father or guardian, who is to understand for him. And if the
father die, and fail to substitute a deputy in his trust; if he
hath not provided a tutor, to govern his son, during his
minority, during his want of understanding, the law takes care to
do it; some other must govern him, and be a will to him, till he
hath attained to a state of freedom, and his understanding be
fit to take the government of his will. But after that, the
father and son are equally free as much as tutor and pupil
after nonage; equally subjects of the same law together, without
any dominion left in the father over the life, liberty, or estate
of his son, whether they be only in the state and under the law
of nature, or under the positive laws of an established
government.
Sec. 60. But if, through defects that may happen out of the
ordinary course of nature, any one comes not to such a degree of
reason, wherein he might be supposed capable of knowing the law,
and so living within the rules of it, he is never capable of
being a free man, he is never let loose to the disposure of his
own will (because he knows no bounds to it, has not
understanding, its proper guide) but is continued under the
tuition and government of others, all the time his own
understanding is uncapable of that charge. And so lunatics and
ideots are never set free from the government of their parents;
children, who are not as yet come unto those years whereat they
may have; and innocents which are excluded by a natural defect
from ever having; thirdly, madmen, which for the present cannot
possibly have the use of right reason to guide themselves, have
for their guide, the reason that guideth other men which are
tutors over them, to seek and procure their good for them, says
Hooker, Eccl. Pol. lib. i. sec. 7. All which seems no more than
that duty, which God and nature has laid on man, as well as other
creatures, to preserve their offspring, till they can be able to
shift for themselves, and will scarce amount to an instance or
proof of parents regal authority.
Sec. 61. Thus we are born free, as we are born rational;
not that we have actually the exercise of either: age, that
brings one, brings with it the other too. And thus we see how
natural freedom and subjection to parents may consist together,
and are both founded on the same principle. A child is free
by his father's title, by his father's understanding, which is to
govern him till he hath it of his own. The freedom of a man at
years of discretion, and the subjection of a child to his
parents, whilst yet short of that age, are so consistent, and
so distinguishable, that the most blinded contenders for
monarchy, by right of fatherhood, cannot miss this
difference; the most obstinate cannot but allow their
consistency: for were their doctrine all true, were the right
heir of Adam now known, and by that title settled a monarch in
his throne, invested with all the absolute unlimited power Sir
Robert Filmer talks of; if he should die as soon as his heir
were born, must not the child, notwithstanding he were never so
free, never so much sovereign, be in subjection to his mother and
nurse, to tutors and governors, till age and education brought
him reason and ability to govern himself and others? The
necessities of his life, the health of his body, and the
information of his mind, would require him to be directed by the
will of others, and not his own; and yet will any one think, that
this restraint and subjection were inconsistent with, or spoiled
him of that liberty or sovereignty he had a right to, or gave
away his empire to those who had the government of his nonage?
This government over him only prepared him the better and sooner
for it. If any body should ask me, when my son is of age to be
free? I shall answer, just when his monarch is of age to
govern. But at what time, says the judicious Hooker, Eccl.
Pol. l. i. sect. 6. a man may be said to have attained so far
forth the use of reason, as sufficeth to make him capable of
those laws whereby he is then bound to guide his actions: this is
a great deal more easy for sense to discern, than for any one by
skill and learning to determine.
Sec. 62. Common-wealths themselves take notice of, and
allow, that there is a time when men are to begin to act like
free men, and therefore till that time require not oaths of
fealty, or allegiance, or other public owning of, or submission
to the government of their countries.
Sec. 63. The freedom then of man, and liberty of acting
according to his own will, is grounded on his having reason,
which is able to instruct him in that law he is to govern himself
by, and make him know how far he is left to the freedom of his
own will. To turn him loose to an unrestrained liberty, before
he has reason to guide him, is not the allowing him the privilege
of his nature to be free; but to thrust him out amongst brutes,
and abandon him to a state as wretched, and as much beneath that
of a man, as their's. This is that which puts the authority
into the parents hands to govern the minority of their
children. God hath made it their business to employ this care on
their offspring, and hath placed in them suitable inclinations of
tenderness and concern to temper this power, to apply it, as his
wisdom designed it, to the children's good, as long as they
should need to be under it.
Sec. 64. But what reason can hence advance this care of the
parents due to their off-spring into an absolute arbitrary
dominion of the father, whose power reaches no farther, than by
such a discipline, as he finds most effectual, to give such
=15= |