In the insane mind, these parentheses of reason, have been technically

denominated a lucid interval, which in a former work[102:A] I have

endeavoured to explain, as far as such state becomes obvious to the

medical practitioner. Its legal force I do not pretend to calculate.

According to the legal interpretation of a lunatic, he ought, in common

justice, at those bright periods when he possesses an _extremely

sound mind_, to be lawfully allowed the free and valid exercise of

his volition. But having noticed in the work above mentioned that

the term _interval_ is extremely indefinite, as applied both to time

and space, it is the province of the law to define its duration

and extent. As a constant observer of this disease for more than

twenty-five years, I cannot affirm that the lunatics with whom I

have had daily intercourse, have manifested these alternations of

insanity and reason. They may at intervals become more tranquil, and

less disposed to obtrude their distempered fancies into notice. For

a time their minds may be less active, and the succession of their

thoughts consequently more deliberate;—they may endeavour to effect

some desirable purpose, and artfully conceal their real opinions,

but they have not abandoned or renounced their distempered notions.

It is as unnecessary to repeat that a few coherent sentences do not

constitute the sanity of the intellect, as that the sounding of one

or two notes of a keyed instrument, could ascertain it to be in tune.

To establish its sanity it must be assayed by different tests, and it

must be detected to be as lucid on the subject of those delusions,

which constituted its insanity, as on topics of a trivial nature. But

the law alone must determine whether it will consider an individual

sane act as a lucid interval, and infer soundness of _mind_, which is

the abstract term for all the intellectual phenomena, and implies the

aggregate of the ideas, of the individual, from a single and successful

effort.

[102:A] Vide Observations on Madness and Melancholy pages 44

and 210.

If the performance of a sane act by an insane person should be deemed

valid, let the converse of the proposition be allowed. Many who have

been of accredited soundness of mind have in some instances made such

a testamentary disposition of their property as has astonished those

who have survived them. Without apparent reason or provocation they

have left their property away from their nearest relations to public

institutions, officers of state, or to those with whom they were very

slightly acquainted. Has this single act, independently of other

concurring or collateral evidences of derangement, born the imputation

of insanity? Would the uniform tenor of sane and consistent conduct,

for many years, both prior and posterior to such act, be set aside for

this individual deed? If it should, then long existing insanity ought

to be overlooked by a single act of consistency. The reader must be

aware that this is general reasoning, as no particular case has been

the subject of discussion. The search has been directed to a broad and

general principle, without prying into subtil distinctions;—it is

reasoning as far as a knowledge of the human intellect, in its sane and

disordered state, may be expected from medical opinion; but it presumes

not to dictate to that constituted authority denominated law, which in

all civilized nations, has been wisely established for the protection

and happiness of the community.

_Printed by G. HAYDEN, Brydges Street, Covent Garden._

TRANSCRIBER’S NOTES

The following corrections have been made to the original text:

Page 9: wanted the means[original has “sn” in inverted type] of

direct information

Page 9: subtil craziness[original has “crasiness”] of Hamlet

Page 13: having gauged[original has “guaged”] his insanity

Page 15: where he betrays[original has “bewray”] no derangement

Page 18: gratuitous and groundless supposition[original has

“suppposition”]

Page 20: Is it[original has “is”] christian-like to deem him

Page 36: These apparitions[original has “apparations”] were

obtruded

Page 54: although it[original has “its”] deserves the fullest

consideration

Page 58: where he perfectly recovered.[period missing in

original]

Page 60: witnessed only two attempts[original has “at-attempts”

hyphenated across a line break]

Page 64: state of the person’s[original has “persons’s”] mind

Page 73: obstacle to its advancement.[period missing in

original]

Page 79: medical persons in[original has “person sin”] the

treatment

Page 89: if such term be[original has “he”] legally insisted

Page 100: but the volition[original has “voli-lition”

hyphenated across a line break] of a sound

Medical jurisprudence as it relates to insanity, according to the law of England · 第 4 / 4 段