s. 3 Female per son and heir, out consent, &c. s. 4. woman descend, go, and remain to such person as the same would have done if this act had never been made. And by s. 3. if any person shall, by any subtle means, or secret insinuations and delusions, threats or menaces, persuade or procure the son and heir apparent, or other suading, &c. son of any person having lands, &c. of the yearly value &c. to marry of £50. or personal estate of the value of £500. or shall before 21, within manner aforesaid, persuade the eldest or other son of disabled to demand dower, G. any person deceased, to contract matrimony without the privity or consent of his parents or guardians, and such matrimony be had as aforesaid before such son attain his age of 21 years; such person contracting matrimony without the privity and consent of such parent or guardian, and in case there be no parent or guardian, then of the lord chancellor, shall be incapable and disabled to sue for, recover, or demand any dower, thirds, or other part of the real or personal estate of such son, or any jointure or other provision out of the real or personal estate of such son, made to or in trust for her by any will, deed, or settlement. By s. 4, all persons who shall be accessaries, aiders, abettors, or procurers, before the Accessaries how punished. fact, in the several offences before mentioned, shall suffer 3 years imprisonment. And by s. 5. if any person shall take upon him to celebrate any marriage of any Clergyman cesuch person without such consent as aforesaid, and be lebrating such marriages, how thereof lawfully convicted, such person, being a bene- punished. ficed clergyman, shall be immediately after such con1 viction, ipso facto, deprived of all his livings and ecclesiastical preferments; nevertheless no lapse shall incur until 6 months after notice given to the respective persons of such conviction; and such clergyman shall, from such conviction, be incapable of any spiritual preferment or promotion, or of receiving any benefit thereby; and every offender so convicted shall be transported as persons exercising foreign jurisdiction, and popish regulars, are appointed to be transported and if such person shall return into this kingdom, he shall suffer as persons exercising foreign jurisdiction, and popish regulars transported, and after returning into this kingdom, are subject unto. And by s. 6. if any po ish priest shall cele brate 3. 5. s. 6. s. 4. Ir. Penalty for marrying per sons under the age of 21 entitled to certain fortunes. Popish priest brate the marriage of any persons contrary to this celebrating such act, he shall be adjudged a popish regular, and suffer marriages, how punished. all the pains, penalties, and forfeitures of a popish 9 Geo. 2. c.11. regular. The 9 Geo. 2. c. 11. Ir. which has been already in part stated (vol. 1. p. 404-5.) further enacts, that if any person of the full age of 21 years shall marry, or contract to marry, any person under the said age, without consent of the father (if living) in writing under his hand, or (if dead) of the guardian had in the same manner, or of the lord chancellor in case no guardian be appointed, such person so marrying or contracting to marry, shall forfeit £500. in case the person so married or contracted to be married, when under the age of 21 years, shall be possessed of or entitled unto real or personal estate of the value of £10,000.; but if the estate be not of such value, then the person (being of full age) so marrying, &c. a person under said age, shall forfeit only £200.; which sums shall be recovered by bill, plaint, or information, in any court of record; and one moiety of said forfeitures shall be to the king, and the other to him who shall sue for the same; and if any person being of full age, shall be legally convicted in any such suit of marrying or contracting to marry a person under said age of 21 years, he shall be imprisoned in the common gaol of the county or place where such offence is committed, for one year. Provided (s. 5.) that no s. 5. §3. j. X I. Limitation for such forfeiture or penalty shall be incurred, unless the prosecutions. prosecution be commenced within a year after the fact. III. With respect to the crime of rape: The 3 Edw. 1. Punishment for c. 13. E. & I. (which is not wholly superseded in England ravishing a child under age. by the subsequent statutes) provides, that none shall 3 Edw. 1. c.13. ravish or take away by force any maiden within age, neither by her own consent, nor without, nor any wife or maiden of full age, nor other woman against her will; and if any do, at his' suit that will sue within 40 days, the king shall do common right, and if none commence his suit within 40 days, the king shall sue; and such as be found guilty, shall have 2 