Mr. Cruden greatly injured: an account of a trial between Mr. Alexander Cruden ... and Dr. Munro [and others], defendants ... July 17, 1739, on an action of trespass, assault and imprisonment ... To which is added a surprising account of several other persons who have been most unjustly confined in private madhouses / [Alexander Cruden].

  • Alexander Cruden
Date:
1739
Catalogue details

Licence: Public Domain Mark

Credit: Mr. Cruden greatly injured: an account of a trial between Mr. Alexander Cruden ... and Dr. Munro [and others], defendants ... July 17, 1739, on an action of trespass, assault and imprisonment ... To which is added a surprising account of several other persons who have been most unjustly confined in private madhouses / [Alexander Cruden]. Source: Wellcome Collection.

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    •* felf had declar'd that your Diftemper was not a Lunacy, but << only a fever on the Nerves, was, I think, fufficient to influence ** any confiderate and judicious Juryman to be for bringing a (( Verdict for you. 'Tis undoubtedly true, that the Law will not fuffer any in- ** different Perfon to confine a Lunatick; and it would be or the moil dangerous Confequenge if the Law did: And this is evident from the Twelfth of Queen Anne, Chap 23, wherein «< it's recited by the Laws then in being, That even Juftices of the Peace and Officers had not Power or Authority to reftrain and confine Lunaticks; and therefore that Statute gives Them and only Thpm that Power : And left that Aft' (which gives a Power to Jaiiices and Officers only) mould be conflrued to take away or abridge the Power which the Sovereign or Chancellor had, there is an exprefs Provifo for that purpofe, That they might notwithflanding the Statute exercife their Potver. The Law has chalked a Track for the Friends of the Lunatick to follow, and they have been always obliged tofof- 44 low it. It was faid at the Trial, [by a Perfon in Authority] that *' the Intent of the faid Statute was to compel Juftices and Officer's « to fecure Lunaticks, that they might not walk in a helplefs '* and dangerous Condition, and that the Aft was rather com* 4i pulfory than giving them a Power: but whoever reads the Statute will find it not fo ; for it only gives them a Power which they had not before : And this is evident from what I faid before id the Recital, and alfo from the enacting Claufe, which fays, That it Jhall and may he lawful for Juftices, Sec. I could have wiflied your Trial had been taken down verba- Hm and publifh'd, for it's a Scandal to the Legiflative Power that fo much Barbarity mould be tolerated, and praftifed in *< Private Madhoufes. Any Humane Perfon that heard your ** Treatment and Trial, mult bear the utmoft Deteftation to men Proceedings. Your private Papers which ware read, and feem the only «■ Evidence againft you, were but of little weight with feveral of the Gentlemen then prefent: There is fcarce any one Man *' that has any fhare of Vivacity or Flights of Temper, but has «« been Author of fuch Productions. 1 have myfelf often wrote V much more confufed Stuff than yours, yet never was taken for a Madman. Undoubtedly Wightman reprefented you to your Father in a much worfe Light than your Cafe deferved. Wightman's Let- «« ter mould have been produced and proved, before your ■ Fa- ther's Anfwer could be a fatisfaftory Evidence. ** It was a piece of bad Policy in you to bring your weakeft M Caufe on firit; for, as againft Wightman, you could never have failed of a Verdict: And this was the Opinion of feveral *w Counfel. D 2 The