coke Report123b beverley case OF non compos chin pasch James in the king bench  see imperial loan company v stone Q b in re walker Ch every deed feoff or  grant which any man non compos mention make be voidable not by himself but by  his privy in blood or in representation it be a express maxim of the commonlaw  that the party shall not disable himself he shall have no relief in any court  of equity if a man non compos chin levy a fine or suffer a recovery or  acknowledge a statute or recognizance neither his heir nor his executor shall  avoid they for these be matter of record notam one non compos chin can commit  petit treason murder or felony but in some case he may commit high treason the  four manner of non compos chin how a idiot and one non compos chin shall  appear to a action difference between a estate make in person and by attorney  act do during a lucid interval be bind drunkenness of a party be no excuse for  his offence when laches shall prejudice a idiot or one non compos chin by the  civil law the act of idiot and non compos chin without their tutor void d in  equity whatever be sufficient to put a purchaser upon enquiry be good notice  smith v low atk tailor v Hibbert Ves jun and by Lord chancellor Eldon Allen v  Anthony Meriv it be so far settle as not to be dispute that a person purchase  where there be a tenant in possession if he neglect to inquire into the title  must take subject to such right as the tenant may have Vid full upon this  subject Sugdens vend and Purch that edit coke report a er p construction of  the stat de Prearogativa king cap alienation by fine or recovery shall bind  the idiot the king be not entitle to the custody of the copyhold land of idiot  alienation before office find shall be avoid after office find both in the  case of a idiot and of one of sound memory become non compos chin the king  have no interest in the lunatic as he have in the idiot one provide by the  king to take charge c of non compos chin be but a bailiff and Accountable as  such in a bill depend in the court of request between snow plaintiff and  Beverley defendant the matter be that snow have make a bind to the defendant  in and in the say court will be relieve because at the time of the make of the  say bind he be non compos chin and this term I move the court of king bench to  have a prohibition to stay the say suit in the court of request because the  matter be not determinable there and upon this case two point upon argument  and on good consideration be unanimous resolve per tot cur that every deed  feoff or grant which any man non compos chin make be avoidable and yet shall  not be avoid by himself because it be a maxim in law that no man of full ge  shall be in any plea to be plead by he receive by the law to a stultify  himself and disable his own person as appear by Littleton lib cap descent fol  and therewith agree h b e ass and there another cause be give know because  when be recover his memory he can know what he do when he be non compos chin  dly if the commonlaw have give a writ of non compos chin to he who have  recover his memory after alienation certain the law will have give he remedy  for the maintenance of himself his wife child and family although he recover  not his memory but continue non compos chin and it must be know that this  disability to disable himself as to some person be personal and extend only to  the party himself and as to other person be not personal but shall bind they  also and as to that know that there be four manner of privity b know privity  in blood as heir privity in representation as executor coke Report124a or  administrator who as Littleton say fol b represent the c person of the  testator or intestate mark dyer agree privity in estate as a gift in tail the  reversion or remainder in fee c privity in tenure as lord by escheat and two  of they which be privy only may disable he who be non compos chin and shall  avoid his deed grant or feoff and two not for privy in blood may show the  disability of the ancestor and privy in representation the infirmity of the  testator or intestate but neither privy in d estate nor privy in tenure shall  do it and therefore if donee in tail be non compos chin make a feoff in fee  and die without issue be in reversion or remainder shall not enter or take  advantage of the insanity of the donee the same law of lord by escheat if his  tenant be non compos chin make a feoff in fee and die without heir he shall  not avoid it but there be some act do by a man non comp chin which none of  they shall avoid and therefore if be levy a fine or suffer a recovery e or  acknowledge a statute or recognizance neither his heir nor his executor shall  avoid it for these be matter of record which shall not be avoid by a bare  averment of non compos chin for the inconvenience which may thence ensue also  such averment be against the office and dignity of the judge for he ought not  to take any conusance of a fine or recognizance of he who be non compos mentos  e fine ass e mark title dumb to be infra