IX. The other remaining offence, that of kidnapping, being the forcible abduction or ſtealing away of man, woman, or child from their own country, and ſelling them into another, was capital by the Jewiſh law. “He that ſtealeth a man, and ſelleth him, or if he be found in his hand, he ſhall ſurely be put to death[1].” So likewiſe in the civil law, the offence of ſpiriting away and ſtealing men and children, which was called plagium, and the offenders plagiarii, was puniſhed with death[2]. This is unqueſtionably a very heinous crime, as it robs the king of his ſubjects, baniſhes a man from his country, and may in it's conſequences be productive of the moſt cruel and diſagreeable hardſhips; and therefore the common law of England has puniſhed it with fine, impriſonment, and pillory[3]. And alſo the ſtatute 11 & 12 W. III. c. 7. though principally intended againſt pirates, has a clauſe that extends to prevent the leaving of ſuch perſons abroad, as are thus kidnapped or ſpirited away; by enacting, that if any captain of a merchant veſſel ſhall (during his being abroad) force any perſon on ſhore, or wilfully leave him behind, or refuſe to bring home all ſuch men as he carried out, if able and deſirous to return, he ſhall ſuffer three months impriſonment. And thus much for offences that more immediately affect the perſons of individuals.
