second treatise of government-第12章
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iscretion to treat him still as a boy? Sec。 69。 The first part then of paternal power; or rather duty; which is education; belongs so to the father; that it terminates at a certain season; when the business of education is over; it ceases of itself; and is also alienable before: for a man may put the tuition of his son in other hands; and he that has made his son an apprentice to another; has discharged him; during that time; of a great part of his obedience both to himself and to his mother。 But all the duty of honour; the other part; remains never the less entire to them; nothing can cancel that: it is so inseparable from them both; that the father's authority cannot dispossess the mother of this right; nor can any man discharge his son from honouring her that bore him。 But both these are very far from a power to make laws; and enforcing them with penalties; that may reach estate; liberty; limbs and life。 The power of commanding ends with nonage; and though; after that; honour and respect; support and defence; and whatsoever gratitude can oblige a man to; for the highest benefits he is naturally capable of; be always due from a son to his parents; yet all this puts no scepter into the father's hand; no sovereign power of commanding。 He has no dominion over his son's property; or actions; nor any right; that his will should prescribe to his son's in all things; however it may become his son in many things; not very inconvenient to him and his family; to pay a deference to it。 Sec。 70。 A man may owe honour and respect to an ancient; or wise man; defence to his child or friend; relief and support to the distressed; and gratitude to a benefactor; to such a degree; that all he has; all he can do; cannot sufficiently pay it: but all these give no authority; no right to any one; of making laws over him from whom they are owing。 And it is plain; all this is due not only to the bare title of father; not only because; as has been said; it is owing to the mother too; but because these obligations to parents; and the degrees of what is required of children; may be varied by the different care and kindness; trouble and expence; which is often employed upon one child more than another。 Sec。 71。 This shews the reason how it comes to pass; that parents in societies; where they themselves are subjects; retain a power over their children; and have as much right to their subjection; as those who are in the state of nature。 Which could not possibly be; if all political power were only paternal; and that in truth they were one and the same thing: for then; all paternal power being in the prince; the subject could naturally have none of it。 But these two powers; political and paternal; are so perfectly distinct and separate; are built upon so different foundations; and given to so different ends; that every subject that is a father; has as much a paternal power over his children; as the prince has over his: and every prince; that has parents; owes them as much filial duty and obedience; as the meanest of his subjects do to their's; and can therefore contain not any part or degree of that kind of dominion; which a prince or magistrate has over his subject。 Sec。 72。 Though the obligation on the parents to bring up their children; and the obligation on children to honour their parents; contain all the power on the one hand; and submission on the other; which are proper to this relation; yet there is
another power ordinarily in the father; whereby he has a tie on the obedience of his children; which tho' it be common to him with other men; yet the occasions of shewing it; almost consich tho' it be common to him with other men; yet the occasions of shewing it; almost constantly happening to fathers in their private families; and the instances of it elsewhere being rare; and less taken notice of; it passes in the world for a part of paternal jurisdiction。 And this is the power men generally have to bestow their estates on those who please them best; the possession of the father being the expectation and inheritance of the children; ordinarily in certain proportions; according to the law and custom of each country; yet it is commonly in the father's power to bestow it with a more sparing or liberal hand; 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; whic