incipally in this, that he cannot be heir to any one,
neither can he have heirs, but of his own body; for, being _nullius
filius_, he is therefore of kin to nobody, and has no ancestor from
whom any inheritable blood can be derived. A bastard was also, in
strictness, incapable of holy orders; and, though that were dispensed
with, yet he was utterly disqualified from holding any dignity in the
church[i]: but this doctrine seems now obsolete; and in all other
respects, there is no distinction between a bastard and another man.
And really any other distinction, but that of not inheriting, which
civil policy renders necessary, would, with regard to the innocent
offspring of his parents' crimes, be odious, unjust, and cruel to the
last degree: and yet the civil law, so boasted of for it's equitable
decisions, made bastards in some cases incapable even of a gift from
their parents[k]. A bastard may, lastly, be made legitimate, and
capable of inheriting, by the transcendent power of an act of
parliament, and not otherwise[l]: as was done in the case of John of
Gant's bastard children, by a statute of Richard the second.

[Footnote d: _Fort. de LL._ _c._ 40.]

[Footnote e: Co. Litt. 3.]

[Footnote f: Salk. 427.]

[Footnote g: Salk. 121.]

[Footnote h: Stat. 17 Geo. II. c. 5.]

[Footnote i: Fortesc. _c._ 40. 5 Rep. 58.]

[Footnote k: _Cod._ 6. 57. 5.]

[Footnote l: 4 Inst. 36.]

CHAPTER THE SEVENTEENTH.

OF GUARDIAN AND WARD.

THE only general private relation, now remaining to be discussed, is
that of guardian and ward; which bears a very near resemblance to the
last, and is plainly derived out of it: the guardian being only a
temporary parent; that is, for so long time as the ward is an infant,
or under age. In examining this species of relationship, I shall first
consider the different kinds of guardians, how they are appointed, and
their power and duty: next, the different ages of persons, as defined
by the law: and, lastly, the privileges and disabilities of an infant,
or one under age and subject to guardianship.

1. THE guardian with us performs the office both of the _tutor_ and
_curator_ of the Roman laws; the former of which had the charge of the
maintenance and education of the minor, the latter the care of his
fortune; or, according to the language of the court of chancery, the
_tutor_ was the committee of the person, the _curator_ the committee
of the estate. But this office was frequently un