Page:Ruffhead - The Statutes at Large, 1763.djvu/147

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A.D. 1285.
Anno decimo tertio Edwardi I.
Stat. 1.
101

CAP. XXXIV.
It is Felony to commit Rape. A married Woman elopeth with an Advouterer. The Penalty for carrying a Nun from her House.

It is Felony to ravish a Woman.IT [1]is provided, That if a Man from henceforth do ravish a Woman married, Maid, or other, where she did not consent, neither before nor after, he shall have Judgement of Life and of Member. (2) And likewise where a Man ravisheth a Woman married, Lady, Damosel, or other, with Force, although she consent after, he shall have such Judgement as before is said, if he be attainted at the King's Suit, and there the King shall have the Suit. (3) And of Women carried away with the Goods of their Husbands, the King shall have the Suit for the Goods so taken away. If a Wife do elope with an Advouterer, she shall forfeit her Dower.(4) [2]And if a Wife willingly leave her Husband, and go away, and continue with her Advouterer, she shall be barred for ever of Action to demand her Dower, that she ought to have of her Husband's Lands, if she be convict thereupon, except that her Hussband willingly, and without Coertion of the Church, reconcile her, and suffer her to dwell with him; in which Case she shall be restored to her Action. Taking away of a Nun.(5) [3]He that carrieth a Nun from her House, although she consent, shall be punished by three Years Imprisonment, and shall make convenient Satisfaction to the House from whence she was taken, and nevertheless shall make Fine at the King's Will.[4]

See 6 R. 2. c. 6. for the Penalty of the Man and Woman where the Woman consents. And 18 Eliz. c. 7. which takes away Clergy from Offences of Rape. Likewise the 4th Sect. of the same stat. which makes it Felony without Clergy to have carnal Knowledge of a Woman Child under the Age of ten Years.

  1. ↑ 3 Ed. 1. c. 13.
  2. ↑ 1 Inst. 32.
  3. ↑ This Clause is obsolete by the 31 H. 8. c. 13. for the Dissolution of Monasteries.
  4. ↑ Regist. 57.; 2 Roll. 247.; 9 Ed. 4. f. 26.; Bro. Coron. 203.; Dyer 256.; Fitz. Dower, 41, 72, 94, 119, 153.; Fitz. Act. sur le stat. 12, 37.


CAP. XXXV.
In what Cases do lie a Writ of Ravishment of Ward, Communi Custodia, Ejectione, &c.

The Punishement of him that taketh away a Ward.COncerning [1]Children Males or Females (whose Marriage belongeth to another) taken and carried away, if the Ravisher have no Right in the Marriage, though after he restore the Child unmarried, or else pay for the Marriage, he shall nevertheless be punished for his Offence by two Years Imprisonment; (2) and if he do not restore, or do marry the Child after the Years of Consent, and be not able to satisfy for the Marriage, he shall abjure the Realm, or have perpetual Imprisonment; A Writ of Ravishment of Ward.(3) [2]and thereupon the Plaintiff shall have such a Writ:

Si A. fecerit te securum de clamore suo, &c. tunc pone per vadium, &c. B. quod sit coram justiciariis, &c. ostensurus, quare talem hæredem infra ætatem existentem, cujus maritagium ad ipsum pertinet, tali loco inventum rapuit & abduxit contra voluntatem ipsius A. & contra pacem nostram, &c.

(4) And if the Heir be in the same County, then this Clause must be thereto added:

Et diligenter inquiras, ubi ille hæres sit in balliva tua; & ipsum (ubicunque fuerit inventus) capias, & salvo & secure custodias, ita quod eum habeas coram præfatis justiciariis nostris ad præfatum terminum, ad reddendum cui prædictorum A. vel B. reddi debeat.

Process against an Offender.(5) And Suit shall be made against the Party on whom Complaint is made, until he come in by Distress, if he have whereby he may be distrained; or else for his Contumacy, in case he be not justifiable, he shall be outlawed. (6) And if percase the Heir
  1. ↑ 2 Inst. 433.; 3 Inst. 171.; Fitz. Gard. 18, 25, 29, 30, 31, 32, 118, 121.; Fitz. Judgm. 102, 116, 123, 150, 157, 172, 204.; Bro. Ravishment, 33.; Co. Lit. 136. b.; Hob. 93.; 1 Roll. 445.; 2 Roll. 354.
  2. ↑ Regist. 163.; 9 Co. 71, 74.; Fitz. Brief, 823.; Rast. 390.; 3 Bulstr. 275, 278, 281.

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