second treatise of government-及7嫗
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f land is determined by positive constitutions。 Sec。 51。 And thus�察�I think�察�it is very easy to conceive�察 �without any difficulty�察�how labour could at first begin a title of property in the common things of nature�察�and how the spending it upon our uses bounded it。 So that there could then be no reason of quarrelling about title�察�nor any doubt about the largeness of possession it gave。 Right and conveniency went together�察�for as a man had a right to all he could employ his labour upon�察�so he had no temptation to labour for more than he could make use of。 This left no room for controversy about the title�察�nor for encroachment on the right of others�察�what portion a man carved to himself�察�was easily seen�察�and it was useless�察�as well as dishonest�察�to carve himself too much�察�or take more than he needed。
CHAP。 VI。
Of Paternal Power。
Sec。 52。 IT may perhaps be censured as an impertinent criticism�察�in a discourse of this nature�察�to find fault with words and names�察�that have obtained in the world�此�and yet possibly it may not be amiss to offer new ones�察�when the old are apt to lead men into mistakes�察�as this of paternal power probably has done�察�which seems so to place the power of parents over their children wholly in the father�察�as if the mother had no share in it�察�whereas�察�if we consult reason or revelation�察 �we shall find�察�she hath an equal title。 This may give one reason to ask�察�whether this might not be more properly called parental power�拭 �for whatever obligation nature and the right of generation lays on children�察�it must certainly bind them equal to
both the concurrent causes of it。 And accordingly we see the positive law of God every where joins them together�察�without distinction�察�when it commands the obedience of children�察�Honour thy father and thy mother�察�Exod。 xx。 12。 Whosoever curseth his father or his mother�察�Lev。 xx。 9。 Ye shall fear every man his mother and his father�察�Lev。 xix。 3。 Children�察�obey your parents�察�&c。 Eph。 vi。 1。 is the stile of the Old and New Testament。 Sec。 53。 Had but this one thing been well considered�察 �without looking any deeper into the matter�察�it might perhaps have kept men from running into those gross mistakes�察�they have made�察 �about this power of parents�察�which�察�however it might�察�without any great harshness�察�bear the name of absolute dominion�察�and regal authority�察�when under the title of paternal power it seemed appropriated to the father�察�would yet have founded but oddly�察�and in the very name shewn the absurdity�察�if this supposed absolute power over children had been called parental�察�and thereby have discovered�察�that it belonged to the mother too�此�for it will but very ill serve the turn of those men�察�who contend so much for the absolute power and authority of the fatherhood�察�as they call it�察�that the mother should have any share in it�察�and it would have but ill supported the monarchy they contend for�察�when by the very name it appeared�察�that that fundamental authority�察�from whence they would derive their government of a single person only�察�was not placed in one�察�but two persons jointly。 But to let this of names pass。 Sec。 54。 Though I have said above�察�Chap。 II。 That all men by nature are equal�察�I cannot be supposed to understand all sorts of equality�此�age or virtue may give men a just precedency�此�excellency of parts and merit may place others above the common level�此�birth may subject some�察�and alliance or benefits others�察�to pay an observance to those to whom nature�察�gratitude�察�or other respects�察�may have made it due�此�and yet all this consists with the equality�察�which all men are in�察 �in respect of jurisdiction or dominion one over another�察�which was the equality I there spoke of�察�as proper to the business in hand�察�being that equal right�察�that every man hath�察�to his natural freedom�察�without being subjected to the will or authority of any other man。 Sec。 55。 Children�察�I confess�察�are not born in this full state of equality�察�though they are born to it。 Their parents have a sort of rule and jurisdiction over them�察�when they come into the world�察�and for some time after�察�but it is but a temporary one。 The bonds of this subjection are like the swaddling clothes they art wrapt up in�察�and supported by�察�in the weakness of their infancy�此�age and reason as they grow up�察�loosen them�察�till at length they drop quite off�察�and leave a man at his own free disposal。 Sec。 56。 Adam was created a perfect man�察�his body and mind in full possession of their strength and reason�察�and so was capable�察�from the first instant of his being to provide for his own support and preservation�察�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�察�who are all born infants�察�weak and helpless�察�without knowledge or understanding�此�but to supply the defects of this imperfect state�察 �till the improvement of growth and age hath removed them�察�Adam and Eve�察�and after them all parents were�察�by the law of nature�察�under an obligation to preserve�察�nourish�察�and educate the children they had begotten�察�not as their own workmanship�察 �but the workmanship of their own maker�察�the Almighty�察�to whom they were to be accountable for them。 Sec。 57。 The law�察�that was to govern Adam�察�was the same that was to govern all his posterity�察�the law of reason。 But his offspring having another way of entrance into the world�察 �different from him�察�by a natural birth�察�that produced them
