第 8 节
作者:打倒一切      更新:2021-02-21 15:39      字数:9322
  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 his own will。 To turn him loose
  to an unrestrained liberty; before he has reason to guide him; is
  not the allowing him the privilege of his nature to be free; but to
  thrust him out amongst brutes; and abandon him to a state as
  wretched and as much beneath that of a man as theirs。 This is that
  which puts the authority into the parents' hands to govern the
  minority of their children。 God hath made it their business to
  employ this care on their offspring; and hath placed in them
  suitable inclinations of tenderness and concern to temper this
  power; to apply it as His wisdom designed it; to the children's good
  as long as they should need to be under it。
  64。 But what reason can hence advance this care of the parents due
  to their offspring into an absolute; arbitrary dominion of the father;
  whose power reaches no farther than by such a discipline as he finds
  most effectual to give such strength and health to their bodies;
  such vigour and rectitude to their minds; as may best fit his children
  to be most useful to themselves and others; and; if it be necessary to
  his condition; to make them work when they are able for their own
  subsistence; but in this power the mother; too; has her share with the
  father。
  65。 Nay; this power so little belongs to the father by any
  peculiar right of Nature; but only as he is guardian of his
  children; that when he quits his care of them he loses his power
  over them; which goes along with their nourishment and education; to
  which it is inseparably annexed; and belongs as much to the
  foster…father of an exposed child as to the natural father of another。
  So little power does the bare act of begetting give a man over his
  issue; if all his care ends there; and this be all the title he hath
  to the name and authority of a father。 And what will become of this
  paternal power in that part of the world where one woman hath more
  than one husband at a time? or in those parts of America where; when
  the husband and wife part; which happens fr