Page:William Blackstone, Commentaries on the Laws of England (4th ed, 1770, vol IV).djvu/34

22 ignorance, which may be referred to the econd ; and compulion or necelity, which may properly rank in the third.

I., we will conider the cafe of infancy, or nonage ; which is a defect of the undertanding. Infants, under the age of dicretion, ought not to be punihed by any criminal proecution whatever. What the age of dicretion is, in various nations is matter of ome variety. The civil law ditinguihed the age of minors, or thoe under twenty five years old, into three tages : infantia, from the birth till even years of age ; pueritia, from even to fourteen, and pubertas from fourteen upwards. The period of pueritia, or childhood, was again ubdivided into two equal parts ; from even to ten and an half was aetas infantiae proxima ; from ten and an half to fourteen was aetas pubertati proxima. During the firt tage of infancy, and the next half tage of childhood, infantiae proxima, they were not punihable for any crime. During the other half tage of childhood, approaching to puberty, from ten and an half to fourteen, they were indeed punihable, if found to be doli capaces, or capable of michief ; but with many mitigations, and not with the utmol rigor of the law. During the lal tage (at the age of puberty, and afterwards) minors were liable to be punihed, as well capitally, as otherwie.

law of England does in ome cafes privilege an infant, under the age of twenty one, as to common midemefnors ; o as to ecape fine, imprionment, and the like : and particularly in cafes of omilion, as not repairing a bridge, or a highway, and other imilar offences : for, not having the command of his fortune till twenty one, he wants the capacity to do thoe things, which the law requires. But where there is any notorious breach of the peace, a riot, battery, or the like, (which infants, when full grown, are at leat as liable as others to Rh