De Prerogativa Regis

Whilst mental illness has been associated with the species Homo sapiens since prehistoric times, legislation associated with it is a fairly recent event.  Within the English legal system the earliest codified reference is in the 1324 statute known as De Prerogativa Regis (Andrews, Briggs, Porter, Tucker & Waddington, 1997; Baly, 1995; Fry, 1864; McGlynn, 2003; McGlynn, 2005; Tuke, 1892; Williams, 1816; Winslow, 1898; Wright & Digby, 1996). This gave jurisdiction over the persons and property of “idiots” and those who “happen to fail their wit” (that is, those who were deemed incapable of looking after their own affairs) to the monarch (Bartlett & Sandland, 2007; Letchworth, 1889; Winslow, 1898; Wright & Digby, 1996). The king was to hold the lands of the idiot without committing waste, to provide for the idiot from the lands so held, and to return the lands to the idiot’s family on the death of the idiot (McGlynn, 2005; Williams, 1816). In the case of lunatics, should they recover their senses they would have to prove to chancery that they were no longer mad in order to reclaim their property (McGlynn, 2005). The primary purpose of this law was to ensure that people with mental health difficulties were not exploited (Ramsay, Szmukler, Gerada & Mars, 2001). The officers who enforced this legislation throughout the realm were known as “escheators” (McGlynn, 2003), who held inquisitions to determine whether or not the landowners concerned were lunatics or idiots (Roberts, 1981). Roberts (1981) cites two examples of this Act in operation from the year 1464.

References:

Andrews, J., Briggs, A., Porter, R., Tucker, P., & Waddington, K. (1997). The history of Bethlem. London, England: Routledge.

Baly, M.E. (1995). Nursing and social change. (3^rd edition). London, England: Routledge.

Bartlett, P., & Sandland, R. (2007). Mental health law: Policy and practice. (3^rd edition). Oxford, England: Oxford University Press.

Fry, D.P. (1864). The Lunacy Acts. London, England: Knight & Co.

Letchworth, W.P. (1889). The insane in foreign countries. New York, NY: G.P. Putnam’s Sons.

McGlynn, M. (2003). The Royal Prerogative and the learning of the Inns of Court. Cambridge, England: Cambridge University Press.

McGlynn, M. (2005). Idiots, lunatics and the Royal Prerogative in early Tudor England. Journal of  Legal History 26: 1, 1-24.

Ramsay, R., Szmukler, G., Gerada, C. & Mars, S. (2001).  Mental illness: A handbook for caregivers. London, England: Jessica Kingsley Publishers.

Roberts, A. (1981). Mental health history timeline. Retrieved from http://www.studymore.org.uk/mhhtim.htm

Tuke, D.H. (1892). A dictionary of psychological medicine. Philadelphia, PA: P. Blakiston Son & Co.

Williams, T.W. (1816). A compendious and comprehensive law dictionary. London, England: Gale & Fenner.

Winslow, L.F. (1898). Mad humanity: its forms apparent and obscure. New York, NY: M.F. Mansfield & Co.

Wright, D.& Digby, A. (1996). From idiocy to mental deficiency: historical perspectives on people with learning disabilities. London, England: Routledge.