A philologicall commentary, or, An illustration of the most obvious and useful words in the lavv with their distinctions and divers acceptations, as they are found as well in reports antient and modern as in records and memorials never printed : usefull for all young students of the law / by Edward Leigh ...

WIFE.

Wife. After Marriage, all the will of the Wife,* 1.1 in judgment of the Law is subject to the will of the Husband; and it is commonly said, a seme covert hath no will.

If she have any Tenure at all, she holds in Capite, and she hath no title but by her Husband, the maxim of the Lawyers is ••••••r fulget radiis marit••, the Wife shines with her Husbands beams.

Where Baron and Feme commit selony, the Feme can neither be principall, nor accessary, be∣cause the Law intends her to have no will, in re∣gard of her subjection and obedience she owes to her Husband.* 1.2

Our Law saith, that every gift, grant, or disposi∣tion of goods, lands, or other thing whatsoever, made by a woman covert, and all, and every ob∣ligation and seoffment made by her, and recove∣ry suffered, if they be done without her Husbands consent, are void.

Yea, 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 of it during her coverture without her Husband; if any Deed be* 1.3 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* 1.4 to the Wife with his consent, if out of such Lands she grant an annuity to a stranger, the grant is void.

And if he covenant to give her yearly such and

such apparell, she cannot dispose it as she list* 1.5 without his consent, but only me and wear it her self.

Neither can she lease her own Land for years, for life; if the do, it is void, and the Lessee en∣tring* 1.6 by so••ce thereof, is a dissesor to the Husband and trespassor.

If she sell any thing, the sale is void, except she* 1.7 be a Merchant, where by the custom she is inabled to Merchandize.

Finally, she cannot make executors without the consent of her Husband, nor a devise or will▪ Cook 4 Rep. Ognels case* 1.8

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, but it was void at first.

Suppose a woman at the time of her marriage have a lease for years, or the wardship of the* 1.9 body and Lands of an Infant, or have it by gift or purchase, after marriage she cannot give it away whatsoever the extremity be, but her Husband may at any time during coverture dispose of it, and such his disposition shall cut off the wives in∣terest.

By the Common Law Marriage is a gift of all* 1.10 the Goods and Chattels personall of the Wife to her Husband; so that no kind of property in the same remaineth in her.

And all personall Goods and Chattels during Marriage given to the Wife, are presently ipso facto transferred (as to the property of them) to the Husband.

By our Law her necessary apparell is not hers in property. While she remaineth a Wife, she is (to use the Law phrase) under covert Baron: she* 1.11 can neither let, set, al••en, give, nor other∣wise

of right make any thing away.

Notes

• * 1.1

  Cook 4 Rep. Forse and Hemblings case.
• * 1.2

  45 Edw 3. Fitz. Coven 18. 1 H. 5. 12. 6. Perk. cap. de Grant. Nat. Brev. fol. 120. Nat. Brev. fol. 188. 11.
• * 1.3

  Perk. fol. 2. A
• * 1.4

  Perk. fol. 2. B
• * 1.5

  27 H. 8. 27. p. 12.
• * 1.6

  Perk. f. 3, 4
• * 1.7

  21 H. 7. 18 p. 29. Nat. Brev. f. 12.
• * 1.8

  Plowd. Comment. 344 a Bret. and Rig∣dons case.
• * 1.9

  Dr. and Stud. f. 13. Plowd. Comment. fol. 418. 8.
• * 1.10

  12 H. 7. 22. Cook 5 Rep. fol. 36. H. 8. Dyer fol. 6. Dr. and Stu. fol. 13. Plowd. Comment. fol. 36.
• * 1.11

  4 H. 6. 31.