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ADULTERY
If by this be meant, that the question of relative compensation For this purpose we must make a distinction between an absolute and a relative compensation happiness restored to the aggrieved ought not to be more in the one case than in the
other, [all circumstances except that of a person being equal] my sentiments are the same — If it be meant, that the absolute compensation,
the numerical Sum ought to be no more, it is my unhappiness to think otherwise.
My reason is that one ought to have an equivalent for his damage, as well as the
other
Spoliandeus ante omnia restituendus and the Sum that is an equivalent to the one is not to the other — I think it will be
allowed by those who take their notions of human characters
that 50 or if it so please a 100£ would to the meanest peasant, or even to a peasant
considerably above the meanest be a very full equivalent for such a misfortune — but
100£ is not an equivalent to a Nobleman — if it were so it might as well be fixed by
Law; and men would a man who could his neighbour's wife in a humour to be complaisant to him
would have nothing to do, but to call for a Bill & pay the money, like the [then
droll wag who in virtue of a Law made in the times of poverty amused himself with taking a Prester or a Consul for his a Foot-Ball
We read in the same history, of a modest proposition made in the Senate, that the
Emperor should be empower'd by Law to enjoy what Women -an he pleased: this doctrine is
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less effectual in one particular, view in that the benefit of it extends only to married women
it is more so in another, by how much more the number of those who could spare such
a Sum of money for such an occasion for their amusement, exceeds one.
This from hence I conclude, that this [latter] was not the of that noble
Magistrate.
But I am one amongst others, who could have wished Compensation Redress not sufficient, but Banishment necessary — because if nothing more was inflicted, the poor would be under Terror if those whose riches were sufficient to command the favors of their wives: for they would have only a of a redress for one injury very difficult to be proved & which when it comes is by the no more than adequate I will put a case by way of illustration & not as building any thing on the accuracy of the proportions
SEDUCTION ADULTERY Indirect Legislation
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