Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/462

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446
The Rights
Book 1.

Chapter the sixteenth.

Of PARENT and CHILD.


THE next, and the moſt univerſal relation in nature, is immediately derived from the preceding, being that between parent and child.

Children are of two ſorts; legitimate, and ſpurious, or baſtards: each of which we ſhall conſider in their order; and firſt of legitimate children.

I. A legitimate child is he that is born in lawful wedlock, or within a competent time afterwards. "Pater eſt quem nuptiae demonſtrant," is the rule of the civil law[1]; and this holds with the civilians, whether the nuptials happen before, or after, the birth of the child. With us in England the rule is narrowed, for the nuptials muſt be precedent to the birth; of which more will be ſaid when we come to conſider the caſe of baſtardy. At preſent let us enquire into, 1. The legal duties of parents to their legitimate children. 2. Their power over them. 3. The duties of ſuch children to their parents.

1. And, firſt, the duties of parents to legitimate children: which principally conſiſt in three particulars; their maintenance, their protection, and their education.

  1. Ff. 2. 4. 5.
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