enefit of him that shall discover the offence.
And[z] if any parent, or other, shall send or convey any person beyond
sea, to enter into, or be resident in, or trained up in, any priory,
abbey, nunnery, popish university, college, or school, or house of
jesuits, or priests, or in any private popish family, in order to be
instructed, persuaded, or confirmed in the popish religion; or shall
contribute any thing towards their maintenance 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.
[Footnote u: L. of N. b. 6. c. 2. Sec. 12.]
[Footnote w: See page 414.]
[Footnote x: Stat. 1 Jac. I. c. 4. & 3 Jac. I. c. 5.]
[Footnote y: Stat. 11 & 12 W. III. c. 4.]
[Footnote z: Stat. 3 Car. I. c. 2.]
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 recompence 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[a]. But the rigor of these laws was
softened by subsequent constitutions; so that[b] 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[c].
[Footnote a: _Ff._ 28. 2. 11. _Cod._ 8. 47. 10.]
[Footnote b: _Ff._ 48. 9. 5.]
[Footnote c: _Inst._ 2. 9. 1.]
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[d]; for this is for the benefit of his education.
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