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 21, 2025.

Pages

SOLUTION.

THE Estate, and Persons of Idiots, and Lunatick•…•… are by Law intrusted with the Supreme. Should th•…•… Sovereign Trustee commit the Body, or Estate, of either of them, to I. S. to do with them as absolutely, and inordinately, as he pleases, the Grant were void; be∣cause Breach of Trust; and the Committee punishable for any exorbitant Usage. The Author of an Act, entitu•…•… led, Defensio Legis, Sect. 10. Par. 81. p. 139. Edit 1674.

The Estates and Persons of Idiots, and Lunaticks, (saith the Lord Chief Justice Hobart) are by Law intrusted to the King; if therefore the King should grant to one that intrudeth upon the Possessions of an Idiot, or Luna∣tick, or take their Persons unlawfully, that he would not meddle with them, but suffer them to do their plea∣sure, these Grants were void: For these are Acts of Ju∣stice, and Offices of a King, which he cannot put off: Cessa regnare, si non vis judicare. And in these things the King is never supposed by Law ill affected, but abu∣sed and deceived; for Eadem praesumitur mens Regis,

Page 27

•…•…ae est Iuris. Hobart's* 1.1 •…•…eports, f. 155. Colt and •…•…lover, v. Bishop of Co∣•…•…ntry and Litchfield.

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