Professional Documents
Culture Documents
The Mental Healthcare Act 2017 Of India_ A Challenge And An Opportunity Vasudevan Namboodiri Sanju George Swaran Preet Singh full chapter pdf docx
The Mental Healthcare Act 2017 Of India_ A Challenge And An Opportunity Vasudevan Namboodiri Sanju George Swaran Preet Singh full chapter pdf docx
https://ebookmass.com/product/elsevier-weekblad-
week-26-2022-gebruiker/
https://ebookmass.com/product/jock-seeks-geek-the-holidates-
series-book-26-jill-brashear/
https://ebookmass.com/product/china-and-the-indo-pacific-
maneuvers-and-manifestations-swaran-singh/
https://ebookmass.com/product/the-new-york-review-of-
books-n-09-may-26-2022-various-authors/
Machine Learning and the Internet of Medical Things in
Healthcare Krishna Kant Singh
https://ebookmass.com/product/machine-learning-and-the-internet-
of-medical-things-in-healthcare-krishna-kant-singh/
https://ebookmass.com/product/calculate-with-
confidence-8e-oct-26-2021_0323696953_elsevier-8th-edition-morris-
rn-bsn-ma-lnc/
https://ebookmass.com/product/losing-our-minds-the-challenge-of-
defining-mental-illness-dr-lucy-foulkes/
https://ebookmass.com/product/circuit-theory-and-networks-
analysis-and-synthesis-mu-2017-ravish-r-singh/
https://ebookmass.com/product/digital-healthcare-and-expertise-
mental-health-and-new-knowledge-practices-claudia-egher/
Asian Journal of Psychiatry 44 (2019) 25–28
A R T I C LE I N FO A B S T R A C T
Keywords: The Mental Healthcare Act 2017 replaced the Mental Health Act 1987, subsequent to India’s ratification of the
Mental Healthcare Act 2017 United Nations Convention on the Rights of Persons with Disabilities in 2007. The Mental Healthcare Act
India (MHCA) 2017 upholds patient autonomy, dignity, rights and choices during mental healthcare and thus marks a
Psychiatry bold step in India’s mental health legislation. This new Law marks a major shift in the way mental healthcare is
delivered, as it aims to protect and promote the rights of people during the delivery of mental healthcare. Within
this Act, a capacitous individual cannot be coerced into receiving treatment for mental illness and inpatient
admissions can be ‘independent’ or ‘supported’. ‘Supported admission’ replaces involuntary admission from the
previous legislation. State mental health authorities and mental health review boards will play a major role in
the implementation of the new Act. The Mental Healthcare Act 2017 is aimed at bringing about radical trans-
formation to mental healthcare in India.
1. Introduction and Family Welfare, Government of India, 1987), to replace its colonial
predecessor, The Indian Lunacy Act, 1912. The Mental Health Act,
The Mental Healthcare Act 2017 is a bold step in a new direction for 1987, did not contribute much towards protection of the rights of the
mental health legislation in India. India is the second most populous mentally ill. The Mental Health Act, 1987 was repealed in 2018 and the
country in the world and is home to a sixth of the world’s population. new Act is The Mental Healthcare Act, 2017 (The Ministry of Law and
(The World Health Organisation, 2019). India became an independent Justice, 2017). The Mental Health Act 1987 provided legal provision for
country in 1947 and a Republic in 1950. India is a union of 29 States healthcare of persons with mental illness requiring inpatient treatment.
and seven Union Territories. Individual States are ruled by democrati- The lack of provision for an independent judicial / quasi-judicial review
cally - elected State governments. Although most healthcare is funded of the decision for compulsory admission was a major drawback of The
by the individual State governments, rather than the Central govern- Mental Health Act 1987. There was no provision to ensure that com-
ment of India, mental health legislation enacted by the Parliament of pulsory treatment was least restrictive of the patient’s rights. The pre-
India is applicable to all States and Union Territories in India. A recent vious Act was applicable only to specialist mental hospitals and thus
National Mental Health Survey (NMHS) estimated the one-time pre- excluded a large proportion of people receiving mental health care in
valence of any mental illness in India to be 10.6% (2016) (National general hospital settings from the purview of the Act.
