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eth. But by the 13 E6w. 1. st. 1. c. 34. E. & I. if a man ,3 a,, ,,,, do ravish a woman married, maid, or other, where she c-34> E- & '• did not consent eitlier before or after, he shall have #„,„,„,„/, judgment of life and of member. And likewise.where a ieU">iiman ravisheth a woman married, lady, damsel, or oilier, with (force, although she consent after, he shall liave such judgment as before is said, if he be attainted at the king's suit, and there the king shall have the suit. And the 18 F.liz. c. 7. Eng. further enacts, that if any person js F.iiz. c. 7. commit any manner of felonious rape or ravishment, and be found guilty by verdict, or be outlawed, or upon ar- Benefit orderly raignment shall confess the same, he shall surfer death, and forfeit as in cases of felony without benefit of clergy. And for plain declaration of law, this statute enacts (s. J*.} that if any person shall unlawfully and carnally «•+• know and abuse any woman-child under the age of 10 „%^0 years, he shall be guilty of felony without benefit ofa capitatjeiuny. clergy. The II. 12 & 13 Jac. 1. c. 3. Ir. also enacts, ,, 19kl3J(lca that if any person shall commit any felonious rape ore-3. ir. ravishment of any maid, wife, widow or damsel; and be- „ . ,

, Ripe a capital

ing indicted or appealed of such felony, and found ftUmy. guilty by verdict, or shall confess the same upon his arraignment, or will not answer directly, according to law, or shall wilfully or of malice stand mute, or shall peremptorily challenge above 20 jurors, or shall be outlawed upon such indictment, he shall suffer death without benefit of clergy. And the 9 Ann. c. 6. Ir. further 9 Ann. c.6. enacts (s. 2.) that if any person shall unlawfully liave s- im Ircarnal knowledge of any female child under the age of Canal know

«. i i • i i i i ii rr Mite ui a rltil&

12 years,* though with her consent, he shall suiter as a „„,/«■ Hj „«„, felon, without benefit of clergy. It is a provision of the "c"i"",l-ftl""v23 Geo. 2. c. 11. Ir. that if any school-master of any->!f!e" 2c"charter orcltarity school, shall have carnal knowledge of any female child above the age of 12 years under his School ma$ten,

•f Ii Ii* i Ii &c. having cur*

care, or it any school-master or school-mistress shall m,ikm.wi«i-eof consent or be privy to any other person so doing, he or ^f/^,,'"^ she being convicted thereof at the assizes, shall be 3 p<">"A«'times publicly whipped, upon 3 several market days, Vol. II. -3 o at

• Tk*3 Ertw. 1. c. 13. mprq, it, therefore altogether superseded in Ireland.

at noon, in the county-town where such person shall be

convicted. , 5 V. The 25 Hen. 8. c. 6. Eng. (revived by the 5 Eliz.

Bvfgery ara- c- 17- E»g) enacts, that the detestable and abominable pitai/ctony. vjce 0f buggery, committed with mankind or beast, shall Kns.en ° be adjudged felony, and such order and form of process 5 Eliz. ci7. be therein used, as in cases of felony at common law; ,nr" , . ■> and the offenders being hereof convict by verdict, con

10 Car. 1. St. 2. o j'

K.'iO.U. fession, or outlawry, shall suffer death, and loss of

lands, &c. goods, &.c. without benefit of clergy: And the

justices of peace shall have power to hear, &c. the same,

as in cases of other felonies. The 10 Car. 1. st. 2. c. 20.

Ir. is the corresponding statute in Ireland.

