L U N 



L U N 



canton 6122 iiiliabltants, on a territory of 292^ kiliometres, 

 in 12 communes. 



LUNATI, Carlo Ambrosio, in Biography^ of Milan, 

 furnamed // Gobbo della Regina, who came to England in 

 the reign of James II. Lunati was a mod celebrated per- 

 former on the violin, and Gemiiiiani's firll mafter on that 

 inftriiment. 



LUNATIC, LuKATlCLs, a perfon fuppofed to be af- 

 fefted, or governed by the moon. Heace, epileptics were 

 anciently called lunatici, becaufe the paroxyfms of that dif- 

 eafe feemcd to be regulated by the changes of the moon. 

 Thus Galen, (De Diebus Criticis, lib. iii ) fays, the moon 

 governs the periods of epileptic cafes ; and others referred 

 the difeafe entirely to this planet. A retxiis de Diuturnis Mor- 

 bis, lib. i. cap. .;. See Mead's Treatife concerning the In- 

 fluence of the Sim and Moon upon the Human Bodies, 

 p, :;S. 46, &c. 



Mad people are flill called lunatics, from an ancient but 

 now almoft exploded opinion, that they are much influenced 

 by that planet. A much founder philofophy hath taught 

 us, that if there be any thing in it, it mutt be accounted 

 for, not in the manner the ancients imagined, nor otherwife 

 than what the moon has in common with other lieavenly bo- 

 dies, occafioning various alterations in the gravity of our at- 

 mofphere, and thereby aftetling human bodies. However, 

 tliere is confiderable reafon to doubt the faft ; and it is cer- 

 tain that the moon has no perceivable influence on our mofl; 

 accurate barometers. 



A lunatic, in the contemplation of the law, is properly 

 a perfon who hath lucid intervals ; fometimes enjoying his 

 ienfcs, and fometimes not. See Non-CO,mpos. 



The flat. 17 Edw. II. cap. 10. ordains, that the king is 

 to provide that the lands of lunatics be fafely kept, and 

 they and their families maintained by the profits, and 

 the refidue {hall be kept for their ufe, and be delivered to 

 them when they come to their right mind ; the kmg tak- 

 ing nothing to his own ufe ; and if the parties die in fuch 

 ftate, the refidue fhall go to their executors or adniiniftrators. 

 A warrant is now ifTued by the king, under his royal fign 

 manual, to the lord chancellor, or lord keeper, or lords 

 commifTioners for the cuftody of the great feal, to perform 

 this office for him. All matters, therefore, touching luna- 

 tics, are within the peculiar jurifdiftion of the court of 

 chancer)-. 



Lunatics are not legally accountable for any crimes they 

 commit in this ftate. (i Hawk. c. I.) And alfo, if a man 

 in lus found memory commits a capital offence, and before 

 arraignment for it he becomes non-compos, he ought not 

 to be arraigned for it ; and if, after he has pleaded, the 

 prifont-r becomes mad, he (ball not be tried : if, after he be 

 tried and found guilty, he lofes his fenfes before judgment, 

 judgment fliall not be pronounced : and if, after judg- 

 ment, he becomes of non-fane memory, execution fliall be 

 flayed. 



By tlie common law, if it be doubtful whether a criminal, 

 who at his tri.il is in appearance a lunatic, be fuch in truth 

 or not, it fliall be tried by an inquett of office, to be re- 

 turned by the fherifF; and if it be found by them, that the 

 party only feigns himfelf mad, and he Uill refufe to anfwer, 

 he fhall be dealt with as if he had confeffed the indiftment. 

 1 Hawk. c. I. f. 4. 



By 39 and 40 Geo. III. c. 94. ; in all cafes, where 

 it fhall be given in evidence upon the trial c)f any per- 

 fon for treafon, murder, or felony, that fuch perfon 

 was infane at the time when the offence was committed, 

 and fuch perfon fhall be acquitted, the jury (hall be re- 

 quired to find fpeciallv, whether they acquitted him on 



Vol. XXI. 



account of infanity ; and if they do fo find, the court fhall 

 order fuch perfon to be kept in llriA cultody in fuch place, 

 and in fuch manner as to them (hall feem fit, until his majeily's 

 pleafure fhall be known ; whereupon his majeft,y may give 

 fuch order for the fafe cullody of fuch perfon during his 

 pleafure iu fuch place and manner as to his majetty fhall feem 

 fit. 



