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.

    23/790 (page 9)
    of lunatics. It seems to us in the present day some- what startling to find the subject dealt with in this manner, as if idiots and lunatics were only worthy oi consideration as forming a part of the King's financial resources; but it must be remembered that it was for the protection of the insane person's property, and its preservation for himself or his heirs, and not for the benefit of the royal revenue, that the statute of Edward II. was passed. It had so far a benevolent intention, though it did not contemplate the more important object which has obtained so much prominence in our own times—the cure, or at least the kindly and con- siderate treatment of the insane person himself The fact, however, that Blackstone deemed it most fit- ting to consider this topic in treating of the revenue, implies that the management of the estates of idiots, if not of lunatics, must have been at that time a source of profit to the Crown. Procedure.]—With regard to the mode of procedure, Blackstone observes, By the old common law there is a writ de idiota inquirendo, to inquire whether a man be an idiot or not (F. N. B. 232), which must be tried by a jury of twelve men; and if they find him purns idiota, the profits of his lands and the custody of his person may be granted by the sovereign to some sub- ject who has interest enough to obtain them. This branch of the revenue hath long been considered as a hardship upon private families; and so long ago as in the eighth year of James I. it was under the considera- tion of Parliament to vest this custody in the relations of the party, and to settle an equivalent on the Crown in lieu of it; it being then proposed to share the same fate with the slavery of the feodal tenures, which has been since abolished (4 Inst. 203.—Com. Journ. 1610). Yet few instances can be given of the oppressive exer- tion of it, since it seldom happens that a jury finds a man an idiot a nativitaic, but only non compos mentis from some particular time, which has an operation very different in point of law.