8S0 
l lie resin is obtained by wounding tbe 
bark in different parts of the body of the- 
tree, or by what has been called jagging. 
It exudes copiously from these- wounds, 
though gradually ; and when a quantity is 
found accumulated upon the several wound- 
ed trees, hardened by exposure to the sun, 
it is gathered and packed in small kegs for 
exportation. This resin is of a friable tex- 
ture, ot a deep greenish colour, and some- 
times of a reddish hue ; it has a pungent acrid 
ta<te, but little or no smell unless heated. 
L he tree also yields a spontaneous exuda- 
tion from the bark, which is called the native 
gum, and is brought to us in small irregular 
pieces, ot a bright semipcllucid appearance, 
and differs from the former in being much 
purer. 
Guaiacum was first introduced into Eu- 
rope as a remedy for the venereal disease, 
and appears to have been used in Spain so 
early as 150S. The great success attending 
its adm nistration before the proper use of 
mercury was known, brought it into such re- 
pute, that it is said to have been sold for 
seven old crowns a pound, ft did not, how- 
ever,. continue to maintain its reputation; 
but was found generally to fail where the 
disease was inveterate, and was at length 
superseded by mercury, to which it now 
only serves occasionally as an adjuvant. The 
general virtues of guaiacum, are those of a 
warm stimulating medicine, strengthening 
the stomach and other viscera, and remark- 
ably promoting the urinary and cuticular 
discharges-; hence in cutaneous eruptions, 
it is deemed eminently useful ; as well as in 
the rheumatism when given in a sufficient 
dose. 'Die resin is the most active, and 
the efficacy of the wood, &c. depends upon 
the quantity of this contained in them. 'The 
resin is given from a few grains to a scruple 
or halt a dram, which last dose proves for the 
most part considerably purgative. Dissolv- 
ed in spirit of wine, and afterwards combined 
with water, by means of mucilage or the yolk 
oF egg, or in form of the simple or volatile 
tincture, it is much employed in gout and 
chronic rheumatism. These last have been 
given to the extent of half aji ounce twice 
a day, and are sometimes usefully combined 
with tincture of opium. See Resins. 
GUARDIAN, one appointed by the wis- 
dom and policy of the law, to take care ofa 
person and his affairs, who by reason of his 
imbecility and want of understanding is in- 
capable of acting for his own interest; and 
it seems by our law, that his office originally 
was to instruct tbe ward in the arts of war, 
as well as those of husbandry and tillage, 
that when he came of age he might be the 
better able to perform those services to his 
lord, whereby he held his own land. 2 13ac. 
Abr. 672. 
There are several kinds of guardians, as, 
guardian by nature, guardian by the com- 
mon law, guardian by statute^ guardian by 
custom, guardian in chivalry, guardian in 
soccage, and guardian by appointment of the 
lord chancellor. 
Guardian by nature, is the father or mo- 
ther ; and here it should be observed, that 
by the common law every father has a right 
of guardianship of the body of his son and 
heir, until he attains the age of twenty-one 
years. Co. Lit. 84. 
GUARDIAN'. 
This guardianship extends no further than 
th.e custody of the infant s person. 1 Inst. 
84. 
It yields as to the custody of the person, 
to guardianship in soccage, where the title to 
both guardianships concur in the same in- 
dividuals. 1 Inst. 88 b. 
But guardianship in soccage ending at 
14, it seems that after that age, the father 
or other ancestor, having a like title to 
both guardianships, becomes guardians by 
nature till the infant’s age of 21. Garth 
384. 
Lastly, the father may disappoint the mo- 
ther, and other ancestors, of the guardian- 
ship by nature, by appointing a testamentary 
guardian under the statutes 4 and 5 P. et M. 
and 12 Car. II. 
Guardian by nature, has only the care of 
the person and education of the infant, and 
has nothing to do with his lands merely in 
virtue of his office ; for such guardian may 
be though the infant have no lands at all, 
which a guardian in soccage cannot. Co. 
Lit. 88. 
Guardian by the common law. If a ten- 
ant in soccage dies, his heir being under 14, 
whether he is his issue or cousin, male or fe- 
male, the next of blood to the heir, to whom 
the inheritance cannot descend, shall be guar- 
dian of his body and land till his age of four- 
teen ; and although the nature of soccage te- 
nure is in some measure changed from what 
it originally was, yet it is still called soccage 
tenure, and the guardian in soccage is still 
only where lands of that kind, as most of the 
lajxls in England now are, descend to the 
heir within age ; and though the heir after 
14 may choose his own guardian, who shall 
continue till he is 21, yet as well the guar- 
dian before 14, as he whom the infant shall 
think tit to choose after 14, are both of the 
same nature, and have the same office and 
employment assigned to them by the law, 
without any intervention or direction of the 
infant himself; for they were therefore ap- 
pointed, because the infant in regard of his 
minority, was supposed incapable of mana- 
ging himself and his estate, and Consequently 
derive their authority not from the infant, 
but from the law : and that is the reason they 
transact all affairs in their own name, and 
not in the name of the infant, as they would 
be obliged to do if their authority was de- 
rived from him. Co. Lit. 87. 
