when abroad by any pretext whatever, the perſon both ſending and ſent ſhall be diſabled to ſue in law or equity, or to be executor or adminiſtrator to any perſon, or to enjoy any legacy or deed of gift, or to bear any office in the realm, and ſhall forfeit all his goods and chattels, and likewiſe all his real eſtate for life.
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 recompenſe for his care and trouble in the faithful diſcharge of it. And upon this ſcore the municipal laws of ſome nations have given a much larger authority to the parents, than others. The antient Roman laws gave the father a power of life and death over his children; upon this principle, that he who gave had alſo the power of taking away[1]. But the rigor of theſe laws was ſoftened by ſubſequent conſtitutions; ſo that[2] we find a father baniſhed by the emperor Hadrian for killing his ſon, though he had committed a very heinous crime, upon this maxim, that "patria poteſtas in pietate debet, non in atrocitate, conſiſtere." But ſtill they maintained to the laſt a very large and abſolute authority: for a ſon could not acquire any property of his own during the life of his father; but all his acquiſitions belonged to the father, or at leaſt the profits of them for his life[3].
The power of a parent by our Engliſh laws is much more moderate; but ſtill ſufficient to keep the child in order and obedience. He may lawfully correct his child, being under age, in a reaſonable manner[4]; 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 antient law to be obtained: but now it is abſolutely neceſſary; for without it the contract is void[5]. And this alſo is another means, which the law has put into the parent's hands, in order the better to diſcharge
