ural capacity attained the legal age of
twenty one[x]. By a statute indeed, 28 Hen. VIII. c. 17. power was
given to future kings to rescind and revoke all acts of parliament
that should be made while they were under the age of twenty four: but
this was repealed by the statute 1 Edw. VI. c. 11. so far as related
to that prince; and both statutes are declared to be determined by 24
Geo. II. c. 24. It hath also been usually thought prudent, when the
heir apparent has been very young, to appoint a protector, guardian,
or regent, for a limited time: but the very necessity of such
extraordinary provision is sufficient to demonstrate the truth of that
maxim of the common law, that in the king is no minority; and
therefore he hath no legal guardian[y].
[Footnote u: Finch. L. 82. Co. Litt. 90 _b._]
[Footnote w: Finch. L. 82.]
[Footnote x: Co. Litt. 43.]
[Footnote y: The methods of appointing this guardian or regent have
been so various, and the duration of his power so uncertain, that from
thence alone it may be collected that his office is unknown to the
common law; and therefore (as sir Edward Coke says, 4 Inst. 58.) the
surest way is to have him made by authority of the great council in
parliament. The earl of Pembroke by his own authority assumed, in very
troublesome times, the regency of Henry III, who was then only nine
years old; but was declared of full age by the pope at seventeen,
confirmed the great charter at eighteen, and took upon him the
administration of the government at twenty. A guardian and council of
regency were named for Edward III, by the parliament which deposed his
father; the young king being then fifteen, and not assuming the
government till three years after. When Richard II succeeded at the
age of eleven, the duke of Lancaster took upon him the management of
the kingdom, till the parliament met, which appointed a nominal
council to assist him. Henry V on his death-bed named a regent and a
guardian for his infant son Henry VI, then nine months old: but the
parliament altered his disposition, and appointed a protector and
council, with a special limited authority. Both these princes remained
in a state of pupillage till the age of twenty three. Edward V, at the
age of thirteen, was recommended by his father to the care of the duke
of Glocester; who was declared protector by the privy council. The
statutes 25 Hen. VIII. c. 12. and 28 Hen. VIII. c. 7. provided, that
the successor, if a male and
|