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which he would do, if by forcibly marrying a woman, he could prevent her from being a witness, who is perhaps the only witness, to that very fact. In the civil law the husband and the wife are considered as two distinct persons; and may have separate estates, contracts, debts, and injuries : and therefore, in our ecclesiastical courts, a woman may sue and be sued without her husband.

But, though our law in general considers man and wife as one person, yet there are some instances in which she is separately considered; as inferior to him, and acting by his compulsion. And therefore all deeds executed, and acts done, by her, during her coverture, are void; except it be a fine, or the like matter of record, in which case she must be solely and secretly examined, to learn if her act be voluntary. She cannot by will devise lands to her husband, unless under special circumstances; for at the time of making it she is supposed to be under his coercion. And in some felonies, and other inferior crimes, committed by her, through constraint of her husband, the law excuses her; but this extends not to treason or murder.

These are the chief legal effects of marriage during the coverture; upon which we may observe, that even the disabilities, which the wife lies under, are, for the most part, intended for her protection and benefit. So great a favourite is the female sex of the laws of England.

CHAPTER XVI.

OF PARENT AND CHILD.

THE next, and the most universal relation in nature, is immediately derived from the preceding, being that between parent and child.

Children are of two sorts; legitimate, or illegitimate.

I. A legitimate child is he that is born in lawful wedlock, or within a competent time afterwards. Let us inquire into, 1. The legal duties of parents to their legitimate children. 2. Their power over them. 3. The duties of such children to their parents.

1. And, first, the duties of parents, to legitimate children: which principally consist in three particulars; their maintenance, their protection, and their education.

The duty of parents to provide for the maintenance of their children, is a principle of natural law.

Let us next see what provision our own laws have made for this natural duty. It is a principle of law, that there is an obligation on every man to provide for those descended from his loins; and the manner, in which this obligation shall be performed, is thus pointed out, by various statutes. The father, and mother, grandfather, and grandmother of poor impotent persons, shall maintain them at their own charges, if of sufficient ability,

according as the quarter session shall direct: and if a parent runs away, and leaves his children, the churchwardens and overseers of the parish shall seize his rents, goods, and chattels, and dispose of them toward their relief. By the interpretations which the courts of law have made upon these statutes, if a mother or grandmother marries again, and was before such second marriage of sufficient ability to keep the child, the husband shall be charged to maintain it: for this being a debt of hers, when single, shall, like others, extend to charge the husband. But at her death, the relation being dissolved, the husband is under no farther obligation.

No person is, however, bound to provide a maintenance for his issue, unless where the children are impotent and unable to work, either through infancy, disease, or accident; and then is only obliged to find them with necessaries, the penalty on refusal being no more than 20s. a month.

Our law has made no provision to prevent the disinheriting of children by will: leaving every man's property in his own disposal, upon a principle of liberty in this, as well as every other, action. Heirs, however, and children, are favourites of our courts of justice, and cannot be disinherited by any dubious or ambiguous words; there being required the utmost certainty of the testator's intentions to take away the right of an heir.

From the duty of maintenance we may easily

pass to that of protection; which is also a natural duty, but rather permitted than enjoyed by any municipal laws: nature, in this respect, working so strongly as to need rather a check than a spur. A parent may, by our laws, maintain and uphold his children in their lawsuits, without being guilty of the legal crime of maintaining quarrels. A parent may also justify an assault and battery in defence of the persons of his children.

The last duty of parents to their children is that of giving them an education suitable to their station in life a duty pointed out by reason, and of far the greatest importance of any.

2. The power of parents over their children is derived from the former consideration, their duty': this authority being given them, partly to enable the parent more effectually to perform his duty, and partly as a recompence for his care and trouble in the faithful discharge of it. He may lawfully correct his child, being under age, in a reasonable manner; for this is for the benefit of his education. The consent or concurrence of the parent to the marriage of his child under age, was also directed by our ancient law to be obtained: but now it is absolutely necessary for without it the contract is void. A father has no more power over a son's estate, than as his trustee or guardian; for, though may receive the profits during the child's minority, yet he must account for them when he comes of age. He may indeed have the benefit of his children's labour while they live with him, and

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are maintained by him: but this is no more than he is entitled to from his apprentices or servants. The legal power of a father (for a mother, as such, is entitled to no power, but only to reverence and respect) the power of a father, I say, over the persons of his children ceases at the age of twenty-one; for they are then enfranchised by arriving at years of discretion, or that point which the law has established (as some must necessarily be established) when the empire of the father, or other guardian, gives place to the empire of reason. Yet, till that age arrives, this empire of the father continues even after his death; for he may, by his will, appoint a guardian to his children. He may also delegate part of his parental authority, during his life, to the tutor or schoolmaster, of his child; who is then in loco parentis, and has such a portion of the power of the parent committed to his charge, viz. that of restraint and correction, as may be necessary to answer the purposes for which he is employed.

3. The duties of children to their parents arise from a principle of natural justice and retribution. For to those who gave us existence, we naturally owe subjection and obedience during our minority, and honour and reverence ever after; they, who protected the weakness of our infancy, are entitled to our protection in the infirmity of their age; they who, by sustenance and education, have enabled their offspring to prosper, ought in return to be supported by that offspring, in case they stand in

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