of his lands was formerly veſted in the lord of the fee[1]; (and therefore ſtill, by ſpecial cuſtom, in ſome manors the lord ſhall have the ordering of idiot and lunatic copyholders[2]) but, by reaſon of the manifold abuſes of this power by ſubjects, it was at laſt provided by common conſent, that it ſhould be given to the king, as the general conſervator of his people, in order to prevent the idiot from waſting his eſtate, and reducing himſelf and his heirs to poverty and diſtreſs[3]: this fiſcal prerogative of the king is declared in parliament by ſtatute 17 Edw. II. c. 9. which directs (in affirmance of the common law[4],) that the king ſhall have ward of the lands of natural fools, taking the profits without waſte or deſtruction, and ſhall find them neceſſaries; and after the death of ſuch idiots he ſhall render the eſtate to the heirs; in order to prevent ſuch idiots from aliening their lands, and their heirs from being diſinherited.
By the old common law there is a writ de idiota inquirendo, to enquire whether a man be an idiot or not[5]: which muſt be tried by a jury of twelve men; and, if they find him purus idiota, the profits of his lands, and the cuſtody of his perſon may be granted by the king to ſome ſubject, who has intereſt enough to obtain them[6]. This branch of the revenue hath been long conſidered as a hardſhip upon private 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[7]. 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.
