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 intruded[1], 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 ſeldom 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[2]. 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.
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[3]. And by the laws of Solon ſuch prodigals were branded with perpetual infamy[4]. But with us, when a man on an inqueſt of idiocy hath been returned an unthrift and
- ↑ 3 P. Wms. 108.
- ↑ 2 P. Wms. 638.
- ↑ Solent praetores, ſi talem hominem invenerint, qui neque tempus neque ſinem expenſarum habet, ſed bona ſua dilacerando et diſſipando profundit, curatorem ei dare, exemplo furioſi: et tamdiu erunt ambo in curatione, quamdiu vel furioſus ſanitatem, vet ille bones mores, receperit. Ff. 27. 10. 1.
- ↑ Potter. Antiqu. b. 1. c. 26.
