Lordships patience with Citing Authorities, nor inlarging upon the Hainousness of an Offence that admits of no aggravation, and therefore shall only mention three or four Rules in Law, relating to the present Case; the Truth of which I submit to the Opinions of my Lords the Judges.
First, When any Offence is Felony, either by the Statute, or Common Law, all Accessaries be∣fore and after, are incidently included, so that if any be aiding, assisting, or abettiag any to do the Act, tho' the Offence be personal, and done by one only, as is in this Case, not only he that doth the Act is Principal, but also they that are present, Abetting, and Aiding the Misdoer, are Principals also.
Secondly, If the party on whom the Crimes was Committed, be notoriously Unchast, and a known Whore, yet there may be a Ravish∣ment.
Thirdly, In an Indictment of Rape, there is no Limitation of time for the prosecution; for Nullum tempus occurrit Regi, no time occurs a∣gainst, or prevents the King's Suit; but in case of an Appeal of Rape, if the Woman do not pro∣secute in Convenient time, it will bar her.
Fourthly, If a Man take away a Maid and Ravish her by Force, and afterward she gives her consent and Marries him that did the Act, yet it is a Rape.
As for the Crimen Sodomiticum, in the second Indictment, I shall not Paraphrase upon it, since it is of so abominable and Vile a Nature,