HELMS v. FRANCISCUS. 563

The father is the rightful and legal guardian of all his infant
children; and in general, no court can take from him the custody
and control of them, thrown upon him by the law, not for his gra-
tification, but on account of his duties, and place them against his
will in the hands even of his wife, (m) But although the courts
of common law can enforce the rights of the father, they are not
equal to the office of enforcing the duties of the father; and there-
fore, where the children have any property, which can give this
court the means of acting in their behalf, it will protect them as
well against the misconduct of their father as against their legal
guardian, (n) Yet even a court of common law will not go so far
as to hold nature in contempt, and snatch helpless, puling infancy
from the bosom of an affectionate mother, and place it in the coarse
hands of the father. The mother is the softest and safest nurse of
infancy, and with her it will be left in opposition to this general
right of the father. (o)

The common law vests a right in the wife to be endowed after
her husband's death out of all the lands of which he was seized
during the coverture, unless she has a jointure legally settled upon
her in lieu of dower; and her title to all lands held in her own
right remains unimpaired by the marriage. But the incapacity
with which she is covered by the marriage leaves her no means, at
the common law, of dealing with the title she holds in her own
right, or with her vested right to dower or jointure, either for her
own, or her husband's benefit, during the coverture; except by the
formulary of a suit called a fine, and a private examination by the
court itself. In lieu of this fine our law has directly restored her
capacity to contract by means of a simple prescribed form concern-
ing her vested right of dower, or her jointure, as well as respect-
ing her own lands of which her husband is entitled to the rents
and profits only during coverture, or which he may have acquired
a vested right to hold as tenant by the courtesy, (p) The wife
may take and hold property of any description to her sole and
separate use, independently of her husband, which she may be
empowered to alienate, encumber, give, or devise in any manner
at her pleasure. And if she relinquishes her dower, or jointure,
or sells, disposes of, or encumbers her lands held in her own right,

(m) St. John v. St. John, 11 Ves. 531.—(n) Wellesley v. Beaufort, 3 Cond. Cha.
Rep. 1; Lyons v. Blenkin, 4 Cond. Chan. Rep. 115; Jones v. Stockett, ante 429;
Corrie's Case, ante 503.—(o) Prather v. Prather, 4 Desau. 83.—(p) Hannah K.
Chase'1 Case, 1 Bland, 229.