10. We get a right over irrational creatures, in the same manner that we do over the persons of men; to wit, by force and natural strength. For if in the state of nature it is lawful for every one, by reason of that war which is of all against all, to subdue and also to kill men as oft as it shall seem to conduce unto their good; much more will the same be lawful against brutes; namely, at their own discretion to reduce those to servitude, which by art may be tamed and fitted for use, and to persecute and destroy the rest by a perpetual war as dangerous and noxious. Our dominion therefore over beasts, hath its original from the right of nature, not from divine positive right. For if such a right had not been before the publishing of the Sacred Scriptures, no man by right might have killed a beast for his food, but he to whom the divine pleasure was made manifest by holy writ; a most hard condition for men indeed, whom the beasts might devour without injury, and yet they might not destroy them. Forasmuch therefore as it proceeds from the right of nature, that a beast may kill a man, it is also by the same right that a man may slay a beast.
CHAPTER IX.
OF THE RIGHT OF PARENTS OVER THEIR CHILDREN, AND
OF HEREDITARY GOVERNMENT.
[1.] Paternal dominion ariseth not from generation. [2.] Dominion over infants belongs to him or her who first hath them in their power. [3.] Dominion over infants is originally the mother’s. [4.] The exposed infant is his, from whom he receives his preservation. [5.] The child that hath one parent a subject, and the other a sovereign, belongs to him or her in authority. [6.] In such a conjunction of man and woman, as neither hath command over the other, the children are the mother’s, unless by compact or civil law it be otherwise determined. [7.] Children are no less subject to their parents, than servants to their lords and subjects to their princes. [8.] Of the honour of parents and lords. [9.] Wherein liberty consists, and the difference of subjects and servants. [10.] There is the same right over subjects in an hereditary government, which there is in an institutive government. [11.] The question concerning the right of succession belongs only to monarchy. [12.] A monarch may by his will and testament dispose of his supreme authority: [13.] Or give it, or sell it. [14.] A monarch dying without testament, is ever supposed to will that a monarch should succeed him: [15.] And some one of his children: [16.] And a male rather than female: [17.] And the eldest rather than the younger: [18.] And his brother, if he want issue, before all others. [19.] In the same manner that men succeed to the power, do they also succeed to the right of succession.
Paternal dominion ariseth not from generation.
1. Socrates is a man, and therefore a living creature, is right reasoning; and that most evident, because there is nothing needful to the acknowledging of the truth of the consequence, but that the word man be understood; because a living creature is in the definition itself of a man, and every one makes up the proposition which was desired, namely this, man is a living creature. And this, Sophroniscus is Socrates’ father, and therefore his lord, is perhaps a true inference, but not evident; because the word lord is not in the definition of a father: wherefore it is necessary, to make it more evident, that the connexion of father and lord be somewhat unfolded. Those that have hitherto endeavoured to prove the dominion of a parent over his children, have brought no other argument than that of generation; as if it were of itself evident, that what is begotten by me is mine; just as if a man should think, that because there is a triangle, it appears presently, without any further discourse, that its angles are equal to two right. Besides, since dominion, that is, supreme power is indivisible, insomuch as no man can serve two masters; but two persons, male and female, must concur in the act of generation; it is impossible that dominion should at all be acquired by generation only. Wherefore we will, with the more diligence, in this place inquire into the original of paternal government.
Dominion over infants belongs to him who first hath them in his power.
2. We must therefore return to the state of nature, in which, by reason of the equality of nature, all men of riper years are to be accounted equal. There by right of nature the conqueror is lord of the conquered. By the right therefore of nature, the dominion over the infant first belongs to him who first hath him in his power. But it is manifest that he who is newly born, is in the mother’s power before any others; insomuch as she may rightly, and at her own will, either breed him up or adventure him to fortune.
Dominion over infants is originally the mother’s.
3. If therefore she breed him, because the state of nature is the state of war, she is supposed to bring him up on this condition; that being grown to full age he become not her enemy; which is, that he obey her. For since by natural necessity we all desire that which appears good unto us, it cannot be understood that any man hath on such terms afforded life to another, that he might both get strength by his years, and at once become an enemy. But each man is an enemy to that other, whom he neither obeys nor commands. And thus in the state of nature, every woman that bears children, becomes both a mother and a lord. But what some say, that in this case the father, by reason of the pre-eminence of sex, and not the mother becomes lord, signifies nothing. For both reason shows the contrary; because the inequality of their natural forces is not so great, that the man could get the dominion over the woman without war. And custom also contradicts not; for women, namely Amazons, have in former times waged war against their adversaries, and disposed of their children at their own wills. And at this day, in divers places women are invested with the principal authority; neither do their husbands dispose of their children, but themselves; which in truth they do by the right of nature; forasmuch as they who have the supreme power, are not tied at all (as hath been shewed) to the civil laws. Add also, that in the state of nature it cannot be known who is the father, but by the testimony of the mother; the child therefore is his whose the mother will have it, and therefore her’s. Wherefore original dominion over children belongs to the mother: and among men no less than other creatures, the birth follows the belly.