the Greeks and Romans.- Power of the archon at Athens.--
Pericles and his wife.--Cato and Martia.-Corruptions of the em-
pire.—Error of Dionysius Halycarnassæus.-Dissolution of mar-
riage in Switzerland.-In republican France.-Consequences of
its abrogation as stated by d'Herbouville and Bulwer.—Effects of
a liberal system in some of the South Sea Islands. Practice of
the North American savages.-What the physical foundations of
indissolubility in marriage ?—Reply.-Advantages of experience.
- The strongest argument for duration.—Montesquieu's opinion.
-Hume's opinion.—Madame de Stael's lamentation.-Motive of
the canon and English law.-Equivocal and vague arguments.-
The subject not analytically examined.—The consideration of
children applicable only where children exist.–Subject first to
be discussed without reference to children.-Divorce divided into
that properly so called and repudiation.—Divorce, the affair only
of two independent beings.—Repudiation requiring at most fair
defence and attainment of justice.—But Milton referred to.-Both
divorce and repudiation require temporary separation of parties.-
Children enhance the difficulty of divorce and repudiation.— They
demand the interference of a fourth party in society.-Divorce
and repudiation not to be permitted until children shall not suffer
by separation or desertion of parents.—The age to be attained by
them a subject of due consideration.--Motive it should afford to
parents.-Objection to this as an infliction on parents. This, the
consequence of their own act; and its good effects.--Infidelity as
facilitating divorce.-Divorce only for adultery on the part of the
wife, in the notion that she alone can vitiate offspring.—The
offence, however, equal on both sides.-If a wife deceive her own
husband, he deceives the husband of another. When neither
another family nor society considered, but solely the relations of
husband and wise, the offence of the latter is only to the former,
while that of the former is to another husband.Where no off
spring, no enhancement of offence, which is equal on both sides.
-No difficulty as to parentage of children.-He whom a child
doos 'not resemble, not its father.-Punishment for such aggra.
vation unjust until its commission proved.—Absurdity of legal
offence making divorce easy. The consequence of this, en.
*couragement of such offence.-Such, the whole of the just and
natural impediments to divorce.-Relation of husband and wife.