| Chap. 160.
18 El. 7.
P. Fel. 14. |
Felonies by Statute.
But unlawfully and carnally to know and abuse any
Woman Child
under the age of ten years, is felony; although such Child consents before,
Cromp. 47, and the Offender shall have no benefit of Clergy. |
393 |
13 Ass. 6.
Br. Cor. 77.
Stamf. 94.
Cromp. 35. |
Also to take away a Mans Wife with the Goods of
her Husband, whether
it be against her will, or against her Husbands will, seemeth to be felony
by the Statute of West. 2. cap. 34. the words thereof are,
De mulieribus
bonis viroruds suorum, habeat Rex sectam de bonis sic |
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2 Cor. 4.
35.
Stamf. 27. |
But if the Wife take her Husbands Goods, and so
goeth away voluntarily
with another Man, and with those Goods, or delivereth those Goods
to another Man, these two last cases seem not to be felony. |
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If any Woman be delivered of any Issue of her Body,
Male or Female,
which, if it were born alive, should by the Laws of this Realm be a Bastard,
and that she endeavour (privately, either by drowning, or secret burying
thereof, or any other way) so to conceal the Death thereof, that it may
not
come to light, whether it were born alive or not; but be concealed; in
every such case, the said Mother so offending, shall suffer Death as in
case
of Murther, except she can prove that the Child was born dead, 21 Jac.
cap. 27. |
§. 29.
Bastards. |
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Now the Mothers proof that her Child was born Dead,
must be by
Witnesses: And therefore, if the Mother will call for no help at
the time
of the Labour, but secretly be delivered, and then the Child be found
Dead, it is a strong presumption against her, that she murthered it; and
the rather, for that it is a received opinion, That if the Child were Dead
in her Body, she could not then be delivered without the help of some
others. ' Which opinion, notwithstanding some worshipful and grave
' Matrons have denied, and that of their own knowledge. |
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' If any in the night time maliciously or willingly
burn, or cause to be
' burned or destroyed, any Ricks or Stacks of Corn, Hay or Grain,
' Barns, other Out-houses, or Buildings, or Kilns, or kill or destroy any
' Horses or Sheep; it is felony, 22 & 23 Car. 2. |
§. 30.
Burning. |
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' If any Person that shall be Convict or Attaint
of that felony to avoid
' Judgment of Death, shall elect to be transported to any Plantation,
' Judgment shall be entred, That he shall be transported, and there remain
' seven years; and the Sheriff shall convey him, and imbark him
' for Transportation. And if he return within seven years, he shall
die as
' a Felon, 22 & 23 Car. 2. |
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' Upon Complaint, any three Justices of the Peace
(Quorum unus) may
' inquire by the Oath of twelve Men, and by Examination of Witnesses,
' or other ways, as they shall think fit concerning Offenders, and may
' issue out Warrants for summoning a Jury, and for apprehending the
' parties; and to take their Examination, and to call all such persons
as
' are likely to make discovery, and to examine them upon Oath; so as no
' person so examined, shall be proceeded against, or convicted for such
' Offence, touching which he is examined, and shall make a true discovery.
' And if any person, thought likely to make such discovery, shall refuse
to
' appear, or to be examined, he shall be sent to the Gaol without Bail,
until
' he shall submit to be examined. 22 & 23 Car. 2. |
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