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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

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