t the guardian, when the ward
comes of age, is bound to give him an account 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[p].
[Footnote p: 1 Sid. 424. 1 P. Will. 703.]
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[q];
who till that time is an infant, and so stiled in law. Among the
antient Greeks and Romans _women_ were never of age, but subject to
perpetual guardianship[r], unless when married, "_nisi convenissent in
manum viri_:" and, when that perpetual tutelage wore away in process
of time, we find that, in females as wel
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