The English works of Thomas Hobbes of Malmesbury, Volume 04 (of 11)
Thomas Hobbes · en
3. The title to dominion over a child, proceedeth not from the
generation, but from the preservation of it; and therefore in the
estate of nature, the mother, in whose power it is to save or
destroy it, hath right thereto by that power, according to that
which hath been said, Part I. chapter I. sect. 13. And if the mother
shall think fit to abandon, or expose her child to death, whatsoever
man or woman shall find the child so exposed, shall have the same
right which the mother had before; and for this same reason, namely,
for the power not of generating, but preserving. And though the
child thus preserved, do in time acquire strength, whereby he might
pretend equality with him or her that hath preserved him, yet shall
that pretence be thought unreasonable, both because his strength was
the gift of him, against whom he pretendeth, and also because it is
to be presumed, that he which giveth sustenance to another, whereby
to strengthen him, hath received a promise of obedience in
consideration thereof. For else it would be wisdom in men, rather to
let their children perish, while they are infants, than to live in
their danger or subjection, when they are grown.
[Sidenote: The child of a woman servant, &c.]
4. For the pretences which a man may have to dominion over a child
by the right of the mother, they be of divers kinds. One by the
absolute subjection of the mother; another, by some particular
covenant from her, which is less than a covenant of such subjection.
By absolute subjection, the master of the mother, hath right to her
child, according to section 6, chapter III, whether he be the father
thereof, or not. And thus the children of the servant are the goods
of the master _in perpetuum_.
[Sidenote: The right to the child given from the mother, &c.]
5. Of covenants that amount not to subjection between a man and
woman, there be some which are made for a time; they are covenants
of cohabitation, or else of copulation only. And in this latter
case, the children pass by covenants particular. And thus in the
copulation of the Amazons with their neighbours, the fathers by
covenant had the male children only, the mothers retaining the
females.
[Sidenote: The child of the concubine, &c.]
6. And covenants of cohabitation are either for society of bed, or
for society of all things; if for society of bed only, then is the
woman called _a concubine_. And here also the child shall be his or
hers, as they shall agree particularly by covenant. For although for
the most part, a concubine is supposed to yield up the right of her
children to the father, yet doth not concubinate enforce so much.
[Sidenote: The child of the husband and the wife, &c.]