Inventing Idiocy: Law, Land and the Construction Of
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INVENTING IDIOCY: LAW, LAND AND THE CONSTRUCTION OF INTELLECTUAL DISABILITY IN LATE MEDIEVAL ENGLAND A Dissertation Presented to the Faculty of the Graduate School of Cornell University In Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy by Eliza Marie Buhrer January 2013 © 2013 Eliza Marie Buhrer INVENTING IDIOCY: LAW, LAND, AND THE CONSTRUCTION OF INTELLECTUAL DISABILITY IN LATE MEDIEVAL ENGLAND Eliza Marie Buhrer, Ph. D. Cornell University 2013 During the late thirteenth century the English Crown claimed the right to take the lands of so-called idiots into its possession, and developed a set of juridical practices to assess whether these individuals were mentally competent enough to rule themselves and their property. This dissertation examines how these developments informed the way society imagined intellectual disability in the Middle Ages and beyond. Since the publication of Foucault’s Madness and Civilization, scholars have treated insanity as a concept with a cultural history. Less however has been written about the conceptual history of “idiocy.” People outside the academy naturally assume that intelligence and its absence are natural categories, while historians who work on the cultural history of intellectual disability tend to locate its emergence in early modern medical discourses. Rejecting both of these claims, Inventing Idiocy suggests that intellectual disability was not initially a medical concept, but an invention of medieval jurists and administrators concerned with practical matters of land and inheritance. For while a concept of idiocy existed in the Middle Ages, the idiocy that preoccupied medieval jurists had little to do with a specific idea of intelligence. Rather it was a narrow legal term, used to refer to people who were unable to manage landed wealth. People outside the legal profession had little idea what idiocy entailed, and no disorder resembling the law’s idea of idiocy—or our own—existed in medieval medicine. Nevertheless hundreds of alleged idiots were called before the courts between the late thirteenth and early fifteenth centuries. Examining records of these inquisitions, I show that qualities associated with idiocy in later medical discourses reflected the idea of mental incompetency that arose in of these contested trials. In doing so, I reject the view that intellectual disability originated when medical discourse supplanted older religious constructions of foolishness, and is indeed medical in origin. Instead, I suggest that a stable and distinctive concept of intellectual disability entered Western thought when a category invented by lawyers to deal with practical problems of inheritance burgeoned beyond the legal sphere, and became assimilated into general culture. BIOGRAPHICAL SKETCH Eliza Buhrer graduated from Reed College with a major in Religious Studies in 2006. She was awarded an M.A. in Medieval Studies by the graduate school at Cornell University in 2010, is currently an Assistant Professor of History at Seton Hall University. iii Dedicated to my parents, who made great sacrifices for my education, and bragged about me as much as they would have if I had become a “real” doctor. iv ACKNOWLEDGMENTS I could not have completed this dissertation were it not for many people who contributed to my development as a thinker and scholar over the past six years. First, I consider myself immensely lucky to have spent my graduate career in the Medieval Studies Program at Cornell University. Beyond providing the financial support that enabled me to pursue a Ph.D., the Medieval Studies Program gave me the opportunity to spend my time at Cornell surrounded by wonderful scholars and delightful people whose work continues to inspire me. When I started this process six years ago, I was horrified at the idea of spending my twenties in a small town in upstate New York, but now that all is said and done, I can’t think of anywhere else I would have rather been. To say that Medieval Studies had something to do with this would be an understatement. In that same vein, I owe a debt of gratitude to Cornell’s History Department. The History Department provided me with funding that allowed me to spend the spring of 2010 undertaking the archive work that became a cornerstone of this dissertation, and was also very welcoming to me during my time at Cornell. I am also grateful to the graduate school at Cornell University, and the Cornell-Oxford Brettschneider Exchange Fund, which gave me grants that enabled me to spend a month in the summer of 2011 consulting medical manuscripts at Oxford. What I did not find during that time became the basis for Chapter Three, and led me to rethink my overarching argument in ways that proved fruitful. Beyond departments and institutions, there are a number of people who contributed to my success as I worked on this project. First, I was incredibly fortunate to have an advisor as supportive, and generous with his time as Paul Hyams. When I came to Cornell, I had no v