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thenceforwards no more dispose of the and conditions of a man's life. The want liberty of his son, than that of any other of distinguishing these two powers, viz. man: and it must be far from an abso- that which the father hatb in the right of dute or perpetual jurisdiction, from tuition, during minority, and the right which a man may withdraw himself, ha of honour all his life, may perhaps have ving licence from divine authority to caused a great part of the mistakes about leuve father and mother, and cleave to this matter : for to speak properly of his wife.
them, the first of these is rather the pri 66. But though there be a time when vilege of children, and duty of parents, a child comes to be as free from subjec than any prerogative of paternal power. tion to the will and command of his fa- The nourishment and education of their ther, as the father himself is free from children is a charge so incumbent on pasubjection to the will of any body else, rents for their children's good, that no, and they are each under no other re thing can absolve them from taking care straint, but that which is common to of it: and though the power of come them both, whether it be the law of na- manding and chastising them go along ture, or municipal law of their country; with it, yet God hath woven into the yet this freedom exempts not a son from principle of human nature such a tenderthat honour which he ought, by the law ness for the offspring, that there is little of God and nature, to pay his parents. fear that parents should use their power God having made the parents instru- with too inuch rigoui ; the excess is selo ments in his great design of continuing dom on the severe side, the strong bias the race of mankind, and the occasions of nature drawing the other way. And
of life to their children; as he hath said therefore God Almighty when he would . on them an obligation to nourishi, pre- express his gentle dealing with the Is.
serve, and bring up their offspring: so raelites, he tells them, that tbough le he has laid on the children a perpetual chastened them, he chustens thein usa obligation of bonouring their parents, mani chastens his son, Deut. viii. 5. 7. e. which containing in it an inward esteem with tenderness and affection, and kept and reverence to be shewn by all outward them under no severer discipline than expressions, ties up the child from any what was absolutely best for them, and thing that may ever injure or affront, had been less kindness to have slackened, disturb or endanger, the happiness or This is that power to which children are life of those from whoin he received his; commanded obedience, that the pains and engages him in all actions of defence, and care of their parents may not be inrelief, assistance and comfort of those, creased, or ill rewarded. by whose means he entered into being, 68. On the other side, honour' and and has been made capable of any en- support, all that which gratitude requires joyments of life : from this obligation po to return for the benefits received by aud state, no freedom can absolve children, from them, is the indispensible duty of But this is very far from giving parents the child, and the proper privilege of the a power of command over their children parents. This is intended for the paor an authority to make laws and dispose rents advantage, as the other is for the as they please of their lives or liberties. child's; though education, the parent's It is one thing to owe honour, respect, dutv, seems to have inost power, begratitude and assistance; another to re cause the ignorance and infirmities of quire an absolute obedience and submis childhood stand in need of restraint and sion. The honour due to parents, a correction ; which is a visible exercise monarch in his throne owes his mother; of rule, and a kind of dominion. Ant and yet this lessens not his authority, that duty which is comprehended in the por subjects him to her government word honour requires less obedience,
67. The subjection of a minor places though the obligation be stronger on in the father a temporary goverment, grown, than younger children : tor who which terminates with the minority of the can think the command, children obcy child : and the honour due from a child your parents, requires in a man, that places in the parents a perpetual right has children of his own, the same subto respect, reverence, support and com- mission to his fatber, as it does in bis yet pliance too, more or less, as the father's young children to him; and ibat by this care, cost, and kindness in his educa- precept be were bound to obey all bis tion, has been more or less. This ends father's commands, its out of a conceit not with minority, but holds in all parts
of authority, he should have the indiscre- tain a power over their children, and tion to treat him still as a boy.
