And if the father die and fail to substitute a deputy in this trust,
if he hath not provided a tutor to govern his son during his minority,
during his want of understanding, the law takes care to do it: some
other must govern him and be a will to him till he hath attained to
a state of freedom, and his understanding be fit to take the
government of his will. But after that the father and son are
equally free, as much as tutor and pupil, after nonage, equally
subjects of the same law together, without any dominion left in the
father over the life, liberty, or estate of his son, whether they be
only in the state and under the law of Nature, or under the positive
laws of an established government.
60. But if through defects that may happen out of the ordinary
course of Nature, any one comes not to such a degree of reason wherein
he might be supposed capable of knowing the law, and so living
within the rules of it, he is never capable of being a free man, he is
never let loose to the disposure of his own will; because he knows
no bounds to it, has not understanding, its proper guide, but is
continued under the tuition and government of others all the time
his own understanding is incapable of that charge.
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