Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/308

 292 was aked, how he came to remember the releae, if out of his enes when he gave it. Under Henry VI this way of reaoning (that a man hall not be allowed to diable himelf, by pleading his own incapacity, becaue he cannot know what he did under uch a ituation) was eriouly adopted by the judges in argument ; upon a quetion, whether the heir was barred of his right of entry by the feoffment of his inane ancetor. And from thee looe authorities, which Fitzherbert does not cruple to reject as being contrary to reaon, the maxim that a man hall not tultify himelf hath been handed down as ettled law : though later opinions, feeling the inconvenience of the rule, have in many points endeavoured to retrain it. And, clearly, the next heir, or other peron intereted, may, after the death of the idiot or non compos, take advantage of his incapacity and avoid the grant. And o too, if he purchaes under this diability, and does not afterwards upon recovering his enes agree to the purchae, his heir may either waive or accept the etate at his option. In like manner, an infant may waive uch purchae or conveyance, when he comes to full age; or, if he does not then actually agree to it, his heirs may waive it after him. Perons alo, who purchae or convey under dures, may affirm or avoid uch tranaction, whenever the dures is ceaed. For all thee are under the protection of the law; which will not uffer them to be impoed upon, through the imbecillity of their preent condition; o that their acts are only binding, in cae they be afterwards, agreed to, when uch imbecillity ceaes.

cae of a feme-covert is omewhat different. She may purchae an etate without the conent of her huband, and the conveyance is good during the coverture, till he avoids it by ome act declaring his dient. And, though he does nothing to avoid Rh