Thus much for the felony of mayhem: to which may be added the offence of wilfully and maliciouſly ſhooting at any perſon, which may endanger either killing or maiming him. This, though no ſuch evil conſequence enſues, is made felony without benefit of clergy by ſtatute 9 Geo. I. c. 22. and thereupon one Arnold was convicted in 1723, for ſhooting at lord Onſlow; but, being half a madman, was never executed, but confined in priſon, where he died about thirty years after.
II. The ſecond offence, more immediately affecting the perſonal ſecurity of individuals, relates to the female part of his majeſty's ſubjects; being that of their forcible abduction and marriage; which is vulgarly called ſtealing an heireſs. For by ſtatute 3 Hen. VII. c. 2. it is enacted, that if any perſon ſhall for lucre take any woman, being maid, widow, or wife, and having ſubſtance either in goods or lands, or being heir apparent to her anceſtors, contrary to her will; and afterwards ſhe be married to ſuch miſdoer, or by his conſent to others, or defiled; ſuch perſon, and all his acceſſories, ſhall be deemed principal felons: and by ſtatute 39 Eliz. c. 9. the benefit of clergy is taken away from all ſuch felons, except acceſſories after the offence.
In the conſtruction of this ſtatute it hath been determined, 1. That the indictment muſt allege that the taking was for lucre, for ſuch are the words of the ſtatute[1]. 2. In order to ſhew this, it muſt appear that the woman has ſubſtance either real or perſonal, or is an heir apparent[2]. 3. It muſt appear that ſhe was taken away againſt her will. 4. It muſt alſo appear, that ſhe was afterwards married, or defiled. And though poſſibly the marriage or defilement might be by her ſubſequent conſent, being won thereunto by flatteries after the taking, yet this is felony, if the firſt taking were againſt her will[3]: and ſo vice