Mental Health Survey of India et al., 2016; Gururaj et al., 2016). NMHS India ratified the United Nations Convention on the Rights of
estimated the treatment gap for mental health disorders in India to be Persons with Disabilities in 2007 (CRPD, 2006). This necessitated a
83%. This is in keeping with the estimated treatment gap by the WHO review of the existing Mental Health Act to ensure compliance with the
consortium (2004). (Demyttenaere et al., 2004) Convention. In compliance with the Convention, the new Act is firmly
rooted in the rights of people with mental illnesses. It makes a pre-
2. Mental health legislation in India sumption of equality in front of the law for people with mental illnesses,
unless an individual has impaired decision-making capacity for mental
British India (prior to 1947) had several legislations governing healthcare decisions. The new Act focusses just on mental healthcare,
mental health care (Lunacy Acts, Indian Lunacy Act, etc.). The Republic rather than care of persons with mental illness (for example, welfare
of India enacted The Mental Health Act 1987 (The Ministry of Health and management of property of a mentally ill person are not covered
⁎
Corresponding author.
E-mail addresses: vasudevan.namboodiri@gmail.com (V. Namboodiri), sanjugeorge531@gmail.com (S. George).
URLs: http://drvasudevan.mailbox@gmail.com (V. Namboodiri), http://sanjugeorge531@gmail.com (S. George).
https://doi.org/10.1016/j.ajp.2019.07.016
Received 27 February 2019; Received in revised form 6 July 2019; Accepted 7 July 2019
1876-2018/ © 2019 Elsevier B.V. All rights reserved.
V. Namboodiri, et al. Asian Journal of Psychiatry 44 (2019) 25–28
under this Act). The preamble of the new Act reads as below: the previous Act. Support lies on a continuum ranging from minimal to
near complete. People requiring high levels of support for decision
“The Mental Healthcare Act is to provide for mental healthcare for
making are likely to require supported admission and treatment.
persons with mental illness and to protect, promote and fulfil the
rights of people with mental illness during delivery of mental
3.3. Remit of the law
healthcare and services and for matters connected therewith or in-
cidental thereto”. (The Ministry of Health and Family Welfare,
The law covers all ‘substantive’ mental illnesses including substance
Government of India, 1987)
misuse disorders. Intellectual disability is, however, excluded. Mental
illness as per Section 2(s) of this Act is a substantial disorder of thinking,
3. Core principles of India’s new mental healthcare act mood, perception, orientation or memory that grossly impairs (a)judgment,
(b)behavior or (c)capacity to recognize reality or ability to meet the or-
Mental Healthcare Act 2017, upholds patient autonomy, dignity, dinary demands of life. People with substance misuse disorders are ex-
rights and choices during mental healthcare. For the first time in the plicitly brought under the purview of the Act.
country’s history, access to mental healthcare is described as a right of All institutions where people with mental illness reside for treat-
every citizen. In contrast, physical healthcare is still not stated as a right ment and care (excluding family homes) are considered as mental
for every Indian citizen. This is commendable for a country like India health establishments requiring registration with the authorities. This
with large unmet psychiatric need (Demyttenaere et al., 2004). Capa- includes all rehabilitation homes, prisons, places for religious healings
city to make decisions regarding mental healthcare for oneself has a and institutions offering complementary therapies. General hospitals
pivotal position in this Act. The capacity for decisions on mental providing mental health care (in isolation or in combination with
healthcare is articulated in the Act as ability to understand relevant physical healthcare) also come under the remit of the Act. This is clearly
information, (or) appreciation of consequences of decisions (or) ability a welcome step forward, as the previous legislation was restrictive in its
to communicate the decisions (Section 4 of this Act). Mental healthcare remit.
for a capacitous individual can only be provided subject to informed Unlike the previous Mental Health Act of India (1987), the current
consent. A capacitous individual is the sole decision maker for her/ his law is restricted to mental health care (rather than care of the mentally
mental healthcare, irrespective of the mental illness or risks involved. ill). There is a separate legislation, enacted in 2016, to cover certain
Unlike in many other jurisdictions, a capacitous individual cannot now other aspects of life of people with disabling mental illness (Rights of
be forced inpatient treatment for mental health in India, even when the People with Disabilities Act, 2016) (Ministry of Social Justice and
risks related to mental health are high. Even at times of incapacity, Empowerment, 2017). This change is firmly grounded on the principle
patient choice is to be listened to. of equality before law (Article 12) of The United Nation’s Convention
To ensure that patient choice is respected even in individuals with on Rights of Persons with Disabilities.
impaired capacity, this Law uses three tools: advance directives, no-
mination of representatives and supported decision-making. 3.4. Rights of persons with mental illness
3.1. Advance directives (Sections 5-13 of the Act) In addition to the constitutional rights, every citizen of India now
also has a right to access State-provided mental health care.
