Chapters in the History of the Insane in the British IslesTuke, Daniel Hack
History
Chapters in the History of the Insane in the British Isles
Tuke, Daniel Hack
Mental health laws -- Great Britain; Mental illness -- Great Britain; Mentally ill -- Care; Psychiatric hospitals -- Great Britain
FOOTNOTES:
[224] Particulars respecting Switzerland and Germany were obtained for
the Charity Organization Committee by Drs. Ireland and Beach.
[225] It is due to the late Dr. Poole, of Montrose, to state that so
early as 1819 he drew attention to the education of idiots in an article
in the _Edinburgh Encyclopædia_.
[226] Dr. Ireland has now removed from Larbert to Preston Lodge,
Prestonpans, near Edinburgh, and receives imbeciles into his house.
CHAPTER IX.
SCOTLAND.
Our reference in a previous chapter to the singular superstitions
connected with the treatment of the insane in Scotland, renders it
unnecessary to do more than point out in this place the substratum of
popular opinion and feeling, upon which the infusion of new ideas and a
scientific system of treatment had to work. To some extent it was the
same in other countries, but judging from the records of the past, as
given or brought to light by writers like Heron, Dalyell, and Dr.
Mitchell, no country ever exceeded Scotland in the grossness of its
superstition and the unhappy consequences which flowed from it. When we
include in this the horrible treatment of the insane, from the prevalent
and for long inveterate belief in witchcraft, we cannot find language
sufficiently strong to characterize the conduct of the people, from the
highest to the lowest in the land, until this monstrous belief was
expelled by the spread of knowledge, the influence of which on conduct
and on law some do not sufficiently realize.
The lunatic and the witch of to-day might aptly exclaim--
"The good of ancient times let others state;
I think it lucky I was born so late."
As regards the property of the insane, the Scotch law, from a remote
period, appears to have been that the ward and custody of it belonged to
the prince as _pater patriæ_. In the beginning of the fourteenth
century, the keeping and custody of persons of "furious mind," by a
statute of Robert I., devolved upon their relatives, and, failing them,
on the justiciar or sheriff of the county. The custody of "fatuous
persons" is said to have been committed to the next agnate (nearest male
relative on the father's side), while that of the "furious" was
entrusted to the Crown, "as having the sole power of coercing with
fetters."[227]
An Act passed in 1585, c. 18, in consequence of abuses in regard to the
nominations of tutors-at-law, provided that the nearest agnate of the
lunatic should be preferred to the office of tutor-at-law. The practice
was originally to issue one brieve, applicable to both furiosity and
fatuity. The statute just mentioned continues the _regula regulans_, as
to the appointment of tutors-at-law for lunatics.
Public-domain text, read in full here on John Shaqi.
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