AGE 



AGE 



l.ex Sz-rvU'ra Glaiiche, none wci-e allowed to be chofen 

 liniler t^O years of age, or above fio. By foine otlier laws 

 tliat age fecins to have been limited to ;;5, but reduced 

 afterwards by Aiij^uilus to 30 ; though Pitifeus fuppofes 

 a miftake here in the text ; and that, iuftead of 35 and 30, 

 it ought to be read 25 and 20. Lex. Ant. torn. i. JWi- 

 Ftlary n^f, or that wherein the Romans were obliged to en- 

 ter "the'mfelves in the army, was at 17 years; at 45 they 

 mifrht demand tlicir difmiflion. A(|uin. Lex. Milit. torn. i. 

 This age was fubjccl to confuleiable variation. The an- 

 cient pradlicc, as Vegetius informs us, was to arm young 

 men when they attained the age of puberty : and this lub- 

 fifttd before and under the firfl kings. Servius Tullius 

 (abo\it the year of Rome 178) fixed the period of mili- 

 tary fervice from 17 to 46 years : tliofe who had not reach- 

 ed this lad term were called junicres, and tliofe who had 

 paffed it ftnioirs. Manlius, however, who faved the Ca- 

 pitol, had fen-ed from the age of 16 years. Adrian com- 

 menced his militaiy fervice at the age of 15 years; and 

 inllances occur, in the Roman liiilory, of perfons who were 

 called forth to militaiT fervice within the age of 50 years. 

 But the age ellablilhed by Servius TulUus was confirmed 

 by Caius Gracchus, A. U. C. 632. The Gauls and 

 Germans ferved from the age of puberty to extreme 

 old age. The Perfians fixed the period of military 

 fervice from 20 to 50 years. The Scythians and La- 

 ctd'.emonians extended it from the age of puberty to 60 

 years. The Athenians commenced at 18 years to guard 

 the city and frontiers, and at 20 they engaged in foreign 

 fervice, and continued to the age of 40 years. Ariftotle 

 fixed the military age at 1 7 years; (Polit. hb. viii.), and 

 I'lato in his Republica determines it from 20 to 60 years. 

 Among the Lombards, the age of entry was between iS 

 and 19; among the Saxons at 13. 



The ii';!' for hald'itt'^ offices in the cily, as quxftor, xdile, tri- 

 bune of the people, &c. is not detei-mined by the annual laws 

 of Villius, but appears to have been the 27:;! year. For 

 it was neceflar)' that the perfon who claimed any urban em- 

 ployment, had firil ferved ten years without interruption 

 in the army, commencing from the 1 7th year. Though 

 fome think the quaeftorfliip might have been held at 25 

 years. Polyb. lib. vi. cap. 17. The prietorian age, or 

 that wherein a perfon might fohcit for the pnetorlhip, was 

 at 40 ; two years earlier than the age requii'cd for conful. 

 But M. Brutus was pi-aetor with Caihus, two years before his 

 death ; /'. e. at the age of 35 years ; and Dion (Hi. p. 

 477) fixes this age at 30 years. I.egitimttte a<^e, denotes the 

 age of 25 ; fo called, as fome imagine, becaufe youth were 

 then by law allowed to take the direftion of their affairs 

 into their own hands. BriiT. Select. Ant. ex Jur. Civ. lib. 

 iii. c. 2. D'lfpenfat'mn of age, ittatis •venia, is a right which 

 a perfon obtained from tlie prince, or fovereign, of fetting 

 alide a tutor or curator, and taking the adminiftration of 

 his affairs into his own hands, before the legitimate age. 

 Calv. Lex. Jur. The adoptive age ; called alfo plena pit- 

 bertiis, requires the adopter to be eighteen years older than 

 the perfon adopted, that there may appear a probability of 

 his being a natural child. Pitifc. Lex. Ant. See Adop- 

 tion. 



By the common law, there are two principal ages in a 

 man : at 14, he is at the age of difcretion ; at 21 years, 

 at full age. 