Any capacitous individual, irrespective of the presence of mental Discrimination because of mental illness in any sphere of life is illegal
illness, can execute an advance directive to help design the care they (including for insurance purposes). This Statute also prohibits dis-
will receive during an incapacitating mental illness. Valid advance di- crimination to access mental healthcare on grounds of sexual orienta-
rectives are legally binding, unless revoked by the Mental Health tion (article 377 of the Indian Penal Code which criminalized con-
Review Board or a court of law. A medical practitioner or a mental sensual homosexuality was struck down by the Supreme Court of India
health professional shall not be held liable for any unforeseen con- in 2017 (Anon., 2018).
sequences of following a valid advance directive. Advance directives The Law presumes that everyone with mental illness is capacitous
are expected to be registered with the Mental Health Review Board for mental healthcare (until proved otherwise) and enshrines the right
(Section 82(1)(a) of the Act). Advance directives have no place in the to protection from cruel, inhuman and degrading medical treatment.
care of a capacitous individual or at times of emergency treatment. The law demands equality of mental healthcare and physical health-
care.
3.2. Nomination of representatives (Section 14 of the Act) The Law also views access to mental healthcare in the community as
a governmental responsibility to people with mental illness. Free legal
Each patient can nominate a representative to support decision aid, access to medical information, access to community living, con-
making at times of impaired capacity for decision-making regarding fidentiality of medical information, access to personal contacts and
mental healthcare. Nominations are made by the patient and accepted communication are all rights of patients receiving inpatient mental
by the nominee. The nominated representative is legally bound to give healthcare enshrined under this Statute.
due respect to the patient choice, will and preferences, while making
decisions for the patient. In the absence of a nominated representative, 3.5. Admissions to mental health establishments
other relatives, carers and specific appointees (following the specific
protocol in the Act) from the State can assume the role of a nominated Admissions to mental health establishments under this Act can be
representative. A nominated representative can make decisions for the either ‘independent’ or ‘supported’.
patient only at times of incapacity. Independent admissions (Section 85–86) are voluntarily requested by
Supported decision-making replaces substitute decision making in capacitous patients, with freedom (and responsibility) to make deci-
times of incapacity (of the previous legislation). In the previous legis- sions and care plans. There is no limit to the time period for in-
lation (The Mental Health Act, 1987), mental healthcare decisions were dependent admissions. Independent admissions do not necessarily re-
made for the patient by the treating team in their role as the substitute quire a psychiatrist to be part of the process (even for discharge) and
decision maker for the patient. The new Law instructs nominated re- they are not required to be reported to the Mental Health Review
presentatives to make decisions, only after giving due credence to pa- Boards under the Law. Discharge requests made by independent pa-
tient choice, best interests, will and preferences. Supported admission is tients are to be honoured, unless criteria of capacity and risks allow a
a concept introduced in the new Act to replace involuntary admission of retention for 24 h for an assessment for supported admission.
26
V. Namboodiri, et al. Asian Journal of Psychiatry 44 (2019) 25–28
One of the core principles of the Act is parity for mental healthcare psychiatrists, other independent clinicians and lay people. Though
and physical healthcare. Independent admissions require to pass a there is a provision for an independent psychiatrist to be a member of
threshold of severity. Besides an informed choice to access inpatient the Board, the Board can potentially be constituted even without a
mental healthcare, this Act limits independent admissions only to those psychiatrist. In addition to mandatory independent reviews and appeals
who pass a severity criterion. This can become a barrier to those who by patients and nominated representatives, the Boards are also en-
seek inpatient treatment below the threshold. This is opined as against trusted with responsibilities of review of advance directives, review of
the principle of parity with physical healthcare (Kumar, 2018). nominated representatives, approvals of extensions of supported ad-
Supported admissions (Section 89) replace involuntary admissions of mission, and ECTs for minors and psychosurgeries. Any appeals against
the previous legislation. The aim is to use support to minimize in- decisions by the Mental Health Review Boards are to be at the High
voluntary admissions. Impaired decision making is essential, though Court of the State. The Central and State Mental Health Authorities
not sufficient, for supported admissions. Supported admissions are to be oversee the implementation of Mental Healthcare Act.