have as much right to their subjection, 69. The first part then of paternal as those who are in the state of nature. power, or rather duty, which is educa- Which could not possibly be, if all polition, belongs so to the father, that it tical power were only paternal, and that terminates at a certain season ; when in truth they were one and the same the business of education is over, it thing : for.tben all paternal power being ceases of itself, and is also alienable be- in the prince, the subject could naturally fore ; for a man may put the tuition of have none of it. But these two powers, His son in other hands; and he that has political and paternal, are so perfectly made his son an apprentice to another, distinct and separate; are built upon so has discharged him, during that tiine, of different foundations, and given to so a great part of his obedience both to different ends, that every subject, that himself and to his mother. But all the is a father, has as much a paternal duty of honour, the other part, remains power over his children, as the prince never the less entire to them; nothing has over his : and every prince, that has can cancel that: it is so inseparable parents, owes them as inuch filial duty from them both, that the father's autho- and obedience, as the meanest of his rity cannot dispossess the mother of this subjects do theirs ; and can therefore right, nor can any man discharge his son contain not any part or degree of that from honouring her that bore him. But kind of dominion, which a prince or maboth these are very far from a power to gistrate has over his subject. make laws, and inforcing them with pe- 72. Though the obligation on the pa. nalties, that may reach estate, liberty, rents to bring up their children, and limbs and life. The power of comman- the obligation on children to honour ding ends with non-age ; and though their parents, contain all the power on after that, honour and respect, support the one hand, and submission on the and defence, and whatsoever gratitude other, which are proper to this relation, can oblige a man to, for the highest be- yet there is another power ordinarily in nefits he is naturally capable of, be al- the father, whereby he has a tie on ways due from a son to his parents; yet the obedience of his children, wbich all this puts no scepter into the father's though it be common to him with other hand, no sovereign power of comman- men, yet the occasions of shewing it, ding. He has ro dominion over his son's almost constantly happening to fathers property, or actions ; nor any right, that in their private families, and the instanhis will should prescribe to his son's in ces of it elsewhere being rare, and less all things ; however it may become his taken notice of, it passes in the world son in many things, not very inconve- for a part of jurisdiction. And this is nient to him and his family, to pay a de- the power men generally have to bestow ference to it.
their estates on those who please them 70. A man may owe honour and re- best ; the possession of tbe father being spect to an ancient, or wise man; de- the expectation and inheritance of the fence in his child or friend; relief and children, ordinarily in certain proporsupport to the distressed ; and gratitude tions, according to the law and custom to a benefactor, to such a degree, that of each country; yet it is commonly in all be has, all he can do, cannot suffin the father's power to bestow it with a cienily pay it: but all these give no au- more sparing or liberal hand, according thority, no right to any one, of making as the behaviour of this or that child law's over him from whom they are ow- hath comported with his will and hue ing. And it is plain, all this is due not mour. only to the bare title of father; not only 73. This is no small tie on the obebecause, as has been said, it is owing to diezce of children: and there being althe mother too; but because these obli- ways annexed to the enjoyment of land, gations to parents, and degrees of what a submission to the government of the is required of children, may be varied by country, of which that land is a part ; the different care and kindness, trouble it has been commonly supposed, that a and expence, which is often employed father could oblige his posterity to that u pon one child more than another. government, of which he himself was a
71. This shews the reason how it subject, and that his compact held thein; comes to pass, that parents, in societies, whereas, it being only a necessary conWhere they themselves are subjects, re- dițion annexed to the land, and the in
heritance of an estate which is under been a ruler from the beginning of the that government, reaches only those infancy of his children: and since withwho will take it on that condition, and out some government it would be hard $0 is no natural tie or engagement, but for them to live together, it was likeliest a voluntary subinission : for every man's it should, by the express or tacit conchildren being by nature as free as him- sent of the children when they were self, or any of bis ancestors ever were, grown up, be in the father, where it may, whilst they are in that freedom, seemed without any change barely to choose what society they will join them continue; when indeed nothing more selves to, what commonwealth they will was required to it, than the permitting put themselves under. But if they will the father to exercise alone, in bis faenjoy the inheritance of their ancestors, mily, that executive power of the law of they must take it on the sanie terms nature, which every free man naturally their ancestors bad it, and submit to all hath, and by that permission resigning the conditions annexed to such a pos- up to him a monarchical power, whilst session. By this power indeed fathers they remained in it. But that this was oblige their children to obedience to not by any paternal right, but only by themselves, even when they are past the consent of his children, is evident minority, and most commonly too sub from hence, that nobody doubts, but if ject them to this or that political power; a stranger, whom chance or business but neither of these by any peculiar bad brought to his family, had there right of fatherhood, but by the reward killed any of his children, or committed they have in their hands to inforce and any other fact, he might condemn and recompence such a compliance; and is put him to death, or otherwise have pu. no more power than what a Frencbinan nished him, as well as any of his chilbas over an Englishman, whu, by the dren; which it was impossible he should hopes of an estate he will leave him, do by virtue of any paternal authority will certainly bave a strong tie on his over one who was not bis child, but by obedience : and if, when it is left him, virtue of that executive power of the law he will enjoy it, he must certainly take of nature, which, as a inan, he had a it upon the conditions annexed tu the right to : and be alone could punish him possession of land in that country where in bis family, where the respect of his it lies, whether it be France or England. children had laid by the exercise of such
