CUSTUMAL: CAPITULUM 29

Where the wife of a comburgess has borrowed goods from a neighbour (with or without providing any security for the loan), without the knowledge of her husband, the husband is nonetheless answerable for the loan. Provided that the husband and wife are on good terms, viz.: that they were living together when the goods were borrowed, or were living apart with his consent and at his wish; that the wife is of good reputation and has not separated from her husband through deceit or her own wilfulness; that the separation is not the result of dishonest and bad behaviour on the part of the wife, intending to do mischief (as opposed to harsh maltreatment by the husband). If any of these proves to be otherwise, then the husband may not be held liable for the loan. Creditors lending anything to a woman who is separated from her husband without good cause do so at their own risk, if the husband has not consented to the loan.

[This chapter is more interesting for what it reveals about marriage relations than its ostensible purpose of dealing with pleas of debt in a specialized situation.]