82. But the husband and wife, though they have but one common
concern, yet having different understandings, will unavoidably
sometimes have different wills too. It therefore being necessary
that the last determination (i.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 true possession
of what by contract is her peculiar right, and at least gives the
husband no more power over her than she has over his life; 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.
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 doth not abridge the right or power of either, naturally
necessary to those ends- viz.
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