according as the behaviour of this or that child hath comported
with his will and humour.
Sec. 73. This is no small tie on the obedience of children:
and there being always annexed to the enjoyment of land, a
submission to the government of the country, of which that land
is a part; it has been commonly supposed, that a father could
oblige his posterity to that government, of which he himself was
a subject, and that his compact held them; whereas, it being only
a necessary condition annexed to the land, and the inheritance of
an estate which is under that government, reaches only those who
will take it on that condition, and so is no natural tie or
engagement, but a voluntary submission: for every man's children
being by nature as free as himself, or any of his ancestors ever
were, may, whilst they are in that freedom, choose what society
they will join themselves to, what common-wealth they will put
themselves under. But if they will enjoy the inheritance of
their ancestors, they must take it on the same terms their
ancestors had it, and submit to all the conditions annexed to
such a possession. By this power indeed fathers oblige their
children to obedience to themselves, even when they are past
minority, and most commonly too subject them to this or that
political power: but neither of these by any peculiar right of
fatherhood, but by the reward they have in their hands to inforce
and recompence such a compliance; and is no more power than what
a French man has over an English man, who by the hopes of an
estate he will leave him, will certainly have a strong tie on his
obedience: and if, when it is left him, he will enjoy it, he must
certainly take it upon the conditions annexed to the possession
of land in that country where it lies, whether it be France or
England.
Sec. 74. To conclude then, tho' the father's power of
commanding extends no farther than the minority of his children,
and to a degree only fit for the discipline and government of
that age; and tho' that honour and respect, and all that which
the Latins called piety, which they indispensably owe to their
parents all their life-time, and in all estates, with all that
support and defence is due to them, gives the father no power of
governing, i.e. making laws and enacting penalties on his
children; though by all this he has no dominion over the property
or actions of his son: yet it is obvious to conceive how easy it
was, in the first ages of the world, and in places still, where
the thinness of people gives families leave to separate into
unpossessed quarters, and they have room to remove or plant
themselves in yet vacant habitations, for the father of the
family to become the prince of* it; he had been a ruler from the
beginning of the infancy of his children: and since without some
government it would be hard for them to live together, it was
likeliest it should, by the express or tacit consent of the
children when they were grown up, be in the father, where it
seemed without any change barely to continue; when indeed nothing
more was required to it, than the permitting the father to
exercise alone, in his family, that executive power of the law of
nature, which every free man naturally hath, and by that
permission resigning up to him a monarchical power, whilst they
remained in it. But that this was not by any paternal right, but
only by the consent of his children, is evident from hence, that
no body doubts, but if a stranger, whom chance or business had
brought to his family, had there killed any of his children, or
committed any other fact, he might condemn and put him to death,
or other-wise have punished him, as well as any of his children;
which it was impossible he should do by virtue of any paternal
authority over one who was not his child, but by virtue of that
executive power of the law of nature, which, as a man, he had a
right to: and he alone could punish him in his family, where the
respect of his children had laid by the exercise of such a power,
to give way to the dignity and authority they were willing should
remain in him, above the rest of his family.
(*It is no improbable opinion therefore, which the
archphilosopher was of, that the chief person in every houshold
was always, as it were, a king: so when numbers of housholds
joined themselves in civil societies together, kings were the
first kind of governors amongst them, which is also, as it
seemeth, the reason why the name of fathers continued still in
them, who, of fathers, were made rulers; as also the ancient
custom of governors to do as Melchizedec, and being kings, to
exercise the office of priests, which fathers did at the first,
grew perhaps by the same occasion. Howbeit, this is not the only
kind of regiment that has been received in the world. The
inconveniences of one kind have caused sundry others to be
devised; so that in a word, all public regiment, of what kind
soever, seemeth evidently to have risen from the deliberate
advice, consultation and composition between men, judging it
convenient and behoveful; there being no impossibility in nature
considered by itself, but that man might have lived without any
public regiment, Hooker's Eccl. Pol. lib. i. sect. 10.)
Sec. 75. Thus it was easy, and almost natural for children,
by a tacit, and scarce avoidable consent, to make way for the
father's authority and government. They had been accustomed in
their childhood to follow his direction, and to refer their
little differences to him, and when they were men, who fitter to
rule them? Their little properties, and less covetousness,
seldom afforded greater controversies; and when any should arise,
where could they have a fitter umpire than he, by whose care they
had every one been sustained and brought up, and who had a
tenderness for them aII? It is no wonder that they made no
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