used only when there is no less restrictive option. The patient is ex- The Mental Health Review Boards and Mental Health Authorities
pected to benefit (as judged by the admitting clinician) from the hos- are still in stages of infancy. Although it has been thirteen months since
pitalization. Risks to self, others or of self-neglect should be recent the Act came into force, these boards are not functional entities yet. The
(what can be ‘recent’ is open to individual interpretation). Support is Act is ambitious and is aimed to bring out drastic change in the delivery
meant to be from a nominated representative (patient-nominated or of mental healthcare.
appointed by the State). Supported admissions can take place with
minimal or no agreement from the patient. The law mandates that even 6. Miscellaneous provisions
patients with impaired capacity for decision making for mental
healthcare need to be supported and involved in decision making, as far There is a distinct provision for emergency mental healthcare by
as possible. The Law views support as being on a spectrum, ranging any registered medical practitioner for a maximum period of 72 h or
from minimal requirement of support to near total support. until a mental health assessment is completed (whichever is earlier). It
Supported admissions (Section 89) require two independent pro- is clarified that advance directives do not apply to emergency situa-
fessional examinations and recommendations (a psychiatrist and a tions.
medical practitioner/ mental health professional). All supported ad- Unmodified electro convulsive therapy, chaining and sterilization as
missions are to be intimated to the Mental Health Review Boards within treatment for mental illnesses are explicitly prohibited. Certain proce-
a week. The Mental Health Review Boards are quasi-judicial, led by a dures like psychosurgery, ECT for minors and restraints are not pro-
judge. They have powers to discharge a patient from supported ad- hibited, but should be subject to prior approval from the Mental Health
mission. Review Board.
The State is bound to provide free legal aid to patients appealing The duties of Police to assist patients and families to ensure pro-
against supported admission. Decisions by the Review Boards are to be tection, safety and access to mental healthcare for people with mental
within seven days of appeal and the maximum duration for an initial illness are explicit. Unlike in the earlier Act, the role of the judicial
supported admission is thirty days. magistrate in decisions of admission and discharge of people with
mental illness from inpatient settings is minimized.
3.6. Extension of supported admission (Section 90) Section 115 of this Act makes a presumption of severe stress for
suicide attempts and recommends that trial under the Indian Penal
Supported admission can be extended upon renewal. Extensions can Code is to be avoided for suicide attempts due to stress. The duty of the
vary from 30 days to a maximum of 180 days. Each renewal must be government to provide care, treatment and rehabilitation for persons
approved by the Mental Health Review Board. The Law mandates that attempting suicide is marking a change in the perspective towards
the treating team must make every effort to move the patient to a suicide in India.
setting outside the hospital as soon as possible. An extension of sup- Supported admissions require the ongoing involvement of a nomi-
ported admission can be made on the recommendation of two in- nated representative during the inpatient mental healthcare.
dependent psychiatrists. There are also processes for appeal and Applications for supported admission, decisions for mental healthcare
hearing by the Mental Health Review Boards (described below). for patients with impaired capacity during a supported admission and
Extensions can only be used at times of persistent risks and prior to such request for discharge are explicit duties of the nominated re-
an extension, every effort must be made to ensure lesser restrictive presentatives, even during a State-provided inpatient mental health-
options in the community are explored. care. These can be viewed both as empowering and burdensome09.
In India, with its huge judicial backlog in court systems (Anon.,
4. Discharges 2019), the additional responsibility in relation to the Mental Health
Review Boards requires explicit commitment of resources from the
All discharges from hospitals need to be coupled with discharge care State. Legislatory reform is a necessary first step for changes in this
planning involving patients, clinicians and nominated representatives. direction. There is a criticism that Indian mental health legislation is far
Compulsory community-based treatment is not possible under this Act. more progressive of the actual state of mental health service at the time
However, the legislation binds the State to provide easily accessible of enactment (Kumar, 2018; Duffy et al., 2018).
community mental health care and rehabilitation services. Individual One of the options to ensure least restrictiveness of treatment is the
States and Union Territories are expected to create specific rules under availability of compulsive (or ‘supported’ in the spirit of this Act)
the Act regarding service provision. If the minimum services provided treatment in the community. This avenue is largely unaddressed in this
by the government for mental healthcare is not available in the district, Act. Compulsive treatment in the community is associated with a
the Law demands a reimbursement of expenses incurred by the patient marked diminution in the more restrictive hospital stay for persons with
to access mental healthcare elsewhere. In India, with its high mental mental illness requiring long-term admissions (Taylor et al., 2016). The
health service availability gap, eligibility for reimbursement may not be shift of focus from mental illnesses to mental well-being and from
sufficient to ensure the gap gets bridged. hospital-based mental healthcare to community-based care is an in-
creasingly recognized need of the hour for India’s mental healthcare
5. Mental Health Review Boards system (Murthy, 2018). This legislation falls short of empowering
community based mental healthcare (Table 1).
