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.

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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.
Rights/Permissions: To the extent possible under law, the Text Creation Partnership has waived all copyright and related or neighboring rights to this keyboarded and encoded edition of the work described above, according to the terms of the CC0 1.0 Public Domain Dedication (http://creativecommons.org/publicdomain/zero/1.0/). This waiver does not extend to any page images or other supplementary files associated with this work, which may be protected by copyright or other license restrictions. Please go to http://www.textcreationpartnership.org/ for more information.
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 19, 2025.

Pages

XIX. REMARK.

If a Lunatick Man, during the time of his Furor, or Insanity of Mind, make a Feoffment, &c. he cannot en∣ter, nor have a Writ, called Dum non fuit compos mentis; but after his Death, his Heir may well enter, or have thè said Writ at his choice. The same Law is, where an In∣fant within Age makes a Feoffment, and dies, his Heir may enter, or have a Writ of Dum fuit infra aetatem; But with this difference, that the Writ of Dum fuit non compos mentis, lieth for the Heir of him that was Non compos mentis, and not for himself; but a Dum fuit in∣fra aetatem, lieth as well for the Ancestor himself, after his full Age, as for his Heirs. Lit. sect. 406. Co. Lit. f. 247. b. Wingate in his Body of the Common Law of Eng∣land, c. 25. n. 20, 21, 22, 23.