Liber II, Pars II — Quod regimen paternale sumit originem ex amore; et quod non eodem regimine regendi sunt filii, quo regendi sunt servi. Cap. III.
Liber II, Pars II — Quod regimen paternale sumit originem ex amore; et quod non eodem regimine regendi sunt filii, quo regendi sunt servi. Cap. III.
Since we have discussed the governance of marriage, we must now address paternal governance: we need to see where paternal authority originates and how it should govern children. Therefore, it must be understood that there are three types of governance. For every ruler governs others, either according to certain laws or according to specific agreements. And such governance (as was mentioned earlier) is called political or civil. Or it governs them according to discretion. This can happen in two ways: either the ruler intends their own good, and thus it is called despotic or dominative governance; or they intend the good of their subjects, and such governance is called regal. These three forms of governance, as we see some ruling in cities and camps, are analogous to the three types of governance found within a single household. For the governance of marriage is likened to political governance: because a husband (as was mentioned earlier) should not simply rule over his wife at his discretion, but should govern her according to the requirements of marital law, and preferably through legitimate and honorable agreements that exist between husband and wife. The paternal rule, however, is similar to the royal rule. For a father governs his children by his own discretion, not according to agreements and contracts. For agreements and contracts do not intervene between a subordinate and a superior, unless the subordinate has the power to choose a leader for himself; however, it is not in the power of children to choose a father if they proceed from their parents by natural origin. For children do not choose their fathers in the same way that wives choose their husbands. Therefore, since the rule of children is by discretion and for the good of the children themselves, such a rule is not similar to the political rule, but to the royal one. Hence, the Philosopher says. The Politician states that a man should govern a woman and children as if they were his own. Therefore, while the governance of children is by discretion and for their own good, such governance is not similar to the political rule, but rather to the royal one. The third kind of rule, which exists in the household or the rule by which the family and others are governed, is similar to a dominative rule. Therefore, since these things have been shown, it is clear that what was proposed at the beginning of the chapter is true. For if a father ought to rule his children in a regal manner and for their good, since to love someone is the same as wanting good for them, a father must rule his children for their advancement and because he desires their good. It is therefore evident that such a rule takes its origin from love. From this, it is clearly shown that children should not be governed in the same way as servants are governed. For a master rules over servants for his own benefit, not for the good of the servants. This is indeed according to the philosopher, who states that some rule dominatively, not intending the good of those under them, but their own; however, a father ought to rule his children for the good of his children. From this very distinction of rules, it is clear that paternal rule is not the same as dominative rule, but takes its origin from love; thus, it becomes more evident what is said, that we can pursue, through two ways, that paternal rule draws its origin from love. The first way is derived from the natural order. The second comes from the very perfection of the father. The first way is thus clear. For according to the Philosopher, nature has given a generative force to things so that those which cannot perpetuate themselves may be perpetuated in their like. Therefore, if paternal rule takes its origin from this, because the son is naturally a certain likeness proceeding from the father, and since according to nature there is a love for such likenesses, we can argue from the very natural order that paternal rule is founded in love and arises from love. Just as there is a natural impulse in humans to produce something similar to themselves and to procreate children, so there is a natural impulse in them to love those children, and consequently to govern and rule them, and to have concern for them. Therefore, there is a natural order here, that the kingdom and paternal concern should take their origin from love. The second way to investigate this same matter is derived from the very perfection of the father. For everything perfect is, according to the Philosopher, when it can generate something similar to itself. Therefore, since everyone loves their own perfection, the father naturally loves the son, since the son is properly a witness to his perfection. Since, therefore, the father has a natural love for the son, he is moved by this love to govern and guide him; which would not be the case if paternal governance did not arise from love. It is clear that since paternal governance arises from love, it follows that a father must care for his children for their own good. Therefore, children should not be governed in the same way as servants, because who presides over servants does so for their own benefit. If, therefore, it happens that someone treats children as if they were servants, this is due to the imperfection of the household. So that, because perhaps he is so poor that he cannot have the resources of servants. Hence, the Philosopher says. He says. He says that the poor must use women and children as if they were servants.
