the order or place assigned a person suitable to his quality or merit.

is a straight line made by the soldiers of a battalion or squadron, drawn up side by side: this order was established for the marches, and for regulating the different bodies of troops and officers which compose an army.

Rank and Precedence, in the army and navy, are as follow:

Engineers Rank. Chief, as colonel; director, as lieutenant-colonel; sub-director, as major; engineer in ordinary, as captain; engineer extraordinary, as captain-lieutenant; sub-engineer, as lieutenant; practitioner engineer, as ensign.

Navy Rank. Admiral, or commander in chief of his majesty's fleet, has the rank of a field-marshal; admirals, with their flags on the main-topmast-head, rank with generals of horse and foot; vice-admirals, with lieutenant-generals; rear-admirals, as major-generals; commodores, with broad pendants, as brigadier-generals; captains of post-ships, after three years from the date of their first commission, as colonels; other captains, as commanding post-ships, as lieutenant-colonels; captains, not taking post, as majors; lieutenants, as captains. ### Rank between the Army, Navy, and Governors

| Army | Navy | Governors | |---------------|---------------------------|------------------------------------------------| | General in Chief | Admiral in chief | Commander in chief of the forces in America | | Generals of horse | Admiral with a flag at the main-top-mast | Captain-generals of provinces | | Lieutenant-generals | Vice-admirals | Lieutenant-generals of provinces | | Major-generals | Rear-admirals | Lieutenant-governors and presidents | | Colonels | Post-captains of 3 years | Lieutenant-governors not commanding | | Lieutenant-colonels | Post-captains | Governors of charter colonies | | Majors | Captains | Deputy-governors | | Captains | Lieutenants | Established by the king, 1762 |

**Doubling of the Ranks**, is the placing two ranks in one, frequently used in the manoeuvres of a regiment.

**Ranks and Files**, are the horizontal and vertical lines of soldiers when drawn up for service.

**Ransom**, a sum of money paid for the redemption of a slave, or the liberty of a prisoner of war. In our law books, ransom is also used for a sum paid for the pardon of some great offence, and to obtain the offender's liberty.

**Ranula**, a tumor under a child's tongue, which, like a ligature, hinders it from speaking or sucking.

**Ranunculus, Crowfoot**, a genus of plants of the polygamia order, belonging to the polyandria class; and in the natural method ranking under the 26th order, Multisiliquae. See Botany Index.

**Rapacious Animals**, are such as live upon prey.

**Rape**, in Law, the carnal knowledge of a woman forcibly and against her will. This, by the Jewish law, was punished with death; in case the damsel was betrothed to another man; and, in case she was not betrothed, then a heavy fine of fifty shekels was to be paid to the damsel's father, and she was to be the wife of the ravisher all the days of his life; without that power of divorce, which was in general permitted by the Mosaic law.

The civil law punishes the crime of ravishment with death and confiscation of goods: under which it includes both the offence of forcible abduction, or taking away a woman from her friends; and also the present offence of forcibly dishonouring her; either of which, without the other, is in that law sufficient to constitute a capital crime. Also the stealing away a woman from her parents or guardians, and debauching her, is equally penal by the emperor's edict, whether the consent or is forced.

And this, in order to take away from women every opportunity of offending in this way; whom the Roman law suppose never to go astray without the seduction and arts of the other sex; and therefore, by restraining and making so highly penal the solicitations of the men, they meant to secure effectually the honour of the women. But our English law does not enter-

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*Vol. XVII, Part II.* ment, and a fine at the king's will. But this lenity being productive of the most terrible consequences, it was, in ten years afterwards, 13 Edw. I. found necessary to make the offence of forcible rape felony by statute Westm. 2. c. 34. And by statute 18 Eliz. c. 7. it is made felony without benefit of clergy: as is also the abominable wickedness of carnally knowing or abusing any woman-child under the age of ten years; in which case the consent or non-consent is immaterial, as by reason of her tender years she is incapable of judgment and discretion. Sir Matthew Hale is indeed of opinion, that such profligate actions committed on an infant under the age of twelve years, the age of female discretion by the common law, either with or without consent, amount to rape and felony; as well since as before the statute of Queen Elizabeth: but that law has in general been held only to extend to infants under ten; though it should seem that damsels between ten and twelve are still under the protection of the statute Westm. 1. the law with respect to their seduction not having been altered by either of the subsequent statutes.

