Deuteronomy 21:18 - Coke's Commentary on the Holy Bible

Ver. 18, &c. If a man have a stubborn and rebellious son— Ample provision having been made for the security of private rights between neighbour and neighbour, Moses made another law for the regulation of families, by giving to parents a well-tempered power over incorrigible children: which was not to put the lives of their children absolutely into their hands, as the laws of some other countries did; but to direct them,—when all means of admonition and correction were lost upon a son, and when they saw nothing but ruin to the estate and family likely to result from his lewdness and debauchery,—to bring him out unto the gate of his place; i.e. to make complaint to the magistracy in court; joint complaint, ver. 20 both father and mother uniting in the accusation, which could hardly happen but in the case of the most deplorable disobedience; and which union in accusation entirely prevented all passion and prejudice. Upon this accusation of the parents, the magistrates were to condemn him to death, as a terrible example of disobedience to the laws of God and man. The Roman laws gave to parents an exorbitant authority over their children: so did the Persians and the Gauls. But with the Romans, a father could not exercise this right which the laws gave him over a disobedient child, without assembling his relations and friends, and taking their advice. See Puffendorff's Law of Nature and Nations, b. vi. c. ii. sect. 11 with Barbeyrac's note upon the place.