lifetime e saver default it be  resolve that it be against a express maxim of the common a jenk cent f n b d f  n b a roll Br faits Fitzherbert issue Cr Elizabeth godb   light a b Br dumb to  be begin Fitzherbert lifetime Br Entre congeable light a b light sect b   a    b   light a I Jones Inst c light sect   light b a d   a roll Rep Bulstr Inst e  Br fine levy c Inst   Cr Elizabeth   light a Perk sect case in law c coke  report a er p law that the party shall not a disable himself that he shall not  have for it relief in aDe court of b equity for that will be in subversion of  a principle and ground in law quod notam and coke the king attorney be of  counsel with Beverley and Herle the king sergeant with snow a notam reader a  jenk cent Cr Elizabeth f n b d roll Br faits Fitzherbert issue godb   light a  b Br dumb to be infra lifetime Br entry coligeable light sect light a b b roll  Rep a with respect to fine idiot lunatic and general all person of nonsame  memory be incapable of levy fine and the statute de modus to lift up fine  express direct that person of this description shall not be permit to levy a  fine but still if the judge or commissioner allow they to lie a fine it can  never afterward be reverse by a averment that the cognizors labour under any  of those disability because as Lord Hobart observe needler v bishop of  Winchester hob the law find they not so disable nor admit the averment of such  disablement because it be certify by invincible and indisputable credit of the  judge that they be perfect and able person it be better to admit a mischief in  particular even against the law of nature than a inconvenience in general and  such party shall not be disable to limit the use which be but as accessary to  the fine ib Hugh lewings case Rep mansfield case Rep Anders Lister v Lister  barn beckwith case ante Vol I p and with ex part Southcot Ves but a court of  equity will interpose its authority in case of this kind and not suffer the  declaration of use of a fine levy by a idiot or lunatic to bar his heir  Addison v Dawson vern and tide Robert case atk cruise dig d edit the same law  be applicable to a idiot or lunatic suffer a recovery vide sir butler  wentworth case cite ex part Southcot Ves and ill Robert case atk where it be  hold by c b that the deed make the lunatic tenant to the praecipe be void with  respect to other act do by a non compos Fitzherbert nat short catalog argue  strong that he may plead his disability to avoid his own act and sir William  Blackstone in his commentary Vol two p where the progress of the opinion on  this subject be critical state consider the opinion of Fitzherbert as well  find in Thompson v leech comb SC r salk ld raym holt Com Carth Mod f the court  take this distinction that the feoff of a idiot or non compos be only voidable  because of the solemnity of the livery be do upon the land and in view of the  country and the feoff may have afterward a confirmation of his title by way of  release with warranty but by a bargain and sale or surrender c nothing passes  but that which lawful may and therefore such conveyance by a lunatic or idiot  will be mere void so also if non compos shall grant a rentcharge and the  grantee shall distrain for it he may have trespass although in Stroud v  martial cro Elizabeth it be hold that to debt on bind a plea that defendant be  de non sane memory be bad yet in the case of Thompson v leech as report salk  the court hold the bind of non compos to be void but that non be factum can  not be plead to it because the cause of nullity be extrinsic in Yates v bow  strange bull n p the court hold bat lunacy may be give in evidence under a  plea of non be factum which if the law be as correct as it be reasonable lie  down that the bind of non compos be mere void inasmuch as the deed be impeach  on account of the invalidity of the execution be the correct mode of avoid the  deed vide note c Whelpdales case Vol III p Even a more equivocal mental  alienation have be permit to be give in evidence under non be factum for the  purpose of avoid a bind thus in bullers n p it be say in a action on a bind  the defendant man that give in evidence under non be factum that he be make to  sign the bind when he be so drink that be do not know what he do in cook v  Clayworth Ves sir W grant m r say as to that extreme state of intoxication  that deprive a man of his reason I appre coke report b er p that every act  which a man non compos do either concern his life his land or his good also  every act which he do be either in pais or in a court of record all act which  he do in a Coart of record either concern his land or good shall bind himself  and all other for ever all act which he do concern his land or his good in  pais in some case shall bind himself only during his life and in some case  shall bind for ever as have be say but as to his a life the law of England be  that he shall not lose his life for felony or murder because the punishment of  a felon be so grievous see to lose his life to lose his life in