Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/469

This page has been proofread, but needs to be validated.
Ch. 16.
of Persons.
453

his duty; firſt, of protecting his children from the ſnares of artful and deſigning perſons; and, next, of ſettling them properly in life, by preventing the ill conſequences of too early and precipitate marriages. A father has no other power over his ſons eſtate, than as his truſtee or guardian; for, though he 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 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 ariſes 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 need of aſſiſtance. Upon this principle proceed all the duties of children to their parents, which are enjoined by poſitive laws. And the

Athenian