not
necessary, conclude they are naturally subjects as they are men.

Sect. 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.

Sect. 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, tha