1 50 Parens Patrice. — Irifants. [Ch .IX. Sec. L branch of his general jurisdiction (a) ; and no separate com- mission is necessary to legalize the chancellor's jurisdiction in this respect (6). By virtue of this power the chancellor may appoint guar- dians to such infants as are without them (c). And though his lordship cannot remove a testamentary guardian appointed according to the statute, or consider his misconduct a con- tempt, unless the infant be a ward of court {d) ; yet he may impose restrictions whiph will prevent such guardian from pre- judicing the interests of his award {e). And it seems to be admitted that guardians at conunon law may be removed or be compelled to give security if there appear to be any danger of their abusing either the infant's person or estate (/). It is also a general rule that if a person appointed guardian be at- tainted, or otherwise become incapable, the trust devolves on the great seal, as the general guardian of all infants (g). The care of infants is so peculiarly a prerogative of the Crown, delegated to and exercised by the Court of Chancery, that it has also been laid down that the Court may interpose even against that authority and discretion which a father has in general in the education and management of his child (//). Though perhaps in this case it is necessary that such child should be a ward of the Court (/)• The Chancellor may, generally speaking, cause the per- formance of any thing essential to the welfare or benefit of infants and their properties [k) ; and will protect their rights. Therefore if a man marry a ward of the Court without the consent of the Court, he shall be committed for such contempt, though it appear that he knew not that she was a ward of the Court (/) : and there must be a proper settlement made on the (a) See Ibid. 1 Fonbl. 227, 8, note. Eq. 230, note (a), 3rd ed. and 235, 6. 10 Ves. 59. See however Co. Lit. 88, b. (/) Ibid. 1 Bla. Com. 463. note (16). Hargr. K. B. has no part (g) 1 P. Wms. 706. of the delegated power over infants. 10 (A) Ibid. 702. Other cases cited, 2 Ves. 59. Fonbl. 230, note. (i) Ibid. (i) See Ibid. 4 Bro. Ch. Rep. 101, (c) Bac. Ab. Guardians, C. 2 Fonbl. 102. 235, 3rd ed. (k) See 2 Fonbl. 230, note. (rf) 2 P. Wms. 561. See next note. (/) Herbert's Case, 3 P. Wms. 116. (e) 2Ch. Cas. 237. 1 Vez. 160. 1 Butler o. Freeman, Ambl. 303. Chas- Vern. 442. Dick. 88. 2 fonbl. Tr. saing v. Parsonage, 5 Ves. 15. wife
