Of domesticall duties eight treatises. I. An exposition of that part of Scripture out…
Of domesticall duties eight treatises. I. An exposition of that part of Scripture out of which domesticall duties are raised. ... VIII. Duties of masters. By William Gouge.
William Gouge 1578–1653London: printed by John Haviland for William Bladen, 1622London: printed by Iohn Haviland for William Bladen, 1622
[24], 191, 196-693, [3] p. · 266k words · STC 12119 · ESTC S103290
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.
A fourth is taken from the laws of men whereunto we are subject, and which we must obey even for conscience sake, so far as they thwart not Gods Law, which in this case they do not, as the reasons before gathered out of Gods word do show.
A fourth is taken from the lawes of men whereunto we are subiect, and which we must obey euen for conscience sake, so farre as they thwart not Gods Law, which in this case they doe not, as the reasons before gathered out of Gods word doe shew.
Now our Law saith, that aevery gift, grant, or disposition of goods, lands, or other thing whatsoever made by a woman 2covert, and all and every obligation and feoffment made by her, and recovery suffered, if they be done without her husbands consent, are void. Yea, b
if she do wrong to another, she hath not any thing to make satisfaction during coverture: either her husband must do it, or by imprisonment of her person must it be done. And
though she have inheritance of her own, yet can she not grant any annuity out of it during her coverture, without her husband: if any deed be made to that purpose without his consent, or in her name alone, it is void in law. Yea,
if there be debate between the husband and his wife, whereby certain lands of the husbands be assigned to the wife with his consent, if out of such lands she grant an annuity to a stranger, the grant is void. And
Neither can she lease her own land for years, for life, &c. if she do, it is void, and the Lessee entering by force thereof, is a Disseisor to the husband, and Trespassor. And
If she make a will, and thereby devise her own inheritance, and her husband die, and she after die without any new publication of it, it is of no force, because it was void at first. These and many other like cases which might be alleged evidently show that by law a wife hath not
⟨p. 297⟩
power of her self, without her husband, to dispose the common goods of the family.
Now our Law saith, that aeuerie gift, grant, or disposition of goods, lands, or other thing whatsoeuer made by a woman 2couert, and all and euerie obligation and feoffment made by her, and recouerie suffered, if they be done without her husbands consent, are void. Yea, bif she doe wrong to another, she hath not any thing to make satisfaction during couerture: either her husband must doe it, or by imprisonment of her person must it be done. And cthough she haue inheritance of her owne, yet can she not grant any annuitie out of it during her couerture, without her husband: if any deed be made to that purpose without his consent, or in her name alone, it is void in law. Yea, dif there be debate betweene the husband and his wife, whereby certaine lands of the husbands be assigned to the wife with his consent, if out of such lands she grant an annuitie to a stranger, the grant is void. And eif he couenant to giue her yeerely such and such apparell, she cannot dispose it as she list without his consent, but only vse and weare it her selfe. fNeither can she lease her owne land for yeeres, for life, &c. if she doe, it is void, and the Lessee entring by force thereof, is a Disseisor to the husband, and Trespassor. And gif she sell any thing, the sale is void, except she be a merchant, where by the custome she is enabled to merchandize. Finally, hshe cannot make executors without the consent of her husband, nor a deuise, or will. iIf she make a will, and thereby deuise her owne inheritance, and her husband die, and she after die without any new publication of it, it is of no force, because it was void at first. These and many other like cases which might be alleaged euidently shew that by law a wife hath not ⟨p. 297⟩power of her selfe, without her husband, to dispose the common goods of the familie.
a45. E. 3. Fitz. Coven. 18.45. E. 3. Fitz. Couen. 18.
21. H. 5. 12. b. Perk. cap. de Grant. Nat. Breu. fol. 120. G.
1. The estate of the family might be wasted before any redress could be thought of: for if the wife may dispose the goods without her husbands consent, it must also be granted without his knowledge: for it is to be supposed that if he knew of the disposing of that which he liketh not, he would hinder it: if without his knowledge, then may that which he thinketh to be remaining as a stock for the family, be laid out by the wife, and nothing left: whereas if he knew of the spending of that stock, it might be he would be more thrifty and sparing in other expenses.
