Flow far the Wife may giw. §. 12 • Direct. u. Difpofe not of your Husbands ejlate without his lznowledge and conjint. You Dirr/J. 12• are not onl~ to coniider whether the wor~ ~e goo~ that you lay it ou~ up?n, but what ~owcr ;•ou ~~1~\~~;;,:e havewdo 1 t, ~eft. ButmaJ a woman ~zvc nothmg,.nM' !~Y out n!Jthz?g m tbe boufe, nntbou: ber ~heHmb:mds H 1 ubana'Jtonfint? Anfw. I• Jf fhe have htsgeneral or unphC!te conftnt, tt may fuffice ; that ts, If Cod.m ~ he allow her to follow her judgement: or if he commit fuch a proportion to her power, to do what !he will wi1h ir. Or if !he know that if he knew it he would nor be againll it. >· Or if the Law or his confel)t do give her any prupricty in any part of his eftate, or m1ke her a joynt proprietor, lhe may proportionably difpofe of it in a necdfary cafe. T~t: Ff_uJband is confiderJ.ble e~ther a.s a Sec Dr. Go ·gt Proprietor or as her 'Govcrnour: As 3 preprietor, he only may d1fpole of the efia.cc, where. he ISth~ foie- 011 Fa?lily– proprietor: But where confent or the Law of the Land doth make the Woman r;tnt-proprzctor, flle IS rJOt R:lmon·,wh~ difablcd from giving for want of apropriety. But then ~o La~ excmptcth h~r from his Government: ;~:~n~h~\'~-o. And therefore tht:: is not togive any thing ·in a w~y of dJ!obcdJence, though ~t be her own.: Except nlcm gi\·irg. when he forbiddeth that which is her duty, or wh1ch he hath nopower tu forb1d. So that m cafe of joj'nt-propritty the may g,ive without him, fo be it !he exceed not. her proportion, ?nd alfo if it be i.n a cafe of D 1 uy, where he may not hindt:r her. _As to [~ve the hvu of the poor 111 excream ne~efilt)', famine or imprifonment, or the like. 3· But 1f the thmg be wholly her own, excfpted from hts propriety, and ilie be foie-proprietor, then ilie nee~ not ask h~s confe~t. a~ all, any o_ther wa~ than as he ~s ber Guide, to direl.l: her ro rhe bell way of dtfpoGng of Il: Wh1Cn If he forbtd her, 10llcad of dtre{ling her to it, {he is not thereby excufablc be!ore God, for the abuGng ot her rrufl and Talents. . 4 • 1 conceive that ad aliquid as to certain abfolutely neceffary ufes, the very Rcl;tian rnaketh the :. Sam.1~.18, Woman as a joynt proprietor ; As if her Husband will not allow her fu€h food and rayment as is 19, 30. necdfary to preferve the lives and health of her fdf and aU her Children; fhe is bound to do it Wirh- Pruv.;; '~ol r, out or againfi his will, (if fl1!! can, and if it be not to a greater hurt, and the cflate be his own, and ~2~f1 6,' 6 • he be able) rather than let her Children contra& [uch di[cafes as apparently will fotlow to the Mmh. 9· t !· hazzard of their lives. Yea and to fave the life of another that in famine is ready to peritl1 : For 01e & h . 7· is not as 3 firanter to his efiate. But out of thefe cafes, if a Wife iliall fecretly wafic or give, or 1 Kmg 4·9> 1 t. Jay it out on bravery, or v~niry, or fet her wit againfi her Husbtnds, and bccaufe fhe thinks him too firait or penurious, therefore fl1e will difpofe of it without his confenr, this is thievery, dif0bedi- €nce and injufiice. . Quell. But as the caji j!andeth witb "'inEngland, bath the Wife a joint propriety or not? ~e,1. I· Anfw. Three wayes (at lcail: ) tbc may have apropriety. I· By a reG:rve of what was her own before ; which ( however fame quefiion it) may in fome cafes be done in their agreement at marriage. 2· By the Law of the Land. 3· By the Husbands coufent or donation. What the Law of the Land faith in this cafe, I leave to the Lawyers: But it feemeth to me, that his words at Mar- . riage [with aU my worldly ~oods I thee endow J do fignifie his confenr to make her • joynr-proprietbr : And his con{fnt is fufficient to the coHation of a title, to that which was his own. Un!efs any can prove, that Law or cufiorne, doth otherwife expound the words, (as an empty formality,) and that at the contiad-, this was or tbould be known to her to be the fenfe : And the Laws allowing the wife the third part upon death or fcparation, doth intimate 3 joynt·propriery before. Q!efi. 2. If the Hmband live upon rmlawful gain, at cheating,jlealing, robbing by the high-way, &c. ~efl, 2 ; is not the wife guilty as a joynt proprietor, in retaining {uch ill·gotltJt goods, iffht "-.now it l And is fhe bormd to accufe her H:oband, or 111 rt/fore· focb goods ? Anfr¥'. Her duty is, firfi to admonifh her husband of h'is fin and danger, and endeavour his repen-:: tance, in the mean time difclaiming allconfenr, and reception of the goods. And if tbe cannot prevail for his Repentance, Rcfiitution aud RefOimation, {he hath a double duty to perform : the one is ro help them to their goods whom he hath injured and robbed, (hy prudent and jull means :) The other is to prevcn.t his robbing of others for the time to come. But how thefC mutl be done, is the great difficulty. r. If .!he forefee (or may do). that either by her husbands difpleafure, or by the cruel revenge <>f the InJured parry, the hurt of difcovermg the fraud or robbery, will be gtearer than the good, then I think that !he is not bound to difcover ir. Bnr by fome jicret, indir/11 way, ro help rhe owner to his own : if it may be done without a greater hurt. 2. To prevent his fin and other mens future fuffcring by him, {he feemerh to me to be bound to reveal her husbands Gnful purpofes to the Magifirate, if {he can no other way prevail with him to forbear. My reafons are, Becaufe the keeping of Gods Law, and the Law of the Land, and the publick order and good, and the preventing of our Neighbours hurt by Robbery or fraud, and fo rhe interefi df honefly and right, is of greater importance than any duty to her Husband or prefervation of her own peace, which leemeth to be againll it. Bur rhen I mull fuppofe that !he liverh under a Magifirare who will rake but a jull revenge. For if !he know the Laws and Magillrare ro be fo UnJufi, as to pum!h a ~ault With death which deferveth it not,. (he is not w tell fU.ch a MJgifiratc, but to prc:fcrve her Ne1gh~ours fafety by fame other way Of intimation. If any one think that a Wife may i~ no 10afe, accuit: a husband,·to the hazt:ud of his life or efiare, let them, l· Remember what God obhged Parents to do agalnfi ~he lives ~f incorrigible Children, Deut. >I. 2. And that the honour of God, and the lives of our Neighbours !hould be preferred be– fore the life of one offender, and their cfiares before his ellate alone. 3· And rhar the.light of Reafon tclleth us, that a ":ife is to reveal a Treafon againfi the King, which is plotted by a Husband ; and therefore alfo the robbmg of the Kings T reafury, or deceiving him in any m!tter of great con~ <ernment : And therefore in due proportion, the Laws and common good, and our Neighbours welfare aie
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