years imprisonment, and after shall fine at the king's pleasure; and if they have not whereof, they shall be punished by longer imprisonment, according as the trespass requir eth Rape made 18 Eliz. c. Eng. taken away. s. 4. under 10 years, eth. But by the 13 Edw. 1. st. I. c. 34. E. & I. if a ́ man 13 Edw. 1.st. 1. do ravish a woman married, maid, or other, where she c. 34. E. & 1. did not consent either before or after, he shall have judgment of life and of member. And likewise where a felony. man ravisheth a woman married, lady, damsel, or other, with force, although she consent after, he shall have 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 Eliz. c. 7. Eng. further enacts, that if any person commit any manner of felonious rape or ravishment, and be found guilty by verdict, or be outlawed, or upon ar- Benefit of clergy raignment shall confess the same, he shall suffer death, and forfeit as in cases of felony without benefit of clergy. And for plain declaration of law, this statute enacts (s. 4.) that if any person shall unlawfully and carnally know and abuse any woman-child under the age of 10 Rape on child years, he shall be guilty of felony without benefit of a capital felony. clergy. The 11. 12 & 13 Jac. 1. c. 3. Ir. also enacts, 1† 12&13Jac.1 that if any person shall commit any felonious rape or c. 3. ir. ravishment of any maid, wife, widow or damsel; and being indicted or appealed of such felony, and found felony. 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 enacts (s. 2.) that if any person shall unlawfully have s. 2. Ir. carnal knowledge of any female child under the age of Carnal knowledge of a child 12 years, though with her consent, he shall suffer as felon, without benefit of clergy. It is a provision of the 23 Geo. 2. c. 11. Ir. that if any school-master of any charter or charity school, shall have carnal knowledge of any female child above the age of 12 years under his School masters, &c. having carcare, or if any school-master or school-mistress shall not knowledge of consent or be privy to any other person so doing, he or she being convicted thereof at the assizes, shall be 3 punished. times publicly whipped, upon 3 several market days, a Rape a capital Ann. c. 6. under 12 years, capital felony. n 23 Geo. 2. c.11. s. 9. Ir. children under their care, how VOL. II. 30 at The 3 Edw. 1. c. 13. supra, is therefore altogether superseded in Ireland. § 5. Buggery a ca pital felony. 25 Hen. 8. c. 6. Eng. 5 Eliz. c. 17. Eng. 10 Car. 1. st. c. 20. Ir. $ 6. 2. Punishment of 'c. 5 Eliz. C. 4. s. 21. Eng. at noon, in the county-town where such person shall be convicted. V. The 25 Hen. 8. c. 6. Eng. (revived by the 5 Eliz. c. 17. Eng.) enacts, that the detestable and abominable vice of buggery, committed with mankind or beast, shall be adjudged felony, and such order and form of process be therein used, as in cases of felony at common law; and the offenders being hereof convict by verdict, confession, 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. VI. Several statutes relating to the head of assault and battery, have been already stated in the preceding Servant assault- pages* of this volume and others also will be found uning his master, der the titles "larceny" and "malicious mischief" in a subsequent chapter. It is a provision of the 5 Eliz. c. 4. Eng. which may be here stated, that if any servant, workinan, or labourer, shall wilfully or maliciously make an 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 justices, or the mayor or other head officer of the city or town corporate where the said offence is committed, by confession, or oath of 2 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 the corporation, shall think convenient for the quality of the offence. $ 7. VII. The 43 Eliz. c. 13. Eng. which was passed to restrain the offence of false imprisonment, amongst others, * Vide r• 93. 466. 577. 659, 660. 679-3-8. 681-6. 691-4. then 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. which may be also referred to the head of false imprisonment has 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. a 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. 467. 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 Individuals. THE 9 Geo. 1 c. 22. Eng. (ante p. 624.) contains a clause relating to the crime of arson, which is to be here § 1. referred to. Arson a capital And the 4 & 5 Ph. & M. c. 4. Eng. had felony. previously enacted, that any person who shall maliciously 9 Geo. 1. c 2o. s. 1. Eng. command, hire, or counsel any person wilfully to burn 4 & 5 Pb. & M. any dwelling-house, or any part thereof, or any barn c. 4 Eng. then having corn or grain in the same, and being out- Accessaries guilty capitally. 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 |