英文法律词典 I-3

IDIOT, Persons. A person who has been without understanding from his nativity, and whom the law, therefore, presumes never likely to attain¹ any. Shelf. on Lun. 2.

2. It is an imbecility or sterility² of mind, and not a perversion³ of the understanding. Chit. Med. Jur. 345, 327, note s; 1 Russ. on Cr. 6; Bac. Ab. h. t. A; Bro. Ab. h. t.; Co. Litt. 246, 247; 3 Mod. 44; 1 Vern. 16; 4 Rep. 126; 1 Bl. Com. 302. When a man cannot count or number twenty, nor tell his father's or mother's name, nor how old he is, having been frequently told of it, it is a fair presumption⁴ that, he is devoid⁵ of understanding. F. N. B. 233. Vide 1 Dow, P. C. now series, 392; S. C. 3 Bligh, R. new series, 1. Persons born deaf, dumb, and blind, are, presumed to be idiots, for the senses being the only inlets of knowledge, and these, the most important of them, being closed, all ideas and associations belonging to them are totally excluded from their minds. Co. Litt. 42 Shelf. on Lun. 3. But this is a mere⁶ presumption, which, like most others, may be rebutted⁷; and doubtless a person born deaf, dumb, and blind, who could be taught to read and write, would not be considered an idiot. A remarkable⁹ instance of such an one may be found in the person of Laura Bridgman, who has been taught how to converse¹⁰ and even to write. This young woman was, in the year 1848, at school at South Boston. Vide Locke on Human Understanding, B. 2 c. 11, 12, 13; Ayliffe's Pand. 234; 4 Com. Dig. 610; 8 Com. Dig. 644.

3. Idiots are incapable¹¹ of committing crimes, or entering into contracts. They cannot of course make a will; but they may acquire property by descent. Vide, generally, 1 Dow's Parl. Cas. new series, 392; 3 Bligh's R. 1; 19 Ves. 286, 352, 353; Stock ou the Law of Non Compotes Mentis; Bouv. Inst. Index, h. t.

IDIOTA INQUIRENDO, WRIT⁸ DE. This is the name of an old writ which directs the sheriff to inquire whether a man be an idiot or not. The inquisition is to be made by a jury of twelve men. Fitz. N. B. 232.

IDLENESS. The refusal or neglect to engage in any lawful¹² employment, in order to gain a livelihood¹³.

2. The vagrant¹⁴ act of 17 G. II. c. 5, which, with some modifications¹⁵, has been adopted, in perhaps most of the states, describes idle persons to be those who, not having wherewith to maintain themselves, live idle, without employment, and refuse to work for the usual and common, wages. These are punishable according to the difrerent police regulations, with fine and imprisonment¹⁶. In Pennsylvania, vagrancy¹⁷ is punished, on a conviction before a magistrate¹⁸, with imprisonment for one mouth.

IGNIS JUDICIUM, Eng. law. The name of the old judicial¹⁹ trial by fire.

IGNOMINY. Public disgrace, infamy²⁰, reproach, dishonor. Ignominy is the opposite of esteem²¹. Wolff, 145. See Infamy.

IGNORAMUS, practice. We are ignorant. This word, which in law means we are uninformed, is written on a bill by a grand jury, when they find that there is not sufficient evidence to authorize²² their finding it a true bill. Sometimes, instead of using this word, the grand jury endorse²³ on the bill, "Not found." 4 Bl. Com. 305. Vide Grand Jury.