Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/466

 450 dipoal, upon a principle of liberty in this, as well as every other, action: though perhaps it had not been amis, if the parent had been bound to leave them at the leat a neceary ubitence. By the cutom of London indeed, (which was formerly univeral throughout the kingdom) the children of freemen are entitled to one third of their father's effects, to be equally divided among them; of which he cannot deprive them. And, among perons of any rank or fortune, a competence is generally provided for younger children, and the bulk of the etate ettled upon the eldet, by the marriage-articles. Heirs alo, and children, are favourites of our courts of jutice, and cannot be diinherited by any dubious or ambiguous words; there being required the utmot certainty of the tetator's intentions to take away the right of an heir.

the duty of maintenance we may eaily pas to that of protection; which is alo a natural duty, but rather permitted than enjoined by any municipal laws: nature, in this repect, working o trongly as to need rather a check than a pur. A parent may, by our laws, maintain and uphold his children in their law-uits, without being guilty of the legal crime of maintaining quarrels. A parent may alo jutify an aault and battery in defence of the perons of his children : nay, where a man's on was beaten by another boy, and the father went near a mile to find him, and there revenged his on's quarrel by beating the other boy, of which beating he afterwards unfortunately died; it was not held to be murder, but manlaughter merely. Such indulgence does the law hew to the frailty of human nature, and the workings of parental affection.

lat duty of parents to their children is that of giving them an education uitable to their tation in life: a duty pointed out by reaon, and of far the greatet importance of any. For, as Puffendorf very well oberves, it is not eay to imagine or Rh