< g# VI. Several statutes relating to the head of assault

and battery, have been already stated in the preceding

wvantZtuii- pages* of this volume: and others also will be found un

in? his muter, ^er tHe titles " larcenv" and "malicious mischief" in a


_.. . subsequent chapter. It is a provision of- the 5 Eliz. s. 21. Eng. c. 4. Eng. which may be here stated, that if any servant, workman, or labourer, shall wilfully or maliciously make au assault upon his master or mistress, or upon any other having charge or over-sight of such servant, &c. or of the work wherein he is hired to work, and shall thereof be convicted before any 2 j ustices, or the mayor or other head officer of the city or town corporate where the said offence is committed, by confession, or oath of y2 witnesses, he shall suffer-imprisonment for a year or less, by the discretion of 2 justices out of a town corporate, and, if within a town 'corporate, of the mayor or other head officer, with 2 others of the discreetest persons of said corporation; and if the offence shall require further punishment, then to receive such other open punishment, so as it extend not to life or limb, as the justices in sessions, or the mayor or other head officer, and 6 or 4 at least of the discreetest persons of tUe corporation, shall think convenient for the quality of the offence. * 7_ VII. The 43 Eliz. c. 13. Eng. which was passed ta

restrain the offence of false imprisonment, amongst others,

then • Hde p. 53. 4C6. j"7. 65<\ C60. C:9-3-8. 681-6. 691-4,

then of late years committed by robbers and spoil-takers upon the borders of Scotland, relates only to the counties of Cumberland, Northumberland,- Westmorland, and the bishoprick of Durham, and is therefore omitted. The 7 Ann. c. 12. Eng. winch may be also referred to the head of false imprisonment lias been already stated in the chapter which treats of offences against the law of nations, ante p. 464. And the clauses of the habeas corpus act (31 Car. 2. c, 2. s. 12. Eng. ante vol. 1. chap. 1.) which respect imprisonment beyond the seas, and the clause of the 11 &. 12 W. 3. c. 7. Eng. ante p. 407. which restrains the masters of merchant ships from forcing men on shore, or leaving them behind, are to be here also referred to, though these clauses of the 31 Car. 2. and 11& 12 W. 3. may be also considered as referable to the head of kidnapping.

Chap. Xiii.

Of Offences against the Habitations of

L HE 9 Geo. I c. 22. Eng. (ante p. 624.) contains a clause relating to the ciime of arson, which is to be here * *• referred to. And the 4 & 5 Ph. & M. c. 4. Eng. had 'fr'/TM°c"l'"a previously enacted, that any person who shall maliciously 90a l.e 22. command, hire, or counsel any person wilfully to bum8'' r\

* t 4Sc 5 Pl>.« M.

any dwelling-house, or any part thereof, or any barn c. 4 Kng. then having corn or grain in the same, and being out- Acntmwt

Do o %uilly cayitatiy.

lawed thereof, or arraigned and found guilty, or otherwise lawfully attainted or convicted of the same offence; or being arraigned do stand mute, or do challenge peremptorily above 20 persons, or will not answer directly to 3 O 2 such such offence, shall not have the benefit of clergy. And 48,e,43 Geo. 3. c. 53. E. & !. further enacts, that if any person shall wilfully, maliciously, and unlawfully, set What shall In fire to any house, barn, granary, hop-oast, malt-house, stable, coach-house, out-house, mill, ware-house, or shop, whether such house, &c. shall then be in the possession of the person so setting fire to the same, or in the possession of any other person, or of any body corporate, with intent to injure or defraud his majesty, or any of his majesty's subjects, or any body corporate,* such offender, his counsellors, aiders, and abettors, knowing of and privy to such offence, shall be guilty of felony without benefit of clergy. I shall follow Sir W. Blackstonc in reserving for the head of " malicious mischief" in a subsequent chapter, several statutes which also relate to the crime of arson. But the following «Ann,c.3i. clause of the 6 Ann. c. 31. Eng. may be here slated. This statute enacts (s. 3.) that if any menial or other serSnvants selling vant, through negligence or carelessness, shall fire, or thToughn"fgii- [fcause to be fired] any dwelling-house, or out-house, genu, how pun- sac\i servant, being convicted by the oath of a witness, t" Occasion before 2 justices of peace, shall forfeit [Ji"l00. unto the in^GeoTity church-wardens of the parish where such fire shall haplr- pen, to be distributed amongst the sufferers by such fire,

in such proportions as to the church-wardens shall seem just;} and in case of default or refusal to pay the same immediately after such conviction, the same being lawfully demanded by said church-wardens, such servant shall, by warraivt of 2 justices of peace, be committed to some work-house or house of correction, as the said justices shall think fit, for 18 months, there to be kept

*Oo. l.c-5. to hard labour. The 2 Geo. 1. c. 5. Ir. has followed «. ^.b. . .