74. To conclude then, though the fa a power, to give way to the dignity and ther's power of commanding extends no authority they were willing should refarther than the minority of his children, inain in hiin, above the rest of his family. and to a degree only fit for the discipline and government of that age ; and though numbers of households joined themselves that honour and respect, and all that in civil societies together, kings were the which the Latins called piety, which first kind of governors amongst them, they indispensibly owe to their parents wbich is also, as it seemeth the reason all their life time, and in all estates, why the name of fathers continued still. with all that support and defence is due in them, who, of fathers, where made to them, gives the father no power of rulers; as also the ancient custom of gogoverniog, i. e. making laws and enact- vernors to do as Melchisedec, and being ing penalties on his children ; though by kings, to exercise the office of priests, all this he has no dominion over the pro- which fathers did at the first, grew perperty or actions of his son : yet it is ob- haps by the same occasion. Howbeit, vious to conceive how easy it was, in the this is not the only kind of regiment that first ages of the world, and in places has been received in the world. The instill, where the thinness of people gives conveniencies of one kind have caused families leave to separate into unpos- sundry oibers to be devised; so that in sessed quarters, and they have room to a word, all public regiment, of what remove or plant themselves in yet vacant kind soever, seemeth evidently to have habitations, for the father of the family risen from the deliberate advice, consulto become the prince of it;* he had tation and composition between men,
judging it convenient and behoveful; * It is no improbable opinion, there- tbere being no impossibility in nature fore, which the arch philosopher was of, considered by itselt, but that man might that the chief person in every household have lived without any public regiment. was always, as it were, a king, so when Hooker's Eccl. P. lib. i, sect, 10.
75. Thus it was easy, and almost na- between man and wile, which gave betural for children, by a tacit, and scarce ginning to that between parents and chilavoidable consent, to make way for the dren; to which, in time, that between father's authority and government. They master and servant came to be added : had been accustoined in their childhood and though all these might, and com. to follow his direction, and to refer their monly did meet together, and make up little differences to hiin; and when they but one family, wherein the master or were men, who fitter to rule them? mistress of it had some sort of rule proTheir little properties, and less cove per to a family; each of these, or all tousness, seldom afforded greater con together, came short of political society, troversies; and when they should arise, as we shall see, if we consider the dif where could they have a fitter umpire ferent ends, ties, and bounds of each of than he, hy whose care they had every these. one been sustained and brought up, and . 73. Conjugal society is made by a vowho had a tenderness for them all? It luntary compact between man and wois no wonder that they made no distinc- man; and though it consist chiefly in tion betwixt minority and full age ; nor such a communion and right in one anolooked after one-and-twenty, or any ther's bodies as is necessary to its chief other age that might make them the free end, procreation; yet it draws with it disposers of themselves and fortunes, mutual support and assistance, and a when they could have no desire to be communion of interests too, as necessary out of their pupilage: the government not only to unite their care and affection, they had been under, during it, conti- but also necessary to their common offnued still to be more their protection sping, who have a right to be nourished, than restraint; and they could no where and maintained by them, till they are find a greater security to their peace, li- able to provide for themselves. berties, and fortunes, than in the rule of The author from $ 78 to 84, discusses a father.
the nature and end of the conjugal rela76. Thus the ratural fathers of fami- tion inferring that no argument for legal lies, by an insensible change, became authority can be drawn from thence. the political monarchs of them too: and 84. The society betwixt parents and as they chanced to live long, and leave children, and the distinct rights and able and worthy heirs for several succes- powers belonging respectively to them, sions, or otherwise; so they said the I have treated of so largely in the forefoundations of hereditary, or elective going chapter, that I shall not here need kingdors, under several constitutions to say any thing of it. And I think it is and manners, according as chance, con- plain, that it is far different from a politrivance, or occasions happened to inould tic society. :' them. But if princes have their titles 85. Master and servant are names as in their fathers right, and it be a suffi- old as history, but given to those of far cient proof of the natural right of fathers different condition; for a freeman makes to political aulliority, because they com- himself a servant to another, by selling monly were those in whose hands we him, for a certain time, the service he find, de facto, the exercise of govern- undertakes to do, in exchange for wages ment; I say, if this argument be good, he is to receive : and though this comit will as strongly prove, that all princes, monly puts him into the family of his pay princes only, ought to be priests, master, and under the ordinary discismce it is as certain, that in the begin pline thereof; yet it gives the master but ning, the father of the family was priest, a temporary power over him, and no as that he wus ruler in his own household. greater than what is contained in the CHAPTER VII.
