case PRODGERS against Frazier the king may grant the custody of a idiot his  land and good to another without security to account but in the case of a  lunatic the grantee must account SC I Eq Abr SC I vern SC Ch case SC show SC  Bac Abr skin   more and bend dyer vern wright ten a inquisition of office find  the party to be a idiot for the space of eight year be good for the Iatter  word shall be reject as surplusage lie   show Mod vern vern stram Bac Abr Peer  wms Peer wms Peer wms Prec Ch dyer b b b the king grant of the custody of a  idiot passes a interest to the executor of the grantee skin vern Ch case Com  dig idiot c show Bac ab case t t Peer wms trespass the defendant plead that  before the time of the trespass suppose to be commit Bridget Dennis be seize  in fee of the land in question who by writ de idiota inquirendo be find to be  a idiot not have any lucid interval per interval eight a year c by virtue  whereof the king be entitle who grant the custody to sir Alexander Frazier who  die and that the defendant mary Frazier be his executrix the plaintiff reply  and confess the idiocy but that the king grant the custody of the idiot to the  plaintiff and upon this replication the defendant demurrer in this case it be  agree by the counsel on both side that the king by his prerogative have the  sole interest in he of grant the estate of a idiot to who he please without  any account see Edward c a but it be otherwise in case of a lunatic for there  the grantee shall have nothing to his own use but must put in security to  account to the lunatic if ever he come to be capable or else to his executor  or administrator see Francis case more the case of Sheldon v fortescue Peer  wms Rochfort v the earl of Ely brown par c kipe v palmer will b but the  question that do arise in this case be first that there be not sufficient  title find for the king for by the inquisition the idiot be find to be so per  interval eight a year c which be uncertain because before that time she may  have lucida intervalla and then she can be a idiot modern without be natural  so therefore the jury ought to have find her a idiot a birth for that be the  only matter which vest a interest in the king but it be answer and agree by  the court that the find her to be a idiot be sufficient without the addition  of any other word and therefore per interval eight a year shall be surplusage  for in this case word be not so much to be regard as the reason of the law  which do not allow of idiocy otherwise than a birth but suppose a seem  uncertainty in this office find yet it be say general that she be a idiot the  subsequent word shall not hurt because the general find shall be take in that  sense which be most for the advantage of the king as for example it be find by  office that a person die seize of two manor and that he hold one of the queen  by knight service general and the other of a mesne lord in chivalry which be  the same tenure now it be hold that the first general find shall be intend  knight service in capite because it be most for the king benefit that he may  thereby be entitle to the wardship of the heir who be find to be under age  modern er p second whether the grant of the custody of a idiot will pass any  interest to the executor of the grantee because such a grant carry a trust  with it and the king may have some knowledge and consideration of the grantee  but not of his executor to which it be answer that here be a interest couple  with a trust as in the case of wardship former which always go to the executor  of the grantee and which be of great consideration in the law than the feed or  cloth of a idiot and of that opinion be the court that the king have a good  title to dispose of both the ware and the idiot one till he be of age and the  other during his idiocy judgement for the defendant trinity term the  thirtysixth of Charles the second in the king bench sir George jefferies Knt  chief justice sir Francis Wythens Knt sir Richard Holloway Knt sir Thomas  Walcot Knt justice sir Robert sawyer Knt attorneygeneral Heneage finch Esq  solicitor general