Page:William Blackstone, Commentaries on the Laws of England (4th ed, 1770, vol IV).djvu/223

Ch. 15. “Si enim ipi raptores metu, vel atrocitate poenae, ab hujumodi facinore e temperaverint, nulli mulieri, ive volenti, ive nolenti, peccandi locus relinquetur; quia hoc ipum velle ''mulierum, ab inidiis nequiimi hominis, qui meditatur rapinam, inducitur. Nii etenim eam olicitaverit, nii odiois artibus circumvenerit, non faciet eam velle in tantum dedecus ee prodere.''” But our Englih law does not entertain quite uch ublime ideas of the honour of either ex, as to lay the blame of a mutual fault upon one of the trangreors only: and therefore makes it a neceary ingredient in the crime of rape, that it mut be againt the woman's will.

was punihed by the Saxon laws, particularly thoe of king Atheltan, with death: which was alo agreeable to the old Gothic or Scandinavian contitution. But this was afterwards thought too hard: and in it's tead another evere, but not capital, punihment was inflicted by William the conqueror; viz, catration and los of eyes ; which continued till after Bracton wrote, in the reign of Henry the third. But in order to prevent malicious accuations, it was then the law, (and, it eems, till continues to be o in appeals of rape ) that the woman hould immediately after, “dum recens fuerit maleficium,” go to the next town, and there make dicovery to ome credible perons of the injury he has uffered; and afterwards hould acquaint the high contable of the hundred, the coroners, and the heriff with the outrage. This eems to correpond in ome degree with the laws of Scotland and Arragon, which require that complaint mut be made within twenty four hours: though afterwards by tatute Wetm. 1. c. 13. the time of limitation in England was extended to forty days. At preent there is no time of limitation fixed: for, as it is uually now punihed by indictment at the uit of the king, the maxim of law takes place, that nullum tempus occurrit regi: but the jury will rarely give credit to a tale Rh