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THE TWENTY-THIRD EDITION:
With CORRECTIONS, ADDITIONS, and IMPROVEMENTS.
The Cases brought down to the End of Easter Term,

1 Geo. IV. 1820.
And the STATUTES to the 1 Geo. IV. 1820.

By GEORGE CHETWYND, Esq. M.P.

BARRISTER AT LAW,
AND CHAIRMAN OF THE GENERAL QUARTER SESSIONS OF THE PEACE

FOR THE COUNTY OF STAFFORD.

Dr. Burn has great merit: He has done great service, and deserves great
commendation. Per Lord MANSFIELD C. J.

Burr. S. C. 548,

IN FIVE VOLUMES.

VOL, V.

LONDON:
Printed by A. Strahan, Law-Printer to the King's Most Excellent Majesty:

For T. CADELL and W. Davies, in the Strand;
F, C. & J. RIVINGTON, St. Paul's Church-Yard, & Waterloo-Place;

JOSEPH BUTTERWORTH and Son, Fleet-Street ;
and Longman, Hurst, Rees, Orme, and Brown,

Paternoster-Row.

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iii

TABLE OF THE NAMES OF TITLES,

CONTAINED IN THE FIFTH VOLUME.

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Page

Page RAPE

1 Surety for the Peace 283 Recognisance

6 Surety for the Good BeRescue

10
haviour

293 Restitution of Stolen Goods 12 Swearing

307 Riot, Rout and unlawful Taxes

310 Assembly,—Training to

Assessed, ComArms, &c.

14 pounding for 436. 635 Rivers and Navigation 61.631

Thames

447 Robbery 68 Thread

ib, Sacrilege, &c. 85 Time

449 Schoolmasters 86 Tithes

ib. Seamen ib. Tobacco

458 Search Warrant 107 Torn

460 Servants 111.631 Transportation

461 Sessions 194. 633 Traverse

477 Sessions, Special 215 | Treason

481 Sewers ib. Treasure found

488 Sheep

216 Trespasses, Wilful, &c. 643 Sheriff • 220 Turnips

489 Ships 225 Vagrants

490. 646 Shire Hall

240
Warrant

532 Silks

ib. Watch and Ward 542.646 Slander

• 243 Weights and Measures . 545 Stage Coaches

244. 635
Wife

557 Stamps 258 Witchcraft

561 Stocks

273
Witnesses

562 Stock of Companies

274
Women

562. 661 Stocking Frames

Wood

566 Stores

275

Woollen Manufacture 586 Summons 282 Wreck

613

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Rape.

Ý I. What it is.

[6 R. 2. c. 6. – 18 El. c. 7.]
II. Evidence on an Indictment of Rape.

[3 Ed. 1. c. 13. – 13 Ed. 1. c. 34.
III. Punishment of Rape.
IV. Principal and Accessary.

19 Eliz. c. 7.]

1. What it is. RAPE is when a man hath carnal knowledge of a woman, by Rape, what.

force, and against her will. 2 Inst. 180. 1 Haw. c. 41. § 1. It having been doubted whether a rape could be committed 18 Elz. c. 7. upon a female child under ten years of age, the stat. 18 Eliz. c. 7. $ 4. § 4. “ for a plain declaration of the law,” enacts, “ that if any Knowing a person shall unlawfully and carnally know and abuse any woman

woman child child under the age of ten years, every such unlawful and carnal carnally. knowledge shall be felony, and the offender, being duly convicted, shall suffer as a felon, without allowance of clergy.'

The offence of a rape is no way mitigated by shewing that the Consenting at woman at last yielded to the violence, if such her consent were last. forced by fear of death or of duress. 1 Haw. c. 41. § 2.

Also, it is not a sufficient excuse in the ravisher to prove that Ravishing a the woman is a common strumpet ; for she is still under the

pro

common strumtection of the law, and may not be forced. 1 Haw. c. 41. & 2. pet.

Nor is it any excuse that she consented after the fact. i Haw. Consenting c. 41. $ 2.

after the fact. It appears at one time to have been thought, that the carnal The carnal knowledge of a child above the age of ten and under twelve knowledge of a years was rape, though she consented; twelve years being the child above ten age of consent in a female, and the statute Westm. 1. c. 13., which

and under

twelve years enacts, “ that none do ravish any maiden within age, neither by old, made a her own consent nor without,” being admitted to refer by the misdemeanor words, “ within age,” to the age of twelve years. It is, however, by stat Westm. now well established, that if the child be above ten years old, it is l. c. 13. not a felonious rape, unless it be against her will and consent. But children above that age, and under twelve, are still within the protection of this statute of Westm. 1. c. 13., the law with respect Phill. Ev. 20. to the carnal knowledge of such children not having been altered 4th edit. by either of the subsequent statutes of Westm. 2. c. 34, or 18 Eliz. c. 7. The statute, Westm. 1. c. 13., makes the deflowering a child above ten years old and under twelve, though with her own con. sent, a misdemeanour, punishable by two years' imprisonment, and fine at the king's pleasure.

VOL. V.

1 Russ. 810. 1 East's P. C. 436.

B

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