| Chap. 157. |
Theft.
' And yet for this case of a Trespass committed by
the Husband and Wife,
' Sir Fr. Bacon giveth this Rule, Excusas aut extenuat delictum
in Capitalibus
' quod non operatur iden in Civilibus: sc. In Capital
Causes, in favorem vita;
' the Law will not punish in so high degree, except the malice of the will
' and intention appear, pag. 36, 37. |
375 |
| Stamf. 6. |
But a Woman covert alone by her self (the Husband
not knowing
thereof) may commit Larceny, and may be either Principal or Accessary:
as if she steal another Mans Goods, or receive the Thief that stealeth
them;
or shall receive stolen Goods into her House, knowing them so to be; or
shall lock them up in her Chest or Chamber, her Husband not knowing
thereof: and in such cases, if her Husband so soon as he knoweth
thereof,
do forthwith forsake his House and her Company, and make his Abode
elsewhere, he shall not be charged for her Offence; whereas otherwise
the Law will impute the fault to him and not to her, P. R. 130.
See Bracton
lib. 3. cap. 32. |
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' M. Bracton saith farther, In certis
casibus de furto tenebitur uxor, si furtum
' inveniatursub clavibus suis, quas quidem claves habere debet exor
sub custodia
' & cura sua; Claves viz. dispensæ suæ, arcæ
suæ, scrinii sui & si aliquando
' furtum sub clavibus istis inveniatur, uxor cum viro culpabilis
èrit,
' sc. vir si consenserit, vel rem ei Warrantizabit. Ibid. |
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Goods are delivered to the Husband to keep, and
his Wife stealeth
them, it is no felony. Otherwise it is if the Husband had delivered
them to a stranger, and then the Wife had taken them feloniously out
of the possession of the stranger, this had been felony in the Wife, Mar.
Lect. 12. |
|
F. Cor. 455.
Br. Cor.
142.
Stamf. 27. |
Also the Wife shall not be accounted a Felon for
taking or stealing the
Goods of her Husband: and if the Wife do take her Husbands Goods
secretly,
and deliver them to a stranger knowing thereof, yet this is no felony
in the stranger, See Abr. d' Ass. fol. 71. |
|
Br. Cor. 77.
Cromp. 35.
P. R. 130. |
But if a Man do take away another Mans Wife with
her Husbands
Goods against the Wives will, this is felony by the Statute Westm. 2.
c. 34.
as it seemeth: and so if any Man takes away another Mans Wife with
her
Husbands Goods against the Husbands will, this is also felony. |
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If a Married Woman shall deliver to her Adulterer,
her Husbands Goods,
this is felony in the Adulterer, Lecture Mr. Cook. |
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And if the Husband commit Larceny, and the Wife
knowing thereof,
do receive or relieve him, &c. she is not thereby Accessary to the
felony,
Vide postea tit. Accessary. |
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Note, that a Woman convicted of or for the felonious
taking of any
Mony, Goods or Chattels above the value of 12 d. and under 10 s.
or as
Accessary to any such Offences, the said Offences being no Burglary nor
Robbery in or near the High-way, nor the felonious taking of any Goods
from the person another privily:) shall for the first Offence be branded
in the Hand, and farther punished by Imprisonment or Whipping, at the
discretion of the Judge or Justice, before whom he shall be so convicted,
21 Jac. cap. 6. |
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If a Servant by the compulsion of his Master steal
another Mans Goods,
this is felony in them both, notwithstanding such compulsion. See
more
of Servants here before, sub hoc tit. |
§. 2.
Infant. |
| Lamb. 273. |
An Ideot, Lunatick, Dumb or Deaf Person, and an
Infant, are chargeable
in Larceny, after the same sort as they are chargeable in Homicide,
saith Mr. Lambert; yet quære inde, and see here before
in Man-slaughter,
And yet if an Infant shall commit Larceny, and shall be found guilty |
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