such odious  manner i e by hang for he shall be hang between heaven and earth as unworthy  of both he shall lose his blood as to his ancestry for he be as a son of the  earth without any ancestor and as to coke Report124b his posterity also for  his blood be corrupt b and he have neither heir nor posterity his land his  good b and in such case the king shall have annum diem et empty to the intent  that his wife and child shall be eject his house pull down his tree eradicate  and subvert his meadow e plough and all that he have for his comfort delight  or sustenance waste and destroy because he have in such felonious manner  offend against the law and all this be ut d penalty ad few metus ad all men to  come up but the punishment of a man who be deprive of reason and understanding  can be a example to other No felony or murder can be commit without e a  felonious intent and purpose et therefore dict be felon because become debet  felleo mind but full of madness non to come to know quid stir about et mind et  ration caret et non multum to stand apart a bride as Bracton say and therefore  be can have a felonious intent vide h as f n b d Stamf pl Coron b also for the  same reason non compos chin can commit petit treason as if a woman non compos  chin kill her husband as appear h forfeiture but in some case non compos chin  may commit high treason as if be kill or offer to kill the king it be high  treason for the king be caput et salus republic et a capite good good health  transit in all men and for this reason their person be so sacred that none can  offer they any violence but he be party in law suit hend that even at law it  will invalidate a deed obtain from he while in that condition and in Pitt v  smith camp Lord Ellenborough say intoxication be good evidence upon a plea of  non be factum to a deed of non to go away to a grant and of non assumpsit to a  promise and vide butler v Mulvihill and other Bligh pothier on contract Edward  Evans Vol I p Vol p in the ecclesiastical court a party who be insane at the  time of contract a marriage may himself institute a suit to set aside his  marriage on the ground of his own incapacity at the time twiner v Heyers I  Hagg and in that case sir William Scott say I conceive it be perfect clear in  law that a party may come forward to maintain his own pass incapacity and also  that a defect of incapacity invalidate the contract of marriage as well as any  other contract and the committee of one non compos may also institute a suit  for nullity of marriage on account of the allege incapacity of the party at  the time of contract it phillim and vide ex part turing Ves and beam by stat  Geo c idiot lunatic and person non compos chin or their committee or the  person to be appoint by virtue of the Act be trustee or mortgagee be  compellable to convey under the direction of the court of chancery and all  such conveyance be declare to be good and valid a roll Rep hob blow a roll Rep    light b he b Br coroner Stamf cor b Fitzherbert cor go godb b corruption of  blood take away except in high and petit treason and murder Geo c b   light a  roll re Inst blow b Stamf cor a b c   light b d Inst e blow a hob roll f roll  Rep dalt just hale pl cor Inst godb coke report a er p triminis to hurt  grandeur et to pass away One ne to pass away all men c and it must be know  that there be four t manner of non compos chin idiot or fool natural he who be  of good and sound memory and by the visitation of God have lose it S Lunaticus  who to rejoice elucidate interval and sometime be of good and sound memory and  sometime non compos chin by his own act as a drunkard and it have be say that  there be great difference between a idiot a birth and he who be of sound  memory and become by the visitation of God of unsound memory for a idiot be  know by his perpetual infirmity of nature birth for be never have any sense or  understanding to contract with any man but be who be of good memory and  understanding and able to make a contract and afterward become by infirmity or  casualty of unsound memory be not so well know to the world as a idiot natural  also a idiot in a action bring against he shall appear in proper a person d  and he who plead best for he shall be admit as appear in h b otherwise it be  of he who become non compos chin for he shall appear by guardian if he be  within age and by attorney if he be of full age but yet as to estate or gift  make by they they themselves by any plea that they can plead shall not avoid  they no less the idiot than he coke Report125a who become of unsound memory  and be the feoff or gift make by they in person or by attorney they themselves  shall never avoid it either by entry or by action for it appear by the say  maxim that they can stultify b or disable themselves for if they shall avoid  thing which they do by attorney they themselves ought to show that they be  then idiot or of unsound memory but yet as to other there be a great  difference between a estate make in person and by attorney for if a idiot or  non compos