Page:The Hardships of the English Laws in Relation to Wives. Bodleian copy.pdf/28

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much as the Commands of an Huſband, ſeem to ſuperſede all other Authority whatſoever: At leaſt that appears to be the Senſe of the executive. Powers, who are ſuppoſed to act according to Law; for when the King delegates his executive Authority to his Judges, and a Man and his Wife are brought before them, and indicted for Murder, an horrid Sin againſt God, and the greateſt Sin againſt the State (except Treaſon) the Wife as acting under the Command of the Huſband ſhall be acquitted, and the Man hanged. What an Intimation does that give, that our Laws will at leaſt, connive at an Outrage againſt God, and tearing aſunder the very Bands of Society, provided the Woman acts in Obedience to her Huſband? That is to be her firſt Principle, and ſhe is to be judged according to it.

But perhaps it may be ſaid, that in proceeding thus, the Law Regards the Power, not the Authority of the Huſband. and that a Wife ſhall not be acquitted for Murder, unleſs it appears to have been done in the Preſence of the Huſband, when the Law ſuppoſes ſome Coercion, which is the Effect of Power, not Authority, his bare Command is nothing.

Whence is that Power ſuppoſed to ariſe? Not from perſonal Strength, for that would

be