Ch,IX. Sec. I.] Parens Patrice. — Lunatics. 159 doubted (a), it seems that the grant of the custody of an idiot and his lands, may be made to extend to the representatives of such grantee {b). 3. The King is also guardian of lunatics ; and his Majesty's authority in this respect generally is and may be delegated to the Lord Chancellor or other person, in the same manner as that relative to idiots is delegated. An important distinction between the case of a lunatic and that of an idiot, grounded on the consideration that a lunatic's disorder is supposed to be temporary only, should be remarked. Under the expectation that the disorder of the lunatic's mind may be removed, the law constitutes the Crown merely a trustee for the unfortunate persons; to protect their property, and to account to them for all profits received, if they recover, or after their decease to their representatives {c). It is therefore declared by the stat. 17 Edw. 2. c. 10. (which is said not to be introductive of any new right of the Crown(<i) ), that the King shall provide for the custody and sustentation of lunatics, and preserve their lands and the profits of them for their use, when they come to their right mind; and the King shall take nothing to his own use. And if the parties die in such estate, the residue shall be dis- tributed for their souls by the advice of the ordinary, and of course (by the subsequent amendments of the law of admini- stration) shall now go to their executors or administrators. On the same principle it has been decided that the King cannot grant the custody of the body and lands of a lunatic to a person to take the profits to his own use {e). The custody of lunatics in private mad-houses is regulated by legislative provisions {f which do not however in any way affect the royal prerogative. Though the King has in general the sole management and superintendence of persons of un- sound mind, yet any one may confine or otherwise restrain any madman where it may be necessary [g). Where the royal authority for the custody of a lunatic is required, or where the production of a person suspected to be non-compos is enforced {a) 1 Vern. 9. (rf) 2 Ves. Jun. 71. Bac. Ab. title {b) 3 Mod. 43, 4. Skin. 177. pi. 7, 5. Idiot, C. 2 Ibid. 171. 3 Bac. Ab. 530, title {e) Moor, 4, pi. 12. Idiots, C. 1 Fonbl. Tr. Eq. 55, note. (/) 1 4 Geo. 3. c. 49. 26 Geo. 3. c. (c) 1 Bla. Com.304. 91. U) 2 Rol. Ab. 546. by