1. The estate of the family might be wasted before any redresse could be thought of: for if the wife may dispose the goods without her husbands consent, it must also be granted without his knowledge: for it is to be supposed that if he knew of the disposing of that which he liketh not, he would hinder it: if without his knowledge, then may that which he thinketh to be remaining as a stocke for the family, be laid out by the wife, and nothing left: whereas if he knew of the spending of that stocke, it might be he would be more thrifty and sparing in other expences.
Answ. Wives cannot always know their husbands ability: for their husbands may be much indebted, and yet to maintain his credit, whereby he hopeth to raise his estate, may allow liberal maintenance for his house, if thereupon his wife shall gather that he is very rich, and accordingly be very bountiful in her gifts, she may soon go beyond his ability, and so increase his debt, as he shall never be able to recover himself.
Answ. Wiues cannot alwaies know their husbands ability: for their husbands may be much indebted, and yet to maintaine his credit, whereby he hopeth to raise his estate, may allow liberall maintenance for his house, if thereupon his wife shall gather that he is very rich, and accordingly be very bountifull in her gifts, she may soone goe beyond his ability, and so increase his debt, as he shall neuer be able to recouer himselfe.
2. Persons of contrary religions and dispositions being 1out of the family, might be maintained by the goods of the same family: for if the husband were of one religion, and the wife of another, he without her knowledge might maintain those of his religion, and she without his knowledge might maintain them of her religion.
2. Persons of contrary religions and dispositions being 1out of the family, might be maintained by the goods of the same family: for if the husband were of one religion, and the wife of another, he without her knowledge might maintaine those of his religion, and she without his knowledge might maintaine them of her religion.
12. Professors of contrary religions may be sustained by the goods of the same family.2. Professors of contrarie religions may be sustained by the goods of the same family.
Answ. If Divines grant them this liberty, they will themselves judge and determine who be of the household of faith: ⟨p. 298⟩Popish wives will say (say we what we can to the contrary) that Jesuits, Priests, and Friars, are of the household of faith, principal members thereof.
Answ. If Diuines grant them this liberty, they will themselues iudge and determine who be of the houshold of faith: ⟨p. 298⟩Popish wiues will say (say we what we can to the contrary) that Iesuites, Priests, and Friers, are of the houshold of faith, principall members thereof.
3. Many jars and contentions would thence arise betwixt 1husband and wife: for if a wife shall persist to do that which her husband will not consent unto, assuredly one of a thousand will not well brook it, but will rather seek all the ways he can to cross her; thinking himself despised, if she, whether he will or no, have her mind.
3. Many iarres and contentions would thence arise betwixt 1husband and wife: for if a wife shall persist to doe that which her husband will not consent vnto, assuredly one of a thousand will not well brooke it, but will rather seeke all the wayes he can to crosse her; thinking himselfe despised, if she, whether he will or no, haue her minde.
13. Jars would arise betwixt man and wife.3. Iars would arise betwixt man and wife.
Answ. If the husband peremptorily stand upon his authority, and by all the fair means that can be used, will not yield this liberty, I know not what better respect she can show to this authority, then to forbear and abstain from doing that which otherwise she would most gladly do: But if when it cometh to the uttermost point, and she shall say it is her right, and if she cannot have his consent, she will do it without his consent, she therein showeth no great respect.
Answ. If the husband peremptorily stand vpon his authoritie, and by all the faire meanes that can be vsed, will not yeeld this libertie, I know not what better respect she can shew to this authoritie, then to forbeare and abstaine from doing that which otherwise she would most gladly doe: But if when it commeth to the vttermost point, and she shall say it is her right, and if she cannot haue his consent, she will doe it without his consent, she therein sheweth no great respect.
