outrageoufly, fhe may fear the peace against him, and he fhall be required to find fureties for his good behaviour. The practice was undoubtedly introduced in an unpolifhed age of fociety, and it is with regret that I mention it as a part of the common law, that the husband pofleffes the barbarous power of chaftifing the wife for the peace, the fecurity, and the happiness of domeftic life, are much more dependent on the morals and the virtues of the people, than political regulations. Where refine ment and purity of manners prevail, and the fentiments of the people are not corrupted and depraved by a licentious and unreftrained intercourfe of the fexes, we may expect that tenderness and delicacy of fenfibility which alone can produce permanent happiness in the conjugal ftate: but when recourfe is had even to moderate chastisement, to preferve the balance of power, an everlafting farewell may be bid to all prospects of pleasure and felicity. In this state, I have never known the question agitated with refpect to the power of the hufband, to chaftife his wife. If fuch a queftion fhould ever be brought before a court, I hope they will difcard the favage doctrine of the common law, and decide that a husband is punishable for the unmanly act of chastifing his wife. VIII. How far the acts of the husband, or wife alone, or jointly with the wife, will bind the wife. The husband has an abfolute power of difpofing of the chattels real, and perfonal estate of the wife: but of her lands he can only difpofe of the ufe and improvement during his life, without her confent, She may join in conveying or leafing them, and the contract will be valid. If the hufband leafe the lands of the wife for a longer term than his life, and the furvive, the leafe will be good, unless the exprefs her diflent, by fome act after the death of "her husband, for if the accepts rent upon the leafe, or does any act which amounts to a confent to the leafe, it will be binding up-on her. • A married woman is capable of purchafing, for as this can be no difadvantage to the hufband, he is fuppofed to affent to it; but he may difagree and avoid the purchafe. If he neither a grees Rol. Abr. 246, 347. n Co. Lit. 45. . Ibid. 3. grees, or disagrees exprefsly, the law implies from fuch conduct, an agreement. But in cafe of an agreement, the wife may after his death, wave it, for having no will at the time of the contract, fne is not absolutely bound by it and if she does not after the death of the husband by fome act exprefs her agreement to the purchase, her heirs may depart from it. : IX. Of the crimes of the wife, where fhe alone shall be punished, and where the husband fhall be responsible for what the does in a civil action. A married woman, may be punished for any crime the commits, in the fame manner as if fhe were fingle. If it be of fuch a nature that it may be committed by her alone, without the concurrence of the husband, he may be proceeded against without him, by way of indictment, or information; for the marriage does not protect the woman in criminal cases; nor render it neceffary to join an innocent hufband in the profecution. The law fo far her husband, that favours the wife on account of her fubjection to Dd 2 Hal. p. c. 65. Hawk p. c. 2. 9 3 Ins. 108. Hal p. c. 65. 320. › Hawk,p. c. 93. f Hal. p. c. 65. Hawk. p. c. 13. Lev. 247. CHILDREN CHAPTER SIXTH. OF PARENT AND CHILD. DREN are of two kinds, legitimate and illegitimate, or fpurious. Legitimate are those which are born within the pale of matrimony. The law is fo indulgent to the frailties of humanity, that children fhall not be deemed illegitimate, if the parents will marry at any time before their birth, and therefore their being begotten out of lawful wedlock, is not the criterion, by which illegitimacy is determined, but the intermarriage of the parents fubfequent to the birth of a child, will not render fuch child legitimate. Illegitimate children, commonly called baftards, are fuch as are born as well as begotten out the state of lawful wedlock. I fhall treat of each kind of children, and, I. Of the reciprocal rights and duties, fubfifting between parents and children, who are legitimate.-The duties of parents confift in affording their children maintenance, protection and education. Thefe duties are all founded in nature, and result from that ardent affection towards their offspring, which is implanted. in the bofom of parents. The dtuy of maintenance, confifts in making provifion of neceffaries for the fupport of children, and is in cumbent on all parents who poffefs a fufficiency of eftate, during the infancy or nonage of their children. Parents are not bound to provide for their children after they become of full age, in cafe they are able to provide for themselves, but if they are not, then the ftatute has pointed out their duty," which enacts, that when it shall happen, that any perfon, or perfons, fhall be naturally wanting of underflanding, fo