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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** felf had declar’d that your Diflemper was mt a Lunacy^ hut 44 only a pe<ver on the Nerwes^, was, I think, fufficient to influence 44 any cohfiderate and judicious Juryman to be for bringing a 44 Verdift for you. 44 ’Tis undoubtedly true, that the Law will not fuffer any in- 44 different Perfon to confine a Lunatick; and it would be of the 44 moil dangerous Confequenge if the Law did: And this is 44 evident from the Twelfth of plueen Anne, Chap. 23, wherein 44 it’s recited by the Laws then in being, That even Juf ices of 44 the Peace and Officers had not Power or Authority to rellrain 44 and confine Lunaticks; and therefore that Statute gives ¥hem “ and only Them that Power : And left that Aft (which gives a “ Power to Juiiices and Officers only) fhould be conkrued to take 44 away or abridge the Power which the Sovereign or Chancellor 44 had, there is an exprefs Provifo for that purpofe, That they “ might notwithf andbig the Statute, exercife their Power. 44 The Law has chalked a Track for the Friepds of the 44 Lunatick to follow, and they have been always obliged tofol- 44 low it. 44 ft was faid a-t the Trial, [by a Perfon in Authority] that *l the Intent of the faid Statute was to compel Juflices and Officers ** to fecure Lunaticks, that they might not walk in a helplefs u and dangerous Condition, and that the Aft was rather com- pulfory than giving them a Power: but whoever reads the Statute 44 will find it not fo ; for it only gives them a Power which they 44 had not before : And this is evident from what I faid before in a‘ the Recital, and alfo from the enafting Claufe, which fays, 44 That it J,halt and may he lawful for Juftces, &c. 44 i could have wifhed your Trial had been taken down werla- 44 Hm and publifh’d, for it’s a Scandal to the Legislative Power 44 that fo much Barbarity fhould be tolerated, and praftifed in 44 Private Madhoufes. Any Humane Perfon that heard your 4)4 Treatment and Trial, mull bear the utmoll Detellation to fuch 44 Proceedings. 44 Your private Papers which ware read, and feem the only t4 Evidence againil you, were but of little weight with feverai 44 of the Gentlemen then prefent: There is fcarce any one Man 44 that has any fhare of Vivacity or Flights of Temper, but has 44 been Author of fuch Produftions. 1 have myfelf often wrote 44 much more confufe'd Stuff than yours, yet never was taken for 44 a Madman. 44 Undoubtedly Wightman reprefented you to your Father in a 44 much worfe Light than your Cafe deferred. Wightmarfs Let- 44 ter fhould have been produced and proved, before your Fa- 44 ther’s Anfwer could be a fatisfaftory Evidence. “It was a piece of bad Policy in you to bring your weakefi: 44 Caufe on firlt; for, as againfl Wight man, you could never haye 44 failed of a Verdift : And this was the Opinion of feverai 4,4 Counfel. D 2 <• The

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