The lunacy acts : containing all the statutes relating to private lunatics, pauper lunatics, criminal lunatics, commissions of lunacy, public and private asylums, and the commissioners in lunacy with an introductory commentary, notes to the statutes, including references to decided cases, and a copious index / by Danby P. Fry.

  • United Kingdom
Date:
1877
Catalogue details

Licence: Public Domain Mark

Credit: The lunacy acts : containing all the statutes relating to private lunatics, pauper lunatics, criminal lunatics, commissions of lunacy, public and private asylums, and the commissioners in lunacy with an introductory commentary, notes to the statutes, including references to decided cases, and a copious index / by Danby P. Fry. Source: Wellcome Collection.

    21/790 (page 7)
    together would suffice, unless they believed themselves justified, on a review of the whole evidence, in referrmg them to a morbid condition of intellect.—(rm^j, 30th January, 1862). Royal Prerogative:]—ThQ distinction between an idiot {idiota a nativitate), and a lunatic {idiota a casic et infirmitate), was important in the early state of the law. The custody of the born idiot, and his lands, was formerly vested in the lord of the fee (Fleta, 1. i, c. II, s. 10); but, says Blackstone, by reason of the manifold abuses of this power by subjects, it was at last provided by common consent that it should be given to the King, as the general conservator of his people, in order to prevent the idiot from wasting his estate, and reducing himself and his heirs to poverty and distress (F. N. B. 232). This fiscal prerogative of the King is declared in Parliament by statute 17 Ed- ward II., which directs in affirmance of the common law (4 Rep. 126.—Mem. Scacc. 20 Edw. I., prefixed to Maynard's Year Book of Edw. II., fol. 20, 24), that the King shall have ward of the lands of natural fools, taking the profits, without waste or destruction, and shall find them necessaries; and after the death of such idiots he shall render the estate to the heirs, in order to prevent such idiots from alienating their lands, and their heirs from being disinherited. This statute is still in force so far as regards the pro- visions concerning idiots and lunatics (see the Statutes, post), though most of its other enactments have been re- pealed. That it was in furtherance of the common law is pointed out by Coke (4 Rep. 123 b., Beverley's Case), who says:— In the case of an idiot, or fool natural, for whom there is no expectation, but that he, during his life, will remain without discretion and use of rea- son, the law has given the custody of him, and all that he has, to the King, who fas F. N. B., 232, says) is bound of right by his laws to defend his subjects, and their goods and chattels, lands and tenements; and because every subject is in the King's protection, an