Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/479

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Ch. 17.
of Persons.
463

of all that he has tranſacted on his behalf, and muſt anſwer for all loſſes by his wilful default or negligence. In order therefore to prevent diſagreeable conteſts with young gentlemen, it has become a practice for many guardians, of large eſtates eſpecially, to indemnify themſelves by applying to the court of chancery, acting under it's direction, and accounting annually before the officers of that court. For the lord chancellor is, by right derived from the crown, the general and ſupreme guardian of all infants, as well as idiots and lunatics; that is, of all ſuch perſons as have not diſcretion enough to manage their own concerns. In caſe therefore any guardian abuſes his truſt, the court will check and puniſh him; nay ſometimes proceed to the removal of him, and appoint another in his ſtead[1].

2. Let us next conſider the ward, or perſon within age, for whoſe aſſiſtance and ſupport theſe guardians are conſtituted by law; or who it is, that is ſaid to be within age. The ages of male and female are different for different purpoſes. A male at twelve years old may take the oath of allegiance; at fourteen is at years of diſcretion, and therefore may conſent or diſagree to marriage, may chooſe his guardian, and, if his diſcretion be actually proved, may make his teſtament of his perſonal eſtate; at ſeventeen may be an executor; and at twenty one is at his own diſpoſal, and may aliene his lands, goods, and chattels. A female alſo at ſeven years of age may be betrothed or given in marriage; at nine is entitled to dower; at twelve is at years of maturity, and therefore may conſent or diſagree to marriage, and, if proved to have ſufficient diſcretion, may bequeath her perſonal eſtate; at fourteen is at years of legal diſcretion, and may chooſe a guardian; at ſeventeen may be executrix; and at twenty one may diſpoſe of herſelf and her lands. So that full age in male or female is twenty one years, which age is completed on the day preceding the anniverſary of a perſon's birth[2]; who till that time is an infant, and ſo ſtiled in law. Among the antient Greeks and Romans women

  1. 1 Sid. 424. 1 P. Will. 703.
  2. Salk. 44. 625.
were