the father went near a mile to find him, and there revenged his son's
quarrel by beating the other boy, of which beating he afterwards died;
it was not held to be murder, but manslaughter merely[t]. Such
indulgence does the law shew to the frailty of human nature, and the
workings of parental affection.
[Footnote r: 2 Inst. 564.]
[Footnote s: 1 Hawk. P.C. 131.]
[Footnote t: Cro. Jac. 296. 1 Hawk. P.C. 83.]
THE last duty of parents to their children is that of giving them an
_education_ suitable to their station in life: a duty pointed out by
reason, and of far the greatest importance of any. For, as Puffendorf
very well observes[u], it is not easy to imagine or allow, that a
parent has conferred any considerable benefit upon his child, by
bringing him into the world; if he afterwards entirely neglects his
culture and education, and suffers him to grow up like a mere beast,
to lead a life useless to others, and shameful to himself. Yet the
municipal laws of most countries seem to be defective in this point,
by not constraining the parent to bestow a proper education upon his
children. Perhaps they thought it punishment enough to leave the
parent, who neglects the instruction of his family, to labour under
those griefs and inconveniences, which his family, so uninstructed,
will be sure to bring upon him. Our laws, though their defects in this
particular cannot be denied, have in one instance made a wise
provision for breeding up the rising generation; since the poor and
laborious part of the community, when past the age of nurture, are
taken out of the hands of their parents, by the statutes for
apprenticing poor children[w]; and are placed out by the public in
such a manner, as may render their abilities, in their several
stations, of the greatest advantage to the commonwealth. The rich
indeed are left at their own option, whether they will breed up their
children to be ornaments or disgraces to their family. Yet in one
case, that of religion, they are under peculiar restrictions: for[x]
it is provided, that if any person sends any child under his
government beyond the seas, either to prevent it's good education in
England, or in order to enter into or reside in any popish college, or
to be instructed, persuaded, or strengthened in the popish religion;
in such case, besides the disabilities incurred by the child so sent,
the parent or person sending shall forfeit 100_l._ which[y] shall go
to the sole use and b
|