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.

SOLUTION.

A. bound himself in a Bond of 1000 l. to B. and this Bond being sued against him, he exhibited a Bill in the Court of Requests, to be re∣lieved against the same, and* 1.1 set forth in his Bill, that a•…•… the time of the entring into the said Bond, he was No•…•… compos mentis; and whether in this Case a Prohibition should be awarded, was the Question? And in this Case it was resolved, That the same being against an express Maxim of the Common Law, That the Party shall no•…•… disable himself, that he shall not have Relief in any Court of Equity; for that shall be in Subversion of a Principle, and Ground in Law.

For the maintaining of this same Principle, I will sub∣join a Judgment given by the Judges of the King's Bench▪ in the Case of an Action of Debt, upon an Obligation▪ and it was thus:

Debt upon an Obligation. The Defendant pleads▪ That at the time of the Ob∣ligation made, he was D•…•…* 1.2 non sane memorie. And i•…•… was thereupon demurre•…•… and adjudged to be no Plea: For he cannot save himself by such a Plea; and the Opinion of Fitzherbert held to be no Law. Wherefore it was adjudged for the Plaintiff.

Notes

• * 1.1

  4 Co. f. 124. a. Beverley's Case.
• * 1.2

  Cro. El. f. 398. Pl. 4. Stroud v. Marshal.