and the woman, as that the right can be determined without War.  In Common-wealths, this controversie is decided by the Civill Law:  and for the most part, (but not alwayes) the sentence is in favour of the Father; because for the most part Common-wealths have been erected by the Fathers, not by the Mothers of families.  But the question lyeth now in the state of meer Nature; where there are supposed no lawes of Matrimony; no lawes for the Education of Children; but the Law of Nature, and the naturall inclination of the Sexes, one to another, and to their children.  In this condition of meer 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.

Or Education; If there be no Contract, the Dominion is in the Mother.  For in the condition of Meer Nature, where there are no Matrimoniall lawes, it cannot be known who is the Father, unlesse 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.

Or Precedent Subjection Of One Of The Parents To The Other If the Mother be the Fathers subject, the Child, is in the Fathers power:  and if the Father be the Mothers subject, (as when a Soveraign Queen marrieth one of her subjects,) the Child is subject to the Mother; because the Father also is her subject.

If a man and a woman, Monarches of two severall Kingdomes, have a Child, and contract concerning who shall have the Dominion of him, the Right of the Dominion passeth by the Contract.  If they contract not, the Dominion followeth the Dominion of the place of his residence.  For the Soveraign of each Country hath Dominion over all that reside therein.

He that hath the Dominion over the Child, hath Dominion also over their Childrens Children.  For he that hath Dominion over the person of a man, hath Dominion over all that is his; without which, Dominion were but a Title, without the effect.

The Right Of Succession Followeth The Rules Of The
Rights Of Possession
The Right of Succession to Paternall dominion, proceedeth in
the same manner, as doth the Right of Succession to Monarchy;
of which I have already sufficiently spoken in the precedent chapter.