2. Answ. It may safely be denied that a wife hath a property in the common goods of the family whereof she is no heir, for property in goods is a civill matter, and to be limited according to the law of man under which we live. Where the law, or custom of the place, make all the children coheirs, all have an equal right to their several parts: where the eldest only is made heir, he hath a right to all: where the youngest only is made heir, he hath a right to all: but neither the law of nations, nor of the land where we live give the wife a property. aBy the common law marriage is a gift of all the goods and chattels personal of the wife to her husband, so that no kind of property in the same remaineth in her. bAnd all ⟨p. 300⟩personal goods and chattels during marriage given to the wife are presently ipso facto transferred (as to the property of them) to the husband. So that by our law she is so far from gaining any property by her marriage in her husbands goods, as she loseth all the property she formerly had in her own goods. Yea cher necessary apparel is not hers in property. While she remaineth a wife she is (to use the law-phrase) under covert baron. dShe can neither let, sell, alien, give, nor otherwise of right make any thing away, no nor yet make a will so to dispose any goods while her husband liveth without his consent: which yet an husband may while his wife liveth, and that without or against her consent.
2. Answ. It may safely be denied that a wife hath a propertie in the common goods of the family whereof she is no heire, for property in goods is a ciuill matter, and to be limited according to the law of man vnder which we liue. Where the law, or custome of the place, make all the children coheires, all haue an equall right to their seuerall parts: where the eldest only is made heire, he hath a right to all: where the youngest only is made heire, he hath a right to all: but neither the law of nations, nor of the land where we liue giue the wife a property. aBy the common law mariage is a gift of all the goods and chattels personall of the wife to her husband, so that no kinde of propertie in the same remaineth in her. bAnd all ⟨p. 300⟩personall goods and chattels during mariage giuen to the wife are presently ipso facto transferred (as to the property of them) to the husband. So that by our law she is so farre from gaining any property by her mariage in her husbands goods, as she loseth all the property she formerly had in her owne goods. Yea cher necessary apparell is not hers in property. While she remaineth a wife she is (to vse the law-phrase) vnder couert baron. dShe can neither let, sell, alien, giue, nor otherwise of right make any thing away, no nor yet make a will so to dispose any goods while her husband liueth without his consent: which yet an husband may while his wife liueth, and that without or against her consent.
- a12. H. 7. 22. Coke rep. 5. fo. 36. 28. H. 6. Dier fol. 6. plito. 5 Doct. & stud. fo. 13. Plowd. Comment. Bracebriges Case.
- b4. H. 6. 31.
- c18. E. 4. 11. p. 4
- dSee §. 26.
