Page:The Hardships of the English Laws in Relation to Wives. Bodleian copy.pdf/47

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were any Part of their Conſderation, it is to be ſuppoſed, that they would be as tender of their own Souls; and to deter an Huſband from Unfaithfulneſs to his Wife, and all others from joining in his Sin againſt her, would empower her to expoſe him, by ſueing the Woman, and recovering Damages of her, for invading her Right, in the ſame Manner as the Law empowers the Huſband to recover Damages for the like Offence. For the Tranſgreſſion againſt God, is as great in the Huſband, as in the Wife, and equally damnable in both: Tho' there is one Circumſtance, which renders it a greater Injury to the Man in his civil Capacity.

Obj. VII. Whether the Exemption of Wives from a Jail in Civil Cauſes, was originally deſigned as a Favour to them, is not the Queſtion; if that Exemption is a Recompence for diveſting them of all Property, the Law is juſtified, whatever Motive it proceeded upon in decreeing ſuch Exemption.

I reply then, full to the Queſtion, That it is not a Recompence.

To diveſt a Man of all Property, and then exempt him from a Jail in Conſequence of his Debts, is juſt ſuch a Privilege in his

Civil