Template:Ancient PATERNAL POWER: Difference between revisions
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PATERNAL POWER. Patria [[potestas]], The, authority lawfully exercised by parents, over their children. It will be proper to consider, | PATERNAL POWER. Patria [[potestas]], The, authority lawfully exercised by parents, over their children. It will be proper to consider, | ||
: 1. Who | '': 1. Who is entitled to exercise this power? | ||
: 2. Who are subject to it | : 2. Who are subject to it? | ||
: 3. What is the extent of this power?'' | |||
<blockquote> | |||
2. - 1. As a general rule the father is entitled to exert the paternal power over his children. But for certain reasons, when the father acts improperly, and against the interest of those over whom nature and the law have given him authority, he loses his power over them. It being a rule that whenever the good of the child requires it, the courts will deliver the custody of the children to others than the father. And numerous instances may be found where, for good reasons, the custody will be given to the mother. | 2. - 1. As a general rule the father is entitled to exert the paternal power over his children. But for certain reasons, when the father acts improperly, and against the interest of those over whom nature and the law have given him authority, he loses his power over them. It being a rule that whenever the good of the child requires it, the courts will deliver the custody of the children to others than the father. And numerous instances may be found where, for good reasons, the custody will be given to the mother. | ||
3. The father of a bastard child has no control over him; the mother has the right to the custody and control of such child. 2 Mass. 109; 12 Mass. 887. | 3. The father of a bastard child has no control over him; the mother has the right to the custody and control of such child. 2 Mass. 109; 12 Mass. 887. | ||
4. - 2. All | 4. - 2. All persons are subject to this power until they arrive at the full age of twenty-one years. A father may, however, to, a certain extent, deprive himself of this unlimited paternal power, first, by delegating it to others, as when he binds his son an apprentice; and, secondly, when he abandons his children, and permits them to act for themselves. 2 Verm. Cas. 290; 2 Watts, 408 4 S. & R. 207; 4 Mass. 675. | ||
5. - 3. The principle upon which the law is, founded as to the extent of paternal power is, that it be exerted for the benefit of the child. The child is subject to the lawful commands of the father to attend to his business, because by being so subjected he acquires that discipline and the practice of attending to business, which will be useful to him in after life. He is liable to proper correction for the same reason. 1 Bouv. Inst. n. 326-33. See Correction; Father; Mother; Parent. | 5. - 3. The principle upon which the law is, founded as to the extent of paternal power is, that it be exerted for the benefit of the child. The child is subject to the lawful commands of the father to attend to his business, because by being so subjected he acquires that discipline and the practice of attending to business, which will be useful to him in after life. He is liable to proper correction for the same reason. 1 Bouv. Inst. n. 326-33. See Correction; Father; Mother; Parent. | ||
</blockquote> | |||
[[#Parents have a prior right|Parents may have a prior right]] but they may lose access to those rights through the creation of binding obligations. | |||
Even the United Nations' [[UNIVERSAL DECLARATION OF HUMAN RIGHTS]] Article 26 speaks of a "Parents have a prior right" concerning their children. | Even the United Nations' [[UNIVERSAL DECLARATION OF HUMAN RIGHTS]] Article 26 speaks of a "Parents have a prior right" concerning their children. | ||
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If people were independent of government [[benefits]] provided through men who exercise authority they might have a legitimate claim on prior rights and liberties granted by God but if they have eaten at the table of rulers they are likely [[snare]]d. | If people were independent of government [[benefits]] provided through men who exercise authority they might have a legitimate claim on prior rights and liberties granted by God but if they have eaten at the table of rulers they are likely [[snare]]d. | ||
Reason<Ref>“Reason is the soul of the law, and when the reason of any particular law ceases, so does the law itself.” Cassante ratione legis cessat, et ipsa lex.4 Coke, 38; 7 id. 69; Coke, Litt. 70 b. 122 a; Broom, Max. 3d Lond. ed. 151, 152; 4 Rep. 38; 13 East, 348; 4 Bingh. n.c. 388.</Ref> should tell them that the table of the Lord which is not set by "fealty, force, and fear but by [[faith]], [[hope]], and [[charity]]. This is why Jesus [[commanded]] that His [[disciples]] "make the people" organize themselves in | Reason<Ref>“Reason is the soul of the law, and when the reason of any particular law ceases, so does the law itself.” Cassante ratione legis cessat, et ipsa lex.4 Coke, 38; 7 id. 69; Coke, Litt. 70 b. 122 a; Broom, Max. 3d Lond. ed. 151, 152; 4 Rep. 38; 13 East, 348; 4 Bingh. n.c. 388.</Ref> should tell them that the table of the Lord which is not set by "fealty, force, and fear but by [[faith]], [[hope]], and [[charity]]. This is why Jesus [[commanded]] that His [[disciples]] "make the people" organize themselves in companies of [[Tens]]. | ||
While your right to educate your children may be ''prior'' in nature, do you still have that right? | While your right to educate your children may be ''prior'' in nature, do you still have that right? | ||
Revision as of 08:26, 5 February 2020
Ancient PATERNAL POWER
Bouvier's Law Dictionary 1856 Edition
PATERNAL POWER. Patria potestas, The, authority lawfully exercised by parents, over their children. It will be proper to consider, : 1. Who is entitled to exercise this power?
