Page 130
Mich. 12 Jac. Regis.
Mansfield's Case.
23 Eliz. In the Court of Wards the Case was this: Henry Bushly seized in Fee of Lands in Northmims, in the County of Hartford, by his Will in writing, demised the said Lands to Henry Bushly his Son in Tail, the remainder to William Bushly. And because his Son was within Age, he demised the Education of him to Thomas Harrison, whom he made his Executor. Afterward it hapned, that Henry the Son became a deformed Cripple, and proved an Ideot, a Nativitate: which Ideot, by the practice of Nichols, and others, was ravished from his Guardian, and carryed upon mens shoulders to an unknown place, and there kept in secret, till he had acknowledged a Fine of his Lands to one Bothome, before Justice Southcot, 9 Eliz. and by Indenture, the use of the Fine was declared to be to the use of the Cognizee and his Heirs: which Bothome 12 Eliz. conveyd the said Land to one Henry Mansfield. And 22 Eliz. the said Henry Bushly the Son, was by Inqui∣sition found an Ideot, a Nativitate: And upon this, 33 Eliz. the Court of Wards took order for possession of the Lands. And it was moved, That though the Fine binds the Ideot; yet the Indentures are not sufficient to direct the Uses. But it war Resolved, That forasmuch as he was enabled by the Fine as to the Principle, he shall not be disabled to limit the Uses, which are but as accessory: The same is the Law of an Infant, and a Feme-Court. And the said Mansfield brought an Action of Trespass in the Common-Pleas against one Trott, Farmer of the said Lands, and the Issue was tryed at the Bar; and the De∣formed Ideot brought out of the Court of Wards, to be shewn to the Judges of the Common-Pleas, and to the Jurors: And the Judges hearing that Mansfields Title was under the Fine levyed by that Ideot, the Lord Dy••r and Court caused a Juror, by consent, to be withdrawn;