cases, be altogether prevented, or at least its effects mitigated by the proper government of the passions and desires, by regularity of conduct, and by a judicious employment of the mind in the pursuit of rational and worthy objects; this may not be within the power of all, but might undoubtedly be more generally adopted than it is.

Among some of the qualities which constitute a well regulated mind, may be mentioned the cultivation of a habit of steady and continuous attention; or of properly directing the mind to any subject which is before it, so as fully to contemplate its elements and relations; a careful regulation and control of the succession of our thoughts, a faculty very much under the influence of cultivation, and on which depends the important habit of regular and connected thinking. The cultivation of an active inquiring state of mind, which seeks for information from every source that comes within its reach, whether in reading, conversation, or personal observation. The habit of correct association-that is, connecting facts in the mind according to their true relations, and to the manner in which they tend to illustrate each other, which is one of the principal means of improving the memory. Nearly allied to this, is the habit of reflection, or of tracing carefully the relations of facts, and the conclusions and principles which arise out of them. A careful selection of the subjects to which the mind ought to be directed, which must vary according to the situations in life of different individuals. A due regulation and proper control of the imagination; by restricting its range to objects which harmonize with truth, and are adapted to the real state of things with which the individual is or may be connected. The cultivation of calm and correct judgment, applicable alike to the formation of opinions and the regulation of conduct, founded upon the habit of directing the attention, distinctly and steadily, to all the facts and considerations bearing upon a subject; by contemplating them in their true relations, and assigning to each the degree of importance of which it is worthy; which is opposed to the influence of prejudice and passion-to the formation of sophistical opinions-to party spirit-and to every propensity which leads

f

to the adoption of principles on any other ground than calm and candid examination, guided by a sincere desire to discover the truth. A sound state of the moral feelings may be lastly mentioned as highly conducive to a well regulated understanding (≈).

The gaudy gloss of fortune only strikes
The vulgar eye: the suffrage of the wise,
The praise that's worth ambition, is attain'd
By sense alone, and dignity of mind.
Virtue, the strength and beauty of the soul,
Is the best gift of heaven; a happiness

That even above the smiles and frowns of Fate
Exalts great Nature's favourites; a wealth
That ne'er encumbers, nor can be transferr'd.
Riches are oft by guilt and baseness earned;
Or dealt by chance to shield a lucky knave,
Or throw a cruel sunshine on a fool.

Dr. Armstrong on Health, edited by Dr. Aikin, Book 4, v. 280-292.

The great objects to be aimed at in the management of the insane are, in the first place, that the invalids be separately and properly classed, both in respect of their ages, sexes, conditions in life, and kind or degree of their disorder. Secondly, free ventilation, so insured as to guard against undue exposure to the inclemencies of the weather. Thirdly, a rigid system of cleanliness; and lastly, such a judicious regulation both of mental and bodily exercise, as shall excite without fatigue, and exhilirate without exhaustion. A combination of tenderness with firmness on the part of the keepers is all along supposed; and in respect of superior and general superintendence, none ought to meddle with the mad who have not discretion and genius, and, it might be added, humanity into the bargain (a).

It should be stated, that, according to the evidence of some of the physicians conversant with this subject, who were examined before the committee of the House of Lords, there has been of late years a considerable improvement in the medical and moral treatment of the insane (b), and that

(a) Quarterly Review, 15 Vol. p.
See post, pp. 483, 484.
(b) Minutes of Evidence before

(*) See Inquiry concerning the Intellectual Powers, by Abercrom- 412. bie, pp. 421-441, 3rd edit.

the proportion of cured is greater now than formerly, in consequence of the abolition of the excessive use of coercion (c).

The objects of legislative enactments on this great question ought at least to comprise four particulars: in the first place, the most effectual provisions to prevent the operation of wrong motives towards procuring the confinement of individuals on the ground of insanity, when no actual insanity exists. In the second place, provisions should be made to insure the confinement of such individuals as are really insane, and who cannot continue at large without endangering the security of others. Thirdly, every care should be taken to cause those who are confined to be placed in such situations, and under such regulations, as experience has shewn to be most conducive to recovery, when that event is probable, and to comfort, when the case is incurable; and fourthly, a special endeavour should be made on the part of the legislature to secure to paupers such advantages as are suited to their rank and condition (d).

The provisions of the statutes lately passed (e) seem calculated to effect many of the above objects, whether or not they will be attained must depend principally upon the activity, vigilance, and judgment of those to whom the superintending power is given (f), in executing their duties as visitors, and in confiding the care of the insane to persons of medical science, who possess not only a knowledge of insanity, but also humanity, and a desire to alleviate the sufferings of those committed to their charge.

Committee of the House of Lords on the bill to regulate the treatment of insane persons, May, 1828, pp. 61, 73, 74, 86, 88.

(c) Minutes of Evidence before Committee of the House of Com

mons, 1827, pp. 59, 86.

(d) Quarterly Review, 15 Vol. p.

415.

(e) See Appendix, pp. 532-621. (f) See post, pp. 484, 485.

A

PRACTICAL TREATISE

ON

The Law concerning Lunatics,

&c. &c. &c.

CHAPTER I.

OF THE LEGAL TERMS RESPECTING PERSONS UNDER MENTAL DISABILITIES.

THE terms used in the statute law of England, to include persons under mental disabilities, have been various.

The general term which has commonly been applied to such persons, both by the common and statute law, is, “non compos mentis," which, according to Lord Coke, is the most legal (a).

Compos signifies, one that hath obtained, or is master of his desire or purpose; and in some classical Roman authors (b), compos animi et compos mentis, mean "one in his senses;" the term "non compos mentis" was adopted by the law of England at a remote period to signify a person "out of his senses."

The term non compos mentis is used in the statute de prærogativa regis (c), and also in several subsequent acts of Parliament (d); and it was said by Lord Hardwicke

(a) Co. Litt. 246. a.

(b) Terent. Adelp. iii. 2, 12; Cic. 2 Phil. c. 38; Id. in Pison. c. 20, extr. Sallust. in Fragm. Liv. 1. 27, c. 5. (c) 17 Edw. 2, c. 10.

B

(d) 23 Eliz. c. 3; 21 Jac. 1, c. 16; 4 Geo. 2, c. 10; 26 Geo. 2, c. 33, s. 12; 1 & 2 Geo. 4, c. 15; 4 Geo. 4, c. 76, s. 17; Irish stat. 11 Anne, c. 3; 5 Geo. 2, c. 8.