These Boards consist of a District Judge Equivalent, independent The new legislation has received mixed response from mental health
27
V. Namboodiri, et al. Asian Journal of Psychiatry 44 (2019) 25–28
Table 1
Comparison of the previous and the current mental health legislations of India.
Mental Health Act 1987 (The Ministry of Health and Family Welfare, Government of Mental Healthcare Act 2017 (The Ministry of Law and Justice, 2017), in effect from 2018
India, 1987) (Repealed in 2018)
Applicable only to specialty mental hospitals Applicable to all settings where people with mental illness reside for care of mental illness
(excluded general hospitals providing inpatient mental healthcare run by the (including those providing traditional care).
State).
Admissions – Voluntary, Involuntary and Reception Order from the Magistrate. Admissions— ‘Independent’ and ‘Supported’.
No provision for independent judicial review / appeal. Provision for quasi-judicial review and appeal (Mental Health Review Board).
Compulsory inpatient treatment for mental illness posing risks (irrespective of the Supported inpatient admission and treatment are only for incapacitous individuals meeting
capacity of the individual). a threshold (including risks).
Protects and promotes the rights of individuals during mental healthcare.
Substitute decision making for people undergoing involuntary treatment. Promotes choices of the individual through supported decision making, advance directives
and nomination of representatives.
No special safeguards for minors requiring psychiatric admission. Separate provision for minor admissions under section 87, with additional safeguards.
A large role for judicial magistrate in admissions and discharge decisions. Minimal, if any, role for judicial magistrate in admission and discharge decisions.
Remit of the Law included not just mental healthcare, but care of people with The remit of the law is just mental healthcare.
mental illnesses including guardianship.
professionals across the country. In summary, the new Act demands a Acknowledgement
drastic change in the day – to - day practice of the average mental
health professional (Duffy and Kelly, 2017). None.
References
7. The future
The World Health Organisation. Country Profile: India. https://www.who.int/countries/
Both mental health professionals and the judiciary are in un- ind/en/.
chartered territory here. Advance directives, supported decision - National Mental Health Survey of India, 2016. 2015-16: Prevalence, Pattern and
Outcomes. NIMH ANS Publication. ISBN: ISBN: 81-86478-00-X.. http://indianmhs.
making and nomination of representatives are all relatively new issues
nimhans.ac.in/Docs/Summary.pdf.
for mental health professionals in India. The duty of care for a mentally Gururaj, G., Varghese, M., Benegal, V., Rao, G.N., Pathak, K., Singh, L.K., NMHS
ill person lacking capacity, has shifted from the mental healthcare Collaborators Group, 2016. National Mental Health Survey of India, 2015–16.
Prevalence, Pattern and Outcomes.
professional to the nominated carers and the State. States, which were
Demyttenaere, K., Bruffaerts, R., Posada-Villa, J., Gasquet, I., Kovess, V., Lepine, J.P.,
not actively involved in bringing about this key legislation change, and et al., 2004. Prevalence, severity and unmet need for treatment of mental disorders in
their already stretched judiciaries should find additional resources to the Health Organization World Mental HealthSurveys. JAMA 291, 258190 [PubMed].
deliver the comprehensive care being promised in the new Act. India The Ministry of Health and Family Welfare, Government of India, 1987. The Mental
Health Act. https://mohfw.gov.in/sites/default/files/2077435281432724989_0_0.
has taken the initial steps of judicial reform to uphold the rights of the pdf.
persons with mental illness. The legislation is widely regarded as pro- The Ministry of Law and Justice, 2017. The Mental Healthcare Act, 2017. The Gazette of
gressive, with a high level of concordance (in comparison with the India (Extraordinary), Part II Section I. 7th April 2017. Also available at. https://
indiacode.nic.in/bitstream/123456789/2249/1/A2017-10.pdf.
