second treatise of government-第20章
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they were born in the woods； amongst the unconfined inhabitants； that run loose in them： for those； who would persuade us； that by being born under any government； we are naturally subjects to it； and have no more any title or pretence to the freedom of the state of nature； have no other reason （bating that of paternal power； which we have already answered） to produce for it； but only； because our fathers or progenitors passed away their natural liberty； and thereby bound up themselves and their posterity to a perpetual subjection to the government； which they themselves submitted to。 It is true； that whatever engagements or promises any one has made for himself； he is under the obligation of them； but cannot； by any compact whatsoever； bind his children or posterity： for his son； when a man； being altogether as free as the father； any act of the father can no more give away the liberty of the son； than it can of any body else： he may indeed annex such conditions to the land； he enjoyed as a subject of any common…wealth； as may oblige his son to be of that community； if he will enjoy those possessions which were his father's； because that estate being his father's property； he may dispose； or settle it； as he pleases。 Sec。 117。 And this has generally given the occasion to mistake in this matter； because commonwealths not permitting any part of their dominions to be dismembered； nor to be enjoyed by any but those of their community； the son cannot ordinarily enjoy the possessions of his father； but under the same terms his father did； by becoming a member of the society； whereby he puts himself presently under the government he finds there established； as much as any other subject of that common…wealth。 And thus the consent of freemen； born under government； which only makes them members of it； being given separately in their turns； as each comes to be of age； and not in a multitude together； people take no notice of it； and thinking it not done at all； or not necessary； conclude they are naturally subjects as they are men。 Sec。 118。 But； it is plain； governments themselves understand it otherwise； they claim no power over the son； because of that they had over the father； nor look on children as being their subjects； by their fathers being so。 If a subject of England have a child； by an English woman in France； whose subject is he？ Not the king of England's； for he must have leave to be admitted to the privileges of it： nor the king of France's； for how then has his father a liberty to bring him away； and breed him as he pleases？ and who ever was judged as a traytor or deserter； if he left； or warred against a country； for being barely born in it of parents that were aliens there？ It is plain then； by the practice of governments themselves； as well as by the law of right reason； that a child is born a subject of no country or government。 He is under his father's tuition and authority； till he comes to age of discretion； and then he is a freeman； at liberty what government he will put himself under； what body politic he will unite himself to： for if an Englishman's son； born in France； be at liberty； and may do so； it is evident there is no tie upon him by his father's being a subject of this kingdom； nor is he bound up by any compact of his ancestors。 And why then hath not his son； by the same reason； the same liberty； though he be born any where else？ Since the
power that a father hath naturally over his children； is the same； where…ever they be born； and the ties of natural obligations； are not bounded by the positive limits of kingdoms and commonwealths。 Sec。 119。 Every man being； as has been shewed； naturally free； and nothing being able to put him into subjection to any earthly power； but only his own consent； it is to be considered； what shall be understood to be a sufficient declaration of a man's consent； to make him subject to the laws of any government。 There is a common distinction of an express and a tacit consent； which will concern our present case。 No body doubts but an express consent； of any man entering into any society； makes him a perfect member of that society； a subject of that government。 The difficulty is； what ought to be looked upon as a tacit consent； and how far it binds； i。e。 how far any one shall be looked on to have consented； and thereby submitted to any government； where he has made no expressions of it at all。 And to this I say； that every man； that hath any possessions； or enjoyment； of any part of the dominions of any government； cloth thereby give his tacit consent； and is as far forth obliged to obedience to the laws of that government； during such enjoyment； as any one under it； whether this his possession be of land； to him and his heirs for ever； or a lodging only for a week； or whether it be barely travelling freely on the highway； and in effect； it reaches as far as the very being of any one within the territories of that government。 Sec。 120。 To understand this the better； it is fit to consider； that every man； when he at first incorporates himself into any commonwealth； he； by his uniting himself thereunto； annexed also； and submits to the community； those possessions； which he has； or shall acquire； that do not already belong to any other government： for it would be a direct contradiction； for any one to enter into society with others for the securing and regulating of property； and yet to suppose his land； whose property is to be regulated by the laws of the society； should be exempt from the jurisdiction of that government； to which he himself； the proprietor of the land； is a subject。 By the same act therefore； whereby any one unites his person； which was before free； to any common…wealth； by the same he unites his possessions； which were before free； to it also； and they become； both of them； person and possession； subject to the government and dominion of that common…wealth； as long as it hath a being。 VVhoever therefore； from thenceforth； by inheritance； purchase； permission； or otherways； enjoys any part of the land； so annexed to； and under the government of that common…wealth； must take it with the condition it is under； that is； of submitting to the government of the common…wealth； under whose jurisdiction it is； as far forth as any subject of it。 Sec。 121。 But since the government has a direct jurisdiction only over the land； and reaches the possessor of it； （before he has actually incorporated himself in the society） only as he dwells upon； and enjoys that； the obligation any one is under； by virtue of such enjoyment； to submit to the government； begins and ends with the enjoyment； so that whenever the owner； who has given nothing but such a tacit consent to the government； will； by donation； sale； or otherwise； quit the said possession； he is at liberty to go and incorporate himself into any other common…wealth； or to agree with others to begin a new one； in vacuis locis； in any part of the world； they can find free and unpossessed： whereas he； that has once； by actual agreement； and any express declaration； given his consent to be of any common… wealth； is perpetually and indispensably obliged to be； and remain unalterably a subject to it； and can never be again in the liberty of the state of nature； unless； by any calamity； the government he was under comes to be dissolved； or else by some public act cuts him off from being any longer a member of it。
Sec。 122。 But submitting to the laws of any country； living quietly； and enjoying privileges and protection under them； makes not a man a member of that society： this is only a local protection and homage due to and from all those； who； not being in a state of war； come within the territories belonging to any government； to all parts whereof the force of its laws extends。 But this no more makes a man a member of that society； a perpetual subject of that common…wealth； than it would make a man a subject to another； in whose family he found it convenient to abide for some time； though； whilst he continued in it； he were obliged to comply with the