as to be incapable to provide for themfelves, or by the providence of God, fhall fall into distraction, and become non compos mentis, or fhall by age, fickness, or otherwife become poor and impotent, and unable to provide for themfelves, and have no eftate, with which they can be fupported and inaintained, then they fhall be taken care of and fupported by fuch relations as stand in the line or degree of father and mother, grandfather and grand-mother, children and grand-chidren, i they Statutcs. are are of fufficient ability, which is to be done by order of the county court, where fuch perfons are, upon application of the felectmen of the town, or any one or more of fuch relations. The duty of protection, is founded in the nature of the connexion between parent and child, and is enforced by the strongest principles. The parent is the natural guardian of the child and may aid, affift, and uphold him in lawfuits, without being guilty of maintenance, he may justify an affault and battery, in defence of his children, and fo indulgent has the law been to parental affection, that where a man's fon was beaten by another boy, and the father to revenge the quarrel of the fon, went near a mile and beat the other boy fo much that he died, this was called manflaughter enly, and not murder, The duty of parents to furnish their children with proper edu cation is left by our law, very much to their own confciences.→→ Education is undoubtedly an object of the higheft confequence to c vil fociety, but it is better generally to leave it to the natural bent of the human mind, for all political regulations will tend to limit and fhackle the exertions of genius, and prevent that gradual improvement to which the intellectual faculties are always progreffing. The legislature therefore have left the higher branches of education to the difcretion of the people, and have only made provifion for a fufficient degree of learning to prevent their finking into barbarity, and to lay the foundation for more important improvements. The law requires, that all parents and mafters of chidren, fhall by themselves or others, teach and inftruct all chil dren under their care and government, according to their ability, to read the English tongue well, and to know the law againft capital offences, and if unable to do this, to learn them the fir principles of religion. It is the duty of all parents and maiters, to employ their children and apprentices in labour, fo as to prevent their living in idlenes, and all children are to be brought up in fome honeft and lawful calling, and employment. The power of parents over their children, is calculated to en able able them to perform their duty and keep their childen in obedience and subjection. The parent may reftrain and controul the actions of his children, and may correct and chastise them while under age, in a reasonable and moderate manner. The confent of parents must be obtained by minors to their marriage. The father has no power over the estate of the child, only as guardian and trustee. He may receive the profits, during the minority of the child, but muft account for them when he arrives of fall age. The parent is entitled to the benefit of the labour of the child' during minority. The period when children arrive to full age, are capable of acting for themfelves, and are liberated from the go. vernment of their parents, is at the age of twenty-one years, being the fame, both for males and females. The duties of children to parents, are obedience and subjection during their minority, and honor, reverence, and respect during their lives. As they depended on the affistance and protection of their parents, during the feeble and defenceless period of infancy, fo when their parents are reduced to a state of infirmity, by old age, it becomes the duty of children to yield the fame affistance and protection. The ftatute law has therefore impofed upon children the fame obligation to fupport their parents when reduced to want, as upon parents to fupport their children, under like circumftances; but fons by marriage are not liable to contribute to the fupport of the parents of their wives. By the Roman law, parents had much greater power over their children, than by our law. By a law in the twelve tables, fathers had the power of life and death over their children, and might fell them. This law however was moderated in the progrefs of improvement: but still the parental power was very extensive. The children could acquire no property only for the benefit of their parents, and they were liberated from paternal government only by the death of their parents. The paternal authority, extended even to grand-children, and a fyftem of domestic defpotifm feems to have been eftablished by law, repugnant to the happiness and deftructive of the rights of mankind. II. Of illegitimate children, or baftards, and we fhall con w Justinian's Institutes, I. i. tit. 9. x Cod. 8. tit. 47. fider |