their lands and the profits of
them, for their use, when they come to their right mind: and the king
shall take nothing to his own use; and if the parties die in such
estate, the residue shall be distributed for their souls by the advice
of the ordinary, and of course (by the subsequent amendments of the
law of administrations) shall now go to their executors or
administrators.

[Footnote r: 1 Inst. 246.]

THE method of proving a person _non compos_ is very similar to that of
proving him an idiot. The lord chancellor, to whom, by special
authority from the king, the custody of idiots and lunatics is
intrusted[s], upon petition or information, grants a commission in
nature of the writ _de idiota inquirendo_, to enquire into the party's
state of mind; and if he be found _non compos_, he usually commits the
care of his person, with a suitable allowance for his maintenance, to
some friend, who is then called his committee. However, to prevent
sinister practices, the next heir is never permitted to be this
committee of the person; because it is his interest that the party
should die. But, it hath been said, there lies not the same objection
against his next of kin, provided he be not his heir; for it is his
interest to preserve the lunatic's life, in order to increase the
personal estate by savings, which he or his family may hereafter be
entitled to enjoy[t]. The heir is generally made the manager or
committee of the estate, it being clearly his interest by good
management to keep it in condition; accountable however to the court
of chancery, and to the _non compos_ himself, if he recovers; or
otherwise, to his administrators.

[Footnote s: 3 P. Wms. 108.]

[Footnote t: 2 P. Wms. 638.]

IN this care of idiots and lunatics the civil law agrees with ours; by
assigning them tutors to protect their persons, and curators to manage
their estates. But in another instance the Roman law goes much beyond
the English. For, if a man by notorious prodigality was in danger of
wasting his estate, he was looked upon as _non compos_ and committed
to the care of curators or tutors by the praetor[u]. And by the laws
of Solon such prodigals were branded with perpetual infamy[w]. But
with us, when a man on an inquest of idiocy hath been returned an
_unthrift_ and not an _idiot_[x], no farther proceedings have been
had. And the propriety of the practice itself seems to be very
questionable. It was doubtless an excellent method of benefiti