contract between them. But there is Of Political or Civil Society, another sort of servants, which by a 77. God having made man such a peculiar narne we call slaves, who, be creature, that in his own judgment, iting captives taken in a just war, are was not good for him to be alone, put by the right of nature subjected to the him under strong obligations of necessity; absolute dominion and arbitrary power convenience, and inclination to drive of their masters. These men having, as him into society, as well as fitted him I say, forfeited their lives, and with it with understanding and language to con- their liberties, and being in the state of tinue and enjoy it. The first society was slavery, not capable of any property, cannot in that state be considered as from appealing for protection to the law 'any part of civil society ; the chief end established by it. And thus all private whereof is the preservation of property. judgment of every particular memberi
86. Let us therefore consider a master being excluded, the community comes of a family, with all these subordinate to be umpire,' by settled standing rules, relations of wife, children, servants, and indifferent, and the same to all parties slaves, united under the domestic rule of and by men having authority from the a family; which, what resemblance so- community, for the execution of those ever it may have in its order, offices, and rules, decides all the differences that number too, with a litile common-wealth may happen between any members of yet is very far from it, both in its consti- that society concerning any matter of tution, power and end: or if it must be right; and punishes those offences which thought a monarchy, and the paterfami- any member hath committed against the lias the absolute monarch in it, abso- society, with such penalties as the law lute monarchy will have but a very shat- has established : whereby it is easy to tered and short power, when it is plain, discern, who are, and who are not, in by what has been said before, that the political society together. Those who master of the family has a very distinct are united into one body, and have a and differently limited power, both as to common established law and judicature time and extent, over those several per- to appeal to, with authority to decide sous that are in it; for excepting the controversies between them, and punish slave (and the fainily is as much a fac offenders, are in civil society one with mily, and his power as paterfumilias as another : but those who have no such great, whether there be any slaves in common people, I mean on earth, are his family or no) he has no legislative still in the state of nature, each being. power of life and death over any of them, where there is no other, judge for himand none too but what a mistress of a self, and executioner; which is, as I family nay have as well as he. And he have before shewed it, the pertect state certainly can have no absolute power of nature. over the whole family, who has but a very •88. And thus the common-wealth limited one over every individual in it. comes by a power to set down what pua But how a family, or any other society nishment shall belong to the several of men, differ from that which is pro- transgressions which they think worthy perly political society, we shall best see, of it, committed amongst the members by considering wherein political society of that society, (which is the power of itself consists.
making laws) as well as it has the power 87. Man being born, as has been to punish any injury done unto any of proved, with a title to PERFECT FREE- its members, by any one that is not DOM, and an uncontrouled enjoyment of it, (which is the power of war and of all the rights and privileges of the peace ;) and all this for the preservalaw of nature, equally with any other tion of the property of all the members man, or number of men in the world, of that society, as far as is possible: hath by nature a power, not only to pre- but though every man who has entered serve his property, that is, his life, li- into civil society, and is become a memberty and estate, against the injuries ber of any common-wealth, has thereby and attempts of other men; but to judge quitted his power to punish offences, of, and punish the breaches of that law against the law of nature, in prosecution in others, as he is persuaded the offence of bis own private judgment, yet with deserves, even with death itself, in crimes the judgment of offences, which he bas where the heinousness of the fact, in his given up to the legislative in all cases, opinion, requires it. But because no where he can appeal to the magistrate, he political society can be, nor subsist, has giveu a right to the cominonwealth without having in itself the power to pre- to employ his force, for the execution serve the property, and in order there- of the judgments of the commonwealth, minto, punish the offences of all those of whenever he shall be called to it; which that society; there, and there only is po. indeed are his own judgments, they belitical society, wliere every one of the ing made by himself, or his representamembers bath quitted this natural power, tive. And herein we have the original resigned it up into the hands of the com- of the legislative and executive power of munity in all cases that exclude him not civil society, which is lo judge by stand