in Ireland  shall be affirm and that the transcript of the record shall be remit to the  end execution may he have thereupon as if no such writ of error have be bring  into the house and it be further order brown that the plaintiff in error shall  pay to the defendant in error pound for their cost sustain by reason of the  bring of the say writ of error jour vol p