With respect to criminal offences, the law of England regards the age df four teen years as the age at which a person is competent to distinguish between right and wrong. Under the age of seven years a child is not in any case responsible by law for an offence committed by him ; but above that age, and under the age of fourteen years, if it clearly appears that a child is conscious of the nature and wickedness of the crime he commits, he may be tried and punished for it. A very singular instance is related by Mr. Justice Foster of a boy nine years old, who, under circumstances of malice and premedita tion, had killed his companion, and hid den the dead body with much care and cunning, and who was tried for murder. and found guilty. The case was after wards considered by the twelve judges, who thought that the circumstance of hiding the dead body proved the fact of consciousness of guilt, and therefore a capacity of distinguishing good from evil, inconsistent with the presumption of in nocence arising from the tender age of the child ; and they unanimously agreed that he was a proper subject for capital punishment. (Foster's Crown Cases, p. 72.) The statute 9 Geo. IV. c. 31, §§ 17, 18, makes it felony, without benefit of clergy. for a man to have carnal know ledge of a female who is under ten years of age ; and the carnal knowledge of a female above ten and under twelve is made a misdemeanor punishable by im prisonment and hard labour.
In the Roman system there were three periods of age which had reference to legal capacity : 1, Infantia, or the period from birth to the completion of the seventh year ; 2, from the termination of Infantia to the attainment of puberty, when persons were called Puberes ; 3, from the attainment of puberty to the twenty-fifth year, during which time males were called Adolescentes, or Mi nores. From the attainment of the
twenty-fifth year they were called Ma jores. An Infans could do no legal act. A person under the age of puberty could do the necessary legal acts in respect of his property with the sanction (auc toritas) of his tutor, who was the guardian of his property. It was somewhat un settled what was the age at which a male attained puberty, but the best opinions fixed it at fourteen. A woman attained puberty at the age of twelve. Males who were puberes could manage their property, contract marriage, and make a will. Roman women of all ages were under some legal incapacities, but the incapacities of sex do not belong to the present subject. [Wostsis.] Male persons between the age of puberty and twenty-five were _pro tected to a certain extent in their deal ings by a Lex Pketoria, and the rules of the Praetorian Edict, which were founded upon it. Under the Emperor Marcus Aurelius, all persons under twenty-five were required to have a Curator, whose functions and powers were very similar to those of the Tutor up to the age of puberty. (Savigny, Von dem Schutz der Minukri8hnigen, fur die Ge schichiliche Rechtsuzissenschaft, x.)