When any perfon, who fhall be indifled for any offence, 

 and upon arraignment fhall be found by the jury to be infane, 

 fo that' he cannot be tried, or when upon the trial he fhall 

 be fourrd to be infane, the court may record fuch finding, and 

 order the party to be kept in drift cudody until his majeily's 

 pleafure (hall be known ; and if any perfon, charged with 

 any offence, Ihall be brought before any court to be dif- 

 charged tor want of profccution, and fuch perfon fhall ap« 

 pear to be infane, the court may order a jury to be im- 

 panelled to try the fanity of fuch perfon ; and if the jury- 

 find him to be infane, the court may order futh perfon to 

 be kept in drift cudody, &c. ; and in all cafes of infanity 

 his majelly may give fuch order, &c. as dated above. 



And for the better prevention of crimes being committed 

 by perfons infane, if any perfon fhall be difcovered and ap- 

 prehended under circumttances that denote a derangement 

 of mind, and a purpofe of committing fome crime, for 

 which if committed he would be liable to be indifted, any 

 juftice, before whom fuch perfon ihall be brought, may, if 

 he think fit, iffue a warrant for committing fuch perfon as 

 dangerous, and fufpefted to be infane, fuch caufe of com- 

 mitment being plainly cxprefTed in the warrant ; the perfon 

 fo committed fhsU not be bailed, except by two judices, 

 one whereof fhall be the juftice who iflued fuch warrant ; 

 or by the quarter feffions ; or by one of the judges. 



By 17 Geo. II. c. 5. it is enafted, that whereas there 

 are fometimes perfons, who by lunacy or otherwife are furi- 

 oufly mad, or are fo far difordered in their fenfes, that 

 they may be dangerous to be permitted to go abroad, it 

 fliall therefore be lawful for two or more judices, where 

 fuch lunatic or mad perfon fliall be found, by warrant di- 

 refted to the conftables, churchwardens, and overfcers of the 

 place, or fome of them, to caufe fuch perfon to be appre- 

 hended, and kept falely locked up in fome fecure place 

 within the county or precinft, as fuch juftices fhall urider 

 their hands and feals direft and appoint, and (if fuch juftices 

 find it neccffary) to be there chained, if the fettlement of 

 fuch perfon fliall be within fuch county or precinft. 



And if fuch fettlement fhall not be there, then fuch perfon 

 (hall be fent to his fettlement by a vagrant pafs (^mutatis 

 mutandis) ; and fhall be locked tip or chained by warrant of 

 two juftices of the county or precinft to which fuch perfon 

 is fo fcnt in manner aforefaid. 



And the reafonable charges of removing, and of keeping, 

 maintaining, and curing fuch perfons, during fuch redraiut 

 (which fliall be during fuch time only as fuch lunacy or 

 madnefs fhall continue) fliall be fatisfied and paid (luch 

 charges being firft proved upon oath) by order of two 

 judices, direftiug the churchwardens or overfeers, where 

 any goods, chattels, lands, or tenements of fuch perfon fhall 

 be, to feize and fell fo much of the goods and chattels, or 

 receive fo much of the annual rents of the lands as is necef- 

 fary to pay the fame ; and to account for what is fo feized, 

 fold, or received, to the nest quarter feffions : but if fuch 

 perfon hath not an eftate to fatisfy the fame, over and above 

 what fhall be fufficient to maintain his family, then fuch 

 charges fhall be paid by the parifn, town, or place to which 

 fuch perfon belongs, by order of two judices, direfted to 

 the churchwardens or overfeers for that purpofe. 



Provided, that any perfon aggrieved by any aft of 

 4 1 luctt 