• Burning buildings with intent to prejudice persons who have hecoinr insurers of >rupon the same, isoneof the mischiefs which this act (asappear* from its preamble,) was iutemJed to remedy.

f £j0. unto the church-wardens of the parish where such Are •shall happen, to be distributed by the grand jury at the next quarter sessions of the peace for the county where such fire shall happen, amongst the sufferers by such fire, as such grand jury shall think lit." in 2 Geo. 1. c. 5. Ir.

this clause of the 6 Ann. with such deviation as is noted in the margin.

II. With respect to burglary, and its punishment, the r 2 18 Eliz. c. 7. Eng. enacts (s. I.) that every person being Burgimyncafound guilty, outlawed, or confessing any burglary, (or£"«'>k«j. by die 3 W. & M. c. 9. s. 2. standing mute, or not answer- s. i. E,,g ing directly, or challenging peremptorily above 20 jurors,) shad sutler death, without benefit of clergy. And by the 3 3 w. & M <-.?. W.&, JVI.c. 9.s. 1. Eng. every person wlio shall counsel, hire, *'l & 2' En*" or command any jiersoli to commit any burglary, being jaxuarits. sec. ibereof convicted or attainted, or being indicted thereof, ««'''? •»/"«% shall stand mute, or will not directly answer to the indictment, or shall peremptorily challenge ai'ove 12 of the jury, shall not have the benefit of his clergy. And the 5 Ann. c. 31. s. 5. Eng. {ante p. 588.) makes it a fe» 5 Ann.c. si. lony to receive, harbour, or conceal burglars. To re-' ' n?'

Felony to har

niove certain doubts with respect to the manner of com- u,ur burglars.

miuing burglary, the 12 Ann. st. I. c. T. s. 3. Eng. de- 19,Ann3'8!:''

clares and enacts, that if any person shall enter into the

mansion or dwelling-house of another, by day or \,y Brfaking out <tf

night, without breaking the same, with an intent to burglary,

commit any felony, or being iu such house shall commit

any felony, and shall, in the nighttime, break the said

house to get out of the same, such person shall be guilty

of burglary, and be ousted of the benefit of clergy, as

if such person had broke and entered the said house in

the night-time with an intent to commit felony. The

11. 12 & 13 Jac. 1. c. 3. Ir. enacts, that if any person

I l.l.'i I .'.'.Jac. 1

shall commit any felonious burglary, and being indicted c. 3. ir. or appealed thereof, and thereupon found guilty by ver

,. 1 11 <• 1 1 • • Pr'mipahi*

diet, or shall confess the same upon his arraignment, or i„,-,./a,-V( „„,//y

will not answer directly, or shall wilfully or of malice <"tUalli

stand mute, or shall peremptorily challenge above 20

jurors, or shall he outlawed upon the same indictment,

he shall surlier death without benefit of clergy. And the

S W. 3. c. 7. Ir. contains a clause corresponding to the 9 w. 3. c. i,

3 W. & M. c. 9. s. 1. Eng. supra. And the 8 Ami. Ir"

c 8. Ir. as already observed [ante p, 595.) contains a Andaccasmiu

clause corresponding to the 5 Ann. c 31. s. 5. Eng. "'*'

„ . j 8 Ann.c. 8.

But no Irish statute contains any provisions correspond- ir. ingt* the 12 Ann. St. 1. c. 7. supra.


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