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Bland's Reports, Chancery Court 1809-1832
Volume 201, Page 386   View pdf image (33K)
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386 COLEGATE D. OWINGS* CASE.

I shall follow what appear to be the substantial distinctions marked
by external indications, and recognised by our law as manifested
in idiocy, delirium, lunacy, and dotage, (e) *

IDIOCY is that condition in which the human creature has never
had, from birth, any the least glimmering of reason; and is utterly
destitute of all those intellectual faculties by which man, in general,
is so eminently and peculiarly distinguished. It is not the con-
dition of a deranged mind; but that of a total absence of all mind.
Hence this state of fatuity can rarely or ever be mistaken by any,
the most superficial, observer. The medical profession seem to
regard it as a natural defect, not as a disease in itself, or as the
result of any disorder. In law, it is also considered as a defect,
and as a permanent and hopeless incapacity. (f)

DELIRIUM is that state of the mind in which it acts without being
directed by the power of volition, which is wholly or partially
suspended. This happens most perfectly in dreams. But what is
commonly called delirium, is always preceded or attended by a
feverish and highly diseased state of the body. The patient in
delirium is wholly unconscious of surrounding objects; or con-
ceives them to be different from what they really are. His thoughts
seem to drift about; wildering and tossing amidst distracted dreams.
And his observations, when he makes any, as often happens, are
wild and incoherent; or, from excess of pain? he sinks into a low
muttering, or silent and death-like stupor.(g) The law contem-
plates this species of mental derangement as an intellectual eclipse ;
as a darkness .occasioned by a cloud of disease passing over the
mind; and which must soon terminate in health or in death.(h)

LUNACY is that condition or habit in which the mind is directed
by the will, but is wholly or partially misguided, or erroneously
governed by it; or it is the impairment of any one or more of the
faculties of the mind, accompanied with, or inducing a defect in
the comparing faculty. For, as has been observed by a great
philosopher, those who either perceive but dully, or retain the ideas
that come into their minds but ill, who cannot readily excite or
compound them, will have little matter to think on. Those who
cannot distinguish, compare, and abstract, would hardly be able to

(e) 1 Par. & Fonb. 307; Rush on the Mind, 234; Shelf. Lun. intro. s. 2.—(f) 1 Par.
& Fonb. 289, 808; Rush on the Mind, 292; Co. Litt. 246; 1 Hawk. P. C. 2, note;
Donegal's case, 2 Ves. 408.—(g) 2 Zoonomia, C. 2, 1, 7; Rees' Cyclo. ver. Deli-
rium; Rush on the Mind, 9, 298; 1 Par. St Fonb. 300.—(h) 1 Coll. Idiots, 7,405;
I Fonb. 68; Shelf. Lun. 48; Brogden v. Brown, 2 Add. Eccl. Rep. 441.

 

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Bland's Reports, Chancery Court 1809-1832
Volume 201, Page 386   View pdf image (33K)
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