“Vulnerable people deserve to be fully protected
at all times, particularly when they need to be deprived of their liberty in
their own best interests. However, there are still unacceptable variations
across the country.”
Sadly, this is not an apposite
quote found in the archive of State Papers, taken from an eighteenth or
nineteenth century commission enquiring into the need for county asylums and
workhouses. Instead, it is a Department
of Health response to Charlie Cooper’s twenty-first-century
investigation into reports that that
doctors are sectioning mentally ill patients unnecessarily, as a means of gaining
access to a bed in a psychiatric ward: http://www.independent.co.uk/news/uk/politics/mentally-ill-patients-sectioned-unnecessarily-as-only-way-to-a-hospital-bed-8760166.html,
The Independent, 14 August 2013.
The article happens to coincide
with my own research on responses to medical and mental health welfare of the
poor during the eighteenth century, both at a community level (using poor
relief records for Thames Ditton, Surrey) and within the legal system (based on
quarter session and assize records for Yorkshire).
The Poor Relief Act 1601 made
provisions for the general welfare of the poor, requiring each parish to make
provisions, inter alia, for the care
of its ‘lame, old and blind’.[1] Major
developments in the establishment of voluntary hospitals occurred during the
eighteenth century, which witnessed the opening of Guys hospital and the
Westminster in London, the Edinburgh Royal Infirmary, Scotland, Addenbrooke’s
hospital, Cambridge, and the Bristol Royal Infirmary in the first half of the
century. In the second half of the century other voluntary hospitals opened in
the new industrial cities, including the Manchester Royal Infirmary, the
Birmingham General and the Glasgow Royal Infirmary.[2] While
the country remained dependant on voluntary hospitals, until the creation of
the National Health Service in the twentieth century, during the nineteenth
century local governments were at least required to oversee the provision of
isolation hospitals, asylums, workhouses and infirmaries for those in poverty
requiring long-term care.
Wherever possible, the infirm were
cared for within their own parish. Poor relief records for Thames Ditton during
the eighteenth century provide evidence of medical payments to doctors and
others who attended the poor and infirm. In May 1736, five shillings was paid for
the expenses of engaging a midwife for a pregnant woman; £1 1shilling to Dr
Waterhouse for setting a boy’s collar bone; and 6s 2d for burying a man. As
there was no infirmary in Thames Ditton, one shilling was paid to carry a boy
to the hospital in neighbouring Kingston upon Thames, presumably for a more
serious ailment than could be managed locally.[3]
The parish was equally responsible for those in its
community who suffered with mental illness. People with a mental illness might be cast out by their families, in
which event those who were deemed harmless might be left to cope as best they
could. Those who were considered dangerous could be confined in gaols,
poor houses or private homes, where they were likely to receive little care and
controlled or restrained through the use of physical force and chains. Private asylums became increasingly common
during the eighteenth century, housing both the relatives of the rich and
paupers boarded out by their parishes. As with the early poor houses, asylums
were unregulated and might be concerned in the care of only one person or the
housing of a hundred patients. Nevertheless, whatever their size, asylums were intended
to be run for profit and were reliant on public donations for their existence.
The Hospital of St Mary of Bethlem (Bedlam) in London was founded in 1247 to shelter and care for
homeless people and by the early fifteenth century it began to focus on the mentally ill. Bedlam became a popular visitor attraction from at
least the late sixteenth century and was notably portrayed in a scene from
William Hogarth's ‘A Rake's Progress’
(1735). Public visitors were allowed as means of raising hospital income and
donations from hospital visits to Bedlam raised between £300 and £350 per annum
between 1720 and 1770.[4]
Just as an
increasing number of voluntary hospitals were established across the country
during the eighteenth century, likewise the first hospitals for the insane opened
in Norwich (1713), St Luke’s in London (1751), Manchester (1766), Newcastle (1767),
York (1777) and Liverpool (1790).[5] However,
until the early nineteenth century there was no system of county or borough
asylums for the insane in England. In the meantime, those in need of support
for temporary or long term mental health issues were reliant on the many provincial
madhouses established during the eighteenth century. One such establishment was
situated in Great Foster House, Egham.[6] Parish
records for Thames Ditton in August 1759 record payments totalling £4
12s 6d incurred in escorting Robert Pryor to Egham madhouse.[7] Running a private madhouse must have been a
fairly profitable business, as Daniel Defoe estimated that in 1724 there were
fifteen private madhouses in just the London metropolitan. Defoe was, however,
a critic of the ease with which people could be confined in madhouses and was an
active lobbyist for their regulation.[8]
Wornham Daniel first appeared in
the overseers’ accounts for Thames Ditton in 1750, details of which are set out
in Table 1 below, following which the parish bore the costs of keeping him in
London’s Bedlam for almost three years and subsequently paid for his care in
the community.