Read the original Latin
Quia post tractatum de regimime coniugis, determinandum est de regimine paternali: videndum est, unde sumit originem regimen paternum, et quo regimen regendi sunt filii. Sciendum ergo triplex esse regine. Nam omnis regens alios, vel regit eos secundum certas leges, et secundum certa pacta. et tale regimen (ut superius dicebatur) nominatur politicum vel civile. Vel regit eos secundum arbitrium. et hoc potest esse dupliciter: quia vel sic regens intendit bonum proprium, et sic dicitur regimen despoticum vel dominativum: vel intendit bonum subditorum, et tale regimen dicitur regale. His autem tribus regiminibus, secundum quod videmus aliquos regnare in civitatibus et castris, assimilantur tria regimina reperta in una domo. Nam regnum coniugale assimilatur regimini politico: quia uxori (ut in praehabitis tangebatur) non quis debet praesse simpliciter ex arbitrio, sed ei praeesse debet ut requirunt leges matrimonii, et ut potius per pacta debita et honesta, quae interveniunt inter virum et uxorem.
regimen vero paternale assimilatur regimini regali. Nam filiis praeest pater ex arbitrio, non secundum conventiones et pacta. Nam pacta et conventiones non interveniunt inter subditum et praeminentem, nisi sit in potestate subiecti eligere sibi rectorem: non est autem in potestate filiorum eligere sibi patrem, si ex naturali origine filii procederent a parentibus. Non enim sic filii eligunt sibi patres, ut uxores viros. Quare cum regimen filiorum sit ex arbitrio, et sit propter bonum ipsorum filiorum; huiusmodi regimen non assimilatur regimini politico, sed regali. Unde et Philosophus I. Politicorum ait, virum praeesse mulieri, et natis tanquam liberis. non tamen eodem modo principandi: sed mulieri quidem politice, natis autem regaliter.
Tertium autem regimen quod est in domo, vel regimen quo regitur familia caetera, assimilatur regimini dominativo. His ergo sic ostensis, manifeste apparent vera esse quae in principio capituli proponebantur. Nam si pater debet praeesse filiis regaliter et propter bonum ipsorum: cum amare aliquod, idem sit quod velle ei bonum, pater debet praeesse filiis propter profectus ipsorum, et quia vult eorum bonum. constat ergo quod huiusmodi regime sumit originem ex amore. Ex oc ergo manifeste ostenditur, quod non eodem regimine debent regi filii, quo regendi sunt serui. Nam dominus praeest servis propter bonum proprium, non propter bonum servorum. hoc est enim secundum Philosophum paeesse aliquibus dominative, non intendere bonum ipsorum, sed proprium: pater tamen debet praeesse filiis propter bonum ipsorum filiorum. Ex ipsa ergo distinctione regiminum: patet, paternale regimen non esse idem quod dominativum, sed sumit originem ex amore tamen, ut manifestius appareat quod dicitur, possumus duplici via venare, paternale regimen trahere originem ex amore.
Prima via sumitur ex ordine naturali. Secunda ex ipsa perfectione patris. Prima via sic patet. Nam secundum Philosophum ideo natura dedit vim generativam rebus, ut quae non possunt perpetuari in seipsis, perpetuantur in suo simili. Quare si regimen paternum ex hoc sumit originem, quia filius naturaliter est quaedam similitudo procedens a patre: cum secundum naturam ad huiusmodi similia sit dilectio, ex ipso ordine naturali arguere possumus, paternum regimen in amore fundari, et ex amore oriri. Sicut enim est in hominibus naturalis impetus ad producendum sibi simile, et ad filios procreandum: sic est in eis naturalis impetus ad eos diligendum, et per conseques ad eos gubernandum et regendum, et ad habendum solicitudinem circa ipsos. Est ergo hic naturalis ordo, quod regnum, et solicitudo paterna sumat originem ex amore. Secunda via ad investigandum hoc idem, sumitur ex ipsa perfectione patris.
Nam unumquodque perfectum est secundum Philosophum, quando potest sibi simile generare. Quare cum quilibet suam perfectionem diligat, naturaliter, pater diligit filium, cum proprie filius sit quidam testis perfectionis eius. Quia ergo pater naturalem amorem habet ad filium, ex huiusmodi amore solicitatur, ut ipsum regat et gubernet: quod non esset, nisi paternum regimen ex amore nasceretur. Viso, quod paternum regimen ex amore nascitur, patet quod filiis debet paeesse pater propter bonum filiorum. Non ergo regendi sunt filii eodem regimine, quo servi: quia servis (secundum quod huiusmodi) quis praeest propter bonum proprium. Si ergo contingat aliquem uti filiis tanquam servis, hoc est ex imperfectione domus. ut quia forte sic pauper est, quod servorum copiam habere non potest. Unde et Philosophus 6.
Polit. ait, quod egenis necesse est uti mulieribus et filiis, tanquam servis.
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