THE TWENTY-THIRD EDITION: 1 Geo. IV. 1820. By GEORGE CHETWYND, Esq. M.P. BARRISTER AT LAW, FOR THE COUNTY OF STAFFORD. Dr. Burn has great merit: He has done great service, and deserves great Burr. S. C. 548, IN FIVE VOLUMES. VOL, V. LONDON: For T. CADELL and W. Davies, in the Strand; JOSEPH BUTTERWORTH and Son, Fleet-Street ; Paternoster-Row. iii TABLE OF THE NAMES OF TITLES, CONTAINED IN THE FIFTH VOLUME. Page Page RAPE 1 Surety for the Peace 283 Recognisance 6 Surety for the Good BeRescue 10 293 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 240 532 Silks ib. Watch and Ward 542.646 Slander • 243 Weights and Measures . 545 Stage Coaches 244. 635 557 Stamps 258 Witchcraft 561 Stocks 273 562 Stock of Companies 274 562. 661 Stocking Frames Wood 566 Stores 275 Woollen Manufacture 586 Summons 282 Wreck 613 O ib. Rape. Ý I. What it is. [6 R. 2. c. 6. – 18 El. c. 7.] [3 Ed. 1. c. 13. – 13 Ed. 1. c. 34. 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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