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tOr!, for making up 10 I,im whal he has lolllhrough Iheir
undue eonr~nI. lt is no pm uf Ihe duty of interdi~lol's,
10 rmiv~ fums, or Dun' ge "ay eflalc; Ihey are .given
mmly aJ au{¡'riIJlelll prlljl'H,J.:/II, to inte'pof~ their
lutholity to r~afon:tble deeds; ,nd fa are "ccountable foro
nothino but their fraud or f.~It, in conlcnting to deeds
hurtfur tO the perron under their eare.
32 • The la'\' conéerning theflHe of children falls neXI
to be expl,ineJ Children are either born in wedlock, or
out of il. AII children, born inlawfulmarriage or wedlock,
are prefumed tO be begotteo by the perfon tO whom the
mother i, married; "nd conrequeotly tO be lawful chil·
(¡ren. Thi! prefumplit'<l is fo flrongly founded, that it
Clnoot be defeatcd but by di,eél evidence that the mo·
Ihers blllbJod cO)llJ oot be the father of the child. e.g.
'where he is irupoteol, or was abfenl fr~m the wife 1111
within Gx lunar months of the birth. The caoonifls in·
deed m~ilmin, that the concurring teflimony of the huf·
band and wife that the child was nut promated by the
hulband, i, fuflicienl 10 dide this legal prefumption for
legitimaey : bUI il is ao agreed point, that no regaed i,
to be paid to fueh teflimony, ir it be made after they
have owoed the ehild 'o be theirs. A falher has Ihe abo
{olule right 01 difpofing of hi~ childrens perfon, of dim·
tirig their eduwion, and of moderate challifement; and
efen after they become puhertl, he may eompel them 10
live io family with him, and to contribule their IJbour
aod induflry, wbile tbey continue there, IOw.rds his fer·
vice. A child who gets a feparate floek from the father
for carrylOg on ,ny trade or employment, even though
he fuould continue in the falher's houfe, may be f,¡jd to
be emancipated or forisfamilimd, in fo far as concerns
tbat flock; for the proSts arifing from it are his oIVn.
Forisfamiliation, when taken in this fenfe, is alfoinferred
by the child's marriage, or by his living in a feparate
houfe, with his falher's permillioo or good\Vill. Chil·
dren, after their full age of t\Venty·one years, become,
8ccordiog to the general opinion, their own mafl",; and
from that pcriod are hound to the father only by the na·
tural tie> of dut¡-, arreéliun, and gratitu¿e. Tlle mUlu·
al obligations between partnts anJ children to mainl2in
caeh other, are explained aflerwaros, Tit. 20.
33 Children, born out of·weJlock. are Oyled natural
children, or baOards. BaOuds may be legilimmd or
made J.wful, eilha, r. By,he rubfrquent intermarriage
of the mother of the child ,·. ith the fJlher. And rhi~
fort of le"itimatilln, inlilb the cI"ld 10 all ,h~ ,~Iit!'of
lawful cI:ildrcn. Thefubfequrnl n""riage. "hichpt<'Jaces
Jegitimation, is conlid·"ed by the law tO have betn enler·
ed into when the legitimared w,~ bcgm'en; ,nll
hence. if he be a m.oIe I,e excludes. byhis 6ght ~r pri·
mogenitu", the (ons proc,emd afler them" ""ne. from
the (uceellion of the ; ,tller', heri,"~" Ih"u~h Ihlfc fu, s
wm lawful children f."m the birth Hence ,Ifo, Ihofe
children only can lJC Ihus k¡:ilim"eJ, IIh" Jle begomn
of a woman whom ti" f"her "I'~"1 at Iha! pc,i'IJ
lawfully married. 2. lIall.,d5are I'gili",,,•.! by Icmrs
of le~itimation f,oOl Ih, fovercir,' . SeeTit. 29.
