Page:The Hardships of the English Laws in Relation to Wives. Bodleian copy.pdf/33

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Temptation to them, to comply with the Command of an Huſband be the Inſtance ever ſo ſinful, and to ſtand more in awe of a temporary Reſentment from him, than of the eternal Reſentment of Omnipotence itſelf.

This is one of the notable Privileges of an Engliſh Wife. I ſhall conſider a few more of them, as compared to the Privileges of a Roman Wife, and ſee what Figure they make in the Compariſon.

By the Civil Law, Wives have a Right to ſome Privileges of which the Enlgiſh Law wholy diveſts them. As I apprehend, the Civil or old Roman Laws are of no Force, where a Statute, or common Law of England contradicts them.

First then, [1] "The Laws of Rome appointed the Wife to be ſole Heir, when "the Huſband dyed without Iſſue".

The moſt a Woman can claim by the Laws of England, is one third of her deceaſed Huſband's Eſtate.

Again by the Civil Law,[2] "a Woman is not conſtrained to bring her whole Subſtance as a Portion to her Huſband, but may retain back Part of her Goods,

  1. Mr. Wheatley's Rational Illuſtration of the Book of Common Prayer &c.. p. 439.
  2. Wood's New Inſtitute of the Civil Law. p. 53.
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