Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/463

 Ch. 16. duty of parents to provide for the maintenance of their children is a principle of natural law; an obligation, ays Puffendorf, laid on them not only by nature herelf, but by their own proper act, in bringing them into the world: for they would be in the highet manner injurious to their iue, if they only gave the children life, that they might afterwards ee them perih. By begetting them therefore, they have entered into a voluntary obligation, to endeavour, as far as in them lies, that the life which they have betowed hall be upported and preerved. And thus the children will have a perfect right of receiving maintenance from their parents. And the preident Montequieu has a very jut obervation upon this head: that the etablihment of marriage in all civilized tates is built on this natural obligation of the father to provide for his children; for that acertains and makes known the peron who is bound to fulfil this obligation; whereas, in promicuous and illicit conjunctions, the father is unknown; and the mother finds a thouand obtacles in her way; — hame, remore, the contraint of her ex, and the rigor of laws; — that tifle her inclinations to perform this duty: and beides, he generally wants ability.

municipal laws of all well-regulated tates have taken care to enforce this duty: though providence has done it more effectually than any laws, by implanting in the breat of every parent that natural, or inuperable degree of affection, which not even the deformity of peron or mind, not even the wickednes, ingratitude, and rebellion of children, can totally uppres or extinguih.

civil law obliges the parent to provide maintenance for his child; and, if he refues, "judex de ea re cognocet." Nay, it carries this matter o far, that it will not uffer a parent at his death totally to diinherit his child, without exprely giving his Rh