384 COLEGATE D. OWINGS' CASE.

able English reported adjudications in relation to the subject of
insanity.

It is admitted, that many of the wise and sound maxims of the
law are founded on considerations of public policy. But it by no
means follows, that they are each of them similar and in principle
alike; or that they do, in any respect, sustain each other by
analogy. Upon considerations of public policy, the law will not
permit the verity of certain public acts and judicial records to be
called in question; but the foundation of that rule, it is evident, is
very different;—indeed it is admitted to be directly contrary from
that of this maxim, in relation to contracts.(b)

Upon the whole, I am clearly of opinion, that this English rule,
which declares, that a man shall not stultify himself by his own
plea, never has been, and ought not to be considered as a part of
the law of Maryland. And having thus disposed of this prelim-
inary point, upon the determination of which the nature of the
further investigation of this case so essentially depended, I feel
myself now at liberty to take every view of it which the pleadings
and proofs will warrant; and to dispose of it upon the established
rules of equity, and the broad principles of natural justice; and
shall proceed accordingly.

Before I go into an examination of the proofs, it seems to be
proper that something should be said respecting the general nature
of insanity, or that unsound condition of the human mind, to which
so large a portion of the testimony relates; and, upon a just con-
ception of which infirmity, a correct determination of this case so
mainly depends. " Madness," says Sir William Scott, " is a state
of mind not easily reducible to correct definition, since it is the
disorder of that faculty with which we are little acquainted; for all
the study of mankind has made but a very moderate progress in
investigating the texture of the mind, even in a sound state.
In disease, where it has pleased the Almighty to envelope the
subject matter in the darkness of disease, it will probably always
continue so; but the effects of this disordered state are pretty well
known. We learn from experience and observation all that we
can know, and we see that madness may subsist in various degrees,
sometimes slight, as partaking rather of disposition or humour,
which will not incapacitate a man from managing his own affairs,
or making a valid contract. It must be something more than this;

(b) 1 Pow. Cont. 22.