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RULE V.

The Father's Power over the Children can remit an Injury done to them, without their Leave or Consent.

1. The reason of this depends upon the former considerations, and is to have its understanding accordingly. So long as the son is within the civil power of the father, so long as he lives in his house, is subject to his command, is nourished by his father's charge, hath no distinct rights of his own, he is in his father's possession, and to be reckoned by his measures, and therefore cannot have any actions of injury for his own amendment.

2. But this is to be limited only to the effects of law and external courts and trials of right, or external actions of injury. For although a son cannot repeat what the father hath legally acquitted, yet, if it be a personal action, in which charity and peace are concerned, the injurious person is bound in conscience to ask the son forgiveness, upon the account of St. Paul's words, "Follow peace with all men and holiness," and, " as much as is possible, live peaceably with all men;" which no man can be said to do, who hath done wrong to a person, to whom he will not do right. For besides the relation and communication of its effects between father and son, the son is a person too, and in personal actions hath an interest naturally and unalterably, which no fiction of law, no supposition of case, can take off. S othat all the legal and external obligation the father may remit; but in the personal, there is something of proper concern

ment.

3. This is also to be limited to an intercourse with extraneous persons, and is not true in actions between the son and a conjunct person to him. And if the injury be done by a wife, or a spouse, or a freedman, or a person endeared and obliged by the son, the father cannot remit any such injury. The reason is, because, although by the force of the civil or municipal laws, the son be supposed to be still in the father's power, yet, in such things, he hath some peculiarity, and is, as to those things, free and in his own power. If the son's wife commit adultery, the father cannot forgive it, though

the son be under his father's power by law; because, as to all personal actions, the son hath a personal right, and such things have great dependance upon the law of God and nature, and these things to some great purposes do not at all communicate with the civil laws.

4. Lastly, this rule is so to be understood and practised, that it be no prejudice to the just interest of any other: and therefore a father cannot so forgive an injury done to his son, that he shall be tied not to witness it in public, when he is required by the civil power; for it may concern the commonwealth, that the criminal be punished, when it may become the father to pardon his and his son's share. He may remit all with which he hath to do, but not that, which may pass into the exchequer. But in such cases the judge may inquire; but the son, without the father's leave, may be no voluntary accuser.

RULE VI.

A Father's Authority cannot abide, after his Death; but the Son's Piety to his Father must, and may, pass upon him some indirect Obligations.

1. THE son, after his father's death, is as much lord of his person and his estate, as his father was: and therefore although all the actions, which the living father did, which, by law or the nature of the thing, have a permanent effect, still do abide as they were left; yet those things, which are of an alterable nature, and to be administered by new councils, and to be determined by emergencies and proper circumstances, or are directly subject to empire, or are personal concernments, these are in the power of the son, after his father's death. A father cannot, by his power, command a son to marry a person, whom the father does, but the son does not, love: he cannot command the son, by a just and sufficient authority, never to be a priest, or bishop, or magistrate: for in those things, in which his own mere interest is concerned, his own understanding must be his guide, and his will his ruler; for he alone does lie at stake, whether it be good or bad; and it is not reasonable, that he should govern, who neither gets, nor loses, nor knows.

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2. But though the father's authority be extinct, yet his memory is not, and there is piety towards the dead, and to parents much more; and of this the heathens gave some worthy examples. Herodotus tells that the Issedones, a people of Scythia, did use to embalm their father's head, and then to cover it with gold, and use it for a divine image, and pay to it the veneration of a yearly sacrifice. This they intended for an honour to their dead father: but in this there were no signs of obedience. Nearer to this was that which Tertullian tells of the Nasamones,-that they took their oracles at the graves of their fathers, as supposing the souls of their progenitors to have some right or care to conduct their children. But it was a pretty story that Ælian says the Brachmanes tell of a certain king of the Indians, that had many sons, who, being all of them (the youngest only excepted) immorigerous and rebellious, at last drove their father and mother from their kingdom; and they with their youngest son wandering in strange places, were quickly consumed with age and weariness and inconvenience. The young son, seeing his parents dead, burnt their bodies, and striking his head with a sword, put the ashes into the wound, by that act of piety giving his parents the most honourable sepulture, but with it also emblematically representing that his parents even after death had power upon his head, and that his head ought to be submitted to them. And it was well; if piety goes before, whatever duteousness or observance comes afterward, it cannot easily be amiss.

