e. the rule,
should be placed somewhere; it naturally falls to the man's
share, as the abler and the stronger. But this reaching but to
the things of their common interest and property, leaves the wife
in the full and free possession of what by contract is her
peculiar right, and gives the husband no more power over her life
than she has over his; the power of the husband being so far from
that of an absolute monarch, that the wife has in many cases a
liberty to separate from him, where natural right, or their
contract allows it; whether that contract be made by themselves
in the state of nature, or by the customs or laws of the country
they live in; and the children upon such separation fall to the
father or mother's lot, as such contract does determine.
Sec. 83. For all the ends of marriage being to be obtained
under politic government, as well as in the state of nature, the
civil magistrate cloth not abridge the right or power of either
naturally necessary to those ends, viz. procreation and mutual
support and assistance whilst they are together; but only decides
any controversy that may arise between man and wife about them.
If it were otherwise, and that absolute sovereignty and power of
life and death naturally belonged to the husband, and were
necessary to the society between man and wife, there could be no
matrimony in any of those countries where the husband is allowed
no such absolute authority.
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