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Show to: MW", g. fl'mm' of COMMON-WE ALTH, queitionl eth nowin the flare of meer Nature -, where there are fup- And this kind of Dominion, or Soveraignty, differeth from Sove; _ pofed no awes of Matrimony, no lawes for the Education of Chile {mm from raignty 3y Inflitution, onely in this, That men who choofe their 504 63mm"- veraign o it for fear of one another, and not of him whom they Inmalt}: 6} In- pm a: OfCOMMON-WEAL'TH. €60.20} V far! at: aetions of that Man, or Alfembly, that hath their lives and liberty in his Power. fiitute ; 'But in this cafe,they fubjeft themfelves,to him the are afraid ' ' of. In both cafes they do it for fear: which is to be note by them, that hold all firth Covenants, as proceed from fear of death, or vio. lence, voyd : which ifit were true, no man, in any kind ofCommon. wealth, could be obli ed to Obedience. It is true, that in a Commonwealth once Inflitute , or acquired, Promifes proceeding from fear of death, or violence, are no Covenants, nor obhging, when the thin promifedis Contrary to the Lawes; But the reaion is not, be~ can e it was made upon fear, but becaufe he that promifeth, hath no Chapao, been erec‘ied by the Fathers, not by the Mothers of families. But the dren ,but the Law of Nature, and the naturall inclination of the Sexes, one to another, and to their children. In this condition of meet Nature, either the Parents between themfelves difpofe of the dominion over the Child by Contract 3 or do not difpofe thereof at all. Ifthey dif fe thereof, the right paffeth according to the Contraét. We findih Hifiory that the Amazom Contracted With the Men of the neighbouring Countries, to whom they had recourfe for iifue, that the iifue Male fliould be fent back, but the Female re- right in the thing promifed. Alfo, when he may lawfully performe, main withthemfelves:fo that the demimon of the Females was in the Mother. Ifthere be no Contract, the Dominion is in the Mother, For in the 0r Edam!" condition of meer Nature, where there are no Matrimoniall lawes, 0"; and doth not, it is not the Invalidity of the Covenant, that abfolveth it tanner be known who is the Father,unlefl‘e it be delared by the Mo- him, but the Sentence of the Soveraign. Otherwtfe, whenfoevera man lawfully promifeth, he unlawfully breaketh : But when the So- ther :and therefore the right of Dominion over the Child dependeth on her will, and is confequently hers. Again,feeing the Infant is firft in the ower of the Mother, fo as {he may either nourifli, or expofe verai n, who is the Actor, acquitteth him, then he is vauitted by himt at extorted the promife, as by the Author offuch abfolutton. The Right: But the Rights, and Confequences of Soveraignty, are the fame QfSowrmgr- in both. His Power cannot, without his confent, be Transferred to Vibe/4W another : He cannot i~orfeitit:He cannotbe Accufed by any of his "' 1'0"" Subjects, of lnjur : He cannot be Punifhed by them : He is judge of what is neceifary or Peace , and Judge of Doctrines : He is Sole Legiflator -, and Supreme Judge of Controverfies; and of the Times, and Occafions of Warre, and Peace : to him it belongeth to choofc Magifirates, Counfellours, Commanders, and all other Qfficcrsmnd. Miniflers ; and to determine of Rewards, and Puniihments, Honour, and Order. The reafons whereof3 are the fame which are alledged m the precedent Chapter, for the fame Rights, and Confequences of Soveraignty by Inflitution. , . Dominian Dominion is acquired two wayes; By Generation, and by Con- PW'W' quefi. The ri ht of Dominion by Generation, is that, which the Pa- ‘W """'""1' rent hath overfius Children ; and is called PA r 2 R NA I. L . And is not foderived from the Generation, as if therefore the Parent had DoN.» 1,, 0,- minion over his Child becaufe he begar him -, but from the Childs mralian, 61¢! Confent, either exprefle, or by other fufiicient arguments declared. 51C0wmfl 3 For as to the Generation, God hath ordained to man a helper; and there be alwayes two that are equally Parents : the Dominion there« fore over the Child, ihould belong equally to both 5 and he be equally fubjee‘t to both, which is impoflible; for no man can obey two Mar ers. And whereas fome have attributed the Dominion to the Man onely, as being of the more excellent Sex 3 they mifreckon in it. For there is not alwayes that difference of iti'engtli, or prudence between the man and the woman, as that the right can be determined without 'Vardn Common-wealths,this controverlie in decided by the Civill Law : and for the mofi part, ( but nor alwayes ) the fentence is in fa' 70*" ofthe Father; becaufe for the molt part Common-wealths have been it;if1 1e nourish it, it oweth its life to the Mother; and is therefore obliged to obey her, rather than any other -, and by confcquence the: Dominion over it is hers. But if {he expofe it, and another find,and' nourilh it, the Dominion is in him that nourilheth it. For it on ht to obey him by whom it is preferved ,becaufe, prefervation of li e be- ingthe end. for which one man becomes fubjeét to another, every man is fuppofed to romife obedience, to him, in whofe power it is to fave, or defiroy um, If the Mother be the Fathers fubjec‘t, the Child, is in the Fathers 0r Precedent power : and if the Father be the Mothers fubjeét, (as when a Sove- firé/efiiam of raign Queen marrieth one of her fubjeé‘ts,)the Child is fubjeét to W of "9‘ the Mother 3 becaufe the Father alfo is her i'ubjet‘ft. Tmm ‘° Ifa man and a Woman, Monarches of two feverall Kingdomes, we "be" have a Child, and contraét concerning who {hall have the Dominion of him, the Ri ht of the Dominion paifeth by the Contraét. Ifthey contract not, [EC Dominion followeth the Dominion of the place of his refidence. For the Soveraign of each Country hath Dominionover all that re fide therein. He that hath the Dominion over the Child, hath Dominion alfo over the Children of the Child -, and over their Childrens Children, For he that hath Dominion over the erfon ofa man, hath Dominion over all that is his -, without which, Dominion were but a Title, without the effect. The Right of Succeflion to Paternall Dominion, proceedeth in the 77" Rik/3' 0!" fame manner, as doth the Right of Succeflion to Monarchy; of S'm'fl" . h ti}: wihlh 11c _ ave a"1'. ready i‘fl‘nl. u cient l y fpoken.m the preced ent chapter. fullamet RM" 0F omrnion acquired by Conqueft, or Viétory in war, is that which Rig/J; ,1,‘ ofppf. fome Writers call Dr s r or i c A I. L, from «imam, which fignifie th a fry/Mn, Lord, or Mdfler; and is the Dominion of the Mailer over his SerDI/PWEW vant. Amithi s Dominionisthen acquired to the Victor, when the Z'fijf a Vanquilhed, " "e ' |