concerning civil government-第9章
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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 free
man； the son is a free man too。
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； an estate
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； somebody 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 twenty…one； 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 father or guardian； who is to understand for him。
And if the father die and fail to substitute a deputy in this 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。
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 incapable of that charge。 And so lunatics and
idiots 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。； s。 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。
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 it； are so consistent and so
distinguishable that the most blinded contenders for monarchy； 〃by
right of fatherhood；〃 cannot miss of it； the most obstinate cannot but
allow of it。 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 anybody 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。； lib。 i。； s。
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。〃
62。 Commonwealths 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。
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 theirs。 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。
64。 But what reason can hence advance this care of the parents due
to their offspring 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 strength and health to their bodies；
such vigour and rectitude to their minds； as may best fit his children
to be most useful to themselves and others； and； if it be necessary to
his condition； to make them work when they are able for their own
subsistence； but in this power the mother； too； has her share with the
father。
65。 Nay； this power so little belongs to the father by any
peculiar right of Nature； but only as he is guardian of his
children； that when he quits his care of them he loses his power
over them； which goes along with their nourishment and education； to
which it is inseparably annexed； and belongs as much to the
foster…father of an exposed child as to the natural father of another。
So little power does the bare act of begetting give a man over his
issue； if all his care ends there； and this be all the title he hath
to the name and authority of a father。 And what will become of this
paternal power in that part of the world where one woman hath more
than one husband at a time？ or in those parts of America where； when
the husband and wife part； which happens frequently； the chi
