Ch.IX.Sec.I.] Parens Patrice.-^Idtots. 157 wife before such contempt can be cleared {a). So the Court will allot maintenance to infants out of their fortunes suitable to their rank and circumstances (6). But though it is one of the peculiar duties of a Court of Equity to protect the rights of infants, still it will not at any period or under any circum- stances act upon such indulgent disposition; and therefore even in equity an infant may be bound by the statute of limi- tations (c). On the other hand the Court of Chancery will assist guar- dians in compelling their wards to obey their legal desires. Therefore where an infant went to Oxford contrary to the orders of his guardian, who wished him to go to Cambridge, the Court sent a messenger to carry him from Oxford to Cam- bridge ; and, on his removing to Oxford, another messenger was sent to carry him to Cambridge, and keep him there [d), 2. The superintendence of idiots, who are persons devoid of understanding from their births, and are presumed never likely to attain any, is also vested in the King, not however it seems by the common law, but by statutes for the benefit of the subject on the party being found an idiot by a jury of twelve men on the old common law writ de idiota inqui- rendo [e). The statute 17 Ed. 2. st. 2. c. 9. provides, that the King shall " have the custody of the lands," (and according to many books, " of the person, goods and chattels" [f) ), of natural fools ; taking the profits of them without waste and destruc- tion [g and shall find them their necessaries, of whose fee soever the lands be holden ; and after the death of such idiots hia Majesty shall render them to the right heirs, so that by such idiots no alienation shall be made, nor shall their heirs be disinherited. This statute is not introductive of a new right of the Crown iji) ; though it is certainly doubtful whether the prero- (a) 1 Ves. Jun. 154. (/ ) 4 Co. 1'26, 148. F. N. B. 232. {b) See 2 Fonbl. 232. note. (g) Which words " waste and de- (c) Prec. Ch. 518. 1 Fonbl. Tr. Eq. struction",must be construed in their 3rd ed. 159, note. ordinary not thciir technical sense. 2 {d) Stra. 167. 3 Atk. 721. Ves. Jun. 71. (e) F. N. B. 232. 1 Bla. Com. 303. (A) 4 Co. 126. Bac. Ab. title Idiots, Hume V. Burton, T. 1785. 1 Ridgw. C. 1 Bla. Com. 303. P. C.224; 519,535. gative
