Madness on trial by James Moran

Author:James Moran [Moran, James]
Language: eng
Format: epub
Tags: Social Science, General, History, Social History, Law, Legal History, Medical, Mental Health
ISBN: 9781526133052
Google: NnS5DwAAQBAJ
Publisher: Manchester University Press
Published: 2019-05-13T04:14:32+00:00

Here, we can see the logic of the law trying to include cases of lunacy that lie beyond England's geographical jurisdiction. In the case of those going mad in the ‘plantations’ it was sometimes necessary to launch two lunacy law investigations – one sanctioned by the governor of the colony, securing the guardianship of the lunatic and his/her property in the colony, and the other sanctioned by the Lord Chancellor to secure the integrity of his/her property in England. As Hardwicke put it:

there can be no good reason why, if any subject having an estate in England, happens to be an idiot or lunatic, but is out of the kingdom, there can be no inquiry here. No inquiry can be made beyond sea; for it is not to be executed by the commissioners only, as in taking an answer or assigning a guardian, which may be executed beyond sea, but there must be a jury to inquire of the fact; which must be of a county of England: then if no inquiry can be here, both the person and his estate would be in a very unfortunate case, and also the King as to his prerogative.40

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