Blackwood's Edinburgh Magazine, Volume 63, No. 391, May, 1848Various
General
Blackwood's Edinburgh Magazine, Volume 63, No. 391, May, 1848
Various
England -- Periodicals; Scotland -- Periodicals
straitly charged and required to be very diligent apprehending all
such persons as are faulty in this kind, either in stealing, selling,
buying, enveigling, purloining, conveying, or receiving children so
stolen, and to keep them in safe imprisonment till they may be brought
to severe and exemplary punishment. It is further ordered, that the
marshals of the Admiralty and the Cinque Ports do immediately make
strict and diligent search in all ships, and vessels upon the river,
and at the Downs, for all such children, according to such directions
as they have, or shall receive from the committee of the Admiralty and
Cinque Ports." The few reports we have of English cases of kidnapping
are too profusely dressed up with technicalities to permit us to see
the naked facts. Shower reports the case of Lees v. Dassigny, the 34th
of Charles II. An English common-law reporter never condescends to
know the year of the Christian era; he knows only that of the king's
reign, and if he had to mention the foundation of the Turkish empire,
he would mark it as the 28th Edward I.; while the discovery of America
would as undoubtedly be an event of the 8th Henry VII. When we turn to
our chronological tables, we find that the 34th of Charles II. means
the year 1682. How far the pleadings throw any light on the adventures
of the youth who had been kidnapped and sent abroad, the reader may
judge from a fair specimen:--"They sue an _homine replegiando_ in the
name of the young Turbett; and after an _alias_ and a _pluries_, they
get an _elongatus est per quendam Philippum Dassigny infra nominatum_.
This was to the Sheriff of London, whereas the defender never lived in
London, but at Wapping, in Middlesex," &c. The effect of the pleading,
of which this is the commencement, was, that the accused might be
bailed, "and on security to bring home the boy in six months, death
and the perils of the seas excepted, he was discharged on bail. In
Trinity term the boy came home, and being brought into court was
delivered to the father; but they never proceeded." Sir Thomas Raymond
gives us the further information, that the kidnapper was a merchant
trading to Jamaica, and that the victim "was a scholar at Merchant
Taylor's school, and a hopeful young youth."[11] An act of King
William's reign shows that the offence was still prevalent, by
imposing penalties on the masters of vessels leaving people behind in
"his Majesty's plantations or elsewhere." It appears to have been
almost solely for the foreign market that kidnapping was practised in
England. The cultivated and populous character of the country, the
power of the laws, and the perpetual vicinity of a kind of parochial
municipalities, probably rendered the forcible seizure and
imprisonment of individuals within the country too difficult and
dangerous an operation to have been frequently accomplished by force;
though the fatal facilities for confinement in lunatic asylums may
Public-domain text, read in full here on John Shaqi.
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