president of the province. But the person whom they named to this public office might be legally excused by insanity or blindness, by ignorance or inability, by previous enmity or adverse interest, by the number of children or guardianships with which he was already burthened, and by the immunities which were granted to the useful labours of magistrates, lawyers, physicians, and professors. Till the infant could speak and think, he was represented by the tutor, whose authority was finally determined by the age of puberty. Without his consent, no act of the pupil could bind himself to his own prejudice, though it might oblige others for his personal benefit. It is needless to observe that the tutor often gave security and always rendered an account, and that the want of diligence or integrity exposed him to a civil and almost criminal action for the violation of his sacred trust. The age of puberty had been rashly fixed by the civilians at fourteen;[1] but, as the faculties of the mind ripen more slowly than those of the body, a curator was interposed to guard the fortunes of a Roman youth from his own inexperience and headstrong passions. Such a trustee had been first instituted by the praetor, to save a family from the blind havoc of a prodigal or madman; and the minor was compelled by the laws to solicit the same protection to give validity to his acts till he accomplished the full period of twenty-five years. Women were condemned to the perpetual tutelage of parents, husbands, or guardians;[2] a sex created to please and to obey was never supposed to have attained the age of reason and experience. Such at least was the stern and haughty spirit of the ancient law, which had been insensibly mollified before the time of Justinian,
II. Of things. Right of property II. The original right of property can only be justified by the accident or merit or prior occupancy; and on this foundation it is wisely established by the philosophy of the civilians.[3] The savage who hollows a tree, inserts a sharp stone into a wooden handle, or applies a string to an elastic branch, becomes in a state of nature the just proprietor of the canoe, the bow, or the hatchet. The materials were common to all; the new form, the- ↑ [It was first fixed at this age (in accordance with the opinion of the Proculians) by Justinian.]
- ↑ [Here tutelage is used in a wider sense than tutela. Every woman sui iuris (i.e., neither under potestas, nor in marius) was under the tutela of a guardian. Every freedman was under the tutela of his patron.]
- ↑ Institut. l. ii. tit. i. ii. Compare the pure and precise reasoning of Caius and Heineccius (l. ii. tit. i. p. 69-91), with the loose prolixity of Theophilus (p. 207-265). The opinions of Ulpian are preserved in the Pandects (l. i. tit. viii., leg. 41, No. 1).
