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.

SOLUTION.

William Tourson, an Idiot from his Birth, by force of Remainder, after the Death of his Father, was* 1.1 •…•…intly seized with his El∣•…•…er Brother, for Term of •…•…eir Lives; the Lessor did purchase the Estate of the El∣•…•…er Brother, and took the Body of the Idiot, and all the Profits of the Lands; and afterwards, William Tourson was found Idiot from his Birth, by Inquitision: The Question was, Whether the King shall have the mean Profits of the Moiety from the time of the first Seizin of •…•…he Idiot, or from the time of the Office? And it was •…•…esolved, That the King should not have the Profits, but after the Office; and yet to some intent the Office shall have relation from the time of the Birth, Scilicet, to a∣void all mean Acts done by the Idiot, and therewith agreeth F. N. B. 202 E. and 18 E. 3.—Scire Fac. 10. 32 E. 3. Scire Fac. 106. 50 Ass. Pl. 2. But for the mean Profits, it shall not have relation, but from the time of the Office found; for the same appeareth of Record, that the King hath Right to seize the Lands: As if the King's Tenant commit Felony, Anno 1 Iac. and af∣terwards, Anno 3. he is attainted for the same Felony;

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and afterwards, Anno 4. all is found by Office: No•…•… this Office shall have relation to the time of the Felony, t•…•… avoid all mean Alienations and Incumbrances; but fo•…•… the mean Profits, it. shall have relation to the time o•…•… the Attainder, for then the King's Title appeareth of Re∣cord; and there is a difference where the King shall hav•…•… the Custody, by reason of a Seigniory, as in the Case o•…•… Wardship, there the King after Office found, shall hav•…•… the mean Profits from the time of the Death of the Anc•…•…∣stor, for the King hath Wardship by reason of his Seigni∣ory, and he loseth his Rent, and Services in the mean time. But the King hath the Custody of an Idiot, no•…•… in respect of any Seigniory, but in the Right of hi•…•… Royal Protection, because that his Subject is not able to govern himself, nor his Lands, or Tenements which he hath; and this Protection doth begin by the Office found▪ And the Statute of Praerogativa Regis, c. 9. saith, The King shall have the Ward of Lands of Natural Fools, taking the Profits, &c. to find them Necessaries, &c. By which it appeareth, that the King shall take the Profits from the time that he is charged with the finding of the Idiot, and his Family, Necessaries, &c. and that is after the Office found; so that when the King seizeth in the Right of his Regal Protection, as in the Case at Bar, or Nomine districtionis, as in Case of Alienation of Lands in Capite, without License, or of Marriage of his Widow, without License; there, after Office found, the King shall not have any of the mean Profits before the Office, as it is holden in 8 E. 4. 4. 40 Ass. Pl. 36. But when the King seizeth by reason of a form'd Right, or Title, there the King shall have the mean Profits, from the time of his Right or Title first accrued, as 18 Ass. Pl. 18. from the time of a Condition broken, 41 E. 3. 21. from the time of the Alienation of his Tenant in Mort∣main: And if the Lands holden of others, from the time the Title came to him, 46 E. 3. Forfeiture 18. upon the

•…•…atute of West. 2. c. 45. which giveth the Contra for∣•…•…am Collationis, from the time of the Alienation; for these Acts the King's Title and Right doth accrue: •…•…nd in the principal Case, no Precedent can be found, at the King was answered the mean Profits before the •…•…ffice found, but only after the Office; and so the Quere Stamford's Praerogativa Regis, 34. is well resolved.

Notes

• * 1.1

  Co. Lib. 8. f. 170. Thomp∣son's Case.