, 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.
Sect. 58. The power, then, that parents have over their children, arises
from that duty which is incumbent on them, to take care of their
off-spring, 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 not 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 freeman,
the son is a freeman too.
Sect. 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, a state of maturity
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, some body 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 one and twenty
years, 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 f
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