| 374 |
Theft.
A Man coneth to my Wife, or to my Servant, with a
false Messuage,
Token or Letter made in my name, and thereby getteth my Goods: yet
this is no felony, but it shall be punished by the Statute of 33 H.
1. ca. 1.
See antea tit. Counterfeiters.
|
Chap. 157.
Cromp. 378.
P. Just. 54. |
|
What Persons are chargeable in Larceny. CHAP.
CLVII. V. 104.
A Feme Covert doth steal Goods by teh compulsion
or constraint of
her Husband; this is no felony in her, F. Coron. 160. & FItz.
Coron.
199. Br. Coron. 108. For where the words of the
Law are broken by
compulsion, there the Law is not offended, neither shall any person be
damnified for doing a thing, whereto he is inforced or compelled, but such
compulsion shall be a good excuse in our Law, Pl. 19. a. b. |
27 ASs. 40.
Stamf. 26.
142.
Fl. 12. |
|
But yet if by the compulsion of her Husband, she
committeth Murther,
this is felony in them both. |
Mar. lect.
12.
27 Ass. 40. |
|
If a Feme Covert doth steal Goods by the commandment
or procurement
of her Husband, (without any constraint) this hath been holden to
be felony in her, scil. that the Wife in such case is a principal,
and the
Husband but an Accessary. M. Bracton also saith it is
felony; for Licet
uxor obedire debeat viro, in atrocioribus tamen non est ei obediendum:
but
M. Stamf and others seem to be of another opinion. Stamf.
26. P. R.
130. Br. Coron. 108. |
See Stam.
142, 26. 27.
Ibid. |
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