But though above fourteen, criminal incapacity cannot be presumed on the mere pretence of nonage, children considerably under that age may be found _doli capaces_, and be tried, and even executed accordingly, whenever from peculiar evidence it shall appear that by precocity in vice or intellect they can clearly distinguish right from wrong, _malitia supplet ætatem_: thus _John Dean_ was executed under the age of nine for arson and murder; and _William York_, in more modern times, was tried and condemned for murder at ten.[92] Seven years of age, or the period of absolute infancy, is probably the limit within which actual crime or sin cannot be imputed morally or legally; (see _1 H. P. C._ _p._ 19; _1 Hawk. P. C._ _p._ 1; _1 Bl. Com._ _p._ 464); but the law of England does not appear to have fixed any determinate period;[93] _Alfred_ decreed that none should be punished capitally for theft under twelve years of age. _Athelstan_ enlarged the period till fifteen, (see _notes 1 H. P. C._ _p._ 12, 23); but the old standard of twelve appears to have prevailed from the time of _Hen. 1_; thus in the time of _Ed. 1_, _Adam de Arnhale_, æt. 12, was committed to the custody of the marshal for stealing nine shillings at night in the dwelling house; _postea habito respecto ad imprisonamentum, quod prædictus Adam habuit, & etiam ad teneram ætatem ejusdem Adæ, eo quod non nisi ætatis 12 annorum, qui talis ætatis judicium ferre non potest, ideo_ de gratia _regis deliberetur_, _1 P. C._ 24; but he was spared, as _Sir M. Hale_ says, _de gratia regis_, in respect that he was passed the old standard of twelve years.