a person affected with that species of madness termed lunacy. The word is indeed properly applied to one that hath lucid intervals; sometimes enjoying his senses, and sometimes not; and that frequently supposed to depend on the influence of the moon.

in Law. Under the general term of non compos mentis (which Sir Edward Coke says is the most legal name), are comprised not only lunatics, but persons under frenzies, or who lose their intellects by disease; those that grow deaf, dumb, and blind, not being born so; or such, in short, as are judged by the court of chancery incapable of conducting their own affairs. To these also, as well as idiots, the king is guardian, but to a very different purpose. For the law always imagines, that these accidental misfortunes may be removed; and therefore only constitutes the crown a truller 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. representatives. And therefore it is declared by the statute 17 Edw. II. c. 10. 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 distributed for their souls by the advice of the ordinary, and of course (by the subsequent amendments of the law of administrations) shall now go to their executors or administrators.

On the first attack of lunacy, or other occasional insanity, when there may be hopes of a speedy restitution of reason, it is usual to confine the unhappy objects in private custody under the direction of their nearest friends and relations; and the legislature, to prevent all abuses incident to such private custody, hath thought proper to interpose its authority, by 14 Geo. III. c. 49, for regulating private mad-houses. But when the disorder is grown permanent, and the circumstances of the party will bear such additional expence, it is thought proper to apply to the royal authority to warrant a lasting confinement.

The method of proving a person non compos is very similar to that of proving him an idiot. The lord chancellor, to whom, by special authority from the king, the custody of idiots and lunatics is intrusted, upon petition or information, grants a commission in nature of the writ de idiota inquirendo, to inquire into the party's state of mind; and if he be found non compos, he usually commits the care of his person, with a suitable allowance for his maintenance, to some friend, who is then called his committee. However, to prevent finisier practices, the next heir is seldom permitted to be of this committee of the person; because it is his interest that the party should die. But it hath been said there lies not the same objection against his next of kin, provided he be not his heir; for it is his interest to preserve the lunatic's life, in order to increase the personal estate by savings, which he or his family may hereafter be entitled to enjoy. The heir is generally made the manager or committee of the estate, it being clearly his interest by good management to keep it in condition: accountable, however, to the court of chancery, and to the non compos himself, if he recovers; or otherwise, to his administrators. See IDIOTY.