legislations of other jurisdictions) with the United Nations Convention CRPD, U., 2006. Convention on the Rights of Persons With Disabilities and Optional
on Rights of People with Disabilities (Duffy and Kelly, 2017). There are Protocol. United Nations, New York.
provisions in the Law to ensure that the government is duty-bound to Ministry of Social Justice and Empowerment, 2017. Government of India: Rights of
Persons With Disabilities Act. The Gazette of India (Extraordinary) 28th December
train all its mental health professionals in the use of this Act in their day 2016, Part II, Section (I). Can be accessed from. http://disabilityaffairs.gov.in/
– to - day clinical practice. The law is ambitious and aspirational in its upload/uploadfiles/files/RPWD%20ACT%202016.pdf.
spirit and offers opportunities for India to revamp the care of its citizens NS Johar and ORS Vs Union of India. https://www.sci.gov.in/supremecourt/2016/
14961/14961_2016_Judgement_06-Sep-2018.pdf.
with mental health difficulties, upholding their rights.
Kumar, M.T., 2018. Mental healthcare Act 2017: liberal in principles, let down in pro-
visions. Indian J. Psychol. Med. 40 (2), 101.
National Judicial Data Grid, India. http://njdg.ecourts.gov.in/njdgnew/?p=main/pend_
Financial disclosure dashboard (last Accessed 23rd February 2019).
Duffy, R.M., Narayan, C.L., Goyal, N., Kelly, B.D., 2018. New legislation, new frontiers:
indian psychiatrists’ perspective of the mental healthcare act 2017 prior to im-
We, all authors of this paper, state that we have no financial in- plementation. Indian J. Psychiatry 60 (3), 351.
terests to disclose/declare. Taylor, M., Macpherson, M., Macleod, C., Lyons, D., 2016. Community treatment orders
and reduced time in hospital: a nationwide study, 2007–2012. BJPsych Bull. 40 (3),
124–126.
Conflict of interest Murthy, R.S., 2018. Future of mental health. Asian J. Psychiatr. 38, A7–A11.
Duffy, R.M., Kelly, B.D., 2017. Concordance of the Indian mental healthcare act 2017
with the World Health Organization’s checklist on mental health legislation. Int. J.
None. Ment. Health Syst. 11 (1), 48.
28
Another random document with
no related content on Scribd:
describit, dicens: Cum de Pictavis bellum sit et Andegavinis, Inque
die Martis fuit et Sancti Benedicti, Circa forte Caput Wultonnæ
contigit esse, Annus millenus tunc sexagesimus unus.”
That entry comprises all the direct information on the subject. The
Angevin monastic chronicles and Fulk Rechin do not mention it at all.
Neither do the Gesta Cons. in the right place; but they mix it up with
the war between Geoffrey Martel and William the Fat in 1033. By the
light of the Chron. S. Maxent., it seems possible to disentangle the
two stories. It even seems possible to make sense of a passage in
the Gesta which never can be sense as it stands, by understanding it
as referring to Geoffrey the Bearded instead of his uncle: “Willelmus
Pictavensium comes consulatum Sanctonicum suum esse volebat et
vi preoccupatum tenebat, quia patrui sui fuerat. Martellus eumdem
consulatum reclamabat quia avi sui fuerat, cujus heredes absque
liberis mortui erant; et ideo ad heredes sororis avi sui debere reverti
affirmabat” (Gesta Cons., Marchegay, Comtes, p. 126). This is the
story by which the Gesta-writer professes to explain the cause of the
war of Geoffrey Martel and William the Fat, of which he then gives
an elaborate account, ending with William’s capture and the
consequent surrender of Saintes to Geoffrey. But the story is utterly
senseless; the claims of William and Martel as therein stated are
alike devoid of all show of reason. In the account of the war itself,
too, there are strong traces of confusion; Saintes is assumed to have
passed back into the duke’s hands, of which there is no sign
elsewhere; and to crown all, the scene of the battle in which William
is taken is laid, not as by the Chron. S. Maxent. (a. 1032,
Marchegay, Eglises, p. 392) and Fulk Rechin (Comtes, p. 378), at S.
Jouin-de-Marne or Montcontour, but at Chef-Boutonne. The question
then arises: Can this wild tale in the Gesta, which is quite impossible
as an explanation of Martel’s war with William V., be interpreted so
as to explain his successor’s war with William VII.?
