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mate does not necessarily occasion any exception to this Rule. Thus the Law of Justinian, promulgated by the Romans in the climate of modern Turkey, is express*: "Duas uxores eodem tempore habere non licet."
Yet the Laws of several Countries in various ways take note of other unions arising from the irregalar op. eration of those Desires and Affections which lead to Family connexions. There are various provisions in the Laws of Rome respecting Concubines; and in our own Laws, with regard to Illegitimate Children, or Bastards. By the Roman Law, a true marriage could only take place between Roman citizenst: "Justas nuptias inter se cives Romani contrahunt qui secundùm precepta legum coeunt." No other unions were complete marriages.
It depends upon the law, and the general structure of each State, whom a citizen is allowed to marry. He may be prohibited from taking a wife beyond a certain circle. He may be forbidden to marry a stranger. He may be compelled to marry, not only within his own Nation, but within his own Tribe.
205. On the other hand, men and women are, in almost all countries, forbidden to marry within a certain circle of relationship. Marriages within these limits were forbidden by the Romans as Nuptia incesta; and the union of persons so related is Incest. Such unions were those of Parents and Children, Brothers and Sisters‡. Nuptiæ consistere non possunt inter eas personas quæ in numero parentium libe
* Inst. 1. 10. 6. It is not lawful to have two wives at the same time.
+ Inst. 1. 10. 1. That is a true marriage which is contracted between Roman citizens who come together in the manner directed by the Law.
+ Marriage cannot take place between those persons who stand in the relation of parents and children, whether of a near or of a more remote degree, to any number of steps.
rorumve sunt, sive proximi sive ulterioris gradus sunt, usque ad infinitum." The degrees of kindred between which marriage is prohibited have been different in different times and places. But everywhere incestu. ous unions have been looked upon not only with condemnation, but with horror. It has been conceived that there is a Divine curse upon them.
The chastity of woman, which, as we have seen (187), is so highly prized, requires to be guarded and supported by the sympathy and reverence of her Family for this treasure. Her relatives, with whom she familiarly lives, especially her Father and her Brothers, are the natural Guardians of her purity. In the intercourse between men and women not withheld by any impediment, the thoughts often turn to the union of sexes. Men are prone to solicit, and women apt to yield, when the union is one on which the thoughts are allowed to dwell. The opportunity and authority which near relationships usually give, would add to this tendency, if the belief of a Divine curse upon transgression did not keep the thoughts and affections in harmony with the reverence for the woman's chastity. The Law supports this tone of the thoughts and affections, by its prohibition of incestuous marriages.
THE RIGHTS OF GOVERNMENT, OR STATE RIGHTS.
206. We have already stated (48), that among the most powerful Springs of Human Action is the Desire of Civil Society; and that man cannot exist as man except he exist in Civil Society, under the sway of Rules of Action really enforced by some of the
Members of the Community. Those Members of the Community, whose office it thus is to enforce the Rules, through which the Community subsists, are, for this purpose, invested with Rights, which are here termed Rights of Government. The possessor of these Rights is spoken of as having Authority in the Community.
207. We have rights of this kind even in the Family; and especially in Families where the paternal Power is most ample. As we have seen (185), in some countries, the Father has exercised a power of Life and Death over the Son. We may, in such a case, conceive the Father laying down Rules for the conduct of the Family, and enforcing them by any penalties which he may appoint.
When the Children of such a Family grow up, and when they themselves marry and have children, we may still conceive the habit of obedience to the Head of the Family to remain. As the Family extends, it becomes a Family in a wider sense; a House, a Tribe, a Clan, a Nation; but it may still continue to recognize a Supreme Right to obedience in the common parent. Such is a Patriarchal Government. The Right of Government is here vested entirely in the Patriarch. The other members of the Community have only the Obligation of Obedience towards him.
208. The Patriarchal Government is naturally broken up by the death of the Patriarch. We may suppose a Patriarchal Government to be continued generation after generation, by some agreement in the Family, as to who is to inherit the Patriarchal Authority but such a government, though it may exist as an Institution, is no longer the natural result of the Family habits of affection and obedience. To obey a brother, a nephew, or a remoter relative, is not a natural, necessary, and universal rule. The Patriarchal Form of Society being broken up, the mixtures of Families, their migrations and various for
tunes, still further loosen and destroy the bonds of Patriarchal Government, and form men into Nations, according to various conditions of race, dwellingplace, and history. The National Government then takes place of the Patriarchal.
209. The person or persons in whom the Supreme Authority in each nation resides, are determined in every case by the History of the nation (97). The whole past History of each nation has terminated in the Fact of its present Government. In the Course of History, the Governing Authorities of Nations have passed into various hands, have been variously distributed, and have assumed many various forms. Nations which were formerly separate, are now united under the same Supreme Authority: Nations which were formerly united as one, have now separate governments: the Lines of Succession of Governors, the modes of appointing them, the way of their exercising their authority in each nation, have changed. The Laws by which they govern have also changed. But in every nation, so far as it is subjected to Rules of Action; so far as its members really possess Rights and Obligations; there is some Supreme Authority, in which the Rights of Government are vested.
210. The Supreme Authority may reside in one Person, or in many. It may be exercised by one Person, under conditions depending upon the consent and co-operation of others. In almost all nations, there is a Difference of Ranks, connected with the conditions of the exercise of the Supreme Power. Besides the highest Governor, (King, Consul, President, or in whatever other name he governs,) there are Nobles, Senators, Lords, Citizens, Aliens, often Slaves. Some of these Ranks have Authority, which, like that of the highest Governor, is the result of the History of the Nation. They have Rights with refer
ence to each other, determined by Laws and Customs, traditionally received, or historically instituted.
The structure of a Society considered with regard to this Difference of Ranks, is its Political Structure. The Laws and Customs which determine the Rights of different Ranks, and their share in the Supreme Authority, are the Constitution of the Nation.
In every Constitution, the Supreme Authority is termed also the Sovereign Power. As the Constitution places the Sovereign power in the hands of One, or of a few men of Rank, or of the General Body of the Citizens, the State is a Monarchy, an Aristocracy, or a Democracy. These are the Simple Forms of Government.
The Sovereign Power executes the existing Laws, and on all occasions, both in reference to the citizens within the State, and to persons and states without, acts for the State. These are the Executive Functions of the Government.
211. It is the existence of a Supreme Authority, or Government, which gives reality to the other Rights; the Rights of the Person, of Property, of Contract, of Marriage. The Government acts as the State (94), and carries into effect the Laws by which Rights and Obligations are defined. The Government, also, by means of its tribunals and Judges (94), decides disputed questions which arise among its citizens concerning their Rights and Obligations. These are the Judicial Functions of the Government.
But the Definitions of Rights and Obligations, though given by the Law of each nation, are not arbitrary and capricious (105). They are intended in all nations to be right; that is, conformable to the Supreme Rule of Human Action. They are intended to be just, that is, conformable to the Moral Idea of Justice, as well as to the actual Fact of Law. Such Moral Ideas will be the subject of our consid. eration hereafter.