But whilst he is in an estate, wherein he
has not understanding of his own to direct his will, he is
not to have any will of his own to follow: he that
understands for him, must will for him too; he must prescribe
to his will, and regulate his actions; but when he comes to the
estate that made his father a freeman, the son is a freeman
too.
Sec. 59. This holds in all the laws a man is under, whether
natural or civil. Is a man under the law of nature? What made
him free of that law? what gave him a free disposing of his
property, according to his own will, within the compass of that
law? I answer, a state of maturity wherein he might be supposed
capable to know that law, that so he might keep his actions
within the bounds of it. When he has acquired that state, he is
presumed to know how far that law is to be his guide, and how far
he may make use of his freedom, and so comes to have it; till
then, some body else must guide him, who is presumed to know how
far the law allows a liberty. If such a state of reason, such an
age of discretion made him free, the same shall make his son
free too. Is a man under the law of England? What made him
free of that law? that is, to have the liberty to dispose of his
actions and possessions according to his own will, within the
permission of that law? A capacity of knowing that law; which is
supposed by that law, at the age of one and twenty years, and in
some cases sooner.
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