Page:The Hardships of the English Laws in Relation to Wives. Bodleian copy.pdf/48

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.

[ 42 ]

Civil Capacity, as it would be in his Natural one, to diveſt him of all Pleaſure, and in Return to decree that he ſhould feel no Pain. As ſuch Exemption from Pleaſure and Pain would, in Effect, ſtrike him out of Being as a Man, ſo Inch diveſting him of all Property, with ſuch Exemption from Payment of Debts, is, in Effect, to cut him off from being a Member of Civil Society.

As a Man would chuſe to retain his Natural Pleaſures, and run the Hazard of Natural Pains, ſo he would chuſe to retain his Civil Rights, and run the Hazard of Civil Inconveniencies.

Till it ſhall appear that theſe are not parallel Caſes, I believe I may conclude, that Exemption from Debts is not a Recompence for diveſting of Property.

Obj. VIII. But ſtill the Diſtinction as to the Roman Captives remains unanſwered, namely, that Marriage is a voluntary Act[1], and that Women are not forced into it.

I ſuppoſe it cannot be ſaid, to be always voluntary, for in many Inſtances Women

are

  1. Does this Voluntary Act, tend to the Good of the Community? If it does, is not its being voluntary a Merit? ſhould it not therefore entitle us to Privilege and Favour. If involuntary, and we ſuffer from it; to Pity and Relief, as far as it can be given?