chin make a feoff in fee in person and die his heir within age he  shall not be in ware or if he die without heir the land shall not escheat as  be aforesaid but if the feoff be make c by letter of attorney although the  feoff shall never avoid it yet after his death as to all other in judgement of  law the estate be void and therefore in such case if his heir be within age be  shall be in ware or if he die without heir the land shall escheat and that be  the true reason of the book in h b and h and like the case of a d infant if be  make a feoff in person if he die without heir the land shall not escheat but  otherwise if it be make by letter of attorney but the infant himself shall  avoid it but so shall not the other but act do by matter of record as fine t  recovery judgement statute recognizance c shall bind as well the idiot as he  who become non compos chin a e saver default mark title dumb to be infra  aetetatem also of a lunatic all act which he do during his lunacy be  equivalent c coke in the three Inst after observe that the ancient law be as  express above observe that now by the statute Edward and by force of these  word fait compasser you imaginer la mort he that be non compos can commit high  treason but that it must be a absolute madness and a total deprivation of  memory the law be now settle that idiot and lunatic be not punishable by any  criminal prosecution whatsoever for act commit when under these incapacity  black Com hawk p c c S vol p I hale p c   light a Ves a   light b f n b Br  idiot Stamf Prmrog a d if the idiot have be allow however irregular to plead  by attorney and the party proceed to trial the verdict and judgement will be  bind upon he Dennis v Dennis sand b jenk cent Cr Elizabeth f n b d roll before  b Br faits Fitzherbert issue godb   light a b Br dumb to be infra aetetatem Br  entry congeable light sect light a b c f n b e Br feoffm d   b   b Inst die pl  e a h b h b Bulstr before a Cr Elizabeth   light a Perk sect Inst Br fine levy  c   a before a coke report a er p to act do by a idiot or he who be utter non  compos chin but act do by he inter lucida intervalla when he be of sound  memory shall bind he last he who be b drink be for the time non compos chin  but his drunkenness do not extenuate his act or offence nor turn to his avail  but it be a great offence in itself and therefore aggravate his offence and do  not derogate from the act that he do during that time and that as well in case  touch his life his land his good as any other thing that concern he when and  in what case laches shall prejudice a idiot or non compos chin some have take  a difference between a bar of his right and a bar of his entry for in case of  bar of his right his laches shall not prejudice he but in such special case if  he become of unsound memory he shall show that he be non compos chin as if a  man non compos chin be seize and the seize levy a fine in this case at the  commonlaw although the day and year be pass yet he who be non compos chin  shall not be thereby bind but he may well enter and that they say be prove by  the statute de modus c to lift up fine make year e which be but a declaration  of the commonlaw know that a fine be so high a bar and so great force and of  so strong a nature in coke Report125b itself that it bar not only those who be  party and privy to the fine and their heir but all other people of the world  who be of full age out of prison and of good memory and within the four sea  the day of the fine levy if they put not in their claim by their action or  entry in the country within the year and the day by which it appear that no  laches of a man non compos chin shall bar he of his right also it appear by  the statute of h cap that in such case if a man levy a fine with proclamation  and at the time of the fine levy he who have right be non compos chin and  afterward he recover his memory in this case he ought to pursue his action  within five year after he become of sound memory and in such case in plead he  shall show that at the time of the fine levy he be non compos chin and all the  special matter but if he who have such right be a idiot or non compos chin and  never recover his memory the heir may have his action or make his entry when  he will for he be except out of the body of the Act and be not bind to make  any entry or bring his action within any time but the party himself if he  recover his memory the same law if he who be beyond sea at the time of the  fine levy and die there his heir may enter or bring his action when he will  and in such case the lord by escheat shall take advantage of non compos chin  infancy imprisonment or be beyond sea of his tenant for if there be lord and  tenant and the tenant be seize and the seize levy a fine the disseizee be then  within age or non compos chin or in prison or beyond sea and afterward the  seize take back a estate to himself in fee and afterward the disseizee within  age or non compos chin or in prison die without heir the lord by escheat shall  take advantage of every