ID I 
ject either loosely and without order, or by 
running into divisions upon differences, not 
of primary importance in the nature of 
things, have confused the various parts into 
which it most extensively branches. Hence 
it is that we hear of ideas of sensation and 
reflexion ; complex ideas of modes, sub- 
stances, and relations ; ideas distinct, con- 
fused, real, fantastical, adequate, inade- 
quate, true, and false. See Language, 
also Understanding. 
IDIOM, among grammarians, properly 
signifies the peculiar genius of each lan- 
guage, but is often used in a synonimous 
sense with dialect. 
IDIOSYNCRASY, among physicians, 
denotes a peculiar temperament of body, 
whereby it is rendered more liable to cer- 
tain disorders, than persons of a different 
constitution usually are. 
IDIOTS, in law. An idiot is a fool or 
madman from his nativity, and one who 
never has any lucid intervals- The king 
has the protection of him and his estate, 
during his life, without rendering any ac- 
count ; because it cannot be presumed that 
he will ever be capable of taking care of 
himself or his affairs. By the old common - 
law, there is a writ de ideota inquirendo, di- 
rected to the sheriff', to inquire by a jury, 
whether the party be an idiot or not ; and 
if they find him a perfect idiot, the profits 
of his lands, and the custody of his person, 
belong to the king, according to the statute 
17 Edward II. c. 9, by which it is enacted, 
that the king shall have the custody of the 
lands of natural fools, taking the profits of 
them without waste or destruction, and shall 
find them necessaries, of whose fee soever 
the land shall be holden. And, after the 
death of such idiots, he shall render it to 
the right heir, so that such idiots shall not 
aliene, nor their heirs be disinherited. But 
it seldom happens, that a jury finds a man 
an idiot from his nativity ; but only non 
compos mentis, from some particular time ; 
which has an operation very different in 
point of law : for, in this case, he comes 
under the denomination of a lunatic ; in 
which respect the king shall not have the 
profits of his lands, but is accountable for 
the same to the lunatic when he comes 
to his right mind, or otherwise to his exe- 
cutors or administrators. The king, as pa- 
rens patrice, has the protection of all his 
subjects ; and in a more peculiar manner he 
is to take care of all those, who by reason 
•f their imbecility, and want of under- 
I D I 
standing, are incapable of taking care of 
themselves. But though a lunatic is by 
commission to be under the care of the 
public, and such committee is to be appoint- 
ed for him by the Lord Chancellor, whose 
acts are subject to the correction and con- 
troul of the Court of Chancery ; yet such 
an one, whether so appointed, or whether 
he of his own head take upon him the care 
and management of the estate of a lunatic, 
is but in nature of a bailiff or trustee for 
him, and accountable to him, his execu- 
tors, or administrators. And as the com- 
mittees of a lunatic have no interest, but 
'an estate during pleasure, it has been ruled, 
that they cannot make leases, nor any ways 
incumber the lunatic’s estate, without a 
special order from the Court of Chancery, 
where the profits are not sufficient to main- 
tain the lunatic. In case of a lunatic’s re- 
covery, he must petition the Chancellor to 
supersede the commission ; upon the hear- 
ing of which the lunatic must attend in per- 
son, that he may be inspected by the Chan- 
cellor. It is also usual for the physician to 
attend, and to make an affidavit that the lu- 
natic is perfectly recovered. 
An idiot, or person non compos, may in- 
herit, because the law in compassion to 
their natural infirmities, presumes them ca- 
pable of property. An idiot, or person of 
non sane memory, may purchase, because 
it is intended for their benefit; and if after 
recovery of their memory they agree there- 
to, they cannot avoid it ; but if they die 
during their lunacy, their heirs may avoid 
it ; for they shall not be subject to the con- 
tracts of persons who wanted capacity to 
contract : so, if after their memory reco- 
vered, the lunatic, or person non compos , 
die without agreement to the purchase, 
their heirs may avoid it. If an idiot or lunatic 
marry, and die, his wife shall be endowed ; 
for this works no forfeiture, and the king 
has only custody of the inheritance in one 
case, and the power of providing for him 
and his family in the other ; but in both 
cases the freehold and inheritance is in the 
idiot or lunatic ; and therefore if lands de- 
scend to an idiot or lunatic after marriage, 
and the king, on office found, takes those 
lands into his custody, or grants them over 
to another as committee in the usual man- 
ner ; yet the husband shall be tenant by the 
courtesey, or the wife endowed, since their 
title does not begin to any purpose till the 
death of the husband or wife, when the 
king’s title is at an end. 
N n 2 