interest in working on England or law. Paul’s ability to turn what at first glance seemed dross into gold then, should be evident about 5 pages into this dissertation. I also was privileged to work with Duane Corpis and Scott MacDonald. Duane pushed me to think about the theoretical implications of my research in a way that I doubt I would have absent his influence, and offered unflagging encouragement throughout my time at Cornell. Scott patiently listened to my historian’s questions about philosophy, and I’d like to think that I’m able to write more cogently about medieval intellectual history as a result. Now that I’m a professor, it is humbling to realize just how much time my mentors gave me, and I can only hope to be as good to my students as they were to me. I would also like to thank several people who gave feedback on various parts of this dissertation, and more generally, enriched my life through their friendship. First, I had the good fortune of participating in a dissertation writing group with Sarah Harlan-Haughey, Tom McSweeney, and Melissa Winders, generously sponsored by Cornell’s Society for the Humanities. Sarah, Tom and Melissa offered helpful comments on a number of chapters, and contributed greatly to my enjoyment of this project by making me see writing as an activity through which one can form a community rather than a solitary process. Louis Caron, Abi Fisher, Ben Glaser, and Eliot Kapit also commented on parts of this dissertation, and my work is certainly better for it. I owe an additional debt of gratitude to Louis and Eliot for their help with proofreading in the final weeks before this project was due. I would also like to thank Ada Kuskowki for allowing me to bounce ideas off her over the years, and listening to me practice at least half of the talks I gave during my graduate career. Similarly, Danielle Cudmore made discussing dissertation ideas delightful during long runs in the vi Cornell Plantations. Finally, my years in graduate school would have been much less pleasant without my friends in the Cornell physics department. I am probably better at communicating my ideas to non-specialists as a result of their friendship, and they certainly know more about the fourteenth century now than scientists should ever need to know. I would be remiss if I failed to thank my parents, who always believed that that I could make the impractical possible, and never once asked me, “What are you going to do with that”? Finally, it is customary to wait until the end of acknowledgements to thank one’s long suffering spouse, but as my reader can see, Eliot Kapit, my dedicated partner of the past ten years, played a much more active role in my work than simply putting up with it with minimal complaints. He has been a consistent source of joy and comfort since I have known him, and I am proud to now be Dr. & Dr. s vii TABLE OF CONTENTS Biographical Sketch………………………………………………………………………..iii Acknowledgements……………………………………………………………...……….....v List of Figures……………………………………………………………………………...ix List of Abbreviations……………………………………………………………………….x Chapter One: Introduction…………………………………………………………….........1 Chapter Two: Reason’s Other in Medieval Theology, Medicine, and Law……………...… 36 Chapter Three: “But What May be Said of a Fool?”; Popular Awareness of the Law in Early Idiocy Inquisitions…………………………………………………………………….…..83 Chapter Four: A Fool and (Her) Money are Soon Parted: Idiocy and Inheritance in the Fourteenth Century………………………………………………………………....……126 Chapter Five: A Profusion of Idiots; Merchants, Markets, and Mental Disorder on the Cusp of Modernity…………………………………………………………………….156 Conclusion…………………………………………………………………………….197 Appendix……………………………………………………………………………....200 Bibliography…………………………………………………………………………...207 viii LIST OF FIGURES Figure 1: Individuals suffering from disorders other than idiocy in the CIPM, CPR, and CCR ……………………………………………………………………………………..201 Figure 2: Individuals Accused of Idiocy and Documents Related to their Cases by Decade…………………………………………………………………………………...202 Figure 3: Women Accused of Idiocy, and the Records their Cases Produced, by Decade…………………………………………………………………………………...203 Figure 4: Gender Breakdown of Alleged Idiots by Decade……………………………...204 Figure 5: Records Involving Women as a Share of the Total Number of Records, by Decade…………………………………………………………………………………...205 Figure 6: Men Accused of Idiocy and Records Relating to their Cases, by Decade …………………………………………………………………………………………..206 Figure 7: Women Accused of Idiocy and Records Relating to their Cases by Decade…...206 ix LIST OF ABBREVIATIONS CCR: Calendar of the Close Rolls Preserved in the Public Record Office, 1227-1485. Public Record Office. 45 vols. London: HMSO, 1892-1954 CIM: Calendar of Inquisitions Miscellaneous (Chancery), Henry III- Henry V. Public Record Office. 7 vols. London: HMSO, 1916-1968. CIPM: Calendar of Inquisitions Post Mortem and other Analogous Documents Preserved in the Public Record Office. Public Record Office. 20 vols. London: HMSO, 1904-1970. CPR: Calendar of the Patent Rolls Preserved in the Public Record Office, 1216-1509.