A20764:255
The plea of the poor. Or A treatise of beneficence and alms-deeds teaching how…The plea of the poore. Or A treatise of benificence and almes-deeds teaching how…
The plea of the poor. Or A treatise of beneficence and alms-deeds teaching how these Christian duties are rightly to be performed, and persuading to the frequent doing of them. Necessary for these times, wherein the works of mercy are so much neglected, or so undiscreetly practiced. Published by John Downame Bachelor in Divinity.The plea of the poore. Or A treatise of benificence and almes-deeds teaching how these Christian duties are rightly to be performed, and perswading to the frequent doing of them. Necessary for these times, wherein the workes of mercy are so much neglected, or so vndiscreetly practized. Published by Iohn Downame Bachelour in Diuinitie.
London: printed by Edward Griffin for Ralph Mabbe, 1616
Modern spelling is a reading aid: the words are the author’s, only the spelling is modernized. Original shows the page as printed, with the transcription marks.
Sect. 13. Another objection answered.
Sect. 13. Another obiection answered.
Secondly, the propriety of the husband hath some show of reason seeing he hath power by will to dispose of his goods at his own pleasure. I answer that though he may make such a will in his life, yet it is not to take effect till after his death, when the band of marriage is dissolved, and the communion between them ceaseth. Neither is it then lawful to give away all from his wife, but he is bound to leave unto her a good part and share, and a part also unto his children, the which general rule of equity, is by our law wisely and equally determined to be a third part to either of them, another third only being left to his disposing: wherein they are like unto partners who whilst they continue together have equal right to the whole estate, but take every one his share when their partnership being dissolved they go from one another.
Secondly, the proprietie of the husband hath some shew of reason seeing hee hath power by will to dispose of his goods at his owne pleasure. I answere that though he may make such a will in his life, yet it is not to take effect till after his death, when the band of marriage is dissolued, and the communion between them ceaseth. Neither is it then lawfull to giue away all from his wife, but he is bound to leaue vnto her a good part and share, and a part also vnto his children, the which generall rule of equitie, is by our law wisely and equally determined to be a third part to either of them, another third onely being left to his disposing: wherein they are like vnto partners who whilest they continue together haue equall right to the whole estate, but take euery one his share when their partnership being dissolued they goe from one another.