coke b doctor Hussey case Trin James in a ravishment of ware bring on stat W  cap against h and his wife and several other on not guilty plead the jury  acquit two and find the rest guilty of the ravishment and that the ware be  marry and that at the time of the marriage he be of sixteen and more and  within the age of twentyone c qy whether the verdict be insufficient and void  in not show who procure the ware to be marry and also in not show whether he  be marry before the ravishment or after at the commonlaw for ravishment of  ware the guardian may have have a action of trespass as well against a feme  covert as against a feme sole qy whether a action for ravishment of ware lie  upon stat W cap against a feme covert if after the ravishment the infant of  his own head post aged nubile marry himself without the procuration or assent  of the ravisher or if a stranger marry he the first ravisher shall not be  punish by stat W cap in a action of ravishment ground upon this statute damage  may be recover as well as the value of the marriage on the word in the statute  abjure kingdom well to have perpetuan prison the court may give judgement upon  which of the say two point the judge will SC Brownl hob Vid the entry   Ent nu  SC reverse on error in KB Bulstr roll Rep cro James in a ravishment of ware a  by stat car c the writ of ravishment of ware be take away as to land heid by  knight service c but not where there be a guardian in socage or appoint by  deed or will Vid a bring by Francis more Esq accord to the statute of W cap  against James Hussey Esq and Katherine his wife Robert Wakeman clerk John  Woodford and Cuthbert Clifford of the ravishment of John Horniold son and heir  of Ralph Horniold Esq be within age the defendant plead not guilty which issue  be try at the bar mich James and the plea begin Trinit James rot and be try in  absence Walmsley near gritudinem and of coke chief justice then be in the  starchamber and the jury find that the say Katherine Robertuset Johannes  Woodford fuer worthy of blame de raptuetabductions prd John Horniold prout prd  Franciscus superius vers eos to express grief etassident financial loss c et  custag S et beyond a swearer prd to say sum for sacrament suum quod prd  Johannes Horniold marry step forth whoever it be idem Johannes tempore  maritagii that to be tatis sexctecim annorumetamplius et infra tatem twenty et  One a year whoever it be maritagium prd John Horniold valet juxta yes valor  the same l and that the say James the husband of the say Katherine and  Cuthbert be not guilty and in arrest of judgement diverse point be move and  argue by the sergeant at bar in the term of saint mich hill pasch and the  principal point which be argue by the sergeant be if a feme covert be within  the statute of W cap or not and now this term it be argue by the justice and  it be argue coke a by foster and Warburton that judgement ought to be give as  well coke report b er p against the feme a Cr James Brownl Kelway f n b h roll  Rep Bulst Bulst hob a covert as against the other who be find guilty and their  principal reason be because at the b hob b commonlaw a feme covert be  punishable for ravishment of a ware and shall be fine and imprison for it and  damage shall be recover against her and levy upon her husband and after his  death upon the wife herself and the stat of W c c Inst c add but a great  penalty to the value of the marriage damage and cost imprisonment for two year  and if the defendant be not sufficient abjure reqnum velhabeant perpetuan  prison so that it never be the meaning of the maker of the Act to exclude a  feme covert out of the purview thereof who be punishable by action of trespass  at the a hob a commonlaw for which offence also her body at the commonlaw  shall be imprison and therefore they strong hold that a feme covert be within  the statute of Inst Merton c and within the statute of W c de malefact b hob  Inst b in to act sparingly for a feme covert for these offence be punishable  by the commonlaw and these statute add great punishment and in another manner  than it be at the commonlaw and they say that a feme covert be within the word  of the Act and it will be a great mischief if any construction shall exempt  her out of the penalty of this statute in such odious case as ravishment of  ware be and a action upon the statute of forcible entry upon the statute of c  hob h c c h lie against a feme covert as the book be in h so waste lie against  the husband and wife as it be hold in e so if a feme covert commit d hob    light b more Fitzherbert redisseizin Br redisseizin corn dig plead a d  redisseizin she shall be punish in a redisseizin h b f n b so cessavit lie  against husband and wife e who in Vita and many other case be put upon this  ground wherefore they conclude that judgement shall be give against all for  the value damage and cost and that the defendant to take in hand and it be  argue b the chief justice and Walmsley to the contrary that the plaintiff  shall have e hob e judgement upon this record against none of the defendant  and their argument be divide into four part what alteration the statute of W  cap have make if a feme covert be within the say statute if the verdict be  sufficient or not against any of the defendant if damage beside the value be  to be recover in a action of ravishment ground upon this statute as to the  first it be resolve by all that at the commonlaw for ravishment of ware the  guardian may have have a action of trespass in which the plaintiff shall  recover damage and the defendant shall pay a fine to the king and shall be  imprison until c and that such action lie against a f hob f feme covert as  well as against a feme sole and therefore where some book say that no writ of  ravishment of ware lie at the commonlaw it be true if it be mean of such  ravishment of ware which be in the register and in f n b for it be ground coke  b and form by the statute of W c but that in such case the guardian may have a  action of g   light a Br Tresp e b Inst hob g trespass be manifest in our book  ass p e a b e e a b r damage h kelw b a f n