Non compos mentis: or, the law relating to natural fools, mad-folks, and lunatick persons, inquisted, and explained, for common benefit / [John Brydall].

John Brydall

Date:: 1700

Credit: Non compos mentis: or, the law relating to natural fools, mad-folks, and lunatick persons, inquisted, and explained, for common benefit / [John Brydall]. Source: Wellcome Collection.

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$too tPje Hats) of Compos Mentis. XVIII. REMARK. A Lunatick, hi his mad Fits, cannot Attorn to a Grant, for that he who hath no Underltanding cannot make an Agreement to 'the Grant, Co. Lit. f. 5^5' ® E. 5* 53. 6Co.6p.a. Sir Moil Finch's Cafe. But a Man that is deaf and dumb, tho he hath no Lltideritanding, may Attorn by Signs. 2<5 E. 3. 63. Co. Lit. 315-,a‘ XIX. REMARK. If a Lunatick Man, during the time of his Furor, or Infanity of Mind, make a Feoffment, &c. he cannot en- ^ter nor have a Writ, called Duffi tioyi cc/wjios Tnaitis \ but after his Death, his Heir may well enter, or have the faid Writ at his choice. The fame Law is, where an In¬ fant within Age makes a Feoffment, and dies, his Heir may enter, or have a Writ of Dnm fuit infra etatem s • But with this difference, that the Writ of Dumfuit non compos mentis, lieth for the Heir of him that was Non compos mentis, and not for himfelf i but a Duni fuit in¬ fra atatem, lieth as well for the Ancellor himlelf, after his full Age, as for his Heirs. Lit. fell. 40 6. Co.Litf.isg]. b. Wingate in his Body of the Common Law of Eng- * land. c.25. ».20,21,22,23. XX. REMARK. , ' - A Mad-man, or a Lunatick, may be imprifoned by another, to prevent killing 22 E. 4.45* • of him, or burning his Houfe, and juhifiable. The Lord Hobart fays, That the r . neceility of avoiding greater Moor v. Htt/ej, . 9 Inconvenience, is a good Pica in Lav/ i as where one kills a Thief, or a Burglar, in$