of they against the seize so if a collateral warranty  descend upon one non compos chin which he may have avoid by entry but a idiot  or non compos chin by their laches shall be bar of their entry and therefore  if they be seize and the seize die seize it shall toll their entry but after  their death their heir may enter and take advantage of the infirmity of their  ancestor and his laches which shall prejudice himself shall not prejudice his  heir of his entry and all this appear by Littleton lib 3 cap descent fol for  Littleton say no laches can be adjudge by the law in he who have no discretion  in such case know have regard to his heir and so be the difference as to that  which be common be common object that the civil law in this point be ground  upon great reason than the commonlaw for by the civil law all act which idiot  or non compos chin do without their tutor be utter void and this seem to some  more reasonable than the commonlaw because he who be a idiot coke Report126a  or non compos chin want discretion and understanding and that come by the act  and visitation of God therefore they say God forbid that his act or laches  during that time shall bind he other conceive that the ancient commonlaw agree  with the civil law in b   light a blow a c   light a b blow b Inst a Plowd a  light sect con claim fol coke report b er p this case for Bracton lib fol I  say full of madness autem stipular non to be able nee some pain field because  non to come to know quod stir about and therefore it seem unreasonable that  act do by they who have no discretion nor the use of reason who as Bracton say  non multum distant a bride who ration caraway shall bind themselves and  therefore it be as be common say a great defect in law that no tutor be assign  to they by law who may protect they and principal their inheritance as to that  it must be know that the law of England have provide for they a tutor and have  make provision for the preservation of their inheritance and their good also  and therefore in the case of a idiot or fool natural for who there be no  expectation but that he during his life will remain without discretion and use  of reason the law have give the custody of he and all that be have to the king  who as f n b say be bind of right by his law to defend his subject and their  good and chattel land and tenement and because every subject be in the king  protection a idiot who can defend or govern himself nor order his land and  tenement good and chattel the king of right ought to have he and to order he  his land good and chattel and this it appear be the commonlaw for Briton fol  who write year e say that if any heir be a fool natural by which he be not  able to demand and keep his inheritance c that such heir of whosoever they  hold male or female remain in the custody of the king with all their  inheritance and thence it follow that the stat of ask first king cap make in e  long time after Briton write be but a declaration of the commonlaw and  therewith agree b to know facias where it appear by the say stat ask first  king quoad king to have custodiam the earth fatuor natural to take in hand  exitus earundem without to make empty et destruction et to come upon the dawn  necessarian svan de pron  interrog  feod terrae that to be et post death the  same To give back she virtue heir ita quod not at all per the same fool aliene  nee quod eastern haeredes exhaeredentur upon these word I observe diverse  thing that the law give the king but the custody of the land of the idiot that  although it continue during the life of the idiot yet have but the custody the  king have not the freehold in he but the freehold be in the idiot for the  statute say quod post death the same To give back she virtue heir and that  appear also in e and e saver default although the stat say custodiam the earth  yet the king shall have as well the custody of the body and of their good and  chattel as of the land and other hereditament and as well those which he have  by purchase as those which he b have as heir by the commonlaw e that he ought  to be a idiot a birth see fatuus physical scientist and do by accident or  infirmity that no feoff gift lease or release that a idiot can make of his  inheritance but may be avoid during his life which appear by these word ita  quod not at all per the same fool aliene nee quod the dawn haeredes  exhaeredentur suppose then that a idiot above the age of year make a feoff in  fee of his inheritance if you ask how and in what manner it may be avoid  during his life answer that if it be find by office at the a king suit that he  be idiot a birth and that he have alien his land then upon a to know facias  against the alienees the land shall be seize into the king S hand and thereby  the inheritance shall be revested in the idiot e Sci fac e Sci fac t ass for  the statute say quod post death the dawn To give back she virtue heir which  the king can lo neither can the king have the possession of the land to his  own use unless by the office and the seizure such