b h then come the statute of  Merton c by which it be enact and great punishment than the commonlaw inflict  de hredibus c contra peace way lead away well holding back seu marry ita to  will be quod whoever layman ind convict to be quod boy once such detinueri  abduxeri seu maritaveri To give back to make away with valor maritagii et pro  fault corpus he to take in hand ut imprisonetur c et hoc de hrede infra  fourteen aged existent and by the stat of W c it be provide de pveris male seu  young woman coke report a er p quorum maritagium ad once to stretch out  raptisetabductis si that who to seize and carry off non to have law in  maritagio although after a while restitual boy non marry well de maritagio to  give satisfaction to punish yet pro transgression per prison two a year et si  non to set up again well hredem post aged nubile maritaveri et de maritagio to  give satisfaction non to be able abjure kingdom well to have perpetuan prison  and this stat of W c have make a Inst a alteration the say stat of Merton do  not extend to heir female for before the age of b Inst   light b b b year the  male can not assent to marriage but the heir female at and therefore it be  take that the statute of Merton do not c Inst hob c extend to a heir female  and therewith agree the book in h a b and the Act of W by express word extend  to both for the word be de pveris male seu young woman the statute of Merton  do not extend to any of the clergy for the word be whoever layman ind convidus  to be c but the statute of W extend to all d Inst d for the word be si that  who rapueri law non to have without any restraint the statute of Merton do not  extend as appear before but when the heir be ravish within year within which  time the heir male can consent to marriage but now the statute of W extend to  a ravishment post aged nubile the word of the statute of Merton be v I lead  away well holding back the word of the statute of W be rapt seu holding back  the action give by the statute of Merton be the ancient writ of right of ware  as it be hold in e a b but the statute of W that act to shape in word e    light b e conception a new action the form of which be not at the commonlaw  the form of which appear special by the Act in process for in a writ of right  upon the statute of Merton he shall have but the ancient process at the  commonlaw but the statute of W give a more speedy process and that the death  of the plaintiff or defendant e   light b f shall not abate the writ the  statute of W give great coke a punishment than the statute of Merton do as  appear by the purview of both act and these be the most material alteration  that the statute of W have make as to the second point if a feme covert be  within the purview of the statute of W g Westminster cap Brownl Cr James roll  Rep Bulstr hob Bulstr Inst g the part thereof be consider which as to this  purpose stand upon four part si restitual boy non marry to punish yet pro  transgression per prison two a year if he marry the infant etde maritagio to  give satisfaction to punish yet per prison ut above si non to set up again et  to give satisfaction non to be able ubjurej kingdom well to have prison  imperpetuum si hredem post aged nubile maritaveri de maritagio to give  satisfaction non to be able abjure kingdom c ut above and this case be within  the last clause know that the h hob Cr James h feme covert have marry the  infant and be not able to I Cr James I satisfy for a feme covert have nothing  during the coverture wherewith she can satisfy but be disable by the law to  satisfy and forasmuch as the law have disable a feme covert to satisfy the law  will not for this disability inflict so great a punishment as perpetual  banishment or perpetual imprisonment id be to make away with sive native land  sive freedom et king hob   light a b Hardr king law non think ad impossible  send l hard   a   a   a c b a   b   light a l powerless excuse law e Coron if  a appeal b appeal of murder felony c abolish by stat Geo c b be bring against  a m hob Inst   b m femecovert or a monk and they be acquit the femecovert or  monk shall never have a writ to inquire of the abettor for by general word the  law will never enable any for his coke report b er p benefit who the law have  disable a strong the general law will never punish any so severe for not do of  that which the law itself have disable he to do so upon the statute of  marlebridge non liceat hujusmodi feoffatos to drive out if the lord a h c Inst  a villain be feoff the lord shall expel he for the general law will not do  wrong know to enable the villain against the lord and diverse other case be  put to the same effect as the case of ecclesiastical person in the four part  of my report f and other and b hob b e a b be cite by the chief justice know  that W bring a writ of ravishment of ware against the master of the hospital  of Burton S lazer and Robert de lee and Richard de la Fosse confreres of the  same hospital and there true sergeant for the defendant say sir this writ be  give by statute and of a certain form and it ought to be when the party  against who the writ be bring be such who by the law may have right to have  the ware but when the writ itself suppose any name in the writ to be such that  they can have right in the ware c wherefore this writ can be maintain coke b  to which sir William Herle chief justice of c b answer if the freres in aid of  the guardian take the infant in save the right of the hospital the freres have  in modus right because they be of the hospital wherefore answer out of which  case two thing be observe that every man shall be intend sufficient to satisfy  the plaintiff if the plaintiff do not pray that the jury may inquire of his  sufficiency and therewith agree c hob Ant b b c e a b r d Brownl hob d damag  but when it appear by the writ itself that any defendant be not able have  disability by law to satisfy there the difference appear because in the one  case it be apparent to the court and in the other not and therefore this case  be special and differ from the reason of all the case which have be put for  