“Willelmus [VII., alias Guy-Geoffrey] Pictavensium comes
consulatum Sanctonicum suum esse volebat et vi præoccupatum
tenebat [having presumably seized it on Martel’s death], quia patrui
sui [for patrui read fratris—William the Fat—or patris, William the
Great] fuerat. Martellus [Barbatus] eumdem consulatum reclamabat,
quia avi sui [Fulconis Nerræ] fuerat, cujus hæredes [i.e. G. Martellus]
absque liberis mortui essent; et ideo ad hæredes sororis avi sui
[read avunculi sui—Martel’s sister, the Bearded one’s mother]
debere reverti affirmabat.”
Read in this way, the story is quite reasonable and intelligible, and
the rest of the Gesta’s account might stand almost intact, except the
capture of the duke, which of course is dragged in from the earlier
war. The confusion between the Williams of Aquitaine is easily
accounted for, and so is that between the Geoffreys of Anjou,
especially as all the Geoffreys after Martel occasionally took to
themselves his cognomen.
Note D.
THE DESCENDANTS OF HERBERT WAKE-DOG.
Note F.
THE MARRIAGE OF GEOFFREY AND MATILDA.
The date of this marriage is commonly given as 1127. A
comparison of evidence seems however to lead to the conclusion
that its true date is 1128.
1. The Angevin chronicles never mention the marriage at all. The
Gesta Cons., Will. Jumièges and several other writers mention it
without any kind of date. The English Chronicle, Sim. Durh., Will.
Malm. and Hen. Hunt. give no distinct date, but imply that the
proposal was immediately followed by the wedding. They speak as if
Robert and Brian had taken Matilda over sea and married her to
Geoffrey without more ado.
2. Orderic mentions the marriage in two places. In the first
(Duchesne, Hist. Norm. Scriptt., p. 763) he gives no clue to the date;
in the second (ib. p. 889) he dates it 1129.
3. The Chron. Fiscannense (Rer. Gall. Scriptt., vol. xii. p. 778)
dates it 1127.
4. A charter of agreement between the bishop of Séez and the
convent of Marmoutier (printed in Gilles Bry’s Hist. de Perche, p.
106) has “signum Henrici Regis quando dedit filiam suam Gaufredo
comiti Andegavensi juniori.” It is dated “anno ab Inc. Dom. 1127,
Indictione VI.”
5. The last witness is John of Marmoutier, the author of the
Historia Gaufredi Ducis. From him we might have expected a distinct
and authentic statement; but he does not mention the year at all. He
says that Geoffrey was knighted on Whit-Sunday and married on its
octave, and that he was then fifteen years of age (Hist. Gaufr. Ducis,
Marchegay, Comtes, pp. 236, 233). Afterwards, in speaking of the
birth of Henry Fitz-Empress, he says that it took place in the fourth
year of his parents’ marriage (ib. pp. 277, 278). Henry was born on
Mid-Lent Sunday, March 5, 1133; if therefore the writer reckoned
backwards from the Whitsuntide of that year, his words ought to
mean that the marriage was in 1129. But as he goes on to state that
Matilda’s third son was born in the sixth year of her marriage, and
that Henry I. died “anno eodem, ab Incarnatione videlicet Domini
1137,” it is impossible to say what he did mean. Whether he is
collecting the traditions of the ancient counts or writing the life of his
own contemporary sovereign, John’s chronology is pursued by the
same fate; whenever he mentions a date by the year, he is almost
certain to make it wrong. But that he should have done the like in his
reckoning of days, or even of his hero’s age, by no means follows.
To consider the latter point first: Geoffrey the Handsome was born on
August 24, 1113 (Chron. S. Albin. ad ann., Marchegay, Eglises, p.
32). Therefore, if John meant that he was past fifteen at his
marriage, it must have been in 1129. But if he only meant “in his
fifteenth year,” it would be 1128. In that year the octave of Pentecost
fell on June 17; Geoffrey then lacked but two months to the
completion of his fifteenth year; and considering Matilda’s age, it is
no wonder that the panegyrist tried to make her husband out as old
as possible. It is in fact plain that such was his intention, for though
he places Geoffrey’s death in the right year, 1151, he gives his age
as forty-one instead of thirty-eight (Hist. Gaufr. Ducis, Marchegay,
Comtes, p. 292).
