_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?
_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.