3. Piety sometimes does more than authority can. "Plus potest patria potestas in liberos quam lex, legiove, aut summa dictatura," say the lawyers; 'A father or a mother can prevail, when a consul or a prince cannot.' "Cum Martius Coriolanus pergebat infesto agmine adversus patriam, quis illi arma succussit è manibus nisi una Veturia?" saith the Roman story: "Coriolanus took up arms in rage against his country; and no authority could disarm him but his piety to his mother Veturia." -Now this principle is a good one; but

τη Τὴν δὲ κεφαλὴν αὐτοῦ ψιλώσαντες καὶ ἐκκαθήραντες, καταχρυσοῦσι· καὶ ἔπειτα ἅτε ἀγάλματι χρέωνται, θυσίας μεγάλας ἐπετέους ἐπιτελέοντες. - Melpom. cap. 26. Schweigh. vol. 2. pag. 220. (J. R. P.)

De Anima, cap. 57.

• Lib. 15. cap. 5.

it hath no limits of itself, but only what we give to it our selves by prudence, and necessity, and the nature of the things that are to be done. But in things that are pious and prudent, or that are innocent and indifferent, a dying father's desire, or a living father's counsel, ought to be esteemed sacred: and though they make no law, yet they pass an indirect obligation; that is, if they be transgressed without reason, they cannot be transgressed without impiety. It is certain, God is pleased with this obedience of piety, as is apparent in the case of the Rechabites; and such actions are exemplar in a family, and make the name of father venerable and sacred. And sometimes the neglect of a dying father's charge hath met with a sad event; and a petulant disobedience hath been a rebellion against the greatest reason, which sometimes is the greater by how much it ought the more to be concealed. Philotimus, of Athens, having observed his son given to amours and wandering fancies, upon his death-bed charged him by all that was sacred and profane, that however he did resolve to please his fancy and satisfy his impotent desires, he should be sure not to court or to fall in love with Pægnium. Philotimus dies, and Philodectes his son, having quickly dried up his tears which were caused by the smoke of the funeral-pile, hath a great curiosity to visit this pretty Greek, that his father had so forbidden to him. He sees her, likes her, courts her, and lies with her; and in the first night of their congress, she, being over-pleased, told him she infinitely preferred his kindness before the dull embraces of his father Philotimus, which had so often tired her. Upon this the young man starts and trembles, and finds his sin and shame, the rewards of an impious disobedience. His want of piety to his dead father made him incestuous in his mixtures and impious in his lusts. -And Pausanias P, telling of a father who meeting his son in Charon's boat, did then attempt to strangle him, to revenge his impiety and disobedience, -by this does represent, what their sentence was concerning the resentment of rebellion of sons and their undecent stubbornness, even after death.

4. And this is of so much the greater regard, if the father charges it upon the son upon his blessing, and with great imprecations: for then unless the father be evidently a light

P Lib. 10.

or trifling person, there is to be supposed some great reason for the imposition, and then nothing can warrant the laying it aside, but a great necessity, or a very great good, and certain reason to the contrary; that is, such a cause as may make the contrary effect to be infinitely unlike any image of impiety or disregard. But of this parents also must be very cautious, and not put a load of duty upon a trifle, that ought not to bear it. For he is foolish, that, upon his blessing, will command his son to make much of his sparrow or his monkey; and that son is prodigal of his father's blessing, that will venture it all to please his humour, and his itch of liberty.

RULE VII.

Neither the Father's Authority, nor the Son's Piety, can oblige them to do an Action against the Laws of God, or of the Father and our just Superior.

1. THIS rule although it seems to contain in it nothing but what is ordinary and confessed, because God is rather to be obeyed than man, and amongst men the supreme rather than the superior; yet I have here described it, because the explication of it will not only contain one great measure of our duty and conduct of conscience, but it will give the full general proportion of the father's power and the son's piety, and also very much endear the obedience and piety of children.

2. When Bias had discoursed well and wisely, that God was present in every place, he soon after argued weakly; 'If God dwells in all places, his presence makes all places holy, for it is his presence that hallows a temple, and then there can be no such thing as sacrilege; for a thief that robs a temple, cannot carry it out of a temple, but by carrying it into another.' And upon such a trick as this, some in A. Gellius did argue that we were not to obey our parents. For either they command that which is good, or that which is not good: if of itself it be good, then, for its own sake, we are to do it, not for their command; but if it be not good, then