Amendments V and VI

[Volume 5, Page 249]

Document 9

Sir Matthew Hale, History of the Pleas of the Crown 1736 (posthumous)

Emlyn 1:34--35

If a man in his sound memory commits a capital offense, and before his arraignment he becomes absolutely mad, he ought not by law to be arraigned during such his phrenzy, but be remitted to prison until that incapacity be removed; the reason is, because he cannot advisedly plead to the indictment. . . . And if such person after his plea, and before his trial, become of non sane memory, he shall not be tried; or, if after his trial he become of non sane memory, he shall not receive judgment; or, if after judgment he become of non sane memory, his execution shall be spared; for were he of sound memory, he might allege somewhat in stay of judgment or execution.

The Founders' Constitution
Volume 5, Amendments V and VI, Document 9
The University of Chicago Press

Hale, Sir Matthew. Historia Placitorum Coronae. The History of the Pleas of the Crown. Edited by Sollom Emlyn. 2 vols. London, 1736. Reprint. Classical English Law Texts. London: Professional Books, Ltd., 1971.

© 1987 by The University of Chicago
All rights reserved. Published 2000