Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/459

 Ch. 15. huband is not chargeable even for necearies ; at leat if the peron, who furnihes them, is ufficiently apprized of her elopement. If the wife be indebted before marriage, the huband is bound afterwards to pay the debt; for he has adopted her and her circumtances together. If the wife be injured in her peron or her property, he can bring no action for redres without her huband's concurrence, and in his name, as well as her own : neither can he be ued, without making the huband a defendant. There is indeed one cae where the wife hall ue and be ued as a feme ole, viz. where the huband has abjured the realm, or is banihed : for then he is dead in law; and, the huband being thus diabled to ue for or defend the wife, it would be mot unreaonable if fhe had no remedy, or could make no defence at all. In criminal proecutions, it is true, the wife may be indicted and punihed eparately ; for the union is only a civil union. But, in trials of any ort, they are not allowed to be evidence for, or againt, each other : partly becaue it is impoible their tetimony hould be indifferent; but principally becaue of the union of peron: and therefore, if they were admitted to be witnees for each other, they would contradict one maxim of law, "nemo in propria caua tetis ee debet;" and if againt each other, they would contradict another maxim, "nemo tenetur eipum accuare." But where the offence is directly againt the peron of the wife, this rule has been uually dipened with : and therefore, by tatute 3 Hen. VII. c. 2. in cae a woman be forcibly taken away, and married, he may be a witnes againt uch her huband, in order to convict him of felony. For in this cae he can with no propriety be reckoned his wife; becaue a main ingredient, her conent, was wanting to the contract: and alo there is another maxim of law, that no man hall take advantage of his own wrong; which the raviher here would do, Rh