34. As tOthe pow. , ~f 1O"llo:ts over Ihc.r [,.¡ vanlS:
AII ferrants n"Vll'njoyIhe r:onlC,,~ills ,ndp' 'vil,·~cs ~ IIh
oUler (uhjcas, uolef: il' fu fnr as t""y die tieu dO'Nn by
·A W.
their engagements of ferviee. Slrvant! are cidler ne–
cefi'ary or I'oluntary. Necefi'ary are Ihofe " hom laIV o–
bliges tO wo,k ..ithoul \Vages, of whom immediately.
Volunta, y I,rvants eng.lge "ithout compullion, ei¡her
for mere lubfillence, or al(~for ",Ages. Thore whoearn
their bread in this way, if they Olould off from en–
gaging, OI"y be comFelled to it by the Jullices uf the
peace, who have power to fix the rate of their \Vages.
35. Colliers, cOdl.bearers, and falters, and oth~r pero
fans nccell'"y to collieries aud falt lVorks, as they are
partkularly deferibed by aa 166 t. are tied down to ph–
petual fmice at Ihe works to which tbey hlve once en·
tcred. Upon a fale of the works, the right of their
fe,vice is transfmed tothe newproprietor. AII perfoos
are prohibilcd to receive them into their fervice, IVithoul
a tellimonial (rom their laO mafler; and if they defert
10 anothcr work, and are redemanded wilhinayear there–
after, he who has received themis ob"ged to return theln
\Vithio twenty.f0ur hOUIS, under a penalty !lut thougb
the proprietor fhou ld negle/\ to require the deferter
within the year, he does oot, by that fhort prefcriptioo;
lofe his property in him. ColIlCf!, 6<. where the col·
liery to "hich they are anriéled, is either ¡:iven up, or
not fuflicient for their mainttn3nce, may lawfully engagc
with olhers; but if that work fhall beagain fet a going.
the proprielOr may reclaim thcmback10 it.
36. The poor make the lowell clafs or arder of per–
fODs. ¡ndigent childreo m,y be compellcd 10 fme any
of the king's fubjeas wilhout wages, till their age of
thirty yem. VagraolS and lIurdy beggars may be alfo
eompelled tO fme any manufatlurer. And becaufe
fe" perfons IVere willin& to ,eceive them into Ihei r fer–
vice, public work ·houfes are ordained to be built for
fetting them to work. The poor who cannot work,
mufl be maintained by the p"ilhes in which they were
boro; and wlte,e the place of Iheirnativity is not known.
that burden f,lIs upon tite parilhes where they hare had
their molf common refort, for Ihe Ihree years ,mmcdiattly
prccetding their being apprehend,d, or their applying
for the public charity. Where the contribut,ons co!leél–
ed at the chu, ch" 10 which they belong. are not fuflici.
ent for th,ir mainlcMnce, they are to reeeive badges
from the minlller and kirk felli~o, in virtueof whiclt the,
may ~fk .Ims at the dwelling houfes of the inhabitaDLJ.
of the par 01.
Tit. 8. ~(the Di'l!ijioll ~(Rig/¡IJ, flI:d rlu fe'l!C/'al
~V,IJ! Ioy whi,b n Rig/¡t l/lfIy be ncqui/'cd.
T Hs thin~s or fubicas lO "hich pe,funs hove riCht, are
the fecond oljd l of 1,W. The righl of cnj0ylng and
difpolirg of afllhjd't at one's pleafure, is callcd p'opcny.
P, op,illvrs . " rdlraincd hi' l." f'OOl 1l1inr. Iheir pro·
pcrty emulouOy10 their ncighhour's prrjuJ,ce. E""y
lI"e or fOlmigo has 3 po",cr over l'"v3le properly,
c:I!ko, by (OIII~ 1.1· ....yCls, dOJllújj/J1/l (1.'1;110111 in virtuc of
~hieh, tite prt\priclnr ",.'y be compelled to fd l his pro·
perty fo' an ."'quare pricc, where an el ideut ulility on
dI< pan uf tI,e publtedcmauds it.
2. Ih,ng' are by u""re itfclr ineapalole of al'.
prnl'ri~ti~n, as the air, tI,~ li;:hl, Ihe O,
,
6,'. i none
of