1. Answ. Though it were granted that a wife hath a true property in the goods, yet this conclusion would not follow thereupon, that she hath power of her self to dispose the goods without her husbands consent: for the authority which God hath given an husband, and subjection which he hath laid on a wife, restrain her power and liberty in that ⟨p. 299⟩which is her own: as for example, suppose *that a woman at the time of her marriage have a lease for years, or the wardship of the body and lands of an infant, or have it by gift or 2purchase after marriage, she cannot give it away whatsoever the extremity be: but her husband may any time during coverture, dispose of it: and such his disposition shall cut off the wives interest. Or suppose that the only child of her father be an inheritrix of land, and have in her self (her father being dead) the full possession thereof: or that a widow have the right unto, and possession of her husbands estate, and thus possessed be married to an husband, hath she being a wife liberty to dispose that estate which she brought with her without or against her husbands consent? I think none will say it. Sure I am that what she giveth, lendeth, selleth, or otherwise disposeth without his consent, he if he will, may for his lifetime recover again: and yet no man will deny but that she hath the truest interest and property in the forenamed lands and inheritance.
1. Answ. Though it were granted that a wife hath a true property in the goods, yet this conclusion would not follow thereupon, that she hath power of her selfe to dispose the goods without her husbands consent: for the authoritie which God hath giuen an husband, and subiection which he hath laid on a wife, restraine her power and libertie in that ⟨p. 299⟩which is her owne: as for example, suppose *that a woman at the time of her mariage haue a lease for yeeres, or the wardship of the body and lands of an infant, or haue it by gift or 2purchase after mariage, she cannot giue it away whatsoeuer the extremitie be: but her husband may any time during couerture, dispose of it: and such his disposition shall cut off the wiues interest. Or suppose that the only childe of her father be an inheretrix of land, and haue in her selfe (her father being dead) the full possession thereof: or that a widow haue the right vnto, and possession of her husbands estate, and thus possessed be maried to an husband, hath she being a wife liberty to dispose that estate which she brought with her without or against her husbands consent? I thinke none will say it. Sure I am that what she giueth, lendeth, selleth, or otherwise disposeth without his consent, he if he will, may for his lifetime recouer againe: and yet no man will denie but that she hath the truest interest and propertie in the forenamed lands and inheritance.
- *See Doctr. & stud. fol. 13.
- 2Perk. plito. 560. 26. H. 8. 7. p. 1. Plowd. comment. 418. b.
