Non compos mentis, or, The law relating to natural fools, mad-folks, and lunatick persons inquisited and explained for common benefit / by John Brydall, Esq.

SECT. II. Of the Remarks concerning Idiots.

I. REMARK.

IF a person hath so much knowledge that he can read, or learn to read by Instruction and Information of others, or can measure an Ell of Cloth, or name the days of the Week, or beget a Child, Son or Daughter, or such like, whereby it may appear that he hath some light of Reason, then such a one is no Idiot naturally. Exposition of Terms of the Law, f. 201. b. Tit. Idiot. Stanford super Praerog. Regis, c. 9. Fitzherbert Natura Brevium, p. 519. B.

II. REMARK.

An Idiot or Fool Natural, is uncapable of making a Testament; nor can he dispose of his Lands or Goods: Stat. of 34 & 35 H. 8. cap. 5. Swinbourn in his Trea∣tise of Wills 2d Part, Sect. 4. f. 39. b. Godolphin's, Or∣phans Legacy, Part 1. cap. 8. numb. 3. p. 25. Cowel's Institutes Lib. 2. Tit. 12. Sect. 2. p. 115. Edit. 1605.

III. REMARK.

If a Man be of a mean understanding (neither of the wisest sort, nor of the foolish'st) but, indifferent as it were, betwixt a Wise man and a Fool, yea though he rather in∣cline to the foolish sort, so that for his dull capacity he might worthily be termed Grossum Caput, a dull Pate, Dunce, such a one is not prohibited to make a Testament, Swinbourn 2 part, sect. 4. Or, as Godolphin expresseth

himself; He that only is of mean Capacity or understand∣ing, or one who is, as it were betwixt a man of ordinary Capacity and a Fool, such a one is not prohibited from making a Testament, Orphan's Legacy, 1 part, cap. 8. numb. 3. But it is with this Proviso (says he) that he hath understanding enough to conceive what is the nature of a Testament, or last VVill, being well informed there∣of, otherwise he being destitute of such understanding, is not fit to make a VVill. Simon de praet. de Interp. ult. Vol. Lib. 2. Dub. 1. f. 4. Co. Lit. 6. The Marquess of Winchester's Case.

IV. REMARK.

If a person be so very foolish, so very simple and sottish that he may be made believe things incredible or impossi∣ble, as that an Ass can fly, or that in old-times Trees did walk, Beasts and Birds could speak, as it is in Aesop's Fa∣bles; for he that is so fool∣ish, cannot make a Testa∣ment,* 1.1 because he hath not so much wit, as a Child of ten or eleven years old, who is therefore intestable, namely, for want of Judgment, Swinbourn 2 part, p. 4.

V. REMARK.

Although by the Laws of this Land, He that can mea∣sure a Yard of Cloth, or rightly name the days of the VVeek, or beget a Child; shall not be reputed an Idiot or a natural Fool; yet it will not be indisputably granted, that an act so natural as the begetting of a Child, can so qualifie a natural Fool, so as to render him in the charita∣blest construction of Law Testable; for if he be such a

natural Fool, as that though of Lawful Age, yet can∣not declare of what Age he is, nor number twen∣ty, nor knoweth his natural Parents, by their several Names and Relations; and the like easie Questions, such an Idiot is undoubtedly in∣testable. a 1.2 Godolphin in his Tract, Intituled, The Orphan's Legacy, part 1. c. 8.

VI. REMARK.

Notwithstanding all which, if it may appear by suffi∣cient conjectures and circumstances, that such Idiots had the use of Reason and Understanding at such time as they did make their Testaments, then are such Testaments good and valid in Law. 3 Eliz. Dyer 203, 204. Swin∣bourn 2 part, sect. 4. Godolphin in his Orphans Legacy, part 1. cap. 1. And yet (says the same Godolphin) if he be an Idiot indeed, albeit he may make a wise reaso∣nable, and sensible Testament as to the matter of it, yet it will be void.

