Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/480

 464 were never of age, but ubject to perpetual guardianhip, unles when married, "nii convenient in manum viri:" and, when that perpetual tutelage wore away in proces of time, we find that, in females as well as males, full age was not till twenty five years. Thus, by the contitutions of different kingdoms, this period, which is merely arbitrary, and juris poitivi, is fixed at different times. Scotland agrees with England in this point; (both probably copying from the old Saxon contitutions on the continent, which extended the age of minority "ad annum vigeimum primum, et eo uque juvenes ub tutelam reponunt ") but in Naples they are of full age at eighteen; in France, with regard to marriage, not till thirty; and in Holland at twenty five.

3. have various privileges, and various diabilities: but their very diabilities are privileges; in order to ecure them from hurting themelves by their own improvident acts. An infant cannot be ued but under the protection, and joining the name, of his guardian; for he is to defend him againt all attacks as well by law as otherwie : but he may ue either by his guardian, or prochein amy, his next friend who is not his guardian. This prochein amy may be any peron who will undertake the infant's caue; and it frequently happens, that an infant, by his prochein amy, intitutes a uit in equity againt a fraudulent guardian. In criminal caes, an infant of the age of fourteen years may be capitally punihed for any capital offence : but under the age of even he cannot. The period between even and fourteen is ubject to much uncertainty: for the infant hall, generally peaking, be judged prima facie innocent; yet if he was doli capax, and could dicern between good and evil at the time of the offence committed, he may be convicted and undergo judgment and execution of death, though he hath not attained to years of puberty Rh