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

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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h provide-for them : And alio that full and plain A61 of the I 2th of Queen Anne, wherein it is laid ; ‘ Whereas there are fometimes « Perfons of little or no Efates furioifly mad, and dangci ous to be * permitted to go abioad, and by the Laves in being fufices of the ‘ Peace and Officers have not Power to refrain and confine them': 6 Be it therefore enafted that two or more fufices of the Peace of < the County fhall have Authority to fccure the mad Perfon, and it * fall only be for and during fuch Lime only as finch Lunacy or Mad- * nefs fhall continueThe Plaintif has fince the Trial confulted this Statute, and is furprifed that any Perfon in Authority could tell the jury to this Effect ; that that Aft of Parliament was not violated by the Defendants* whereas it is plain to one of the meaneft Capacity that they have violated this Aft; and with a Very heinous Aggravation, the Plaintif not being inad. If any Perfon fall ufe any violence againf the Plaintif for de¬ cently reprefenting his Cafe in a true Light, he ought to be compar'd to the Inquifi tor-General or Supreme fudge of the Inquifition in Spain or Portugal. Let the other Side, if they can, anfwer this Account: The Prefs is open, and what can hinder them, but Guilt and Inability P Perhaps it will be faid in mirth, * If the Plaintif fhould do any * thing amifs, he ought to be excufed ; for feeing he hath under- 6 gone the Punifhments of a Madman, why ought he not to enjoy the * Privileges of a Madman ?’ The Plaintif behaves rationally and loyally, and in whatever Country he lives he will endeavour to keep himfelf from the Mouth of the Leviathan, if he can with, a good Confcience. As to the Second more Extraordinary Pofitidn. c( That the Plain- “ tf’s Adverfaries were not to blame for making him aPrifoner till <£ he fhould fign their R.eleafeA This Pofition feems to be molt abfurd, and as contrary to Common-Law as it is to Common Reafon. It was faid in fudea when any fcandalcus thing came to pafs; “ Tell it not in Gath* nor publifb it in the Streets of Afkelon.” And we may perhaps fay, ‘ Tell not thefe Pofiiions in Turkey, nor in * the Dominions of the Great Mogul.* If thofe Propofitions were to hold, then Perfons might commit one another as faf as they could, and who then could be Jafe? But they feem f$ (hocking and Jurprifng, that they do not require Confutation, and ids hoped they will never be placed in a?y Book of Reports as true Law or true PraBice. Perhaps fome will fay that Self-Love and Self-Defence have prompted the Plaintif A Adverfaries to infill upon a Releafe from, him, they being like wild Bulls caught in a Net that did not know how to get out; but if Perfons do nothing injurious or illegal, they will have no need of any Releafe. Others may lay, that a great Man fometimes takes Liberty to aflert any Thing, and imagines that his Authority is fuflicient to make it be re¬ ceiv’d ; for Men or the greatell Authority and Merit take often the greatell Liberties; as Schoolboys that are great Proficients in their Learning and their Mailer’s Favourites, will adventure uponr Jftany Firings' without'Teing ptmifh’4, that'Would be puniiVd*Ie- D verely

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