VII. REMARK.

To make a Promise or Contract compleat and binding, the use of Reason is required in the promiser or contract∣er, which renders the Promises or Contracts of Idiots, Mad-men and Infants void and of no force in the Laws of all Countries. Grotius de jure belli & pacis, lib. 2. cap. 11. sect. 5. Briton cap. 28. f. 61. b. 63. a. And what is said of Contracts and Promises, is true also in the Case of Oaths, namely, That he that Swears should be of sound Mind, and should use great deliberation be∣fore he takes an Oath; of which sound Mind and deli∣beration,

Idiots, Madmen and Infants are not capable, Grotius of the Rights of War and Peace, lib. 2. cap. 13. sect. 2.

VIII. REMARK.

He that is a Fool natural, or a Mad-man, is incapaci∣tated to be a Judge, for want of Knowledge and dis∣cretion. Mirror c. 2. sect. 2. p. 115, 116. Edition, 1642.

IX. REMARK.

An Idiot, or Fool natural is uncapable of being made an Arbitrator called in Latine [Compromissarius Iudex.] For the Law dictates, that such Persons be elected Arbi∣trators as have sufficient skill of the matter submitted to them, and have neither Legal nor natural impediment; That they be not Infants, who by reason of their few years want discretion and knowledge; that they be nei∣ther Madmen nor Idiots, for such are void of reason and understanding, West. Symb. 2d part, Sect. 23, 26, 27. Author of a Tract Entituled, Arbitrium Redivivum. cap. 4. p. 19. D. 4. 8, 9.

X. REMARK.

Every one cannot make an Attorny; for an Infant within Age, a Mute, a deaf Man, a Fool natural,* 1.3 a man distracted in his Wits, or otherwise without discretion, are uncapable of constituting Attornies, Britton, cap. 126. f. 285. b. Mirror cap. 3. sect. 10. p. 194.

XI. REMARK.

All such persons are capable to be Essoigners, or Excusators, as are not prohibited by Law; but there are some that are forbidden; among which number are Infants, all such as are in VVard, Excommunicated persons, Madmen and Fools natural, Mirror of Iustices, cap. 2. sect. 30. p. 175.

XII. REMARK.

If a Suit be brought against another, he may say, that he ought not to answer the Demandant or Plain∣tiff, for he is an Excommunicate person, a Madman, an Infant or a Fool from his Nativity; and it shall be a good Plea or Exception to the Demandant or Plain∣tiff's Suit or Action, Fleta, lib. 2. cap. 54. numb. 3. p. 116. and lib. 6. cap. 38. numb. 1. p. 431. and cap. 40. numb. 1. p. 434. Bracton lib. 5. tract. 5. cap. 20. numb. numb. 1. f. 420. b. Mirror des Iustices, cap. 2. sect. 3. s. 117.

XIII. REMARK.

There is required in them who contract Matrimony, a sound and whole Mind to consent; for he that is either an Ideot or Madman, without intermission of Fury cannot Marry. The Womans Lawyer, lib. 2. sect. 10. p. 57. Edit. 1632. This Consent (saith Amesius) must be voluntary and free, else it's not esteemed a humane consent; and hence the consent of such as have not the use of Reason is no force to such a Contract, Lib. 5. cap. 35. Qu. 4.

XIV. REMARK.

A Man that is Deaf and Dumb, and yet hath Under∣standing, may Attorn by signs; but one that is Non compos mentis, as an Idiot, cannot attorn, for that he hath no understanding, cannot agree to the Grant, Co. Lit. f. 315. a. 26 E 3. 63. 18 E. 3. 53. 6 Co. f. 69. a. Sir Moyle Finch's Case.

