The resolutions of the judges upon the several statutes of bankrupts as also, the like resolutions upon 13 Eliz. and 27 Eliz. touching fraudulent conveyances / by T.B., Esq.

Mich. 5 Jac. Regis,

Case concerning Buggary.

The Letter of the Statute, 25 H. 8. cap. 6. If any Person shall commit the detestable sin of Buggary with Mankind or Beast, &c. it is Felony; which Act being Repealed 1 Mar. is revived and made perpetual 5 Eliz. cap. 17. and he lose his Clergy.

It appears by antient Authorities of the Law, That this was Felony, but they vary in the punishment. For Britton, who writ 5 Ed. 1. cap. 17. saith, That Sorcerers, Sodomers, and Hereticks, shall be burned: F. N. B. 269. agrees with it. But Fleta lib. 1. cap. 35. Christiani Apostati, &c. debent cumburi, (this agrees with Britton) but Pecorantes et Sodomitae terra vivis••ffodiantur. But in the Mirror of Justice, vouched in Plow. Com. in Fogosses Case; the Crime is more high, for there it is called Crimen laesae majestatis, a horrible Sin against the King, either Celestial or Terrestial in three manners: 1. By Heresy, 2. By Buggary, 3. By Sodomy. Note, So∣domy

is with mankind, and is Felony, and to make that Offence, Opertet rem penetrate et semen naturae emittere et effundere; for the Indictment is, Contra ordinationem Crea∣toris et naturae ordinem rem habuit veneream dictum{que} puerum carnaliter cognovit; and so it was held in the Case of Stafford, Paederastes ••mator puerorum, Vide Rot. Parl. 50 Ed. 3. 58. So in a Rape there must be penetration, and emission of Seed, Vide Stamf. fol. 44. which Sta∣tute makes the Accessary Guilty of Felony.

West. 1. cap. 34. If a Man ravish a Woman, 11 H. 4. 18. If one Ayd another in a Rape, or be present, he is principle in the Buggary, Vide Levit. 18. 22. et cap. 10. 13. 1 Cor. 6.