case lady FULWOODS case ante page post see S C cro car e r with note a  indictment on Henry c must charge that the defendant take and carry away the  woman with intention to marry or defile her say vide post hale saint Tr hob  dalis Inst sum a indictment on Henry c must state the place and manner of take  and allege that the woman be marry or defile a indictment on Henry c must  express allege that the woman take away have land or good or be heir apparent  for the enact clause by make the offence to be the take of a woman so against  her will clear refer to the preamble to take a woman forcible away unless she  be afterward marry or defile be not felony the precedent of the court be  search and one case be find in easter term Henry roll among the plead of the  crown where Henry Sturges and Philip Sturges be indict for the take of one  Agnes Hobson against her will who croak car be the daughter and heir of John  Hobson who be seize of land to the value of twenty pound ayear and they plead  to the indictment that they ought not to answer because it be not allege in  the say indictment quod to take in hand ad thought to wed prediction agnetem  well ad prostituend c and they be discharge another record be show in Hilary  term Phil mary roll where Roger Thompson and Peter rewley be indict for that  they felonious do take Margaret Burton and Margery Burton daughter and coheir  of one Roger Burton decease and against their will c and they plead they ought  not to answer to the say indictment pro eastern quod non that this only is  apparent in quo loco nec quomodo they take the say daughter and because it be  not allege in the say indictment that the say Roger or Peter marry or defile  the say Margaret or Margery Ils alers sans jour note that Lord Hobart set down  a that one Bruton exhibit his bill in the starchamber against Edmund morris  for steal away his daughter he be seize of land and have good to the value of  five thousand pound and she be not his heir for he have a son and she be  entice away by friendship and then by force carry into Suffolk and there marry  and whether this be within the statute of Henry c be refer to the two chief  justice and to have the opinion of the other justice and they all upon perusal  of the statute and view of precedent resolve that it be not within the statute  for although they hold that the party be first take away with her own consent  and after by force carry into Suffolk from which time the forcible take begin  be forcible take away within the intent of this Act and although the word in  the purview seem to be general and to extend to all woman unlawful take  against their will yet consider that the preamble of the statute can be  conceive to be idle but must be intend to restrain the purview to the  particular case in the preamble mention that be to say that they shall be maid  widow or wife have their substance in land or good or otherwise heir apparent  that the motive be lucre and the end to be marry or defile and the purview  that what person or person shall steal away a woman so against her will  unlawful e it be conceive that this word so do imply and bind up the preamble  to the purview otherwise the word so be idle and may have be spare if it do  not declare the motive and the end of the action which in this case be lucre  and luxuriousness precedent be show in easter term Henry a indictment against  Hyelord and other and in Hilary term Phil mary against polley wherein no  mention be make that they be entitle to land or good or that they be heir  apparent but there be seven or eight precedent show wherein it be mention  croak car and in Lord Anderson report in Hilary term Elizabeth it be agree by  a Hobart croak car er p the justice that if a woman be take against her will  and enforce to contract herself in marriage yet be not marry it be no felony  but if she be marry or defile it be felony and there it be say that if the  take of such a woman and the marry or defile be in several county it be felony  compound of all the three part as stroke and death be but one murder residuum  postea page