XV. REMARK.

Minoribus acquiruntur possessiones, & naturaliter fa∣tuis, & furiosis per Tutores inde, aliter vero minime eo quod intellectum recipiendi non habent, nec retinendi: Curatores autem sanum intellectum oportet habere, quia si minorem fatuum a Nativitate, vel furiosum miseris ut possideas, nequaquam videris per eos possessionem ap∣prehendisse, quia intellectum non habent, Fleta lib. 3. c. 15. nu. 1 4. p. 203. VdeBracton, lib. 2. c. 18. nu. 6. f. 43. b.

XVI. REMARK.

It appears in the old Books of Law, that it was ex∣pedient that Ideots should have a Curator or Tutor, or one that should take the charge of their Persons, Lands and Goods, which Office since* 1.4 is devolved to the King, and made parcel of his Preroga∣tive, 17 E. 2. cap. 9. As Fitzherbert very well saith, in his Natura Brevium. The King is the Protector of all his Subjects, their Goods, Lands and Tenements, and therefore of such as cannot go∣vern

themselves, Stamford Sur Praerog. Regis, cap. 9. Britton c. 66. f. 167. b. Sir Thomas Smith's Common∣weath, lib. 2. c. 4. p. 98. Eng. Edit. 1640.

XVII. REMARK.

The King having the custody of the Persons and E∣states of Idiots, can let to Farm, rendring Rent, all the Possessions of a Fool natural, but not that which he hath Title unto, or Action: And therefore upon an Office (finding that the Idiot's Ancestors died seized of an Estate Tail) it is sufficient to Traverse the dying seized, for that only entituleth the King, 31 E. 3. Saver de Fault, 37. 1 H. 7. 24. Finch's Law, lib. 2. c. 2.

XVIII. REMARK.

By the Common Law the King shall have as great protection of the Goods and Chattels of an Idiot, as of his Lands, and that as well the scattering of his Goods* 1.5 and Chattels, as the Aliena∣tion of his Lands is to be remedied and redressed by the King, to whom the Law hath given the Protection and Custody of him.

XIX. REMARK.

As after Office found, an Idiot cannot Alien, Give, &c. So Alienations, Gifts, &c. made before Office found shall be avoided after Office thereof found, for no Latches shall be found in the King, nor any prejudice thereby shall accrue to the Idiot for not suing the Office before the Feoffment of Gift, 4 Co. f. 428. Beverley's Case.

XX. REMARK.

If the Idiot dies before Office found, after his Death, no Office can be found; for the words of the Writ are, Et ipsum viis, & modis quibus super statu suo melius po∣teritis informari circumspecte examinaretis, &c. which cannot be done when he is dead, and without Office, the King cannot be entituled, 16 E. 3. Livery 30. 4 Co. f. 128. Beverley's Case.

XXI. REMARK.

When the King is informed, that one, who hath Lands and Tenements, and is a natural Fool from his Birth, the King may award his Writ, called Idiota inqui∣rendo vel examinando, which directed to the Escheator, or Sheriff of any County, where the King hath informati∣on, or understanding that there is an Idiot naturally so Born, so weak of Understanding that he cannot govern or manage his Inheritance, to call before him the Party suspected of Idiocy and examine him; and also to in∣quire by the Oaths of twelve Men, whether he be suffi∣ciently witted to dispos•…•… 〈◊〉〈◊〉 his own Lands with discretion or not, and to certifie accordingly into the Chancery, for the King (as hath been said before) hath the Protection of his Subjects, and by his Prerogative the Government of their Lands and Substance, that are naturally defective in their own discretion, Doctor Cowel's Interpreter,* 1.6 tit. Idiota inquirendo, &c. Minshew's Guide to the Tongues 373. Note, The seve∣ral Forms of the Writs in Latine, directed either to the Escheator, or the Sheriff are to be seen in the Register Orig. f. 266. a. b.

