[Footnote 518: “Burners are those,” says the Mirror, “who burn a City,
Town, House, Men, Beasts, or other Chattels, feloniously in time of
peace for hatred or revenge.” (Mirror c. 1. s. 8. See also Britton
chap. 19.)]
CHAP. V.
The Crime of Robbery[519] may also be passed over, as the suit has
nothing to distinguish it from the others.
[Footnote 519: _Roberia_, so called, says Lord Coke, because the goods
are taken as it were _de la robe_, from the Robe, that is from the
person. (Co. Litt. 288. a. and 3. Inst. 67.) Cowell deduces the term
from the French _robbe_, _vestis_, and Spelman from _raubas_, meaning
the same thing. The Saxons used their term _reaferar_ in a similar
sense, _reaf_ signifying, _vestis_. For Travellers had in former times
rarely any thing but their dress of which they could be robbed. (See
Cowell and Spelm. Gloss.) Under the Laws of Ina the punishment of
Robbery was to restore the thing purloined, and to pay a fine of 60
shillings. (LL. Inæ. c. 10.)]
CHAP. VI.[520]
[Footnote 520: For obvious reasons I have translated the present
Chapter in a general manner.]
The Crime of Rape[521] is that with which a Woman charges a Man when
she alleges, that he committed a violence on her person, whilst in
the King’s peace.[522] A Woman, having suffered any such violence, is
bound immediately, whilst the crime is recent, to go to the nearest
village, and there state the injury to respectable Men, and shew the
external marks of violence.[523] She should, in the next place, do the
same thing to the Chief Officer of the Hundred; and, lastly, she should
publicly complain of her injury in the next County Court. An accusation
of this kind being made, the Judgment is as before laid down. A Woman,
accusing any one of such a Crime, is heard in the same manner, as is
usual concerning any other personal injury which has been offered her.
But it should be understood, that it is at the Election of the Accused
in such a Case, either to submit to the burthen of making Purgation,
or to sustain the woman’s proof against him. It should likewise be
remarked, that if any one be convicted in a suit of this kind, the
Judgment will be similar to that in the foregoing suits. Nor will it
suffice, after Judgment, if the Malefactor wish to take the Woman he
has injured to Wife. For thus it would frequently happen, that Men of
servile condition would, by reason of one pollution, bring perpetual
disgrace upon Women of noble birth, or that Men of high rank would be
disgraced by inferior Women, and thus dishonor their fair lineage.
But, previously to Judgment, it is customary for the Woman and the
accused to be reconciled, by means of a marriage between them; but
this step is authorised by the License of the Prince, or that of his
Justices, and the consent of the Parents.
[Footnote 521: Vide Mirror c. 1. s. 12. and Bracton 147. a.]
[Footnote 522: Vide LL. Gul. Conq. c. 19. and 2. Inst. 180. 181.]
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