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ſhall invade his Property in her, but ſhe cannot recover Damage from a Woman, who ſhall invade her Property in him.
Indeed a Wife may carry her complaint to the ſpiritual Court, and obtain a Sentence and Coſts againſt the Woman who ſhall injure her; but 'tis afterwards in the Huſband's Power to releaſe theſe Coſts,[1] which no Doubt any Huſband would do, in Favour of a Woman whom he preferred to his Wife. If a Wife impatient of an Injury of this Kind, which is indeed a virtual Diſſolution of the Marriage, appeals to the higher Powers for an actual Divorce, 'tis poſſible ſhe may obtain it, with a ſmall Pittance, with which ſhe may keep herſelf from Diſeaſe and Want. If ſhe brought the whole that the Huſband poſſeſſes, ſhe may be aſſigned the fourth or fifth Part, and be (which it muſt be ſuppoſed the Law can give a wife and equitable Reaſon for) be indulged with the Remainder, to make as juſt uſe of, as he had done with the Whole.
- ↑
"If a Feme Covert ſue another in the ſpiritual Court, for Incontinency with her Huſband, and recover ten Pounds Coſts, and the Huſband releaſe them, ſhe is by this Barred."
Salked's Reports of Caſes adjudged in the Court of Kings Bench. Vol. I. p 115.
See Mrs. Hewſon's Caſe.
