A man is not an idiot[1], 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[2]; he being ſuppoſed incapable of any underſtanding, as wanting all thole ſenſes which furniſh the human mind with ideas.
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[3]) 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 judged by the court of chancery 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 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.
