Page images
PDF
EPUB
[ocr errors]

WHOLE LAW

RELATIVE TO

THE DUTY AND OFFICE

OF A

Jultice of the Peace.

COMPRISING ALSO

THE AUTHORITY OF

PARISH OFFICERS.

James Armstrong

BY THOMAS WALTER WILLIAMS, ESQ.

OF THE INNER TEMPLE, BARRISTER AT LAW.

IN FOUR VOLUMES.

VOL. III.

LONDON:

PRINTED FOR G. G. AND J. ROBINSON, PATERNOSTER-ROW,

AND C. AND G. KEARSLEY, FLEET-STREET.

[merged small][merged small][ocr errors][merged small][merged small]

THE

WHOLE LAW

RELATIVE TO THE

DUTY AND OFFICE

O F

A Justice of the Peace.

Ideots and Lunatics.

THE guilt of offending against any law whatsoever, neceffarily fuppofing a wilful difobedience, can never be justly imputed to thofe who are either incapable of understanding it, or of conforming themselves to it.

1 Hawk. c. 1.

Hence ideots and lunatics, who are under a natural difability of diftinguifling between good and evil, are not punishable by any criminal profecution whatfoever. 1 Hawk. c. I. f. 1.

An ideot is a fool or madman from his nativity, and Ideocy. one who never has any lucid intervals. Co. Lit. 247. a. 1 Hale's Hill. 29.

Therefore a perfon that is born deaf and dumb is in prefumption of law an ideot, and the rather because he hath no poffibility to understand what is forbidden by law to be done, or under what penalties'. 1 Hale's Hift. 34.

1 But if it can appear, that he hath the use of understanding, which many of that condition difcover (hereon fee vol. ii. p. 33.) by figns to a very great teafure, then he may be tried, and fuffer judgment and execution, though great caution is to be ufed therein. 1 Hale's Hift, 34.

VOL. III.

B

MAY 23 1907 215614

Lunacy

« PreviousContinue »