Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/320

 304 is not an idiot, if he hath any glimmering of reaon, o that he can tell his parents, his age, or the like common matters. But a man who is born deaf, dumb, and blind, is looked upon by the law as in the ame tate with an idiot ; he being uppoed incapable of any undertanding, as wanting all thole enes which furnih the human mind with ideas.

, or non compos mentis, is one who hath had undertanding, but by dieae, grief, or other accident hath lot the ue of his reaon. A lunatic is indeed properly one that hath lucid intervals; ometimes enjoying his enes, and ometimes not, and that frequently depending upon the change of the moon. But under the general name of non compos mentis (which ir Edward Coke ays is the mot legal name ) are comprized not only lunatics, but perons under frenzies; or who loe their intellects by dieae; thoe that grow deaf, dumb, and blind, not being born o; or uch, in hort, as are judged by the court of chancery incapable of conducting their own affairs. To thee alo, as well as idiots, the king is guardian, but to a very different purpoe. For the law always imagines, that thee accidental misfortunes may be removed; and therefore only contitutes the crown a trutee for the unfortunate perons, to protect their property, and to account to them for all profits received, if they recover, or after their deceae to their repreentatives. And therefore it is declared by the tatute 17 Edw. II. c. 10. that the king hall provide for the cutody and utentation of lunatics, and preerve their lands and the profits of them, for their ue, when they come to their right mind: and the king hall take nothing to his own ue; and if the parties die in uch etate, the reidue hall be ditributed for their ouls by the advice of the ordinary, and of coure (by the ubequent amendments of the law of adminitrations) hall now go to their executors or adminitrators. Rh