The English works of Thomas Hobbes of Malmesbury, Volume 03 (of 11)
Thomas Hobbes · en
Dominion is acquired two ways; by generation, and by conquest. The right
of dominion by generation, is that, which the parent hath over his
children; and is called PATERNAL. [Sidenote: Not by generation, but by
contract;] And is not so derived from the generation, as if therefore
the parent had dominion over his child because he begat him; but from
the child’s consent, either express, or by other sufficient arguments
declared. For as to the generation, God hath ordained to man a helper;
and there be always two that are equally parents: the dominion therefore
over the child, should belong equally to both; and he be equally subject
to both, which is impossible; for no man can obey two masters. And
whereas some have attributed the dominion to the man only, as being of
the more excellent sex; they misreckon in it. For there is not always
that difference of strength, or prudence between the man and the woman,
as that the right can be determined without war. In commonwealths, this
controversy is decided by the civil law; and for the most part, but not
always, the sentence is in favour of the father; because for the most
part commonwealths have been erected by the fathers, not by the mothers
of families. But the question lieth now in the state of mere nature;
where there are supposed no laws of matrimony; no laws for the education
of children; but the law of nature, and the natural inclination of the
sexes, one to another, and to their children. In this condition of mere
nature, either the parents between themselves dispose of the dominion
over the child by contract; or do not dispose thereof at all. If they
dispose thereof, the right passeth according to the contract. We find in
history that the Amazons contracted with the men of the neighbouring
countries, to whom they had recourse for issue, that the issue male
should be sent back, but the female remain with themselves: so that the
dominion of the females was in the mother.
[Sidenote: Or education;]
If there be no contract, the dominion is in the mother. For in the
condition of mere nature, where there are no matrimonial laws, it cannot
be known who is the father, unless it be declared by the mother: and
therefore the right of dominion over the child dependeth on her will,
and is consequently hers. Again, seeing the infant is first in the power
of the mother, so as she may either nourish, or expose it; if she
nourish it, it oweth its life to the mother; and is therefore obliged to
obey her, rather than any other; and by consequence the dominion over it
is hers. But if she expose it, and another find and nourish it, the
dominion is in him that nourisheth it. For it ought to obey him by whom
it is preserved; because preservation of life being the end, for which
one man becomes subject to another, every man is supposed to promise
obedience, to him, in whose power it is to save, or destroy him.
[Sidenote: Or precedent subjection of one of the parents to the other.]