A Christian Directory, Part 2: Christian EconomicsBaxter, Richard
Religion
A Christian Directory, Part 2: Christian Economics
Baxter, Richard
Casuistry; Christian sociology
_Answ._ Three ways (at least) she may have a propriety. 1. By a
reserve of what was her own before; which (however some question it)
may in some cases be done in their agreement at marriage. 2. By the
law of the land. 3. By the husband's consent or donation. What the law
of the land saith in case, I leave to the lawyers; but it seemeth to
me, that his words at marriage, "With all my worldly goods I thee
endow," do signify his consent to make her a joint-proprietor: and his
consent is sufficient to the collation of a title to that which was
his own. Unless any can prove, that law or custom doth otherwise
expound the words, (as an empty formality,) and that at the contract,
this was or should be known to her to be the sense. And the laws
allowing the wife the third part upon death or separation, doth
intimate a joint-propriety before.
_Quest._ II. If the husband live upon unlawful gain, as cheating,
stealing, robbing by the high-way, &c. is not the wife guilty as a
joint-proprietor, in retaining such ill-gotten goods, if she know it?
And is she bound to accuse her husband, or to restore such goods?
_Answ._ Her duty is first to admonish her husband of his sin and
danger, and endeavour his repentance, in the mean time disclaiming all
consent and reception of the goods. And if she cannot prevail for his
repentance, restitution, and reformation, she hath a double duty to
perform; the one is to help them to their goods whom he hath injured
and robbed (by prudent and just means); the other is to prevent his
robbing of others for the time to come. But how these must be done is
the great difficulty.
1. If she foresee (or may do) that either by her husband's displeasure,
or by the cruel revenge of the injured party, the hurt of discovering
the fraud or robbery will be greater than the good, then I think that
she is not bound to discover it. But by some secret, indirect way, to
help the owner to his own; if it may be done without a greater hurt.
2. To prevent his sin and other men's future suffering by him, she
seemeth to me to be bound to reveal her husband's sinful purposes to
the magistrate, if she can no other way prevail with him to forbear.
My reasons are, because the keeping of God's law, and the law of the
land, and the public order and good, and the preventing of our
neighbours' hurt by robbery or fraud, and so the interest of honesty
and right, is of greater importance than any duty to her husband, or
preservation of her own peace, which seemeth to be against it. But
then I must suppose that she liveth under a magistrate, who will take
but a just revenge. For if she know the laws and magistrate to be so
unjust, as to punish a fault with death, which deserveth it not, she
is not to tell such a magistrate, but to preserve her neighbours'
safety by some other way of intimation.
Public-domain text, read in full here on John Shaqi.
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