wherefore it may imply on this occafion “ go away, and leave off
“ fpeaking in this manner;” and the fame alfo of “ get out!” — but
in the third fituation, divorce does not take place without the intention
of the Ipéaker, from the ufe of any expreflion o f implication ;
except fuch as may be equally conftrued into aflent, and into exclamations
of contumely and reproach ; and thofe are the three fol-
lowing;
“ Count!”
“ Choofe!”
“ Your bufinefs is in your own hands !”
from all of which, when ufed in anger, divorce takes place in point .
of law, independant of intention; and the declaration of the hulband,
denying fuch intention, is not to be credited, becaufe the circumftance\
of anger proves the intention to be divorce.— It is recorded from Abv,
1eof f that if the hulband were, in anger; to fay, ,‘ f I have no pro- {
“ perty in y o u !” or “ I have no controul over y o u !” or “ I give']
“ you your own w a y !” or “ I have Separated from y o u !” or “ join
“ yoürfelf to your people!” his declaration is.credited, -even where 1
he denies having intended divorce, becaufe thefe expreflions may all be :
conftrued into exclamations of contumely or reproach, as well as of
divorce; as his words “ I have no property tn you!” may mean (lbe-1
“ caufe you are fo bafe that you are incapable of being confidered as a :
“ property;” and, in the fame manner, his words “ I have no con- !
“ troul over you!” may mean “ becaufe of the wickednefs and ftub-
bornnefs of your dilpolition;” and lo alio “ I give you your own
“ way!” may mean “ becaufe I cannot dired tyou;” and, in like
manner, “ I have feparated from you!” may mean “ becaufe of your
“ vicious dilpolition.”
W h a t has juft been ftated, viz. that “ where the hulband fays, yon
“ are feparated! or, you are cut off! divorce irreverlible takes place,”
is the opinion of our dodtors.— Shcfei has faid that the divorce occa-
lioned by thefe words is reverfble, becaufe the reafon why thofe expreffions
preffions occafion divorce is, that they are implications of divorce;
whence it is that the intention is a condition o f their effedt, and alfo,
that the divorce occalloned by them is complete in part of number,
the fame as in an exprefs divorce, where the hulband is authorized to
pronounce three divorces, and having given one, his authority remains
with refpedt to two other;— and alfo, that if he intend three divorces,
three take place accordingly; and fuch being the cafe, reverfal is lawful
here in the fame manner as in an exprefs divorce, the thing which is
implied.— The argument of bur dodtors on this point is, that the adt o f
irreverlible divorce has proceeded in this cafe from a competent perlon,
and is exercifed upon a fit fubjedt of it, according to the power by
law eftablilhed over the wife, which enables her hulband to put her
away in fuch a manner as that fhe lhall be decifively and irreverfibly
feparated from him ; and here the hulband is competent to the act of
irreverlible divorce, as being of found mind and mature age; and the
wife is a fit fubjedt of it, as being lawfully liable to irreverlible divorce
hefore cohabitation, (and allb after; it where her hulband pronounces it
for a compenfation ;) and this power, like many others, is inftituted
by the law with a view to the convenience o f the individual, which
fometimes requires a decifive leparation to be effedted fow ly and deliberately,
(as in divorce reverfible,) whereas; at other times, it requires
that luch a feparation Ihould take place on the inftarrt, without
any continuance of connexion with the fubjedt o f it, (as in the triple
form of divorce,) and at other times it allb requires leparation to be
completely effedted on the inftant, admitting a continuance of connexion
with the fubjedt; and it is indilpenlably neceflary that this laft
fpecies of irreverfible feparation be alfo countenanced by the laiw, in
order that the door of reparation may not be clofed againft the hulband
ff he Ihould repent; (that is to lay, that it may remain in his power
agam to marry his wife, without her being previoufly married to
another ;)• and alfo, in order that the woman’ s delicacy may be pre-
ferved from the effedt of a divorce, by the man taking her back with-<
out the intervention of marriage with another ; and fuch being the
'^0I" !• I i oafe,