His theory, to a certain extent, partakes of the same notion. The
following passage contains a perspicuous exposition of it: ‘Moses, Deut.
xxiv. 1, established a grave and prudent law, full of moral equity, full
of due consideration towards nature, that cannot be resisted, a law
consenting with the wisest men and civilest nations; that when a man hath
married a wife, if it come to pass that he cannot love her by reason of
some displeasing natural quality or unfitness in her, let him write her
a bill of divorce. The intent of which law undoubtedly was this, that if
any good and peaceable man should discover some helpless disagreement
or dislike, either of mind or body, whereby he could not cheerfully
perform the duty of a husband without the perpetual dissembling of
offence and disturbance to his spirit; rather than to live uncomfortably
and unhappily both to himself and to his wife; rather than to continue
undertaking a duty, which he could not possibly discharge, he might
dismiss her, whom he could not tolerably, and so not conscionably,
retain. And this law the Spirit of God by the mouth of Solomon, Prov.
xxx. 21, 23, testifies to be a good and a necessary law, by granting
it that “a hated woman” (for so the Hebrew word signifies, rather than
“odious,” though it come all to one), that “a hated woman, when she
is married, is a thing that the earth cannot bear.”’ And he complains
that the civil law of modern states interferes with the ‘domestical
prerogative of the husband.’
His notion would seem to have been that a husband was bound not to
dismiss his wife, except for a reason really sufficient; such as a
thoroughly incompatible temper, an incorrigible ‘muteness,’ and a
desertion like that of Mrs. Milton. But he scarcely liked to admit that,
in the use of this power, he should be subject to the correction of
human tribunals. He thought that the circumstances of each case depended
upon ‘utterless facts;’ and that it was practically impossible for a
civil court to decide on a subject so delicate in its essence, and so
imperceptible in its data. But though amiable men doubtless suffer much
from the deficiencies of their wives, we should hardly like to intrust
them, in their own cases, with a jurisdiction so prompt and summary.
Public-domain text, read in full here on John Shaqi.
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