Table 1. Cost of carrying Wornham Daniel
to Bedlam hospital.
1 July 1750
| |||
Expenses for Wornham Daniel
getting him to Bedlam as follows:
|
£
|
s
|
d
|
Taking him in custody
|
2
| ||
Dame Oxley attending him
|
3
| ||
Keeping him 7 days
|
7
| ||
A journey to London to get
petitions
|
5
| ||
Paid to the clerk
|
3
| ||
Paid for getting the
petition signed by justices
|
2
|
6
| |
To London to attend the
committee with the petition
|
5
| ||
Mr Dean to London with a
letter to attend the committee
|
5
| ||
Myself a journey to London
for Bondsmen to give their names
|
5
| ||
Paid to the treasurer
|
10
|
6
| |
Paid to the clerk
|
14
|
6
| |
Paid to the steward
|
1
|
7
|
6
|
Expenses upon the road to
London
|
8
| ||
Mr Deans journey to London
|
2
| ||
Paid for a key and mending
a chain
|
1
| ||
Myself and two horses and
cart carrying Wornham Daniel to Bedlam
|
10
|
6
| |
3 trusses of straw for his
use
|
1
|
6
| |
Total
|
5
|
13
|
0
|
Daniel spent intermittent periods
in Bedlam between 1750 and1753 during which time additional expenses were
incurred on his behalf by the parish, including payments for clothes, bedding
and board. In September 1752 Daniel returned to the parish for a short period
and payments were made to Mr Keel for his board in the poorhouse, otherwise
used for the care of pauper children, and to Mrs Keel for making two shifts for
him. In 1753 Daniel returned to Bedlam and then back to Thames Ditton, at which
point he lodged (at the expense of the parish) with Mr Gardiner for five
shillings a week until May 1756. It is possible that Daniel went through a period
of greater lucidity between June 1756 and July 1760, when he received a direct
pension of four shillings a week. After that date it is likely that he was
admitted to the workhouse, as he disappears from the parish records.
What care would
Daniel have received in Bedlam? James Monro held the post of Bethlem physican
from 1728 to 1752, following which other men from the Monro family held the
same post, without interruption, until the 1850’s. The hospital
regime was a combination of punishment and prayer and, while it was considered
a religious duty to care for people afflicted by mental illness, cold bathing,
isolation and corporal punishment were believed to cure certain conditions.[9]
The hospital inventory for this period includes chains, manacles, locks and
stocks, although the use of physical restraints may not have been considered
particularly unusual at a time when similar items appear in the inventories of
private gaols.
Public concern for the
mad and the bad.
Just as John
Howard voiced concern about the state of England’s gaols in the 1770’s,[10]
similar unease about the state in which many of the insane were kept resulted
in the passing of a statute in 1774 which required five commissioners from the
Royal College of Physicians to inspect private asylums in London, and justices
of the peace to visit and license provincial asylums.[11]
The Hospital for Lunatics.
Bethlem Hospital, London: the incurables being inspected by a member of the
medical staff, with the patients represented by political figures, Drawing by Thomas Rowlandson, 1789. © Wellcome Library, London.
Mental illness and the legal system.
According to Michael Spurr, NOMS (National Offender Management Service) Chief Operating Officer, 2010, at any one time ten per cent of the prison population have ‘serious mental health problems’[12]
An emerging awareness of insanity during the eighteenth century required a
new vocabulary in the courts to describe mental states, which in turn affected
gendered interpretations of criminal responsibility.[13]
However, as in many areas of life, gendered interpretations were often overlaid
with issues of social class and the deserving versus the not so deserving poor. For example, although there was an
increasing awareness of temporary insanity arising from pregnancy and
childbirth, it is likely that until the 1770’s a defence to a criminal charge
based on the mental health of a new mother was more likely to be available for
a married woman than a single mother.[14]
At a time when prisons were run
privately, for profit, the conditions of prisoners were very much dependant on
their ability to pay for the removal of shackles, the provision of bedding and
sufficient food beyond a basic diet of bread and water.
The Felons court-yard … is too small, and has no water … The cells are
in general about seven feet and a half by six and a half, and eight and a half
high’ close and dark’ having only either a hole over the door about four inches
by eight, or some perforations in the door … In most of these cells three
Prisoners are locked up at night; in winter for fourteen to sixteen hours:
straw on the stone floors; no bedsteads.
Women-felons are kept quite separate: they have two courtyards, but no
water.
