But to speak thus is to speak what we do know. Rousseau was not open
to such testimony. "My principles," he said in contempt of Grotius,
"are not founded on the authority of poets; they come from the nature
of things and are based on reason."[180] He does indeed in one place
express his reverence for the Judaic law, and administers a just
rebuke to the philosophic arrogance which saw only successful
impostors in the old legislators.[181] But he paid no attention to
the processes and usages of which this law was the organic expression,
nor did he allow himself to learn from it the actual conditions of the
social state which accepted it. It was Locke, whose essay on civil
government haunts us throughout the Social Contract, who had taught
him that men are born free, equal, and independent. Locke evaded the
difficulty of the dependence of childhood by saying that when the son
comes to the estate that made his father a free man, he becomes a free
man too.[182] What of the old Roman use permitting a father to sell
his son three times? In the same metaphysical spirit Locke had laid
down the absolute proposition that "conjugal society is made by a
voluntary compact between man and woman."[183] This is true of a small
number of western societies in our own day, but what of the primitive
usages of communal marriages, marriages by capture, purchase, and the
rest? We do not mean it as any discredit to writers upon government in
the seventeenth century that they did not make good out of their own
consciousness the necessary want of knowledge about primitive
communities. But it is necessary to point out, first, that they did
not realise all the knowledge within their reach, and next that, as a
consequence of this, their propositions had a quality that vitiated
all their speculative worth. Filmer's contention that man is not
naturally free was truer than the position of Locke and Rousseau, and
it was so because Filmer consulted and appealed to the most authentic
of the historic records then accessible.[184]
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