ion, is "_quasi
agnum committere lupo, ad devorandum_[n]." These guardians in socage,
like those for nurture, continue only till the minor is fourteen years
of age; for then, in both cases, he is presumed to have discretion, so
far as to choose his own guardian. This he may do, unless one be
appointed by father, by virtue of the statute 12 Car. II. c. 24.
which, considering the imbecillity of judgment in children of the age
of fourteen, and the abolition of guardianship _in chivalry_ (which
lasted till the age of twenty one, and of which we shall speak
hereafter) enacts, that any father, under age or of full age, may by
deed or will dispose of the custody of his child, either born or
unborn, to any person, except a popish recusant, either in possession
or reversion, till such child attains the age of one and twenty years.
These are called guardians _by statute_, or _testamentary_ guardians.
There are also special guardians _by custom_ of London, and other
places[o]; but they are particular exceptions, and do not fall under
the general law.

[Footnote b: Co. Litt. 88.]

[Footnote c: 3 Rep. 39.]

[Footnote d: Co. Litt. 88.]

[Footnote e: Moor. 738. 3 Rep. 38.]

[Footnote f: 2 Jones 90. 2 Lev. 163.]

[Footnote g: Litt. Sec. 123.]

[Footnote h: _Nunquam custodia alicujus de jure alicui remanet, de quo
habeatur suspicio, quod possit vel velit aliquod jus in ipsa
hereditate clamare._ Glanv. _l._ 7. _c._ 11.]

[Footnote i: _Ff._ 26. 4. 1.]

[Footnote k: The Roman satyrist was fully aware of this danger, when
he puts this private prayer into the mouth of a selfish guardian;

_Pupillum o utinam, quem proximus haeres
Impello, expungam._ Perf. 1. 12.]

[Footnote l: _c._ 44.]

[Footnote m: 1 Inst. 88.]

[Footnote n: This policy of our English law is warranted by the wise
institutions of Solon, who provided that no one should be another's
guardian, who was to enjoy the estate after his death. (Potter's
Antiqu. l. 1. c. 26.) And Charondas, another of the Grecian
legislators, directed that the inheritance should go to the father's
relations, but the education of the child to the mother's; that the
guardianship and right of succession might always be kept distinct.
(Petit. _Leg. Att._ _l._ 6. _t._ 7.)]

[Footnote o: Co. Litt. 88.]

THE power and reciprocal duty of a guardian and ward are the same,
_pro tempore_, as that of a father and child; and therefore I shall
not repeat them: but shall only add, tha