The county pay an inspector to weigh and deliver bread to the prisoners
twice a week.[15]
Nevertheless, in the
1720’s Yorkshire, a pregnant woman
suffering from possible epilepsy might
be committed to gaol pending her trial for a felony. A magistrate for Beverley wrote the following note to the gaoler at York Castle: “I send you two women
one of them big with child & troubled with fits so if you should let her
have the use of a bed for a while I will set you a reasonable allowance for
it”.[16]
It is notable that no mention is made of any additional allowance for a supplement
to her diet.
It is possible that judges and juries paid attention to mental states
when seeking extenuating circumstances which might mitigate the harshness of
the ‘Bloody Code’, that is, the rising number of capital offences created between 1680 and 1820. The
defence of insanity was not a solution readily sought, as it first required an
admission to the crime alleged in order to minimise the ensuing sentence. However,
if the defence failed, an admission of guilt resulted in the defendant being
sentenced for the full offence alleged. The test for criminal insanity was not
fixed until McNaghten’s case in 1843. Before then, courtroom vocabulary varied
from case to case in the attempts to negate an accused’s ability to form the
necessary ‘intent’ or mens rea for the
crime alleged. For example, when a coroner’s jury in Yorkshire identified
Robert Barker as having caused the death of Mary Issott by beating, they
further determined that at the time of the incident Barker was “of insane mind
and memory”.[17] Barker
was acquitted of murder at the following assizes on the grounds that he was
incapable of forming the intent for either murder or manslaughter.
However, Barker’s case cannot be
taken on face value as evidence of a changing attitude to mental illness. Barker
was described in the coroner’s records as ‘a gentleman of Beverley’. It is
impossible to say whether his plea was genuine or if his social status,
combined with an ability to pay for legal advice and representation, was the
reason for the success of the plea of temporary insanity, thus avoiding a
capital conviction.
Sadly, 300 years on, too many people with mental illnesses continue
to be sent to prison rather than receiving treatment, while Stephen Dorrell (Health
Secretary, 1995-1997) acknowledges
that mental health services are under disproportionate pressure from local
healthcare cuts.[18]
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[1] 43 Eliz., I c.2 (1601) The Poor Relief Act.
[2] The
voluntary hospitals in history, http://www.hospitalsdatabase.lshtm.ac.uk/the-voluntary-hospitals-in-history.php,
accessed 17 August 2013.
[3] Surrey History Centre, Woking (SHCW) 2568/8/1-4 Overseers’ Accounts, 1704-1808.
[4] Andrews,
Jonathan, Asa Briggs, Roy Porter, Penny Tucker and Keir Waddington (1997) The History of Bethlem, London and New York: Routledge.
[5] Bewley, Thomas (2008) Madness to Mental Illness : A History of the Royal College of Psychiatrists, London: R.C. Psych. Publications.
[6] MacKenzie, Charlotte (1992) Psychiatry for the Rich: A
History of Ticehurst Private Asylum 1792-1917, Abingdon, Oxfordshire: Routledge.
[7] Surrey History Centre, Woking (SHCW) 2568/8/1-4 Overseers’ accounts 1704-1808.
[8] Defoe Daniel
(1697) An Essay upon Projects, London:
Cockerill.
[9] Scull, A C MacKenzie and N Hevey (1996) Masters of Bedlam: The Transformation of the
Mad-Doctoring Trade, Princeton University Press; From Bethlehem
to Bedlam - England’s First Mental
Institution, http://www.english-heritage.org.uk/discover/people-and-places/disability-history/1050-1485/from-bethlehem-to-bedlam/,
accessed 12 August 2013.
[10] Howard, John (1777) The State of the Prisons in England and Wales, Warrington; 14 Geo. III, c. 59 (1774) Health of Prisoners Act.
[10] Howard, John (1777) The State of the Prisons in England and Wales, Warrington; 14 Geo. III, c. 59 (1774) Health of Prisoners Act.
[11] 14 Geo.
III, c. 49 (1774) Madhouses Act.
[12] Prison
Reform Trust (2010) ‘Mental Health Care in Prisons’ http://www.prisonreformtrust.org.uk/ProjectsResearch/Mentalhealth,
accessed 17 August, 2013.
[13] Rabin,
D.Y. (2004) Identity, Crime and Legal Responsibility in Eighteenth-century England,
Basingstoke: Palgrave Macmillan.
[14] Rabin, Identity,
Crime and Legal Responsibility, pp. 97, 103.
[15] Howard,
John (1777) The State of the Prisons in England and Wales, Warrington, pp.
397-398
[16] East
Riding of Yorkshire Record Office, QSF 48/04, letter from Thomas Stillington to
Mr Ward, keeper of York gaol, 29 March 1720.
[17] The
National Archives, ASSI 44/54, coroner’s report on the death of Mary Issott, 22
April 1739.
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