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[001] But it may be enquired into by the country whether he was1 legitimate or not, as it
[002] may be enquired whether he held freely or in villeinage,2 though an enquiry as to the
[003] status of a person cannot be made after his death,3 as [in the roll] of Michaelmas term
[004] in the sixth and the beginning of the seventh years of king Henry.4

An exception arising from the person of the demandant if he is not of sane mind, that is, insane.


[006] A peremptory exception arising from the person of the demandant also lies for the
[007] tenant if the demandant is insane or of unsound mind, so that he knows not how to
[008] understand or has no understanding at all, for such men are not far removed from
[009] brute beasts which lack reason,5 nor ought any dealings with such persons to hold
[010] good, [that is], during their madness, for some may enjoy lucid intervals and others
[011] not, and dealings with them during the time they enjoy lucid intervals will be good,
[012] as if they were done with others, whether they feign madness or not. They cannot
[013] acquire property while they are mad, or when they are not of sound mind, because
[014] they cannot consent, nor can they alien or give what they have acquired, because
[015] they can no more consent to an alienation than to an acquisition,6 but they retain
[016] seisin because they cannot change the animus they had when they were of sound
[017] mind.7 Supervening madness deprives one of nothing, no more than the onset of an
[018] incurable disease, like leprosy, in accordance with the rule that many things hinder
[019] the making of a contract which do not destroy it, and likewise there are many which
[020] stand in the way of making a promotion which do not defeat it once it has been made.
[021] To such men a tutor or curator must of necessity be given. But what is to be said of a
[022] fool? A fool may acquire, provided8 he has understanding in some matters. To such a
[023] curator is also given, unless indeed he expressly renounces, because one does not
[024] acquire against one's express will, as happened coram rege with respect to9 the brother
[025] and heir of Herbert son of Peter, who publicly renounced his inheritance, so that his
[026] younger brother Reginald succeeded him. But if he is a fool who cannot distinguish



Notes

1. ‘fuit’

2. Supra iii, 92, 109, 288, 308

3. C. 7.16.13

4. B.N.B., no. 211 (Trin. 6)

5. Supra ii, 424

6. Supra ii, 52

7. Supra ii, 134, iv, 177

8. ‘dum tamen’

9. ‘de,’ OC, CE


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