ate families; and so long ago as in the 8 Jac. I. it was under the
consideration of parliament, to vest this custody in the relations of
the party, and to settle an equivalent on the crown in lieu of it; it
being then proposed to share the same fate with the slavery of the
feodal tenures, which has been since abolished[o]. Yet few instances
can be given of the oppressive exertion of it, since it seldom happens
that a jury finds a man an idiot _a nativitate_, but only _non compos
mentis_ from some particular time; which has an operation very
different in point of law.

[Footnote m: F.N.B. 232.]

[Footnote n: This power, though of late very rarely exerted, is still
alluded to in common speech, by that usual expression of _begging_ a
man for a fool.]

[Footnote o: 4. Inst. 203. Com. Journ. 1610.]

A MAN is not an idiot[p], if he hath any glimmering of reason, so that
he can tell his parents, his age, or the like common matters. But a
man who is born deaf, dumb, and blind, is looked upon by the law as in
the same state with an idiot[q]; he being supposed incapable of
understanding, as wanting those senses which furnish the human mind
with ideas.

[Footnote p: F.N.B. 233.]

[Footnote q: Co. Litt. 42. Fleta. _l._ 6. _c._ 40.]

A LUNATIC, or _non compos mentis_, is one who hath had understanding,
but by disease, grief, or other accident hath lost the use of his
reason. A lunatic is indeed properly one that hath lucid intervals;
sometimes enjoying his senses, and sometimes not, and that frequently
depending upon the change of the moon. But under the general name of
_non compos mentis_ (which sir Edward Coke says is the most legal
name[r]) are comprized not only lunatics, but persons under frenzies;
or who lose their intellects by disease; those that _grow_ deaf, dumb,
and blind, not being _born_ so; or such, in short, as are by any means
rendered incapable of conducting their own affairs. To these also, as
well as idiots, the king is guardian, but to a very different purpose.
For the law always imagines, that these accidental misfortunes may be
removed; and therefore only constitutes the crown a trustee for the
unfortunate persons, to protect their property, and to account to them
for all profits received, if they recover, or after their decease to
their representatives. And therefore it is declared by the statute 17
Edw. II. c. 10. that the king shall provide for the custody and
sustentation of lunatics, and preserve