The consent
or concurrence of the parent to the marriage of his child under age,
was also _directed_ by our antient law to be obtained: but now it is
absolutely _necessary_; for without it the contract is void[e]. And
this also is another means, which the law has put into the parent's
hands, in order the better to discharge his duty; first, of
protecting his children from the snares of artful and designing
persons; and, next, of settling them properly in life, by preventing
the ill consequences of too early and precipitate marriages. A father
has no other power over his sons _estate_, than as his trustee or
guardian; for, though he may receive the profits during the child's
minority, yet he must account for them when he comes of age. He may
indeed have the benefit of his children's labour while they live with
him, and are maintained by him: but this is no more than he is
entitled to from his apprentices or servants. The legal power of a
father (for a mother, as such, is entitled to no power, but only to
reverence and respect) the power of a father, I say, over the persons
of his children ceases at the age of twenty one: for they are then
enfranchised by arriving at years of discretion, or that point which
the law has established (as some must necessarily be established) when
the empire of the father, or other guardian, gives place to the empire
of reason. Yet, till that age arrives, this empire of the father
continues even after his death; for he may by his will appoint a
guardian to his children. He may also delegate part of his parental
authority, during his life, to the tutor or schoolmaster of his child;
who is then _in loco parentis_, and has such a portion of the power of
the parent committed to his charge, viz. that of restraint and
correction, as may be necessary to answer the purposes for which he is
employed.

[Footnote d: 1 Hawk. P.C. 130.]

[Footnote e: Stat. 26 Geo. II. c. 33.]

3. THE _duties_ of children to their parents arise from a principle of
natural justice and retribution. For to those, who gave us existence,
we naturally owe subjection and obedience during our minority, and
honour and reverence ever after; they, who protected the weakness of
our infancy, are entitled to our protection in the infirmity of their
age; they who by sustenance and education have enabled their offspring
to prosper, ought in return to be supported by that offspring, in case
they stand in need of assistance. Upon this