A26892:8933
A Christian Directory
A Christian directory, or, A sum of practical theology and cases of conscience directing Christians how to use their knowledge and faith, how to improve all helps and means, and to perform all duties, how to overcome temptations, and to escape or mortify every sin : in four parts ... / by Richard Baxter.A Christian directory, or, A summ of practical theologie and cases of conscience directing Christians how to use their knowledge and faith, how to improve all helps and means, and to perform all duties, how to overcome temptations, and to escape or mortifie every sin : in four parts ... / by Richard Baxter.
London: printed by Robert White for Nevill Simmons, 1673
Title page typeset from the transcription.
Part 4 › Chapter 19 › Section 4: Tit. 4. Cases of Conscience about Lending and Borrowing.
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.
§. 4. Quest. 4 But if a man have bound himself to his Wives friends upon marriage to settle so much1 upon her or her children, and this obligation was antecedent to his debts, may he not secure that to his Wife and Children, without any injury to his Creditors?
- 1Quest. 4.
Answ. The Law of the Land must much decide this controversy: If the propriety be actually before transferred to Wife or Children, it is theirs, and cannot be taken from them: But if it were done after by a deed of gift to defraud the Creditors, than that deed of gift is invalid, till debts be paid. If it be but an Obligation and no collation of propriety, the Law must determine who is to be first paid: and whether the Wife be supposed to run the hazard of gaining or losing with the Husband: And though the Laws of several Countries herein differ, and some give the Wife more propriety than others do, yet must they in each place be conscientiously observed, as being the Rule of such propriety. But we must see that there be no fraudulent intent in the transaction.
Answ. The Law of the Land must much decide this controversie: If the propriety be actually before transferred to Wife or Children, it is theirs, and cannot be taken from them: But if it were done after by a deed of gift to defraud the Creditors, than that deed of gift is invalid, till debts be paid. If it be but an Obligation and no collation of propriety, the Law must determine who is to be first paid: and whether the Wife be supposed to run the hazard of gaining or losing with the Husband: And though the Laws of several Countreys herein differ, and some give the Wife more propriety than others do, yet must they in each place be conscientiously observed, as being the Rule of such propriety. But we must see that there be no fraudulent intent in the transaction.