| 1443.119abr |
1443 |
King's Bench |
(Indictment for Theft) |
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| Hil. |
21 |
Hen. 6 |
Statham Corone 39 |
57a |
Fortescue, John CJKB Fortescu
the Serjeants
Portyngton, John Sjt Port'
Vampage, John AG
Fortescue, John CJKB ffortescu |
Rex |
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Statham Corone 39
Fitzherbert Corone 455
AbrBkAss Corone [40], fol. 71v |
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| Fortescue demanda de lez serjeantz si un feme soit endite que ele auer embloie lez bienz son baron si ele sera |
5 |
Fortescue CJKB asked the Serjeants whether a wife indicted for stealing (embloie) her husband's goods would be arraigned on such indictment.
Sjt Portyngton said that defendant wife would not be arraigned, because the property could not be in the wife unless it be in the husband.
Vampage AG said that if the wife gave the goods to another then the property would be divested from the husband.
Fortescue CJKB said that he did not know how the wife could be arraigned. |
arraigne sur tiel enditement
Portyngton: mon semble que nonne quar le proprete ne peut estre en le feme sinon que il soit en le barone
Vampage AG: si ele lez embloie & dona a une autre cest deueste le proprete del barone
Fortescue CJKB: en vostre cas il nest que transgressoun & le barone auera briefe de transgressioun quar tout le tort sera arrette en cestuy que prent lez bienz del feme & ieo ne say coment ele put estre arraigne &c.
Vide de Presentement en le title de Dower, Mich. 41 Edw. 3 |
Sjt Portyngton: it seems to me, no (the wife would not be arraigned for stealing her husband's goods) because the property could not be in the wife unless it be in the husband (so the property of the goods was never out of the husband)
Vampage AG: if she stole them (from her husband) and gave them to another, this divested the property (in the goods) from the husband
Fortescue CJKB: in your (Vampage AG's) case it is no trespass and the husband will have a writ of Trespass because alj the wrong (tort) will be imputed (arrette) in he who took the goods from the wife, and I do not know how she could be arraigned |
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Fitzherbert Corone 455, fol. 221r, dated Hil. 21 Hen. 6: Nota par Fortescue CJKB que feme ne puit emble lez bienz son baron quod Sjt Portyngton concess-; a wife could not steal her husband's goods, which Sjt Portyngton agreed
AbrBkAss Corone [40], fol. 71v: Fortescue CJKB asked a Serjeant if a wife be indicted that she ought to have stolen (duist avere emble) her husband's goods, whether (si) she should be arraigned on such indictment; Sjt Portyngton: it seems to me, not, because the property (propertie) cannot be in the wife if it be not in the husband; Vampage AG: if she steal them and give (them) to another, this divests the property (propertye) (of) the husband; Fortescue CJKB: in your case it is only trespass (il nest que trespas) because all the wrong will be imputed to (arrere) in he who took the goods from the wife, and I do not know (ie ne say) how she can be arraigned |
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Demand
Serjeant
Wife
Indictment
Stealing (embloie)
Goods
Husband
Arraignment
Seeming
Property
Gift
Divestment
Case
Trespass
Writ Of Trespass
Wrong (tort)
Taking
Imputation (arrette)
Blame (arrette)
Knowledge (say)
(Note)
(Agreement) |
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