yet all this consists with the equality, which all men are in,
in respect of jurisdiction or dominion one over another; which
was the equality I there spoke of, as proper to the business in
hand, being that equal right, that every man hath, to his
natural freedom, without being subjected to the will or
authority of any other man.
Sec. 55. Children, I confess, are not born in this full
state of equality, though they are born to it. Their parents
have a sort of rule and jurisdiction over them, when they come
into the world, and for some time after; but it is but a
temporary one. The bonds of this subjection are like the
swaddling clothes they art wrapt up in, and supported by, in the
weakness of their infancy: age and reason as they grow up, loosen
them, till at length they drop quite off, and leave a man at his
own free disposal.
Sec. 56. Adam was created a perfect man, his body and
mind in full possession of their strength and reason, and so was
capable, from the first instant of his being to provide for his
own support and preservation, and govern his actions according to
the dictates of the law of reason which God had implanted in him.
From him the world is peopled with his descendants, who are all
born infants, weak and helpless, without knowledge or
understanding: but to supply the defects of this imperfect state,
till the improvement of growth and age hath removed them, Adam
and Eve, and after them all parents were, by the law of
nature, under an obligation to preserve, nourish, and educate
the children they had begotten; not as their own workmanship,
but the workmanship of their own maker, the Almighty, to whom
they were to be accountable for them.
Sec. 57. The law, that was to govern Adam, was the same
that was to govern all his posterity, the law of reason. But
his offspring having another way of entrance into the world,
different from him, by a natural birth, that produced them
ignorant and without the use of reason, they were not presently
under that law; for no body can be under a law, which is not
promulgated to him; and this law being promulgated or made known
by reason only, he that is not come to the use of his reason,
cannot be said to be under this law; and Adam's children,
being not presently as soon as born under this law of reason,
were not presently free: for law, in its true notion, is
not so much the limitation as the direction of a free and
intelligent agent to his proper interest, and prescribes no
farther than is for the general good of those under that law:
could they be happier without it, the law, as an useless thing,
would of itself vanish; and that ill deserves the name of
confinement which hedges us in only from bogs and precipices. So
that, however it may be mistaken, the end of law is not to
abolish or restrain, but to preserve and enlarge freedom: for
in all the states of created beings capable of laws, where there
is no law, there is no freedom: for liberty is, to be free
from restraint and violence from others; which cannot be, where
there is no law: but freedom is not, as we are told, a liberty
for every man to do what he lists: (for who could be free, when
every other man's humour might domineer over him?) but a
liberty to dispose, and order as he lists, his person, actions,
possessions, and his whole property, within the allowance of
those laws under which he is, and therein not to be subject to
the arbitrary will of another, but freely follow his own.
Sec. 58. The power, then, that parents have over their
children, arises from that duty which is incumbent on them, to
take care of their off-spring, during the imperfect state of
childhood. To inform the mind, and govern the actions of their
yet ignorant nonage, till reason shall take its place, and ease
them of that trouble, is what the children want, and the parents
are bound to: for God having given man an understanding to direct
his actions, has allowed him a freedom of will, and liberty of
acting, as properly belonging thereunto, within the bounds of
that law he is under. But whilst he is in an estate, wherein he
has not understanding of his own to direct his will, he is
not to have any will of his own to follow: he that
understands for him, must will for him too; he must prescribe
to his will, and regulate his actions; but when he comes to the
estate that made his father a freeman, the son is a freeman
too.
Sec. 59. This holds in all the laws a man is under, whether
natural or civil. Is a man under the law of nature? What made
him free of that law? what gave him a free disposing of his
property, according to his own will, within the compass of that
law? I answer, a state of maturity wherein he might be supposed
capable to know that law, that so he might keep his actions
within the bounds of it. When he has acquired that state, he is
presumed to know how far that law is to be his guide, and how far
he may make use of his freedom, and so comes to have it; till
then, some body else must guide him, who is presumed to know how
far the law allows a liberty. If such a state of reason, such an
age of discretion made him free, the same shall make his son
free too. Is a man under the law of England? What made him
free of that law? that is, to have the liberty to dispose of his
actions and possessions according to his own will, within the
permission of that law? A capacity of knowing that law; which is
supposed by that law, at the age of one and twenty years, and in
some cases sooner. If this made the father free, it shall
make the son free too. Till then we see the law allows the
son to have no will, but he is to be guided by the will of his
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