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Non compos mentis, or, The law relating to natural fools, mad-folks, and lunatick persons inquisited and explained for common benefit / by John Brydall, Esq.

About this Item

Title
Non compos mentis, or, The law relating to natural fools, mad-folks, and lunatick persons inquisited and explained for common benefit / by John Brydall, Esq.
Author
Brydall, John, b. 1635?
Publication
London :: Printed by the assigns of Richard and Edward Atkins, Esquires, for Isaac Cleave ...,
1700.
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Subject terms
Insanity -- Jurisprudence -- Great Britain.
Link to this Item
http://name.umdl.umich.edu/A29951.0001.001
Cite this Item
"Non compos mentis, or, The law relating to natural fools, mad-folks, and lunatick persons inquisited and explained for common benefit / by John Brydall, Esq." In the digital collection Early English Books Online. https://name.umdl.umich.edu/A29951.0001.001. University of Michigan Library Digital Collections. Accessed June 17, 2025.

Pages

Page 17

XXIV. REMARK.

The Law gave the King but the Custody of the Lands of-the Idiot; and altho' the same continued during the Life of the Idiot, yet having but the Custody, the King hath not the Freehold, or Fee, but the Freehold is in the Idiot: For the Statute of Praerogativa Regis, c. 9. saith, Quod post mortem eorum reddet ea rectis Haeredibus: That after the Death of such Idiots, he shall render it to the right Heirs, 17 E. 3. 11. 13 E. 3. Saver Default 37. 4 Co. f. 126. b. Beverley's Case.

Stamford Super Praerog. c. 9. is of the same Opinion; Tho' the King (saith he) has the possession during the Idiot's Life, yet the King hath* 1.1 not the Freehold thereby, but only a bare Custody, for the Freehold remains in the Heir.

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