XXII. REMARK.

When a Man is found an Idiot from his Birth by Of∣fice, he, who is so found Idiot (falsely as he supposeth) may come personally into* 1.7 Chancery, before the Chan∣cellor, and pray, that be∣fore him, and the Justices and Sages of the Law, which he shall call to him (and are called the King's Council) he may be examined, if he be an Idiot or not; or by his Friends he may sue forth a a 1.8 Writ out of the Chancery, returnable in the Chancery, ibidem coram nobis, & consilio nostro ex∣aminand. And if he be found upon examination that he is no Idiot, the Offic found thereof, and all the Exa∣minations which hath been made by force of the Writ, or the King's Commission, is utterly void, without any Traverse, or Monstrans de droit, or other Suit; as ap∣peareth by the Register Orig. f. 267. and F. N. B. 233. vide 15 E. 3. in Fitz. Tit. Livery 306. 9 Co. f. 31. The Case of the Abbot of Str•…•…ta Marcella. Stamford super Praerog. c. 9. f. 34. a. 36•…•…. Edit. 1567.

XXIII. REMARK.

If a Scire Facias be awarded against the Feoffee of an Idiot, and the Feoffee appearing, upon the Scire Facias, may traverse the Idiocy, as appears he did in the Book of 18 E. 3.

XXIV. REMARK.

The Law gave the King but the Custody of the Lands of-the Idiot; and altho' the same continued during the Life of the Idiot, yet having but the Custody, the King hath not the Freehold, or Fee, but the Freehold is in the Idiot: For the Statute of Praerogativa Regis, c. 9. saith, Quod post mortem eorum reddet ea rectis Haeredibus: That after the Death of such Idiots, he shall render it to the right Heirs, 17 E. 3. 11. 13 E. 3. Saver Default 37. 4 Co. f. 126. b. Beverley's Case.

Stamford Super Praerog. c. 9. is of the same Opinion; Tho' the King (saith he) has the possession during the Idiot's Life, yet the King hath* 1.9 not the Freehold thereby, but only a bare Custody, for the Freehold remains in the Heir.

XXV. REMARK.

The King ought not to seize an Idiot's Lands, until such time as he is found an Idiot by Office▪ Stamford Super Praerog. Regis, c. 9.

XXVI. REMARK.

The Office, when a Person is found to be an Idiot, shall have relation a Nativitate, to avoid all mean Acts done by him; that is to say, Feoffments, Releases, or the like. Fitzherbert, and Stamford, Super Praerog. c. 9.

XXVII. REMARK.

Altho' the Statute of Praerogativa Regis, c. 9. saith, Custodiam Terrarum, yet the King shall have as well the Custody of the Body, and of the Goods and Chat∣tels of Idiots, as of their* 1.10 Lands, and other Heredi∣taments, as well those which they have by Pur∣chase, as those which they have as Heirs by the Common Law. 4 Coke, f. 127. a. Beverley's Case.

XXVIII. REMARK.

The Person, by the Statute, ought to be▪ an Idiot, a Nativitate, sc. Fatuus Naturalis, and not by Accident or Infirmity: For if he were once Wise, and became a Fool by Misfortune, the King shall not have the Custody of him. 18 E. 3. Fitz. Tit. Scire Facias, Pl. 10. Fitz∣herbert's Natura Brevium, Stamford Super Praerog. Re∣gis, c. 9. f. 34. b. 4 Co. Beverley's Case.

XXIX. REMARK.

No Feoffment, Gift, Lease, or Release, that an Idiot can make of his Inheritance, but it may be avoided, du∣ring his Life; which is apparented by these words of the Prerogative Statute: Ita quod nullatenus per eosdem fa∣tuos alienentur, nec quod eorum H•…•…redes exhaeredentur. So that such Idiots shall not alien, nor their Heirs shall be disinherited, 4 Co. 127. Beverley's Case, Stamford Su∣per Praerog. Regis, c. 9. f. 35. b. Edit. 1567.

XXX. REMARK.

The King is to take the Profits belonging to the Idiot to his own use, finding him Necessaries; and this is evi∣denced by the words of our Statute: Capiendo necessaria sua. Stamford Super Praerog. Regis, c. 9. f. 34. b. The King (says Wingate) shall have to his own use all the Possessions of a Fool Natural, during his Idiocy. His Body of the Common Law of England, c. 2. of Possessi∣ons, Nu. 3.

