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Essays. In that most valuable and learned work "Of the Law of Nature and Nations," there is a quotation made, which exactly applies to the immediate purpose; and shall here be given at length.

"Incorrigible disparity of mind, or stubborness of temper, rendering a woman unfit to live in society with such a particular man, and hindering the chief benefit of matrimony, mutual help and refreshment, is a much weightier cause of divorce, than any natural defect, any distemper, any uncleanness of body, which yet were allowed as lawful pleas by the Jewish dispensation; no partnership can oblige persons concerned, in contradiction either to the chief end of its institution, or to the intentions and hopes of both, or of either member. Now it was the design of the wise Creator, not to give man a domestic torment, but a kind help to join with him,

* Vide Puffendorf, book vi. chap. 1.

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him, not only in the bringing of children' into the world, but in the education of themi, and in the whole business of life; which end, intolerable sourness of temper doth plainly pervert and destroy. It looks absurd and unreasonable, that the Canon Law should without scruple declare Impotency a sufficient cause of dissolving Matrimony, and yet allow no regard to the manners and dispositions of the parties: especially since the former may immediately be discovered; whereas 'tis usual craftily to disguise and conceal the latter, till the poor Man runs ignorantly into the snare, whence he can never be released. It is against the law of charity. nay, it is most barbarous and inhuman to confine and chain down a Man to such miseries as are not to end till his death; and which would admit of an easy cure, did not the severity of this positive ordinance stand in the way: inasmuch as God Almighty, in his laws and commands, seems to have mercifully

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cifully accommodated himself to the infirmity of human nature.

"The Holy Scriptures prescribe Matrimony among other reasons, for the avoiding of temptations to Incontinence. But now the Man who can find in Marriage no rest or comfort to his mind, who is perpetually teased and disturbed, by an untoward partner, must needs be assaulted with stronger temptations, than if he lived in Celibacy.

"We are commanded in Holy Scripture to remove from us all obstacles of piety: amongst the chief of which we may fairly reckon the. frowardness of an incorrigible and insepara ble companion. It is repugnant to nature, that two minds directly opposite, and admitting of no possibility of union, should be tied together in a bond never to be broken.

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"The Christian Emperors have declared it as their judgment, that the plotting of either party against the life of the other, is a good reason of divorce: and how many Men's lives have been unhappily shortened by these continual griefs and discomforts? Marriage is a Society; but human Societies, inasmuch as they are held together in a Moral Bond, consist rather in the union of Souls than of Bodies. Should we say otherwise of Marriage, we should degrade it below the coupling of beasts, in which we frequently observe some sort of affection and good-will in the mates to each other. When therefore, the soul doth not find in matrimony that sweet agreement which it sought, so ill matched a pair live rather in the misery and hardship of a prison, than in the comfort of society. Solemn oaths, if either in themselves improper, or tending to the prejudice of a third party, are capable of a dispensation; and hath not the marriage covenant a good right to the same favour? Nor will it signify any thing

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thing to answer here, that unhappy matches are laid on men by Divine Providence, for the trial and exercise of their patience. For diseases and other calamities are most certainly sent from Heaven; and yet the appli cation of human remedies was never forbidden in such cases." But may the wound be spared, and hence the reluctant remedy prevented.

"The knot which we endeavour to tie too tight," says the celebrated Rosseau, "breaks;” "it is the same," adds he, " in marriage, when we endeavour to give it more strength than it should have. The fidelity which it imposes on both sides is the most sacred of all laws; but the power it gives each over the other is too great. Constraint and love go ill together, and pleasure will not be commanded."

There can scarcely be a doubt, that the weighty

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