With refpecl to a woman, there were anciently fix ages 

 obferved : at feven years, her father might diftrain the te- 

 nants of hi:- manor for aid to marry her ; for at thofe years 

 flie may confeht to matrimony. — At nine years oW me is 



dowablc ; for then, or within half a year after, die is faid 

 to be able promereri dotcm, iff virum fufl'inere. — At twelve 

 years, (lie is able finally to ratify and confirm, or annul her 

 former confeut to matrimony ; and, if pros-ed to have fuf- 

 ficieut difcretion, may be<iU(ath her perfoiial ciVate. — At 

 14, file may take her lands into her own hands; and 

 fliould be out of ward, if fhe were at this age at her an- 

 ceftor's death : at this period (he is at years of legal difcre- 

 tion, and may choofe a guardian At 16, flie fhould be 



out of ward, though at the death of her anceflor flie was 

 under 14: the reaion is, that then flie might take a hufband 

 able to perform knight's fervice : flie may be executrix, at 

 17 — At 21 years, fhe may difpofe of herfclf and alienate 

 lands and tenements. 



As for a man : the age of 1 2 years binds to appearance be- 

 fore the flieriff and coroner for inquiry after robberies, and 

 impowers taking the oath of allegiance; 52 Hen. IIL 14. 

 At the age of 14, he may chute his own guardian, and 

 claim his lands held in focage ; though Bratton limits 

 this to 15 years; with whom Glanville agrees. — At 14, a 

 man may confent or difagree to marriage. — At that age, 

 likewife, he may difpofe of perfonal eflate by will, if his 

 difcretion be actually proved, though not of lands until 

 21: at 14 alfo, perfons may be witnefTes, though in fome 

 cafes they have been admitted much younger. 2 Hawk. 

 434. Perfons under 14 are not, in general, punifhable for 

 crimes ; but tliey muft anfwer for any trefpafs. i InlL 

 247. — At 15, he ought to be fworn to the peace, an. 24 



Edw. L flat. 3 At 17, he may be an executor At the 



age of 21, a man was obliged to be a knight, if he had 

 20 pounds land per annum fee, or for term of life, anno 



1 Ed. n. flat. I. But this flatute is repealed, 16 Car. 



L cap. 20. The fame age alfo enables him to make con- 

 tracts and manage his own eilate ; which, till that time, 

 he cannot do with fecurity to thofe who deal with him; fo 

 that at this age he is at his own difpofal, and may claim his 

 lands, goods and chattels. Full age, in male or female, is 



2 I years ; and this age is completed on the day preceding 

 the anniverfaiy of a perfon's birth (Salk. 44. 62 j. Lord 

 Raym. 480.) who, till that time, is an infant, and fo 

 filled in law. Among the antlent Greeks and Romans 

 women were never of age, but fubjcft to perpetual guardian, 

 fhip, unlefs when married ; and when that perpetual tu- 

 telage wore away in procefs of time, we find, that, in fe- 

 males as well as males, full age was not till 25 years. By 

 the conflltutlon of different kingdoms, this period is fixed 

 at different times. Scotland agrees with England in this 

 point ; but in Naples they are of full age at 18 ; in Hol- 

 land at 25 ; and formerly in France, with regard to mar- 

 riage, not till 30. 



With regard to capital crimes, the age of 12 years was 

 eflablifhed, by the ancient Saxon law, for the age of pof- 

 fible difcretion ; and from thence till the offender was 14, 

 it was ittas puhertat'i proxima, in which he might, or might 

 not be guilty of a crime, according to his natural capacity or 

 incapacity. Under 12 it was held, that he could not be 

 guilty in will, neither after 14 could he be fuppofed inno- 

 cent of any capital crime which he committed. But by 

 the law, as it now ftands, and has flood, at leafl ever fince 

 the time of Edw. HL, the capacity of doing ill, or con- 

 trafting guilt, is not fo much eftimated by age, as by the 

 delinquent's maturity ofunderftanding, fo that malitla fupplet 

 tttatem. Under feven years of age, an infant cannot be 

 guilty of felony ; but at eight years old he may be guilty. 

 Under 14, though an infant fhall be /»'/;«a y^aV adjudged, 

 to be doli incapax, yet, if Jt appear to the court and jut)', 



that 



