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concerning civil government-第10章

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over him? But a liberty to dispose and order freely as he lists his

person; actions; possessions; and his whole property within the

allowance of those laws under which he is; and therein not to be

subject to the arbitrary will of another; but freely follow his own。

  58。 The power; then; that parents have over their children arises

from that duty which is incumbent on them; to take care of their

offspring during the imperfect state of childhood。 To inform the mind;

and govern the actions of their yet ignorant nonage; till reason shall

take its place and ease them of that trouble; is what the children

want; and the parents are bound to。 For God having given man an

understanding to direct his actions; has allowed him a freedom of will

and liberty of acting; as properly belonging thereunto within the

bounds of that law he is under。 But whilst he is in an estate

wherein he has no understanding of his own to direct his will; he is

not to have any will of his own to follow。 He that understands for him

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 h
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