Page:William Blackstone, Commentaries on the Laws of England (4th ed, 1770, vol IV).djvu/225

Ch. 15. civil law eems to uppoe a protitute or common harlot incapable of any injuries of this kind : not allowing any punihment for violating the chatity of her, who hath indeed no chatity at all, or at leat hath no regard to it. But the law of England does not judge o hardly of offenders, as to cut off all opportunity of retreat even from common trumpets, and to treat them as never capable of amendment. It therefore holds it to be felony to force even a concubine or harlot; becaue the woman may have foraken that unlawful coure of life : for, as Bracton well oberves, “licet meretrix fuerit antea, certe tunc temporis non fuit, cum reclamando nequitiae ejus conentire noluit.”

to the material facts requiite to be given in evidence and proved upon an indictment of rape, they are of uch a nature, that though neceary to be known and ettled, for the conviction of the guilty and preervation of the innocent, and therefore are to be found in uch criminal treaties as dicoure of thee matters in detail, yet they are highly improper to be publicly dicued, except only in a court of jutice. I hall therefore merely add upon this head a few remarks from ir Matthew Hale, with regard to the competency and credibility of witnees; which may, alvo pudore, be conidered.

firt, the party ravihed may give evidence upon oath, and is in law a competent witnes; but the credibility of her tetimony, and how far forth he is to be believed, mut be left to the jury upon the circumtances of fact that concur in that tetimony. For intance: if the witnes be of good fame; if he preently dicovered the offence, and made earch for the offender; if the party accued fled for it; thee and the like are concurring circumtances, which give greater probability to her evidence. But, on the other ide, if he be of evil fame, and tand unupported by others; if he concealed the injury for any considerable time after he had opportunity to complain; if the Rh