The abominable wickedness of carnally knowing and abusing any woman child under the age of ten years, in which case the _apparent_ consent or non-consent is immaterial, as by reason of her tender years she is incapable of judgment and discretion, is felony without benefit of Clergy, 18 _Eliz. c._ 7. It is lamentable to reflect that this crime should have been of very constant occurrence, and that it should not unfrequently have been committed by hypocrites, who had been entrusted with the education of their victims. In 1758, _John Forbes_, chaplain and schoolmaster of Dalkeith,[614] was convicted of a variety of libidinous acts, and also several rapes; and of his having carnal knowledge of a girl (one of his pupils) under twelve years of age. He was sentenced to be whipped and banished: the king’s advocate having “in respect it is known to him, that the evidence of the rape and carnal copulation will be proven only by girls under age,” restricted the indictment to an arbitrary punishment. _Maclaurin’s Crim. Ca. p._ 186. 755. In 1777, the Rev. _Benjamin Russen_, a puritanical schoolmaster, was convicted and executed for a similar offence, on a girl under ten years of age. See 1 _East._ 438. _Ann Reg._ Many other instances might be cited, if it were necessary here to enforce upon the minds of parents, the expediency of minute enquiry into the habits of those to whom they entrust the custody of their children; and that they should not be deceived by professions of extraordinary sanctity.[615] Nature has this revenge against those who pretend exemption from her frailties, that to sustain their hypocricies, they fall into greater crimes than those which they profess to avoid; assuming to be more than man, they degrade themselves to beasts. See case of _Thomas Weir_ and _Jane_ his sister. _Maclaurin, C. C. p._ 1[616].