- 2. Who are subject to it?
- 3. What is the extent of this power?
2. - 1. As a general rule the father is entitled to exert the paternal power over his children. But for certain reasons, when the father acts improperly, and against the interest of those over whom nature and the law have given him authority, he loses his power over them. It being a rule that whenever the good of the child requires it, the courts will deliver the custody of the children to others than the father. And numerous instances may be found where, for good reasons, the custody will be given to the mother.
3. The father of a bastard child has no control over him; the mother has the right to the custody and control of such child. 2 Mass. 109; 12 Mass. 887.
4. - 2. All persons are subject to this power until they arrive at the full age of twenty-one years. A father may, however, to, a certain extent, deprive himself of this unlimited paternal power, first, by delegating it to others, as when he binds his son an apprentice; and, secondly, when he abandons his children, and permits them to act for themselves. 2 Verm. Cas. 290; 2 Watts, 408 4 S. & R. 207; 4 Mass. 675.
5. - 3. The principle upon which the law is, founded as to the extent of paternal power is, that it be exerted for the benefit of the child. The child is subject to the lawful commands of the father to attend to his business, because by being so subjected he acquires that discipline and the practice of attending to business, which will be useful to him in after life. He is liable to proper correction for the same reason. 1 Bouv. Inst. n. 326-33. See Correction; Father; Mother; Parent.
Parents may have a prior right but they may lose access to those rights through the creation of binding obligations.
Even the United Nations' UNIVERSAL DECLARATION OF HUMAN RIGHTS Article 26 speaks of a "Parents have a prior right" concerning their children.
A child does not own its parents but the parent has a natural right to the child. The parent in nature gives life to the child, rears and protects it compounding the obligation of the Child to the parent. The command by God to honor your parents was the command to "fatten" care for and provide for the parents who gave you life so that your own days would be long upon the land.
The state has often competed for this power of the natural Father to its own benefit and obtains that right by offering "tutor" or gifts, gratuities and benefits to the parents as the custodial parent on behalf of the state.
We see that when the duties of the patria potestas is vested in a ruling class who is elected by the voice of the people, as we see the people of Israel who were warned in 1 Samuel 8, that a loss of parental right would result. The State could reverse that natural right which would become a legal privilege granted and regulated by the State.
The warning in 1 Samuel 8 was if the people established or created a government where there is a ruling authority that ruling power will take your sons and daughter and much much more. The process used by the State from Cain to Nimrod, the Pharaoh to Caesar to obtain the natural patria potestas was the offer of protection along with gifts gratuities and benefits. Once the State obtains that power it is said to be the father of the people.
"fundamental liberties and equal protection"
Rights always have a correlative obligation or duty.
The UDHR makes mention that all... all nations ... shall strive ... by progressive measures... to secure their universal and effective ... observance.... among the peoples of territories under their jurisdiction.
That is to say, "Member States" will secure the obedience of all peoples and nations effectively submitted under their jurisdiction through progressive socialism.
Another way of saying the same thing is by offering people equal protection from want of education or "life, liberty, and security of person"[1] or "right to social security"[2] etc..
Progressive socialists have always offered the people social security, free bread, free education, and freedom from the responsibilities of providing these things through personal sacrifice and charity. While they offered the slothful and greedy liberty from the requirements of a free society their schemes public welfare like Corban would deliver all peoples and the nations into the bondage making them a surety for debt.
The prophecies of 2 Peter 2:19-22 would be fulfilled as the people were again entangled in the elements of the world and returned to the mire.
And they do all this through the covetous practices of socialism.[3]
If people were independent of government benefits provided through men who exercise authority they might have a legitimate claim on prior rights and liberties granted by God but if they have eaten at the table of rulers they are likely snared. Reason[4] should tell them that the table of the Lord which is not set by "fealty, force, and fear but by faith, hope, and charity. This is why Jesus commanded that His disciples "make the people" organize themselves in companies of Tens.
While your right to educate your children may be prior in nature, do you still have that right?
Are your children still "Your Children" or surety for debt?
Or have you cursed your children through your Covetous Practices?
Do your children have another Father now?
Whom do you pray to for your daily bread, your daily ministration?
Call no man Father
What was Christ trying to tell us about fathers on the earth?
http://www.hisholychurch.org/sermon/fatherabba.php
- ↑ Article 3. Everyone has the right to life, liberty, and security of person.
- ↑ Article 22. Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.
- ↑ [2 Peter 2]:3 "And through covetousness shall they with feigned words make merchandise of you: whose judgment now of a long time lingereth not, and their damnation slumbereth not."
- ↑ “Reason is the soul of the law, and when the reason of any particular law ceases, so does the law itself.” Cassante ratione legis cessat, et ipsa lex.4 Coke, 38; 7 id. 69; Coke, Litt. 70 b. 122 a; Broom, Max. 3d Lond. ed. 151, 152; 4 Rep. 38; 13 East, 348; 4 Bingh. n.c. 388.