, testiculos,
qui calorem stupri induxerunt," &c. Fleta, L. 1. c. 40. 4. "Gif
theow man theowne to nydhed genyde, gabte mid his eowende:" "Si
servus servam ad stuprum coegerit, compenset hoc virga sua virili. Si
quis puellam," &c. Ll. Aelfridi. 25. "Hi purgist femme per forze
forfait ad les membres." Ll. Gul. conq. 19. In Dyer, 305, a man was
indicted, and found guilty of a rape on a girl of seven years old.
The court "doubted of the rape of so tender a girl; but if she had
been nine years old, it would have been otherwise." 14. Eliz.
Therefore the statute 18. Eliz. c. 6. says, "For plain declaration of
law, be it enacted, that if any person shall unlawfully and carnally
know and abuse any woman child, under the age of ten years, &c., he
shall suffer as a felon, without allowance of clergy." Lord Hale,
however, 1. P. C. 630. thinks it rape independent of that statute, to
know carnally, a girl under twelve, the age of consent. Yet 4. Bl.
212. seems to neglect this opinion; and as it was founded on the
words of 3. E. 1. c. 13. and this is with us omitted, the offence of
carnally knowing a girl under twelve, or ten years of age, will not
be distinguished from that of any other.
(* 19) I. Jac. 1. c. 11. Polygamy was not penal till the
statute 1.
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