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.

Sir Geoffry Palmer, the* 1.1 King's Attorney-General, on the behalf of Ierome Smith, a Lunatick, against Sir Robert Parkhurst, and others.

The Bill did suggest, that by Inquisition taken before the Mayor of London, by Virtue of a Writ to him direct∣ed, the said Ierome Smith was the 23d of Iune, 1664, found a Lunatick, and had Lucid Intervals, and had not sufficient Government of Himself, his Lands, and Goods; and that he was Lunatick the last of Iune, 1647; and during his Lunacy he had several Sums of Money due to him, which he had wasted, and alienated divers Goods;

but to whom, the Jurors were ignorant. And did charge, that one Archibald owed the Lunatick, during his Luna∣cy, 1300 l. by good Security; and that in 1656, the Defendant caused the Lunatick to assign Archibald's Debt to him, and had received the same, upon Colour of a Sa∣tisfaction given to the Lunatick for the same; whereas that pretended Satisfaction was not valuable, and was done in prejudice▪ of the Lunatick: And to have an Account of 1300 l. and to be relieved, was the Scope of the Bill.

The Defendant sets forth by Answer, That he sold the said Ierome Smith, in 1656, a Mannor, which he much desired to buy, at 1200 l. it being the Place of his Birth; Ierome Smith assigned Archibald's Debt for to satisfie himself the Purchase-Mony, and pay the Over-plus to Smith; which he did; and did convey the said Mannor to Smith, and insisted, that Smith was not a Lunatick at that time, and did usually buy, and sell, &c.

This being the Nature of the Case, it came first to be heard before Justice Tyrrel, who altho' it did appear, that the Defendant had conveyed the said Mannor to Smith, for the said 1200 l. and that Smith did at that time usu∣ally Barter, and was not found a Lunatick till eight Years after, with a Retrospect of seventeen Years, did order the Defendant to Account for the 1300 l. being Archibald's Debt, and to satisfie the same with Damages, without any Provision for the Defendant's having the Mannor again, or Account for the Mesne Profits. And tho' it was stood up∣on, at the Hearing, that in Case of a Lunatick, (where the King hath no Interest in his Estate, but as Pater Pa∣triae, commits him to another to manage it for him, the Lunatick, in case he recover his Senses, and Wits, shall have his Estate again; and if not, it will go to his Administra∣tors) the Lunatick himself (as in the Case of an Infant) ought to have been a Party: Yet that Opinion was over∣ruled by the Judges, and by the Lord-Keeper, on a Re∣hearing: But the Lord-Keeper did stay the passing that

Decree, and gave Liberty to the Defendant to traverse the Inquisition.

Out of this Decree may be collected these Notes:

• 1. That the Party is admittable to traverse the Inqui∣sition, if he pleases.
• 2. That generally a Lunatick ought to be made a Party.
• 3. That the Reason why it was over-ruled, in the Case aforesaid, was, because he might stultifie himself.

Notes

• * 1.1

  De Term. Sanct. Mich. Anno Regis 20 Car. 2. in Cancellaria, Smith a Lunatick against Sir Ro∣bert Parkhurst.