All Acts which a Man doth during his Lunacy, are equi∣valent to Acts done by an Idiot, or he who is utterly* 1.1 Non compos mentis; but Acts done by himself, Inter lucida intervalla, when he is of sound Memory, shall bind him: And this is agree∣able to what Bracton hath pronounced in the Case of* 1.2 such as enjoy their lucid In∣tervals; his Words are: Furiosi non multum distant a Brutis, quae ratione carent, nec valere debet quod cum ta∣libus agitur durante furore, possunt enim quidam dilucidis gaudere intervallis, & quidam habent furorem perpetuum. Quod autem actum fuerit cum talibus tempore quo diluci∣dis gaudent intervallis, ratum erit ac si cum aliis agere∣tur, sive furorem simulaverint, sive non. With Bracton concurs Fleta, as you may see in Lib. 6. cap. 40. nu. 1.
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
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http://name.umdl.umich.edu/A29951.0001.001
- Cite this Item
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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." In the digital collection Early English Books Online. https://name.umdl.umich.edu/A29951.0001.001. University of Michigan Library Digital Collections. Accessed June 20, 2025.
Pages
XII. REMARK.
Notes
-
* 1.1
4 Co. Beverley's Case.
-
* 1.2
Lib. 5. tract. 5. c. 20. nu. 1.