Chapters in the History of the Insane in the British IslesTuke, Daniel Hack
History
Chapters in the History of the Insane in the British Isles
Tuke, Daniel Hack
Mental health laws -- Great Britain; Mental illness -- Great Britain; Mentally ill -- Care; Psychiatric hospitals -- Great Britain
In more recent times three Commissioners appointed by the Lord
Chancellor issued a writ _de lunatico inquirendo_. The jury found
whether the person was or was not insane, and the Lord Chancellor
received the verdict through the above Commissioners. In time this
course was found inconvenient and cumbrous, and in the reign of William
IV. (stat. 3 and 4, c. 36, s. 1), in the year 1833, the Lord Chancellor
was authorized to cause commissions "to be addressed to any one or more
persons to make inquisitions thereon, and return the same into the Court
of Chancery, with the same power as was before possessed by three or
more Commissioners in such Commission named."[220]
By stat. 5 and 6 Vict., c. 84, the Lord Chancellor was authorized to
appoint two barristers called "the Commissioners in Lunacy," to whom all
writs _de lunatico inquirendo_ were to be addressed, and who should
perform the duties then performed by Commissioners named in commissions
in the writ. In 1845 the title was changed from Commissioners to
"Masters in Lunacy" (8 and 9 Vict. c. 100). It was previously the
practice to refer all matters connected with the person and estates of
the lunatic, after he was found so under commission, to the ordinary
Masters in Chancery. These were transferred to the new Masters in
Lunacy. All inquisitions were still held before a jury.
It will be seen, then, that although formerly, when a person was found
to be an idiot or a lunatic, he was placed under a committee appointed
by the king, in the course of time objection was taken to this course
on account of the suspicion of partiality attaching to his appointment,
and the king transferred his right to the Lord Chancellor.[221]
These Acts direct proceedings for a commission to be taken as
follows:--The petition for a commission, duly supported by medical and
other affidavits, is to be lodged with the Secretary of Lunatics, for
the Lord Chancellor's inspection. If satisfactory and unopposed, the
petition is endorsed and the commission issues. If a _caveat_ is
entered, liberty is given to attend and to oppose it, and the inquiry is
held in the most convenient place. A jury of twenty-four persons is
summoned to determine the case, by the sheriff, instructed by the Master
in Lunacy. The jury and the Master being assembled, and the former
sworn, the Master in Lunacy is to explain to the jury what they have to
try; and if the person is found to be a lunatic, the time at which he
became so, and whether he has lucid intervals. After counsel have been
heard, and the alleged lunatic examined, the Master is to sum up, and
the verdict, which must be concurred in by twelve, is then given.
The inquisition is now filled up and signed by the twelve jurymen, the
Master annexing a duplicate copy to the commission; and they are
endorsed with the words, "The execution of this commission appears by
the inquisition hereunto annexed."[222]
Public-domain text, read in full here on John Shaqi.
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