Ransom

A price of redemption of a captive or prisoner of war, or of captured property. — -In Old Eng,lish Law. A price paid for the pardon of some great offense. It differs from amercement in that it excuses from corporal punishment. Cowell.

A redemption for money or other consideration of that which is taken in war. 8 Term 277. The custom of ransom of prisoners of Law of War 127. See Prisoners of War; man forcibly and unlawfully against her will. Ransom Bill. Russ. Cr. L. 904.

In international law. The redemption of captured property from the hands of an enemy, particularly of property captured at sea. 1 Kent, Comm. 104. A sum paid or agreed to be paid for the redemption of captured property. 1 Kent, Comm. 105. A "ransom," strictly speaking, is not a recapture of the captured property. It is rather a purcbase of the right of the captors at the time, be it what it may ; or, more properly, it is a relinquishment of nil the interest and benefit which the captors might acquire or consummate in the property, by a regular adjudication of a prize tribunal, whether it be an interest in rem, a lien, or a mere title to expenses. In this respect, there seems to be no difference between the case of a ransom of an enemy or a neutral. Maisonnaire v. Keating, 2 Gall. 325, Fed. Cas. No. 8,978.

In old English law. A sum of money paid for the pardoning of some great offense. The distinction between ransom and amerciament ls said to be that ransom was the redemption of a corporal punishment, while amerciament was a fine or penalty directly imposed, and not in lieu of another punlsh-ment. Cowell; 4 Bl. Comm. 380; U. S. v. Griffin, 6 D. C. 57. Ransom was also a sum of money paid for the redemption of a person from captivity or imprisonment. Thus one of the feudal "aids" was to ransom the lord's person lf token prisoner. 2 Bl. Comm. 63.

— Ransom hill. A contract by which a captured vessel, in consideration of her release and of safe-conduct for a stipulated course and time, agrees to pay a certain sum as ransom.

Redemption from the power of another; a sum paid for such redemption; in international law, the redemption of captured property from the hands of an enemy, particularly of property captured at sea. Ransom hill: an instrument witnessing a ransom contract Ransom contract: a contract to pay a sum for such a purpose. Ransom debt: the sum agreed to be paid for the redemption of captured property, particularly property captured at sea.

In old English law. A species of fine; a severe or heavy kind of fine, beyond the ordinary amount, which, where a statute spoke of both a fine and a ransom, should be at least treble the fina

1. In old English law, money paid for the pardon of some great offense, or to redeem the person from imprisonment; the redemption of a corporal punishment.^ 2. Redemption; repurchase. A friendly belligerent may ransom the property of a neutral after capture. A bill of exchange given as collateral security for the payment of the ransom of a vessel was held to be a contract on which an action could be sustained in a court of common law. Duress, arising from a threat to destroy vessel and cargo, will not avoid the contract, where the capture was justified by probable cause. A ransom is in the nature of a repurchase of the actual right of the captor as a prize-court would adjudicate it.*

1. In old English law, a sum of money paid for the pardoning of some great offence, or to redeem the person from captivity or imprisonment, or property from seizure; a fine, particularly an excessive or severe one. The distinction made between ransom and amerciament is said to be that a ransom is the redemption of a corporal punishment; while an amerciament is a fine by way of penalty for an offence committed. Cowel. 2. In international law, the redemption, also the sum or other consideration, agreed to be paid for the redemption of captured property, or the liberty of a captive. A ransom, strictly speaking, is not a recapture of the captured property: it is rather a purchase of the right of the captors at the time, be it what it may; or, more properly, it is a relinquishment of all the interest and benefit which the captors might acquire or consummate in the property, by a regular adjudication of a prize tribunal, whether it be an interest in rem, a lien, or a mere title to expenses. In this respect, there seems to be no difference between the case of a ransom of an enemy or a neutral. Maisonnaire v. Keating, 2 GaU. 325. Ransom bill. The writing embodying a contract of ransom; a security given by the master of a captured vessel to the captor for the surrender of the pressed by th i s term in criminal law is that of carnal knowledge of a female, obtained ■without her competent consent. But it is not easy to express all the refinements of modem decisions, in one definition; especially as statutory definitions differ, and peculiar cases may be stated which are punishable as rape in some jurisdictions, while they are not so in others. Respecting the question, what is sufficient carnal knowledge to constitute the offence, opinions have differed; apparently, according as the gravamen of the crime has been thought to consist altogether in the outrage and indignity to the feelings of the woman, or partly in the possibility of pregnancy. Taking the first-mentioned view, penetration may well be said to complete and constitute the crime; taking the latter, emission might be deemed an essential element, but still there would be warrant, considering the peculiar difficulties of the question, for considering penetration to be either presumptive evidence, from the probability, or conclusive by positive rule, of the fact of emission. By the current of authorities, and by several of the statutes, proof of penetration is all that is required to establish the offence, though it is not so clear that emission is not involved in the meaning of the word. If the woman is of age and capacity to give consent, her consent actually given, although procured by a fraudulent device, as where the man personated the woman's husband, will relieve the act of the character of rape. But actual violence is not, by the modern decisions, necessary; if the act was committed without consent, as where she is stupefied by drugs or liquor given for the purpose; or deceived by the offender as to the nature of his act; or overcome by duress or sufficient threats of murder, — the case may be rape, although there was not actual, continued resistance. If the victim is under the age of ten years, no question of consent arises; she is not competent to give consent. The same rule seems to apply where, though of full age, she is disqualified by insanity from giving consent; though whether Marriage is considered to give permanent, irrevocable consent; so that a husband cannot be convicted of a rape upon his wife, in view of marital intercourse. In the famous Lord Audley's case, 1 Harg. St. Tr. 388, a husband was held to be a principal in the second degree of a rape committed upon his wife, where he held her wh Ue his servant committed the rape. The term rape imports not only force and violence on the part of the man, but resistance on the part of the woman. Mills V. State, 52 Ind. 187. The expression, without her consent, used in reference to rape, includes cases where the defendant acts with knowledge that the woman is insensible and incapable of consenting. Commonwealth v. Burke, 105 Mass, 376. At common law, an indictment for rape must charge that the accused " did ravish; " the use of the noun " rape," instead of the verb " ravish," is insufficient. But in case of carnal knowledge, with or without consent, of a female under ten years of age, the allegations of force and want of consent are immaterial, and mere surplusage, and if alleged in the indictment need not be proved. Davis V. State, 42 Tex. 226; People v. Quin, 50 Barb. 128. 2. In old English law, rape signifies a political division of territory; also, the term is used generally of violent trespasses and seizures. A rape is part of a county, being in a manner the same with a hundred. The county of Sussex is divided into six rapes: those of Chichester, Arundel, Bramber, Lewes, Pevensey, and Hastings; each of which, besides their hundreds, hath a castle, river, and forest belonging to it. Termes de la Ley; Camel; 1 Bl. Com. 117. They seem to have been military governments in the time of the conqueror. 1 Steph. Com. 127, note. RAPINA; RAPINE. The Latin and English terms for the violent, felonious taking of personal property; robbery.