A Christian Directory, Part 2: Christian EconomicsBaxter, Richard
Religion
A Christian Directory, Part 2: Christian Economics
Baxter, Richard
Casuistry; Christian sociology
_Direct._ XII. Dispose not of your husband's estate, without his
knowledge and consent. You are not only to consider, whether the work
be good that you lay it out upon, but what power you have to do it.
_Quest._ But may a woman give nothing, nor lay out nothing in the
house, without her husband's consent? _Answ._ 1. If she have his
general or implicit consent, it may suffice; that is, if he allow her
to follow her judgment; or, if he commit such a proportion to her
power, to do what she will with it. Or, if she know that, if he knew
it, he would not be against it. 2. Or, if the law, or his consent, do
give her any propriety in any part of his estate, or make her a
joint-proprietor, she may proportionably dispose of it in a necessary
case.[24] The husband is considerable, either as a proprietor, or as
her governor. As a proprietor, he only may dispose of the estate,
where he is the sole proprietor: but where consent or the law of the
land doth make the woman joint-proprietor, she is not disabled from
giving for want of a propriety. But then no law exempteth her from his
government; and therefore she is not to give any thing in a way of
disobedience, though it be her own: except when he forbiddeth that
which is her duty, or which he hath no power to forbid. So that in
case of joint-propriety she may give without him, so be it she exceed
not her proportion; and also if it be in a case of duty, where he may
not hinder her; as to save the lives of the poor in extreme necessity,
famine, or imprisonment, or the like. 3. But if the thing be wholly
her own, excepted from his propriety, and she be sole proprietor, then
she need not ask his consent at all, any other way than as he is her
guide, to direct her to the best way of disposing of it: which, if he
forbid her instead of directing her to it, she is not thereby
excusable before God, for the abusing of her trust and talents. 4. I
conceive that _ad aliquid_ as to certain absolutely necessary
uses, the very relation maketh the woman as a joint-proprietor:[25] as
if her husband will not allow her such food and raiment as is
necessary to preserve the lives and health of herself, and all her
children; she is bound to do it without or against his will, (if she
can, and if it be not to a greater hurt, and the estate be his own,
and he be able,) rather than let her children contract such diseases,
as apparently will follow to the hazard of their lives; yea, and to
save the life of another that in famine is ready to perish: for she
is not as a stranger to his estate. But out of these cases, if a wife
shall secretly waste or give, or lay it out on bravery, or vanity, or
set her wit against her husband's; and because she thinks him too
strait or penurious, therefore she will dispose of it without his
consent; this is thievery, disobedience, and injustice.
_Quest._ I. But as the case standeth with us in England, hath the
wife a joint-propriety, or not?
Public-domain text, read in full here on John Shaqi.
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