Page:William Blackstone, Commentaries on the Laws of England (4th ed, 1770, vol IV).djvu/35

Ch. 2. commit) for thee an infant, above the age of fourteen, is equally liable to uffer, as a perbn of the full age of twenty one.

regard to capital crimes, the law is till more minute and circumpect; ditinguihing with greater nicety the everal degrees of age and dicretion. By the antient Saxon law, the age of twelve years was etablihed for the age of poible dicretion, when firt the undertanding might open : and from thence till the offender was fourteen, it was aetas pubertati proxma, in which he might, or might not, be guilty of a crime, according to his natural capacity or incapacity. This was the dubious tage of dicretion : but, under twelve, it was held that he could not be guilty in will, neither after fourteen could he be uppoed innocent, of any capital crime which he in fact committed. But by the law, as it now tands, and has tood at leat ever ince the time of Edward the third, the capacity of doing ill, or contracting guilt, is not so much meaured by years and days, as by the trength of the delinquent's undertanding and judgment. For one lad of eleven years old may have as much cunning as another of fourteen; and in thee cafes our maxim is, that "malitia upplet aetatem."Under even years of age indeed an infant cannot be guilty of felony ; for then a felonious dicretion is almot an impoibility in nature : but at eight years old he may be guilty of felony. Alo, under fourteen, though an infant hall be prima facie adjudged to be doli incapax; yet if it appear to the court and jury, that he was doli capax, and could dicern between good and evil, he may be convicted and uffer death. Thus a girl of thirteen has been burnt for killing her mitres: and one boy of ten, and another of nine years old, who had killed their companions, have been entenced to death, and he of ten years actually hanged; becaue it appeared upon their trials, that the one hid himelf, and the other hid the body he had killed; which hiding manifeted a conciounes of guilt, and a dicretion to dicern be Rh