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Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 186   View pdf image (33K)
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186 13 E. 1, STAT. 1, CAP. 34, ELOPEMENT.
138 CAP. XXXIV.
It is Felony to commit Rape. A married Woman elopeth with an
Advouterer. The Penalty for carrying a Nan from her House.

(4) And if a Wife willingly
leave her Husband, and go
away, and continue with her
Advouterer, she shall be
barred for ever of Action to
demand her Dower, that she
ought to have of her Hus-
band's Lands, if she be con-
vict thereupon, except that
her Husband willingly, and
without Coertion of the
Church, reconcile her, and suf-
fer her to dwell with him; in
which case she shall be re-
stored to her Action.
Et uxor si spoute reliquerit
virum suum & abierit & more-
tur cum adultero suo amittat
imperpetuum actionem peten-
di dotem suam que ei com-
petere posset de tenemento viri
si super hoc convincatur nisi
vir suus spoil te & absque co-
hertione ecclesiastica earn re-
conciliet & secum cohabitare
perinittat in quo casu restitu-
atur ei actio.

 
This Statute, after making a distinction between carrying away women
with force and without force, and enacting a punishment for those offences,
provides for the case of a woman leaving her husband voluntarily and con-
tinuing with her adulterer. Its exposition given by Lord Coke, in 2 Inst.
435, has ever since been adhered to. He says, "albeit the words of this
branch be in the conjunctive, yet if the woman be not taken away sponte
but against her will, and after consent and remain with the adulterer with-
out being reconciled, &c., she shall lose her dower; for the cause of the bar
of her dower is not the manner of going away, but the remaining with the
adulterer in adultery without reconciliation that is the bar of the dower. If
the wife goeth away with her husband's agreement and consent with A. B.,
if after A. B. commit adultery with her and she remain with him without
reconciliation, she shall be barred of her dower." See Paynel's case, ibid.,
where the husband had granted his wife to the adulterer, and Coot v. Berty,
12 Mod. 232, a similar case, and the grant held void. "Albeit she doth not
continually remain in avowtry (or adultery) with the adulterer, yet if she
be with him and .commit adultery it is a tarrying within the Statute. Also
if she once remain with the adulterer in avowtry, and after he keepeth her
against her will, or if the adulterer turn her away, yet she shall be said
morari cum adultero within this Act. And if the wife elope from her hus-
band's house of habitation and commit adultery in any other the lands or
manors of her husband, this without the free reconciliation of the husband
is within the purview of the Act." He goes on to say, "Note that cohabita-
tion is not sufficient without reconciliation made by the husband sponte, so
as cohabitation only in the same house with her husband availeth her not;
a fortiori, though she remain with the adulterer in any of the lands or

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Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 186   View pdf image (33K)
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