1. Of three ways by which a man becometh subject to another, mentioned section 2, chapter the last, namely, voluntary offer, captivity and birth, the former two have been spoken of, under the name of subjects, and servants. In the next place, we are to set down the third way of subjection, under the name of children, and by what title one man cometh to have propriety in a child, that proceedeth from the common generation of two; to wit, of male and female. And considering men again dissolved from all covenants one with another, and that (Part I. chap. IV. sect. 2) every man by the law of nature, hath right or propriety to his own body, the child ought rather to be the propriety of the mother, of whose body it is part, till the time of separation, than of the father. For the understanding therefore of the right that a man or woman hath to his or their child, two things are to be considered; first, what title the mother, or any other, originally hath, to a child new born: secondly, how the father, or any other man, pretendeth by the mother. [Sidenote: Pre-eminence of sex giveth not the child to the father, rather than to the mother.] 2. For the first, they that have written of this subject, have made generation to be a title of dominion over persons, as well as the consent of the persons themselves. And because generation giveth title to two, namely, father and mother, whereas dominion is indivisible, they therefore ascribe dominion over the child to the father only, _ob præstantiam sexûs_; but they show not, neither can I find out by what coherence, either generation inferreth dominion, or advantage of so much strength, which, for the most part, a man hath more than a woman, should generally and universally entitle the father to a propriety in the child, and take it away from the mother. [Sidenote: The title of the father or mother, &c.]