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A64092 Patriarcha non monarcha The patriarch unmonarch'd : being observations on a late treatise and divers other miscellanies, published under the name of Sir Robert Filmer, Baronet : in which the falseness of those opinions that would make monarchy Jure divino are laid open, and the true principles of government and property (especially in our kingdom) asserted / by a lover of truth and of his country. Tyrrell, James, 1642-1718. 1681 (1681) Wing T3591; ESTC R12162 177,016 266

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these Patriarchs ●ere For this will serve toward the solving those ●xamples he puts of Abram's power of Peace and ●ar and of Judah's power of Life and Death over 〈◊〉 Daughter-in-law Thamar We will first then con●er the power of a Father by the Law of Nature ●er his Children and then that of a Master of a Fa●ly over his Wife Servants or Slaves To begin ●…th that of a Father as the most worthy I shall deavour to search into the Original of the Father's ●wer over the persons of his Children and how far extends It is evident that this Power of Fathers over their ●ildren can only take place in the state of Wedlock 〈◊〉 as to Children got out of Marriage it is uncertain ●o is their Father who can only be known by the declaration of the Mother and she sometimes cannot certainly tell her self So that no man is obliged to take care of or breed up a Bastard because the Mother if she had her liberty of keeping what company she pleased can never morally assure him that the Child is his therefore unless he take upon him the care and education of this Child it belongs to the Mother and not to him to provide for it So that the Right of the Father over his Child commences by vertue 〈◊〉 the Marriage which is a mutual Compact between a Man and a Woman for their Cohabitation the generation of Children and their joint care and provision for them So that though by the Law of Nature which is confirm'd by the Law of God the Woman as the weaker vessel is to be subject to the Man as the stronger stouter and commonly the wiser creature 〈◊〉 whose care and courage she must owe the greatest par● of her provision and protection yet she is not without an Interest in the Children since she is under 〈◊〉 obligation to perform her part and that the most 〈◊〉 borious and troublesome in their Education thoug● her Power and Right in them be still subordinate 〈◊〉 that of the Man to whom by force of the Marriage sh● hath already subjected herself Some Writers ther● fore think they have done sufficiently when they 〈◊〉 us that the Father hath an absolute Dominion ov● his Child because he got it and is the cause of it being By this Argument the Mother hath great● Right over the person of the Child since all Nat● ralists hold the Child partakes more of her than of 〈◊〉 Father and she is besides at greater pain and troub● both in the bearing bringing it forth nursing an● breeding it up But if it be answered that the Ma● being Master of his Wife is by the Contract so lik● wise of her Issue Then it follows that this power 〈◊〉 the Father does not commence barely from Gene●… tion but is acquired from the Contract of Marriage which till I meet with some reason to the contrary I see not why it might not be so agreed by the Contracts that the Father should not dispose of the Children without the Mothers consent Since we see it often so agreed in the Marriages of Soveraign Princes Vid. Articles of Marriage between King Philip and Queen Mary in Godwin's Annals An. 1554. Thuanus Lib. IX So likewise where a Subject marries his Queen as the Lord Darnley's Marriage with Mary Qu. of Scotland the Soveraignty and consequently the Power over the Children to be born remained entirely in Her who are always supposed to be in the state of Nature in respect to each other Yet though I will not deny but some Gratitude and Acknwledgment is due from Children to Parents even for this that they did enter into the state of Marriage for their generation and were the occasion of their Being Yet I do not see how by this alone a Father acquires an absolute power and dominion over the person of the Child to dispose of it as he thinks fit Since Parents acting here only as Natural and not Moral Agents they are not the voluntary Causes of its generation Therefore I cannot found so great a Right as that of an absolute perpetual Dominion over the Children upon so slight a foundation We must therefore trace this Right of Fathers over his Children to a more true original than any of these Since then all the Laws of Nature or Reason are intended for one end or effect viz. the common good and preservation of Mankinde and that Marriage is no otherwise a Duty than as by the propagation of our Species it conduces to without the help and assistance of others and that the Parents entred into this state of Marriage for the procreation of Children both the Instinct of Nature and Law of Reason dictate that they are obliged to take care of and provide for that Child which they as subordinate Causes have produced as being those on whom God hath imposed this Duty which is much greater than that of Generation for now the world is sufficiently peopled it may be doubted whether any person is obliged to Marry further than it may consist with their conveniency or course of Life But Parents when they are Married are tyed by the Laws of Nature to take care of the Children Therefore I suppose the highest Right of Parents in their Children doth arise merely from their discharge of this great Duty of Education as may appear from this Instance Suppose the Parents not being willing to undertake the trouble of breeding up the Child do either expose it or pass over their Right in it to another assoon as it is born I desire to know if the person that finds this Child or he to whom it is assigned breed it up until it come to have the use of Reason what Duty this Child can owe his Parents if they are made known to him Certainly all the obligation he can have to them must be upon the score of their begetting him which how small that is you may observe from what hath been said before nor can the Parents claim any further Right in this Child since by their exposing and granting it away they renounced all the Interest they could have in it so that the Duty and Gratitude he should have owed them had they taken upon them the care and trouble of breeding him up is now due to his Foster-Father or Mother who took care of him until he was able to shift for himself From whence it is evident that the highest Right which Parents can have in their Children is not meerly natural from generation but acquir'd by their performance of that nobler part of their Duty And so the highest Obedience which Children owe their Patents proceeds from that Gratitude and Sense they ought to have of the great obligation they owe their Parents for the trouble and care they put them to in their Education Having now I hope found out the Original of Parents Right and Interest in their Children and the chief ground of their Gratitude and Duty to their Parents we will now proceed to