Hence the law has invested them, not with 
a bare authority only, but also with an in- 
terest till the guardianship ceases ; and to 
prevent their abuse of this authority and inter- 
est, the law has made them accountable to the 
infant, either when he conies to the age of 14 
years, or at any time after, as he thinks fit ; 
and therefore are not to have any thing to 
their own use, as the guardian in chivalry 
had. Co. Lit. 90. a. 
Guardian by statute. By the common law, 
no person could appoint a guardian, because 
the law had appointed one, whether the fa- 
ther was tenant by knight service, or in soc- 
cage. 3 Co. 37. 
The first statute that gave the father a 
power of appointing, was the 4 and 3 P and 
M. c. 8. which provides under severe penal- 
ties, such as fine and imprisonment for vears, 
that no one shall take away any maid or wo- 
man child unmarried, being within the age 
of sixteen years, out of or from the posses- 
sion, custody, or governance, and against the 
will, ot the father of such maid or woman 
child, or of such person or persons to whom 
the father of such maid or woman child, by 
his last will and testament, or by any other 
act in his life-time, has or shall appoint, as- 
sign, bequeath, give, or grant tbe order, 
keeping, education and government, of such 
maid or woman child, i Sid. 362. 
In tiie construction of this statute, the fol- 
lowing opinion lias been holden. That a 
testamentary guardian, or one formed ac- 
qordaig to this statute, comes in loco paren- 
tis, and is the same in office and interest with 
a guardian in soccage, and differs only as to 
the modus habendi, or in a few particular 
circumstances ; as first that it may be held 
for a longer time, viz. till the heir attains the 
ago of 2 1, whereas before it was but 14; se- 
condly, it may be by other persons held, for 
before it was the next of kindred not inhe- 
ritable could have it ; and now who the fa- 
ther names shall have it. Yaugh. 178. 
Guardian by custom. By the custom of 
tiie city of London, the custody and guardian- 
ship of orphans under age, unmarried, belongs 
to the city. 2 Bac. Abr. 675. 
By the custom of Kent, where any tenant 
died, his heir being within age, tiie lord of the 
manor might and did commit the guardian- 
ship to the- next relation within the court of 
justice in whose jurisdiction the land was; 
but the lord was bound on all occasions to 
call him to account, and if he did not see 
that the accounts w^re fair, the lord himself 
wasf Bound to answer it. 'This province the 
lord chancellor has taken from inferior courts, 
only in Kent, where these customs are con- 
tinued. 
Guardian in chivalry By the common law, 
if tenant by knight-service had died, his heir 
male being under tire age of twenty-one 
years, the lord shall have the land holden of 
him, till such heir had arrived at that age, 
because till then he was not intended to be 
able to do such service ; and such lord had 
likewise the custody of the body of the in- 
fant, to bring him up, and inure him to mar- 
tial discipline, and was therefore called guar- 
dian in chivalry. Co. Lit. 74. This privi- 
ledge of wardship is now abolished. 
Guardian in soccage. Guardians in soccage 
are also called guardians by the common 
law. Wardship is incident to tenure in 
soccage, but of a nature very different from 
that which was formerly incident to knight- 
service ; for if the inheritance descends to an 
infant under 14, the wardship of him does- 
not, nor ever did, belong to the lord of the 
fee ; because in this tenure, no military or 
other personal service being required, there 
was no occasion for the lord to take the pro- 
fits in order to provide a proper substitute 
for his infant tenant. Co. Lit. 84. 
Guardian by appointment of the lord 
chancellor. It is not easy to state how this 
jurisdiction was acquired; it is certainly of 
no very ancient date, though now indisput- 
able : for it is clearly agreed, that the kifig, 
as pater patriae, is universal guardian of all 
infants, ideots, and lunatics, who cannot take 
care of themselves ; and as this care cannot 
lie exercised otherwise than by appointin'* 
them proper curators or committees, it seems 
also agreed, that tiie king may, as he has 
done, delegate the authority to his chancellor; 
and that therefore at this day, the court of 
