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l 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; which; as a man; he had a right to: and he alone could punish him in his family; where the respect of his children had laid by the exercise of such a power; to give way to the dignity and authority they were willing should remain in him; above the rest of his family。 (*It is no improbable opinion therefore; which the archphilosopher was of; that the chief person in every houshold was always; as it were; a king: so when numbers of housholds joined themselves in civil societies together; kings were the first kind of governors amongst them; which is also; as it seemeth; the reason why the name of fathers continued still in them; who; of fathers; were made rulers; as also the ancient custom of governors to do as Melchizedec; and being kings; to exercise the office of priests; which fathers did at the first; grew perhaps by the same occasion。 Howbeit; this is not the only kind of regiment that has been received in the world。 The inconveniences of one kind have caused sundry others to be devised; so that in a word; all public regiment; of what kind soever; seemeth evidently to have risen from the deliberate advice; consultation and composition between men; judging it convenient and behoveful; there being no impossibility in nature considered by itself; but that man might have lived without any public regiment; Hooker's Eccl。 Pol。 lib。 i。 sect。 10。) Sec。 75。 Thus it was easy; and almost natural for children; by a tacit; and scarce avoidable consent; to make way for the father's authority and government。 They had been accustomed in their childhood to follow his direction; and to refer their little differences to him; and when they were men; who fitter to rule them? Their little properties; and less covetousness; seldom afforded greater controversies; and when any should arise; where could they have a fitter umpire than he; by whose care they had every one been sustained and brought up; and who had a tenderness for them aII? It is no wonder that they made no distinction betw