case Newsome v bowyer Lord chancellor king Eq can ab pl where the husband be  attaint of felony and pardon on condition of transportation and afterward the  wife become entitle to some personal estate as orphan to a freeman of London  this personal estate decree to belong to the wife as to a feme sole a husband  one Dawson be attaint of felony for raze and alter a bank bill and afterward  pardon upon condition he shall within month transport himself out of his  majesty dominion of great Britain and Ireland and continue in exile during his  life after the pardon upon the death of the wife father who be a freeman of  London a share of the orphanage part come to the wife of the person peer  William er p attaint and it be admit that the orphanage part come to the wife  after the pardon of the husband and after such time as he have transport  himself be not forfeit but then it be object that the same come to the wife  after the pardon of the husband do belong to the husband who by the pardon be  become capable of take on the other side it be insist that this be just as if  the husband have be banish by act of parliament or have peer William abjure  the realm like the case of judge Belknap or that of Thomas de Wayland Inst  where it be say that the wife of one banish for life may sue as a feme sole  the same of the wife of one who have abjure the realm it be a civil death and  that this be to be compare to abjuration which be a voluntary act of the party  and in which case the law former be that one who have commit felony and flee  to a church or sanctuary provide he shall voluntary abjure the realm be not  punishable with death a d the case in vern countess of Portland v Prodgers be  cite where it be determine that the wife of a husband banish for life may make  a will and act in all thing as a feme sole see also salk dear v Dutch of  mazarine the Lord chancellor seem to hesitate somewhat in his opinion but  express a inclination to assist the wife nevertheless he think this be no  banishment which can be but by act of parliament Inst neither can it as he  apprehend be resemble to abjuration however his peer William lordship order it  to come on again and the matter to be state in a petition by way of case a  feme covert have a separate estate may in a court of equity be sue as a feme  sole and proceed against without her husband and where relief be seek against  the separate estate of the wife service of process on the husband alone be not  sufficient but the wife must be also serve Jones v Harris Ves for in respect  of her separate estate she be look upon as a feme sole vern see Powell v  hankey ante vol and in a court of equity though not in law baron and feme be  consider as two different person and therefore a wife by her prochein any may  sue her own husband precedent in chancery vern and in the case of bell v  commissary hide wife upon affidavit that she have a separate estate a subpoena  serve upon her to appear and answer for such time as her husband be go to  holland and in the queen service be by the Lord keeper Harcourt after advice  with sir John Trevor master of the roll rule good and the wife in that case  pray and have time to answer last seal after hill term Prec Ch as so little  occur in the modern book concern abjuration it be presume the follow account  of it will not be unacceptable to the reader by the ancient commonlaw of  England if a man commit any felony except sacrilege and flee to a parish  church he may within forty day before the coroner confess the felony and take  a oath to abjure the kingdom for ever and if he thus confess and take the oath  he be thereby attaint of the felony and then he have forty day from the come  of the coroner to provide and prepare for his voyage and the coroner assign to  he such a port as he choose for his departure out of the kingdom and if he do  not go straightway out of the kingdom or be go out do return without licence  he have judgement to be hang except he be a clerk and then he have his clergy  this practice be what the law call abjuration and be by several regulation in  the time of Henry in effect take away the revival thereof be by the Elizabeth  cap sect think to be a wholesome severity fit to be inflict on the protestant  dissenter of those time but the toleration act I W m stat cap sect do express  and by name exempt the protestant dissenter from the penalty of the Elizabeth  see sir Peter king speech in maintenance of the second article of impeachment  at dr sacheverell trial state trial vol v p it appear from the register book  that on the that of march the sum of pound S halfd be order to be lie out on  government security with the approbation of the master and that the interest  and produce thereof and likewise the arrear of the dividend on pound S S  annuity and the future dividend shall be pay to the wife for her maintenance  until further order of the court and that afterward the wife on the husband  die marry again and on the petition of the second husband and wife hear that  Oct it be order that the trustee in the freeman will shall transfer the pound  S S annuity and also pay the pound S d and the dividend to the second husband  peer William er p peer William de term S the number three