example from the case de malefactor in to act sparingly for there the purview  be general but the say Act be not so precise pen as the statute of W be for in  effect this Act have provide that none shall be punish by this Act but who by  possibility may satisfy at the time of the judgement for the word be et de  maritagio to give satisfaction non to be able and not to punish he by the law  for the disability which the law itself have make and in e hob Ant b b e e a b  r damage c the plaintiff pray that the jury may inquire of the defendant  sufficiency which will be to no purpose in this case because it appear to the  court that a femecovert at the time of the judgement be disable by the law and  therefore such rule be to be give in this case as sir William Herle give in  the like case in e in a writ of f   light a f mesne bring against the husband  and wife they make default at the grand distress upon which the plaintiff sue  proclamation and now at this day the proclamation be testify and the husband  and wife be demand and appear not for which the plaintiff pray they may be  forejudged Herle there be no reason that the wife shall be forejudged of her  seignory for the default of her husband and especial by your suit which you  have bring which be give by statute where you may have your suit at the  commonlaw and so in this case the plaintiff may have his remedy at the  commonlaw either by action of trespass against all who ravish or a writ de  valour maritagii against the heir himself and not upon this statute for the  good or land of the husband who be innocent be not to be liable by this Act  for the Act have express provide that for the insufficiency of the defendant  he shall be exile c and therefore the statute do not charge the husband in  this case for the statute be penal and personal to the coke a defendant  himself and so for the ravishment make by a monk his sovereign shall not  answer by force of this Act as to the objection which be make that he may have  judgement at the commonlaw know of damage and imprisonment and then the  husband shall be charge with the damage that be utter deny for two reason the  one that this action be ground upon the statute of W c and such writ in this  case be bring and be there form and therefore he ought to coke report b er p  have judgement accord to his original which be the foundation of the suit and  not to ground his writ upon the statute and to have judgement at the commonlaw  nec e turning a   b a e b the king bring a prohibition against the prior of  Woburne that where the king have recover in a quare hinder the defendant send  his frere to home with a appeal and sue there to avoid the judgement accord to  the statute of praemunire and upon not guilty plead all this be find against  the defendant and there for the king judgement be pray upon the statute new  make know e c in case of prmunire and it be adjudge he shall not have it  because the b Doctrin pl b judgement ought to be conformable to the original  and this suit be not bring accord to the statute but by a writ of prohibition  at the commonlaw and in e b in a c Br Tresp Br action sur Le stat Fitzherbert  action sur Le stat c general action of trespass against malefactor in park the  defendant be find guilty and the plaintiff pray judgement of double damage  three year imprisonment and to find surety never more to offend and if they do  not find surety that they may abjure the realm and although the statute give  no form action yet forasmuch as the action be bring general at the commonlaw  he can not have judgement upon the statute and therewith agree h a and many  other book as to the three point it be hold by the chief justice and walmesley  that the d   a Cr James Acc hob Brownl d verdict be insufficient for this  action be find upon the say statute and the statute extend only when the  ravisher marry the infant for the word be hredem post aged nubile maritaveri  so that inasmuch as the statute be so penal it shall not be extend but only  when the ravisher marry he and if after the ravishment the infant of his own  head post aged nubile marry himself without the procurement or assent of the  ravisher or if a stranger afterward marry he in these case the first ravisher  e hob e shall not be punish by this statute and in this case the jury have  find general quod predict Johannes Horniold marry step forth whoever it be  idem Johannes tempore maritagii that to be tatis sexdecim a year greater  number infra W atem twenty One a year which coke b verdict be not only  uncertain who procure he to be marry see the ravisher or any stranger or the  plaintiff himself or if the ware of his own head marry himself but be also  uncertain in the time when he be marry see before the ravishment or after and  therefore in the book of entry p p a to seize and carry off idem a maritavi c  contravoluntatem of the plaintiff vide h guard e a b e judgement c Acc and  therefore it be well say in e b a verdict ought to be such that the judge  ought clear to go to judgement and therefore verdict ambiguous and doubtful be  insufficient and void as in e a in debt a   light a Br inquest a against  executor they plead full administer and so nothing in their hand the jury find  that they have asset in their hand and do not say to what value and for this  uncertainty the verdict be hold insufficient and void as to the four point  although e damage and some other book be against it that no b Cr James wear  down b damage shall be recover yet forasmuch as it be hold in e b e e r damage  e h guard pasch h rot in the book f entry f and diverse other book with which  common experience agree it be resolve accord and the chief justice vouch a  ancient read upon the statute of W c that where the statute say c Inst c  abjure kingdom well to have perpetuan prison in the disjunctive that the  election shall be in the court to give judgement upon which of the say two  point the judge will and great reason for it may be the disposition and  quality of the defendant be consider it will be dangerous to the state to  banish he into foreign country coke report a er p