If such an
offender recants, he shall stay in gaol until he obtains two
sureties. If he offends again after recantation, it is felony
without benefit of clergy.
In 1650 adultery was declared to be a felony, except if the
husband had been beyond the seas for three years or had been
reputed to be dead. Incest was also declared to be a felony. It
was defined as marrying or having carnal knowledge of one's
grandparent, parent, sibling, mother's brother or sister, father's
wife, mother's husband, son's wife, daughter's husband, wife's
mother or daughter, or husband's father or son. Fornication was
given a punishment of three months imprisonment and until security
was obtained for one year for good behavior. It was defined as
carnal knowledge of a virgin, unmarried woman, or widow. A common
bawd or one keeping a brothel or bawdy house was to be whipped,
set in the pillory, marked in the forehead by a hot iron with the
letter: B, and then imprisoned for three years without bail and
until there were sureties for good behavior for life. The second
offense was felony without benefit of clergy. There was to be no
corruption of the blood. However, juries were reluctant to convict
for adultery and incest.
There shall be no profane swearing or cursing of forfeit by a lord
30s., a baronet or knight 20s., an esquire 10s., a gentleman
6s.8d., and all others 3s.4d.There is a double fine for the second
offense.
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