Principles of Morals and



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206/Jeremy Bentham
vestments which have just been mentioned. And on the other hand also,
the converse of all this may be observed with regard to polygamy on the
part of the woman. Secondly, As the engaging not to enter into any
subsequent engagement of the like kind during the continuance of the
first, is one of the conditions on which the law lends its sanction to the
first; so another is, the inserting as one of the articles of this engagement
an undertaking not to render to, or accept from, any other person the
services which form the characteristic object of it: the rendering or ac-
ceptance of any such services is accordingly treated as an offence, un-
der the name of adultery: under which name is also comprised the of-
fence of the stranger, who, in the commission of the above offence, is
the necessary accomplice. Thirdly, Disturbing either of the parties to
this engagement, in the possession of these characteristic services, may,
in like manner, be distinguished from the offence of disturbing them in
the enjoyment of the miscellaneous advantages derivable from the same
condition; and on whichever side the blame rests, whether that of the
party, or that of a third person, may be termed wrongful withholding of
connubial services. And thus we have one-and-twenty sorts of offences
to which, as the law stands at present in Christian countries, the condi-
tion of a husband stands exposed: viz., 1. Wrongful non-investment of
the condition of a husband. 2. Wrongful interception of the condition of
a husband. 3. Wrongful divestment of the condition of a husband. 4.
Usurpation of the condition of a husband. 5. Polygamy. 6. Wrongful
investment of the condition of a husband. 7. Wrongful abdication of the
condition of a husband. 8. Wrongful detrectation of the condition of a
husband. 9. Wrongful imposition of the condition of a husband. 10.
Mismanagement of marital guardianship. 11. Desertion of marital guard-
ianship. 12. Dissipation in prejudice of matrimonial wardship. 13. Pecu-
lation in prejudice of matrimonial wardship. 14. Abuse of marital power.
15. Disturbance of marital guardianship. 16. Wrongful withholding of
connubial services. 17. Adultery. 18. Breach of duty to husbands. 19.
Elopement from husbands. 20. Wife-stealing. 21. Bribery in prejudice
of marital guardianship.
LIII. Next with regard to the offences to which the condition of a
wife stands exposed. From the patterns that have been exhibited al-
ready, the coincidences and associations that take place between the
offences that concern the existence of this condition and those which
concern the existence of the condition of a husband, may easily enough
be apprehended without farther repetitions. The catalogue of those now


Principles of Morals and Legislation/207
under consideration will be precisely the same in every article as the
catalogue last exhibited.
LIV. Thus much for the several sorts of offences relative to the
several sorts of domestic conditions: those which are constituted by such
natural relations as are contiguous being included. There remain those
which are uncontiguous: of which, after so much as has been said of the
others, it will naturally be expected that some notice should be taken.
These, however, do not afford any of that matter which is necessary to
constitute a condition. In point of fact, no power seems ever to be an-
nexed to any of them. A grandfather, perhaps, may be called by the law
to take upon him the guardianship of his orphan grandson: but then the
power he has belongs to him not as grandfather, but as guardian. In
point of possibility, indeed, power might be annexed to these relations,
just as it might to any other. But still no new sort of domestic condition
would result from it: since it has been shown that there can be no others,
that, being constituted by power, shall be distinct from those which have
been already mentioned. Such as they are, however, they have this in
common with the before-mentioned relations, that they are capable of
importing either benefit or burthen: they therefore stand exposed to the
several offences whereby those or any other relations are liable to be
affected in point of existence. It might be expected, therefore, that in
virtue of these offences, they should be added to the list of the relations
which are liable to be objects of delinquency. But the fact is, that they
already stand included in it: and although not expressly named, yet as
effectually as if they were. On the one hand, it is only by affecting such
or such a contiguous relation that any offence affecting uncontiguous
relations can take place. On the other hand, neither can any offence
affecting the existence of the contiguous relations be committed, with-
out affecting the existence of an indefinite multitude of such as are
uncontiguous. A false witness comes, and causes it to be believed that
you are the son of a woman, who, in truth, is not your mother. What
follows? An endless tribe of other false persuasions—that you are the
grandson of the father and of the mother of this supposed mother: that
you are the son of some husband of hers, or, at least, of some man with
whom she has cohabited: the grandson of his father and his mother; and
so on: the brother of their other children, if they have any: the brother-
in-law of the husbands and wives of those children, if married: the uncle
of the children of those children: and so on.—On the other hand, that
you are not the son of your real mother, nor of your real father: that you


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