case ex part roberts in November among the lunatic petition S c post where  there be any misbehaviour in the execution of a inquisition of lunacy the  court upon examine into it may if they see cause quash it and direct a new  commission Lord chancellor this be a complaint upon these ground first  misbehaviour of the commissioner second misbehaviour of the jury three the  find of the verdict as to the first part of the complaint against the  commissioner it appear to be groundless and vexatious as to any misbehaviour  in the jury the evidence be very slight and be entire answer for it appear  that Mr Robert counsel desire he may dine again with they the other part of  the petition deserve more consideration atkins it be object to as a verdict  against evidence but I think there be nothing satisfactory in the affidavit to  induce I to be of that opinion if it be not against evidence then the next  question be in what method it must be go into there can be no melius to seek  after for that be only grantable on the part of the crown but where there be  any misbehaviour in the execution of a inquisition it must be examine into and  if the court see cause they may quash it and direct a new commission but a  melius to seek after be for the crown who can traverse as the subject can but  what ground be there for I to quash the present inquisition the commission be  very solemnly grant upon inspection and what will be the consequence if I  shall quash it it be impossible to have a inquisition more solemnly take and  at last no body will be bind by it this will be only put the party to a  useless expense the question therefore be whether there be any ground to do  any thing and what as to the ground I do not see sufficient from the affidavit  but from the second inspection I think there be he have certain appear much  better than he do at a former inspection and his appearance now do not prove  he to be either a fool or madman and it be not put upon his be a idiot  fitzherbert naturan narrow places prove that it be a common method to inquire  by inspection after a inquisition return and there have be many case of that  sort but if upon inspection the chancellor be at all doubtful there ought to  be some better method of determine it and the saint of Edward ch sect seem to  be make for that purpose if any person be or shall be true find lunatic c be  it enact that every it person and person grieve or to be grieve by any office  or inquisition shall and may have his or their traverse to the same immediate  or after at his or their pleasure and proceed to trial therein and have like  remedy and advantage as in other case of traverse upon true inquisition or  office find but it be object that if the party be by law entitle to a traverse  he have no need to apply to this court and that be my apprehension when first  it be open but sir John cut his case in lie make it more doubtful whether he  have such a right however without the leave of this court the custody atkins  can not be suspend and that seem to be the reason of the order by Lord king in  the case of mrs Smithie upon the make of the second of which she appear in  court the question therefore be whether I shall grant leave for the lunatic to  traverse or not upon reasonable term I be Willing to put it in some method of  inquiry and it atkins er p will be for the advantage of all party for if I  grant the custody the committee must bring a bill to set aside the settlement  which he have make of his estate and doctor Finney will have a right to insist  upon the validity of it so that a issue must be direct to try it and such a  issue will be a great expense to the party than a traverse and therefore I ask  whether doctor Finney will submit to be bind by the traverse for though it  will be bind against A/Ir Robert it will not be so against doctor Finney as to  the grant of the custody of the land who claim as a purchaser it have be  object that great mischief will arise in case the grant of the custody shall  be suspend and it be say that then there will be a traverse take in every case  and to be sure great mischief will arise if it shall be light come into by the  court yet there be many case where notwithstanding the find the court have  suspend the custody and there be a case before I late of that sort and here  can be no great inconvenience from suspend it in the present case for if any  thing be do in regard to the estate it will abide the event of the traverse  however be any ill use shall be make of it I shall suspend it only till  further order vide ex part Barnsley atk Mr attorney general have cite sir John  nappers case Trin term and in which there be a traverse and Smithies case in  which be a motion for leave to traverse by attorney which be oppose but he say  it be there agree that a traverse be give by Edward but that it must be in not  common with others mask and Lord chancellor order to be attend with precedent  which he say be only to show in what way the traverse be to be and afterward  many precedent be show but there be no case where a idiot have traverse by  attorney though many where a lunatic have therefore Lord chancellor in that  case think that it be the case of a idiot she must appear in person which she  do accord and leave be give her to traverse vide stone case in Tremaines plea  of the crown a precedent of a traverse and for the doctrine of traverse a  inquisition vide   b the case of the commonalty of the saddler and   parish  Stoughtors case sir t Jones shower S c Skinner S c atkins vide h by which  there ought to be a month time between the return of the inquisition and the  grant of the custody and land in order for the party to come in and tender  such traverse