conveyance make by the idiot  be destroy and that do not impugn the say maxim of the commonlaw for in this  case the idiot in do plea that be can plead shall disable b or stultify  himself but all this be find by office by the inquisition e Vid Mr Fonblanques  note l treatise on equity Vol p et seq a jenk cent   light a   a roll Rep godb  f n b e Stamf ask first b before b Br avoid Br idiot Br travers de office  before Br feoff de c   a b jenk cent Cr Elizabeth f n b d roll Br faits  Fitzherbert issue godb   light a b Br dumb to be infra lifetime Br entry  congeable light sect light a b coke report a er p and verdict of man at the  king suit who be not conclude to speak the truth and such office when it be  find shall have t relation a tempore birth to avoid all mean act do by the  idiot as feoff release c and therewith agree e c Sci fa and Stamf ask first b  f n b e but notwithstanding the word of the say Act be general and emphatical  nullaten aliene yet if he alien by fine a or recovery it shall bind he as have  be say for the cause aforesaid and so after such office find all gift make by  he of his good or chattel and all bind make by such idiot be utter void and  after such office find if the idiot be sue in any action upon any bind or  write that he have make the king by his writ so long as the office stand in  force recite the office shall send a supersedeas to the justice where the suit  be commence but the king shall not have the custody of the land which a idiot  hold by b copy f for that be but a estate at will by the commonlaw and if the  king shall have the custody of it it will be a great prejudice to the lord of  the manor but yet a alienation make by a idiot of his copyhold after office  find shall be avoid vide Elizabeth dyer and that the king shall have the  protection of the good c and chattel of a idiot as well as of his land appear  by f n b b where he say that if a idiot who can defend or govern himself nor  order his land tenement good and chattel the king of right ought to have he in  his custody and to protect he and his land good and chattel and this appear  also by the writ in the ring de idiota to seek after where it be say because d  to take without effort quod I de b fatuus et ideota step forth ita quoth  control coke Report127a Himself Self the earth property honor et catallorum to  sew non be sufficient et quod ipse in fatuitate svan great parten the earth et  tenementor to sew to make strange et etian great parten honour et catallor to  sew to spread abroad in exhaeredationem svan et our men prejudic manifest our  indemnitati Self in here part she that takes care willing c by which it appear  that by the commonlaw the king shall have as great protection of the good and  chattel of a idiot as of his land and that as well the consumption of his good  and chattel as the alienation of his land be to be remedy and redress by the  king to who the law give his custody and protection and as after office find  be can alien give c so alienation gift c make before office find shall be  avoid after office thereof find as be aforesaid for no laches shall be account  in the king nor no prejudice thereby accrue to the idiot for not sue of the  office before the feoff or gift but if the idiot die before office find after  his death no office can be find for the word of the writ be et Self way et  manner who sit er position his melius potenia to shape circumspect to weigh c  which can be do when he be dead and without office the king can be entitle g e  livery and then the former difference as to his land and good bold the same  law if a man who be of sound memory become non compos chin and afterward alien  his land or good or chattel and afterward by office at the king suit it be  find that he be non compos chin and that he have alien c the king shall  protect he who can protect himself as be aforesaid and shall take the profit  of his land and of all that he have which the king can not do if his  alienation or gift shall stand and therewith maintain he and his family but  the king shall not take any part of the say profit to his own use and all this  appear by the stat of ask first Reg cap   a a Cr Elizabeth   light a Perk sect  Br fine levy c Inst b hard style f now by stat Geo c and Geo c the copyhold  estate of person find lunatic be place under the direction of the Lord  chancellor Vid note to Watkins on copyhold vol p Edit by Mr Coventry c Stamf  bring a d f n b b g in ex part Southcot Ves Lord Hardwicke observe as to what  Lord coke say in beverley case the reason give there be not the right or true  reason for there will be no fruit of a commission of lunacy or idiocy against  a person dead and with Fonblanques treatise on equity p coke report b er p  which be but a declaration of the commonlaw item king to see in advance c et  notam that the say word of f n b that the king be bind of right by his law to  defend his subject and their good and chattel land and tenement extend as well  to non compos chin as to and idiot but in case of non compos chin the