Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/458

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442
The Rights
Book 1.

the rank and quality of the parties. But in caſe of elopement, and living with an adulterer, the law allows her no alimony[1].

III. Having thus ſhewn how marriages may be made, or diſſolved, I come now, laſtly, to ſpeak of the legal conſequences of ſuch making, or diſſolution.

By marriage, the huſband and wife are one perſon in law[2]: that is, the very being or legal exiſtence of the woman is ſuſpended during the marriage, or at leaſt is incorporated and conſolidated into that of the huſband: under whoſe wing, protection, and cover, ſhe performs every thing; and is therefore called in our law-french a feme-covert, foemina viro co-operta; is ſaid to be covert-baron, or under the protection and influence of her huſband, her baron, or lord; and her condition during her marriage is called her coverture. Upon this principle, of an union of perſon in huſband and wife, depend almoſt all the legal rights, duties, and diſabilities, that either of them acquire by the marriage. I ſpeak not at preſent of the rights of property, but of ſuch as are merely perſonal. For this reaſon, a man cannot grant any thing to his wife, or enter into covenant with her[3]: for the grant would be to ſuppoſe her ſeparate exiſtence; and to covenant with her, would be only to covenant with himſelf: and therefore it is alſo generally true, that all compacts made between huſband and wife, when ſingle, are voided by the intermarriage[4]. A woman indeed may be attorney for her huſband[5]; for that implies no ſeparation from, but is rather a repreſentation of, her lord. And a huſband may alſo bequeath any thing to his wife by will; for that cannot take effect till the coverture is determined by his death[6]. The huſband is bound to provide his wife with neceſſaries by law, as much as himſelf; and if ſhe contracts debts for them, he is obliged to pay them[7]; but, for any thing beſides neceſſaries, he is not chargeable[8]. Alſo if a wife elopes, and lives with another man, the

  1. Cowel. tit. Alimony.
  2. Co. Litt. 112.
  3. Ibid.
  4. Cro. Car. 551.
  5. F. N. B. 27.
  6. Co. Litt. 112.
  7. Salk. 118.
  8. 1 Sid. 120.
huſband