XXXI. REMARK.

The King is bound to Reparations of the Idiot's Lands and Tenements; for the words of the Statute are, The King shall have the Custody of the Lands of Natural Fools, taking the Profits of them, without waste, or destruction. Stamford Super Praerog. Regis, cap. 9. f. 35. a.

XXXII. REMARK.

The King, by the Statute of Praerogativa Regis, is to be preferred in this Title of Idiocy, before any other Lord which might claim the Idiot as his Ward; and this is evidenced by the words of the said Statute, De cujus∣cunque feodo Terrae illae fuerint: Of whose Fee soever the Lands be holden. Stamford Super Praerogativam Regis, c. 9. f. 35. a. Edit. 1567.

XXXIII. REMARK.

If one be found an Idiot by Office, and before the King doth make a Seizure of the Lands, the Idiot departs

this Life, yet the King shall seize the Lands, because of these words of the Statute, Post mortem eorum eam rectis Haeredibus: After the Death of such Idiots, he shall ren∣der it to the right Heirs. Which the King cannot do, but upon a Seizure. Stamford Super Praerog. Regis, c. 9. f. 34, a, b.

XXXIV. REMARK.

When an Idiot doth sue, or defend, he shall not ap∣pear by Guardian, or Pro∣chein* 1.11 Amy, or Attorney, but he must be ever in Per∣son; and whosoever will plead best for him, shall be admitted, 33 H. 6. 18. 21. F. N. B. 27. G. Co. Lit. f. 135 b. Stampford c. 9. 35. b. 36. a. 4 Co. 124. b. Beverley's Case. Saunders Rep. 2 Part, f. 335. Dennis, v. Dennis. But an Infant, or a Minor, shall sue by Prochein Amy, and defend by Guardian. 27 H. 8. 11. 40 E. 3. 16. 20 E. 4. 2. F. N. B. 27. H. Co. Litt. f. 135. b. Cro. Iac. f. 640, 641. Simpson, & Simpson, v. Iackson. 4 Co. f. 124. b. Beverley's Case.

XXXV. REMARK.

By the Statute of Westmin. 2 c. 15. it is ordained, That if an Infant be eloined, he may sue by Prochein Amy; but this same Statute extendeth not to an Idiot. Co. Inst. f. 391.

XXXVI. REMARK.

A Descent shall not take away the Entry of an Idiot, albeit the want of Under∣standing was perpetual; for* 1.12 Littleton, sect. 405. speaks generally of a Man of Non sane Memorie. Vide Noy's Treatise of the Grounds of the Common Law, Cap. 16. Of Descents.

XXXVII. REMARK.

If an Idiot makes a Feoffment in Fee, he shall in Pleading never avoid it, by saying, That he was an Idiot at the time of his Feoffment, and so had been from his Nativity: But upon an Office found for the King, the King shall avoid the Feoffment for the benefit of the Idiot, whose Custody the Law giveth to the King, 39 H. 6. 42. b. F. N. B. 202. 5 E. 3. 70. Britton, cap. 28. f. 66. a, b. Coke in his Comment on Littleton, sect. 405. f. 247. a. Stamford, in his Exposition of the Statute of 17 E. 2. cap. 9.

XXXVIII. REMARK.

A Copyholder of unsound Memory, an Idiot, or Lu∣natick, cannot forfeit his Estate. Sheppard in his Trea∣tise, entituled, The Court-Keeper's Guide▪ cap. 22. p. 172. Edit. 1656.

XXXIX. REMARK.

A Grant, or Surrender of Copyhold-Land, made by an Idiot, is not valid in the Laws of England. Shep∣pard's

Court-Keeper's Guide, Cap. 19. Page 117, 118.

XL. REMARK.

A Surrender, or Grant of Copyhold-Land, may be made to an Idiot, or any other Man of unsound Memory, and good in Law. Sheppard, Cap. 19. p. 118, 119.

