1 58 ' Parens Patriae. — Idiots. [Ch. IX , Sec. I. gative in question was not obtained by some previous non-ex- isting statute (a). It is clear that antiently tlie custody of idiots and their lands was vested in the lord of the fee (b) ; (and therefore still, by special custom, in some manors the lord shall have the ordering of idiot and lunatic copyholders (c);) but by reason of 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 re- ducing himself and his heirs to poverty and distress {d). This prerogative is generally, but not necessarily, exercised by the person who has the custody of the great seal. It may be delegated to any other person (e) ; and even when granted to the Chancellor, as it almost universally has been, a special authority, under the royal sign manual, seems neces- sary ; for such authority does not appear to form a part of the Chancellor's general jurisdiction (y). This warrant confers no jurisdiction, but merely a power of administration ; and if that power be abused, or any erroneous order to be made under it, the appeal is not to the House of Lords, but to the King in Council {g). Where the persons of idiots or lunatics are amenable to the Chancellor's jurisdiction, the circumstance of their property being out of the jurisdiction is not material {h) ; nor is the jurisdiction lost merely by their being abroad (i), for the jury may be satisfied of the party's state of mind without an inspec- tion; and a person found a lunatic by a competent jurisdiction abroad, may be considered a lunatic here {k). As an idiot's recovery is, in legal contemplation, as well as in point of fact, improbable, the guardian under the King's authority is more than a bailee {I), and may make grants from time to time of the idiot's property (w). And, though the point has been (n) See 2 Inst. U. Fleta, page 6, (g) Ibid. 2 Ves. Jun. 7, 72. 3 Atk. sect. 10. Bac. Ab. title Idiots, C. 635. 6 Bro. P. C. 329. 1 Fonbl. Tr. (b) Fleta, 1. 1. c. 11. s. 10. F.q. 55, note, 3d ed. (c) Dyer, 302. Hiitt. 17. Noy. 27. (A)Ambl.80. id) F. N. B. 232. 1 Bla. Com. 303. (?) Ibid. 139. • (e) 1 Bla. Com. 303, and next note. (A) Ex parte Gillam, 2 Ves. Jun. 588. (/) 3 P. Wms. 108. 2 Atk. 553. 2 (/) 1 Fonbl. Tr. Eq. 3rd. ed. 56, 57. Fonbl. Tr. Eq. 228, note, 3d ed. Bac. (m) 3 Atk. 635, 1 Fonbl. 55. Ab. title. Idiots, C. 3 doubted,
