Page:Ruffhead - The Statutes at Large, 1763.djvu/91

CAP. XII.
The Punishment of Felons refilling lawful Trial.

^{[1][2][3][4][5][6] [7]}"It is provided also, That notorious Felons, and which openly be of evil Name, and will not put themselves in Enquests of Felonies, that Men shall charge them with before the Justices at the King's before the Justices at the King's Suit shall have strong and hard Imprisonment, as they which refude to dtand to the Common Law of the Land. But this is not to be understood of such Prisoners as be taken of light Suspicion.

1. Dyer 205
2. Kel. 70.
3. 8 H. 4. 2.
4. 4 Ed. 4. 11.
5. 14 Ed. 4. 7.
6. 21 Ed 3. 8. Fitz Coron.233, 283, 359.
7. 2 Inst. 177.

The Punishment of him that doth ravish a Woman.

^{[1][2][3][4][5]}And the King prohibiteth that none do ravish, nor take away by Force, any Maiden within Age (neither by her own Consent, nor without) nor any Wise or Maiden of full Age, nor any other Woman against her Will; (2) and if any do, at his Suit that will sue within fourty Days, the King shall do common Right; (3) and if none commence his Suit within fourty Days, the King shall sue; (4) and such as be found culpable, shall have two Years Imprisonment, and after shall fine at the King's Pleasure; (5) and if they have not whereof, they shall be punished by longer Imprisonment, according as the Trespass requireth.^[6][7][8][9]

1. 22 Ed. 4. 22.
2. Co. Lit. 123. b
3. 2. Inst. 180.
4. 12 Co. 37.
5. Hob. 91.
6. Altered by 13 Ed. 1. Stat 1. c. 34. which makes it Felony.
7. And farther, by 6 R. 2.stat. 1. c. 6. which ordains the Penalties where a Woman consents.
8. And see 18 Eliz. c. 7. which takes away Clergy from this Offence
9. Likwise the 4th Sect, of the same Stat, which makes it Felony without Clergy to have carnal Knowledge of a Woman Child under ten Tears of Age.

CAP. XV.
Appeal against the Principal and Accesary.

^{[1][2][3][4][5][6]}And forasmuch as it hath been used in some Counties to outlaw Persons being appealed of Commandment, Force, Aid or Reciept within the same time that he which is appealed for the Deed, is outlawed;" It is provided and commanded by the King, That none be outlawed upon Appeal of Commandment, Force,. Aid, or Receipt, until he that is appealed of the Deed be attainted, so that one like Law be used therein through the Realm: ^[7](2) Nevertheless he that will so appeal, shall not, by reason of this, intermit or leave off to commence his Appeal at the next County against them, no more than against their Principals, which he appealed of the Deed; ^[8][9] but their Exigent shall remain, until such as be appealed of the Deed be attainted by Outlawry, or otherwise.

1. Co. 1. 9. f. 119.
2. Plowd. 97.
3. 2 R. 3. 21.
4. 9 H. 7. 19.
5. 20 Ed. 4. 7.
6. 7. H. 4. 36.
7. Fitz. Coron, 10, 12, 13.
8. Rast. pla. f. 42, 47, 48.
9. 2. Inst. 102

CAP. XV.
Which Prisoners be mainpernable, and which not. The Penalty, for unlawful Bailment.

What sort of Offenders be not mainpernable

1 Roll. 134, 192,268"And forasmuch as Sheriffs, and other, which what sort of have taken and kept in Prison Persons detected Offenders be of Felony, and incontinent have let out by Replevin such as were not replevisable, and have kept in Prison such as were replevisable, because they would gain of the one party, and grieve the other;Bro. Mainprise. 11, 56, 78.(2) and forasmuch as before this Time it was not determined which Persons were replevisable, and whichnot