ABSTRACT

This chapter discusses the Law, wives and the marital economy in sixteenth-century Antwerp. Evolution of written norms, for example in contractual practice, is presumed, and all types of rules and sources of law are deemed to have interacted with each other. Some detailed historical analyses have yielded the conclusion that in early modern cities in Western Europe, wives could participate in economic life autonomously from their husbands in some respects. A marital regime based on the conjugal fund stimulated the wives to take part actively in the family business. Married women were the 'passive' owners of the marital estate, but at the same time the husband was expected to exercise his authority responsibly and for the mutual benefit of the spouses and their family. Theoretically, men could make wills from the age of 14 and women from the age of 12. A wife, although under the legal authority of her husband, was entitled to make a will without his consent.