The English works of Thomas Hobbes of Malmesbury, Volume 02 (of 11)
Thomas Hobbes · en
5. Secondly, if the mother be taken prisoner, her son is his that
took her; because that he who hath dominion over the person, hath
also dominion over all belonging to the person; wherefore over the
son also, as hath been shewed in the foregoing chapter, in the fifth
article. Thirdly, if the mother be a subject under what government
soever, he that hath the supreme authority in that government, will
also have the dominion over him that is born of her; for he is lord
also of the mother, who is bound to obey him in all things.
Fourthly, if a woman for society’s sake give herself to a man on
this condition, that he shall bear the sway; he that receives his
being from the contribution of both parties, is the _father’s_, in
regard of the command he hath over the _mother_. But if a woman
bearing rule shall have children by a subject, the children are the
_mother’s_; for otherwise the woman can have no children without
prejudice to her authority. And universally, if the society of the
male and female be such an union, as the one have subjected himself
to the other, the children belong to him or her that commands.
[Sidenote: In such a conjunction of male and female, as neither hath
the commanding power over the other, the children are the
mother’s; except by pact or civil law it be otherwise
determined.]
6. But in the state of nature, if a man and woman contract so, as
neither is subject to the command of the other, the children are the
mother’s, for the reasons above given in the third article, unless
by pacts it be otherwise provided. For the _mother_ may by pact
dispose of her right as she lists; as heretofore hath been done by
the Amazons, who of those children which have been begotten by their
neighbours, have by pact allowed them the _males_, and retained
_females_ to themselves. But in a civil government, if there be a
contract of marriage between a man and woman, the children are the
_father’s_; because in all cities, to wit, constituted of _fathers_,
not _mothers_ governing their families, the domestical command
belongs to the man; and such a contract, if it be made according to
the civil laws, is called matrimony. But if they agree only to lie
together, the children are the _father’s_ or the _mother’s_
variously, according to the differing civil laws of divers cities.
[Sidenote: Children are no less subject to their parents, than
servants to their lords, and subjects to their city.]