Page:William Blackstone, Commentaries on the Laws of England (4th ed, 1770, vol IV).djvu/40

28 1. OF this nature, in the firft place, is the obligation of civil ubjection, whereby the inferior is contrained by the uperior to act contrary to what his own reaon and inclination would ugge{ls}}t: as when a legilator etablihes iniquity by a law, and commands the ubject to do an act contrary to religion or ound morality. How far this excue will be admitted in foro confcientiae, or whether the inferior in this cafe is not bound to obey the divine, rather than the human law, it is not my buines to decide ; though the quetion I believe, among the cauits, will hardly bear a doubt. But, however that may be, obedience to the laws in being is undoubtedly a ufficient extenuation of civil guilt before the municipal tribunal. The heriff, who burnt Lativner and Ridley, in the bigotted days of queen Mary, was not liable to punihment from Elizabeth, for executing o horrid an office; being jutified by the commands of that magitracy, which endeavoured to retore upertition under the holy aupices of it's merciles iter, perecution.

As to perons in private relations; the principal cae, where contraint of a uperior is allowed as an excue for criminal miconduct, is with regard to the matrimonial ubjection of the wife to her huband: for neither a on or a ervant are excued for the commiion of any crime, whether capital or otherwie, by the command or coercion of the parent or mater ; though in ome cafes the command or authority of the huband, either expres or implied, will privilege the wife from punihment, even for capital offences. And therefore if a woman commit theft, burglary, or other civil offences againt, the laws of ociety, by the coercion of her huband; or merely by his command, which the law contrues a coercion; or even in his company, his example being equivalent to a command ; he is not guilty of any crime : being conidered as acting by compulion and not of her own will. Which doctrine is at leat a thouand years old in this kingdom, being to be found among the laws of Rh