The Case of Fulwood
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1792 |
| Date | 01 January 1792 |
| Court | Court of the King's Bench |
English Reports Citation: 79 E.R. 1021
IN THE KING'S BENCH.
See S. C. Cro. Car. 482. 79 E. R. 1017 (with note).
[488] case 13. the case of fulwood. Ante, page 482. 484. Post. 493. [See S. C. Cro. Car. 482. 79 E. R. 1017 (with note).] On an indictment for forcible marriage, it is no excuse that the woman at first consented, if she afterwards refused, and was forced against her will. The defendant, on an indictment for forcibly taking a woman in one county and marrying her in another, may be found guilty in either county. Marriage by duress is a marriage within the statute. In " stealing an heiress," privies to the marriage are not within the Act, unless they are also parties to the force. An indictment on 3 Hen. 7. c. 2. need not alledge that the taking was with intention to marry or defile. Ante, 485. False Latin will not vitiate an indictment. Qu. If an indictment will lie on 3 Hen. 7. c. 2. for forcibly taking an heiress, unless either marriage or defiling ensues. Roger Fulwood, Richard Bowen, and Lady Fulwood were indicted by a jury of Surry; wherein was supposed, that the said Roger Fulwood, Richard Bowen, Lady 1022 MICHAELMAS TERM, 13 CAR. 1. IN B. R. CEO. CAR. 489. Fulwood, and others, upon the twenty-third of August, in the ninth year of Charles the First, at Southwark, in the county of Surry, violenter et felonice assaulted one Sarah Coxe, and her there took away by force and against her will; and the said Eoger Fulwood, the 23d of August the same year at Southwark, married her the said Sarah Coxe, by the abetment and procurement of the said Bowen and Lady Fulwood. Upon this indictment, being arraigned, they pleaded not guilty ; and now by a jury of the county of Surry they were tried; and upon evidence it appeared, that the said Sarah being an orphan, and having thirteen hundred pounds for her portion, was by force, with swords drawn, at Islington, in the county of Middlesex, taken away against her will by the said Roger Fulwood and Richard Bowen at eight of the clock at night, and put into a coach with the said Roger Fulwood and brought to the Strand-bridge, and from thence carried by water to the Bishop of Winchester's house; and the next day, being the 23d of August, upon pretence of shewing her the house, brought into the chapel, and, being there much in fear (as she pretended and gave in evidence ((t)), was married to the said Roger Fulwood, in the presence of the said Lady Fulwood his mother, and of the said Richard...
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