ignorant and without the use of reason�察�they were not presently under that law�察�for no body can be under a law�察�which is not promulgated to him�察�and this law being promulgated or made known by reason only�察�he that is not come to the use of his reason�察 �cannot be said to be under this law�察�and Adam's children�察 �being not presently as soon as born under this law of reason�察 �were not presently free�此�for law�察�in its true notion�察�is not so much the limitation as the direction of a free and intelligent agent to his proper interest�察�and prescribes no farther than is for the general good of those under that law�此 �could they be happier without it�察�the law�察�as an useless thing�察 �would of itself vanish�察�and that ill deserves the name of confinement which hedges us in only from bogs and precipices。 So that�察�however it may be mistaken�察�the end of law is not to abolish or restrain�察�but to preserve and enlarge freedom�此�for in all the states of created beings capable of laws�察�where there is no law�察�there is no freedom�此�for liberty is�察�to be free from restraint and violence from others�察�which cannot be�察�where there is no law�此�but freedom is not�察�as we are told�察�a liberty for every man to do what he lists�此。�for who could be free�察�when every other man's humour might domineer over him�殖� but a liberty to dispose�察�and order as he lists�察�his person�察�actions�察 �possessions�察�and his whole property�察�within the allowance of those laws under which he is�察�and therein not to be subject to the arbitrary will of another�察�but freely follow his own。 Sec。 58。 The power�察�then�察�that parents have over their children�察�arises from that duty which is incumbent on them�察�to take care of their off´spring�察�during the imperfect state of childhood。 To inform the mind�察�and govern the actions of their yet ignorant nonage�察�till reason shall take its place�察�and ease them of that trouble�察�is what the children want�察�and the parents are bound to�此�for God having given man an understanding to direct his actions�察�has allowed him a freedom of will�察�and liberty of acting�察�as properly belonging thereunto�察�within the bounds of that law he is under。 But whilst he is in an estate�察�wherein he has not understanding of his own to direct his will�察�he is not to have any will of his own to follow�此�he that understands for him�察�must will for him too�察�he must prescribe to his will�察�and regulate his actions�察�but when he comes to the estate that made his father a freeman�察�the son is a freeman too。 Sec。 59。 This holds in all the laws a man is under�察�whether natural or civil。 Is a man under the law of nature�拭 �What made him free of that law�拭 �what gave him a free disposing of his property�察�according to his own will�察�within the compass of that law�拭 �I answer�察�a state of maturity wherein he might be supposed capable to know that law�察�that so he might keep his actions within the bounds of it。 When he has acquired that state�察�he is presumed to know how far that law is to be his guide�察�and how far he may make use of his freedom�察�and so comes to have it�察�till then�察�some body else must guide him�察�who is presumed to know how far the law allows a liberty。 If such a state of reason�察�such an age of discretion made him free�察�the same shall make his son free too。 Is a man under the law of England�拭 �What made him free of that law�拭�that is�察�to have the liberty to dispose of his actions and possessions according to his own will�察�within the permission of that law�拭 �A capacity of knowing that law�察�which is supposed by that law�察�at the age of one and twenty years�察�and in some cases sooner。 If this made the father free�察�it shall make the son free too。 Till then we see the law allows the son to have no will�察�but he is to be guided by the will of his father or guardian�察�who is to understand for him。 And if the father die�察�and fail to substitute a deputy in his trust�察�if he hath not provided a tutor�察�to govern his son�察�during his minority�察�during his want of understanding�察�the law takes care to do it�察�some other must govern him�察�and be a will to him�察�till he
hath attained to a state of freedom�察�and his understanding be fit to take the government of his will。 But after that�察�the father and son are equally free as much as tutor and pupil after nonage�察�equally subjects of the same law together�察�without any dominion left in the father over the life�察�liberty�察�or estate of his son�察�whether they be only in the state and under the law of nature�察�or under the positive laws of an established government。 Sec。 60。 But if�察�through defects that may happen out of the ordinary course of nature�察�any one comes not to such a degree of reason�察�wherein he might be supposed capable of knowing the law�察 �and so living within the rules of it�察�he is never capable of being a free man�察�he is never let loose to the disposure of his own will ��because he knows no bounds to it�察�has not understanding�察�its proper guide�� but is continued under the tuition and government of others�察�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�察 �children�察�who are not as yet come unto those years whereat they may have�察�and innocents which are excluded by a natural defect from ever having�察�thirdly�察�madmen�察�which for the present cannot possibly have the use of right reason to guide themselves�察�have for their guide�察�the reason that guideth other men which are tutors over them�察�to seek and procure their good for them�察�says Hooker�察�Eccl。 Pol。 lib。 i。 sec。 7。 All which seems no more than that duty�察�which God and nature has laid on man�察�as well as other creatures�察�to