either be put to death or abjure the realm or the patria, the county, city, borough  or vill, or let him be flogged and after such flogging released.
If stolen property is found in another's possession.
 1If stolen property is found in someone's hand or within his potestas, he in whose  house or potestas the stolen property has been found will then be held liable, unless he  finds a warrantor to defend him with respect to it,
If a wife is held liable for her husband's theft.
 but his wife will not be held liable because it is not she who has it within her potestas  but her husband.2[A wife ought not to accuse her husband nor disclose his theft or  felony,3 but neither ought she to assent to it or act as his confederate; she ought  to keep him as best she can from felony and wickedness.] In certain cases of theft,  however, she will be held liable, 4where the stolen property is found under her  keys, for a wife ought to have those keys in her care and custody, namely, the  keys of her store-room, her chest and her cupboard,5 and if any stolen property is  found locked up under the said keys she and her husband will be guilty. But what  if the stolen property is found in the wife's hands? Will not the husband be liable?  Not, it is submitted, unless he has expressly consented, as where,6 when she has  vouched him to warranty he has warranted the thing to her. He is presumed to  consent unless he expressly dissents, or unless there is a presumption that he is  law-abiding, since he had eschewed the company of his wife as much as he could.
[the wife] has joined7 with her husband.  What will happen if the wife has joined7 with her husband or has confessed that  she gave her husband counsel and aid? Will not both be held liable? Certainly, for  it is evident that the husband alone may be held liable, when he is a bad man, and  his wife, who may be good and law-abiding, discharged. [Conversely], the wife  alone may be bad and the husband law-abiding. Thus since each alone may be bad  and the other good, both together and conjoined may be bad as well as good. 8The  wife must therefore not be discharged in every case, because of counsel, aid and  consent. Since they are partners in crime they will be partners in punishment. And  though she ought to obey her husband she need not be obedient to him in heinous  deeds. A husband may bind and hold, and a wife freely and without coercion slay,  and thus, as is evident, both are liable for the crime. 9But a concubine or housemaid
1. Inst. Cnuti, 23; Liebermann, i, 327: Si latrocinium invenitur in manu vel in potestate alicuius
2. quia ipsa sub potestate non habuerit sed vir, from lines 10-11
3. Virum accusare ... neque feloniam, from lines 9-10; om: cum
4-5. Inst. Cnuti, (76); Liebermann, i, 363-5; Richardson in Traditio xiv, 399