A male infant, under the age of fourteen years, is presumed by law incapable to commit a rape, and therefore it seems cannot be found guilty of it. For though in other felonies "malitia supplet tetamen;" yet, as to this particular species of felony, the law supposes an imbecility of body as well as mind.

The civil law seems to suppose a prostitute or common harlot incapable of any injuries of this kind: not allowing any punishment for violating the chastity of her, who hath indeed no chastity at all, or at least hath no regard to it. But the law of England does not judge so hardly of offenders, as to cut off all opportunity of retreat even from common strumpets, and to treat them as never capable of amendment. It therefore holds it to be felony to force even a concubine or harlot; because the woman may have forsaken that unlawful course of life: for, as Bracton well observes, "licet meretrice fuerit antea, certe tunc temporis non suit, cum reclamando nequitiae ejus consentire noluit."

As to the material facts requisite to be given in evidence and proved upon an indictment of rape, they are of such a nature, that though necessary to be known and settled, for the conviction of the guilty and preservation of the innocent, and therefore are to be found in such criminal treatises as discourse of these matters in detail, yet they are highly improper to be publicly discussed, except only in a court of justice. We shall therefore merely add upon this head a few remarks from Sir Matthew Hale, with regard to the competency and credibility of witnesses; which may, salvo pudore, be considered.

And, first, the party ravished may give evidence upon oath, and is in law a competent witness: but the credibility of her testimony, and how far forth she is to be believed, must be left to the jury upon the circumstances of fact that concur in that testimony. For instance: if the witness be of good fame; if she presently discovered the offence, and made search for the offender; if the party accused fled for it; these and the like are concurring circumstances, which give greater probability to her evidence. But, on the other side, if she be of evil fame, and stand unsupported by others; if she concealed the injury for any considerable time after she had opportunity to complain; if the place, where the fact was alleged to be committed, was where it was possible she might have been heard, and she made no outcry: these and the like circumstances carry a strong, but not conclusive, presumption that her testimony is false or feigned.

Moreover, if the rape be charged to be committed on an infant under 12 years of age, she may still be a competent witness, if she hath sense and understanding to know the nature and obligations of an oath, and, even if she hath not, it is thought by Sir Matthew Hale, that she ought to be heard without oath, to give the court information; though that alone will not be sufficient to convict the offender. And he is of this opinion, first, Because the nature of the offence being secret, there may be no other possible proof of the actual fact; though afterwards there may be concurrent circumstances to corroborate it, proved by other witnesses: and, secondly, Because the law allows what the child told her mother, or other relations, to be given in evidence, since the nature of the case admits frequently of no better proof; and there is much more reason for the court to hear the narration of the child herself, than to receive it at second-hand from those who swear they heard her say so. And indeed it seems now to be settled, that in these cases infants of any age are to be heard; and, if they have any idea of an oath, to be also sworn: it being found by experience, that infants of very tender years often give the clearest and truest testimony. But in any of these cases, whether the child be sworn or not, it is to be wished, in order to render her evidence credible, that there should be some concurrent testimony of time, place, and circumstances, in order to make out the fact; and that the conviction should not be grounded singly on the un-supported accusation of an infant under years of discretion. There may be therefore, in many cases of this nature, witnesses who are competent, that is, who may be admitted to be heard; and yet, after being heard, may prove not to be credible, or such as the jury is bound to believe. For one excellence of the trial by jury is, that the jury are triers of the credit of the witnesses, as well as of the truth of the fact.

"It is true (says this learned judge), that rape is a most detestable crime, and therefore ought severely and impartially to be punished with death; but it must be remembered, that it is an accusation easy to be made, hard to be proved, but harder to be defended by the party accused, though innocent." He then relates two very extraordinary cases of malicious prosecution for this crime, that had happened within his own observation; and concludes thus: "I mention these instances, that we may be the more cautious upon trials of offences of this nature, wherein the court and jury may with so much ease be imposed upon, without great care and vigilance; the heinousness of the offence many times transporting the judge and jury with so much indignation, that they are over-hastily carried to the conviction of the persons accused thereof, by the confident testimony of sometimes false and malicious witnesses."