Medical Jurisprudence, Volume 3 (of 3)Paris, John Ayrton
Science
Medical Jurisprudence, Volume 3 (of 3)
Paris, John Ayrton
Medical laws and legislation -- Great Britain
Secondly, if he be then in a lucid interval, and therefore fit to be
tried, whether he was so at the time of the act committed, and this must
be tried according to the whole evidence both of the fact and the
lunacy, on a plea of not guilty.[97]
For criminal purposes it is not sufficient that a prisoner have been
previously found idiot or lunatic, or the contrary, by inquisition in
chancery, _1 H. P. C._ _p._ 33, though the circumstance may create a
strong presumption. For there may be a partial insanity which may
disqualify a man from the management of his estate, and therefore render
him a fit subject for the equitable protection, although he may have a
perfect sense of right and wrong in criminal matters, and ought
therefore to be responsible for his acts. Personal antipathies and
fancied injury are constant subjects of limited insanity; but these
ought not to excuse murder; for such a doctrine, by removing the
restraints of fear, would constantly convert the passions of hatred and
revenge, in themselves limited madness, into absolute insanity.
“He that is _non compos mentis_ and _totally_ deprived of all
compassings and imaginations, cannot commit high treason by compassing
or imagining the death of the king; for _furiosus solo furore punitur_;
but it must be an _absolute_ madness, and a total deprivation of
memory.” _Coke_, _P. C._ _p._ 3; but in _Beverly’s_ case, _4 Rep._ 124,
he says “_Mes in ascun cases non compos mentis poit committe haut
treason, comme si il tua, ou offer a tuer le roy_.” “This,” says _Sir
Mathew Hale_, “is a safe exception, and I shall not question it, because
it tends so much to the safety of the king’s person: but yet the same
author (_Coke_ _P. C._ _p._ 6) tells us, that though this was anciently
thought to be law, yet it is not so now; for such a person as cannot
compass the death of the king by reason of his insanity, cannot be
guilty of treason within the statute of _25 Ed._ 3.” Nothing can be more
honourable to the independent impartiality of the English law than such
an interpretation, amply illustrated in the cases of _Hatfield_ (_27
How. St. Tri._) and others, who had attempted the life of his late
Majesty _George_ the 3d; and this more especially, as the king must at
all times be more exposed to this species of attack than any other
person; for beside the sense of supposed wrong, delay or perversion of
justice, exaggerated political feeling,[98] or other causes all pointing
the maniac to the same object, there is no madness more frequent than
fancied greatness; lunatic asylums are filled with imaginary emperors,
kings, princes, and nobles, whose only glimmering of reason is to direct
their vengeance against the supposed usurpers of their dignities.
Public-domain text, read in full here on John Shaqi.
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