XLI. REMARK.

By the Statute of 32 H. 8. c. 46. the Master of the Court of Wards, and Liveries, by the Advice of the Attorney, Receiver-Gene∣ral,* 1.13 and Auditors, or three of them, had Authority to survey, govern, and order all and singular Idiots, and Natural Fools, now being in the King's Hands, or that hereafter shall come, and be in the King's Hands; and to survey and order all the Mannors, Lands, Tenements, and other Hereditaments whatsoever; and also to let, and set the same to the King's Use, for the time of the King's Interest, for such Rent, and fined as by their Dis∣cretion shall be thought convenient; the finding and keeping of the said Persons, their Wives and Children, and the Reparations of their Houses and Lands, always to be considered in the doing thereof, &c.

Note, Tho' these Officers of the Court of Wards and Liveries, had Power to let and set the Lands of Idiots, and Natural Fools; yet, according to the Sentiment of Stam∣ford, they had no Power to grant the Custody of their Bodies.

XLII. REMARK.

Regularly, Conveyances, or other Acts of Record, acknowledged, or made by one that is an Idiot, are unavoidable by him, or his Heirs, in the Laws of England. 4 Co. Beverley's Case.

XLIII. REMARK.

If an Idiot, or other Non Compos Mentis, does levy a Fine, and declare the use thereof, this Declaration shall bind him as long as the Fine continues in force; for inas∣much as he hath been admitted by the Judges, as a Man that hath the use of Reason, the Law, as long as the Fine remains in force, permits him to limit the use there∣of, 10 Co. 42. b. Mary Portington's Case. 2 Co. f. 58. Beckwith's Case, 12 Co. f. 123, 124. Mansfield's Case.

XLIV. REMARK.

There is a diversity taken between an Idiot, and an Unthrift, or Spendthrift; as appears in the Case of one Brent, of the County of Somerset, who was presented for an Idiot; but it was evidenced, That he could write Letters, and make Acquittances, and such-like; where∣upon he was adjudged an Unthrift, but no Idiot. Br. 4. in Fine.

Note, That as Minors have Curators, and Governors, so also mad Persons, and Spendthrifts, Unthrifts, or prodigal Persons, are appointed by the Civil Law of the Romans, to have Governours; for that they can no more govern their own State, than the others can: For they, and such as know no time, nor end of Spending, but riot, or lavish out their Estates, without all Discretion;

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and for their sakes I will here subjoyn the Sentiments, that the old Roman Jurists have had of these Prodigals, or Spendthrifts.

Note, Cicero 3 de Officiis, tells us, That there was a Law made by Laetorius, which provided, that there should be appointed for those which were Distracted, or did prodigally waste their Patrimony: For as it appear∣eth by the common Adage used among the Romans, Ad Agnatos & Gentiles deducendus est: They did account all Prodigals or Spendthrists, Mad men; they meaning no more by that, than we do by our English Proverb, Let him be begged for a Fool. The Reason of their A∣dage was, because if any were distracted, by the Roman Law his Wardship fell Ad Agnatos & Gentiles, i. e. to the next of the Kindred. Goodwin's Roman Antiqui∣ties, lib. 3. sect. 4. c. 24.

Qui Eversores, aut insani sunt, (saith Caius) omni tempore vitae suae sub Curatore esse jubentur: Quia sub∣stantiam suam rationabiliter gubernare non possunt, Lib. 2. Tit. 8. de Curationibus.

Lege 12 Tabularum (says Ulpian) Prodigo interdicitur bonorum suorum administratio. Quod moribus quidem ab initio introductum est, sed solent hodie praetores, vel prae∣sides, si talem hominem invenerint, qui neque tempus, neque finem expensarum habet, sed bona sua dilacerando, & dissipando profudit, Curatorem ei dare exemplo furiosi. Et tam diu erunt Ambo in Curatione, quam diu vel fu∣riosus sanitatem, vel ille sanos mores receperit; quod si evenerit, ipso jure desinunt in potestate Curatorum. D. 28. 10. 1.