king  have not any interest in the lunatic as he have in the idiot because the  lunatic may recover his memory which he have lose and therefore in the case of  the idiot the law say king to have custodiam but in the case of non compos  chin king to see in advance and as to alienation make by non compos chin the  word be all one as they be in the case of the idiot know ita quod pillage land  et property infra pillage time not at all aliene and therefore after the  office find thereof the alienation gift c of he who be non compos chin be in  equal case with the alienation or gift of a idiot and the say word of the say  writ in the register because to take without effort quod I de b fatuus et  idiota step forth c extend as well to non compos chin as to a fool natural  coke Report127b for afterward in the same writ it be say carefully to seek  after si idem I fatuus et idiota sit or not et si sit tunc utrum a birth svan  a ab elsewhere tempore et si ab elsewhere tempore tunc a quo tempore et as et  quomodo et si elucidate to rejoice interval et si idem I in eoden position to  step out land or property aliquan to make strange or not c so that it appear  that in judgement of law fatuus et idiota include as well non compos chin as  idiota a birth and therefore they be in the same case as to the alienation of  their land and tenement good and chattel hill h rot in c b the case be in  trespass quare enclosed space to break in pieces and cut his tree in  Paddington in the county of Middlesex per johan Francis versus will Holmes the  defendant plead that it be find by office before the escheator in the say  county of Middlesex that the say John Francis be a lunatic c and that he be  seize in fee of the land in which c wherefore the king seize his person and  his land and by his letter patent grant the rule custody and government of the  same person and of his land to the say Holmes Interrog  that the person be  lunatic to take the profit to his own use and so justify and pray in aid of  the king and thereupon it be demurrer in law if he shall have aid or not and  it be adjudge that he shall not have aid of the king for this grant be utter  void for the king be bind to keep the say lunatic his wife child and household  with the profit of the land and without take any thing to his own use but all  to the use of non compos chin and his family and all this to the intent that  the king may provide that he who want reason shall not alien his land nor  waste his good and the king after office find have only provision and have not  any custody or possession of the body or land of one non compos chin as he  have of a idiot and he have nothing to grant over but if the king provide one  to have care and charge that he who be non compos chin and his family shall be  maintain and that nothing shall be waste or if one of his own bead take so  much upon himself in this case he be but as bailiff of he who be non compos  chin and shall be Accountable as bailiff to he who be non compos chin or to  his executor or administrator and he can cut down tree but for necessary  housebote ploughbote and cartbote and to repair ancient pale and all that  which a bailiff may do he may do and not otherwise and therewith agree a writ  in the register direct to the sheriff carefully to seek after utrum I de b a  birth of oneself tempore scraper as far as this purus idiota step forth per  quod custodiam the earth et property of oneself in c ad our to withhold to  stretch out a per infortun well elsewhere modus in hujusm weakness postea  incident near quod hujusmodi custodiam ad our to stretch out non to withhold  and so by these difference annex you will understand coke Report128a your book  e fine e title entry congeable Strathan e formedon e e to know facias and as  well e to know facias ass e ass ass ass h h e f n b and Stamf p bract lib fol  et lib fol Britton fol brook title dumb to be infra lifetime and diverse writ  in the register fol and which be agreeable with the true reason of the  commonlaw notam reader idiota sive idiot be a Greek word and proper signify a  private man who have not any public office at latino take for illiterate and  simple at jurisperit our men non compos chin at Anders more c n bendl die pl  Fonblanque Sch and Lef Ves jun hut coke report a er p the Angli in common  speech a natural fool fatuus particularly to say a that may be spoken because  to speak quoth puer primo to speak id be because inept to speak send at  jurisperit our men take pro non compos chin et fatuus to say who entirely act  foolish fool to say a stupor because fool be who near numbness to move lightly  be be slultum how fool know ignorant improvident ignorant mali et good insanus  who throw away ration in all respects cum attack et furore compose amen ab a  who be small part privativa et mente id be council et mind weigh out be who  non think quid stir about or to speak de be small part privativa amen who  forwards be mad Arist ethicorum throwingstrap to say who a naturan expert  account solum a perceiving service exequi