Divus pius (saith the same Lawyer, Ulpian) matris querelam de filiis prodigis admisit, ut Curatorem accipiant in haec verba: Non est novum, quosdam etsi mentis suae videbuntur ex sermonibus Compotes esse: Tamen sic tra∣ctare bona ad se pertinentia, ut, nisi, subveniatur his,

deducantur in Egestatem. Eligendus itaque erit, qui •…•…os consilio regat: Nam aequum est, prospicere nos etiam eis, •…•…ui quod ad bona ipsorum pertinet, furiosum faciunt exi∣•…•…um. D. 25. 5. 12. 2.

Furiosi (saith Pomponius) vel ejus cui bonis interdi∣ctus sit, nulla voluntas est. D. 50. 17. 40.

Hence it is, that Spendthrifts, or Prodigals, are forbid∣den to make their Testa∣ments, or to dispose of* 1.14 their Lands or Goods any other ways, Instit. 2. 12. 2. D. 28. 1. 18. Swinburn in his Tract of Testaments, and Last Wills. 2d Part, sect. 24. Ulpianus, Tit. 20. de Testamentis.

Among the Grecians, such as were Spendthrifts, were branded with Infamy.

Decoctores paternae, aut alterius cujusvis haereditatis ignominiosi sunto: All wild Extravagants, and Spend∣thrifts, who lavishly run out the Estates left them by their Fathers, or others, shall be 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.

From the Remarks touching Idiots, or Fools Natural, we come to our Queries, attended with Solutions, rela∣ting to them.

Notes

• * 1.1

  Testamentum facere non possunt Impuberes, quia nullum eorum ani∣mi Iudicium est. Instit. 2. 12. 1. Cod. 6. 22. 4.
• a 1.2

  Cum Lege quis intestabilis jubetur esse, eo pertinet, ne ejus te∣stimonium recipiatur, & eo am∣plius (ut quidam putant) neve ipsi dicatur Testimonium, D. 28. 1. 26.
• * 1.3

  Chescun ne puit mye faire At∣torne: car Enfant de dens age, ne muit, ne surd, ne fol naistre, ne home arrage, o•…•… autrement sans discretion, ne puit mie faire At∣tornes.
• * 1.4

  Bracton, lib. 5. tract. 5. c. 20. nu. 1. f. 420. b. Fleta lib. 1. c. 11. nu. 10. Cowel's Institutes, lib. 1. tit. 23. sect. 1. de Cura∣toribus.
• * 1.5

  4 Co. f. 128. Beverly's Case.
• * 1.6

  Brevia de inquirendo de Idiota
• * 1.7

  The manner how he that is falsely found to be an Idiot, shall avoid the Office.
• a 1.8

  The Writ De Idiota co∣ram consilio ducendo ad exa∣minandum, Reg. Orig. f. 267.
• * 1.9

  1 H. 7. 15.
• * 1.10

  Consillo & Opera Curatoris tueri debet non solum Patrimoni∣um, sed & corpus & salus furios•…•…∣seu fatui, D. 25. 10. 7.
• * 1.11

  Idiota a nativitate non recipi∣tur, vel ad agendum, vel defen∣dendum in aliqua causa, per Cu∣stodem, vel proximum propinquum sed requiritur, ut ipse semper prae∣sens sit in propria persona. Cow∣ell's Institutes, lib. 1. tit. 23. sect. 6. de Curatoribus.
• * 1.12

  Cook in his Comment on Lit∣tleton, sect. 405. f. 247. a.
• * 1.13

  Note, This Act of 32 H. 8. for the Erecting of the Court of Wards, is taken away by the Statute of 12 Car. 2. c. 24.
• * 1.14

  Is cui lege bonis interdictum est, testamentum facere non potest, & si fecerit, ipso jure non valet. Ul∣pian.