The most important matter, however, is John’s statement that the
wedding took place on the octave of Pentecost. The date in this case
is not one casually slipped in by the writer in passing; it comes in a
detailed account of the festivities at Rouen on the occasion of
Geoffrey’s knighting, which is expressly said to have occurred at
Pentecost, and to have been followed by his marriage on the octave.
Now this leaves us on the horns of a dilemma fatal alike to the date
in the Chron. Fiscann., 1127, and to that of Orderic, 1129. For, on the
one hand, Will. Malm. (Hist. Nov., l. i. c. 3, Hardy, p. 692) says that
Matilda did not go to Normandy till after Whitsuntide [1127]; and Hen.
Hunt., l. vii. c. 37 (Arnold, p. 247), adds that the king followed her in
August (Sim. Durh., ed. Arnold, vol. ii. pp. 281, 282, really witnesses
to the same effect; for his chronology of the whole story is a year in
advance). Consequently, as Mrs. Everett Green remarks, “the union
could not have taken place before the spring of the following year,
1128” (Princesses of England, vol. i. pp. 107, 108). On the other
hand, it is plain that Fulk was present at his son’s wedding; but
before Whitsuntide 1129 Fulk was himself married to the princess of
Jerusalem (Will. Tyr., l. xiii. c. 24).
From all this it results: 1. If Geoffrey and Matilda were married in
1127, it cannot have been earlier than September, i.e. at least three
months after Whitsuntide. 2. If they were married in 1129, it must
have been quite at the beginning of the year, and Orderic must, on
this occasion at least, have made his year begin in English fashion,
at Christmas. 3. If they were married at Whitsuntide, it can only have
been in 1128.
We have in short to choose one out of three authorities: the
Chronicle of Fécamp, Orderic and John of Marmoutier—for the Séez
charter, as Mrs. Everett Green remarks (Princesses, vol. i. p. 108),
proves nothing more than that the betrothal had taken place in 1127.
Of these three, the first is certainly of least account. Orderic, on the
other hand, is on most other subjects a far better authority than
John. But his chronology is very little better than John’s, at any rate
towards the close of his work; his whole account of Henry’s later
years is sketchy and confused; while John is Geoffrey Plantagenet’s
own special biographer, writing within sixty years of the event, from
materials furnished by personal followers of his hero. I cannot but
regard him as our primary authority on this subject, and believe on
his testimony that the real wedding-day of Geoffrey and Matilda was
the octave of Pentecost, June 17, 1128.
CHAPTER V.
GEOFFREY PLANTAGENET AND STEPHEN OF
BLOIS.
1128–1139.
All the mental and bodily gifts wherewith nature had endowed the
most favoured members of the Angevin house seemed to have been
showered upon the eldest son of Fulk V. and Aremburg of Maine.
The surname by which he is most generally known, and which an
inveterate usage has attached to his descendants as well as to
himself, is in its origin and meaning curiously unlike most historical
surnames; it seems to have been derived simply from his boyish
habit of adorning his cap with a sprig of “planta-genista,” the broom
which in early summer makes the open country of Anjou and Maine
a blaze of living gold. With a fair and ruddy countenance, lit up by the
lightning-glance of a pair of brilliant eyes; a tall, slender, sinewy
frame, made for grace no less than for strength and activity:—[628] in
the unanimous opinion of his contemporaries, he was emphatically
“Geoffrey the Handsome.” To this prepossessing appearance were
added the charms of a gracious manner and a ready, pleasant
speech;[629] and beneath this winning exterior there lay a
considerable share of the quick wits of his race, sharpened and
developed by such a careful education as was given to very few
princes of the time. The intellectual soil was worthy of the pains
bestowed upon it, and brought forth a harvest of, perhaps, somewhat
too precocious scholarship and sagacity. Geoffrey’s fondness for the
study of the past seems to have been an inheritance from Fulk
Rechin; the historian-count might have been proud of a grandson
who carried in his memory all the battles fought, all the great deeds
done, not only by his own people but also in foreign lands.[630] Even
Fulk the Good might have approved a descendant who when still a
mere boy could shine in serious conversation with such a “lettered
king” as Henry I.;[631] and Fulk the Black might not have been
ashamed of one who in early youth felt the “demon-blood” within him
too hot to rest content in luxury and idleness, avoided the corrupting
influences of mere revelry, gave himself up to the active exercises of
military life,[632] and, while so devoted to letters that he would not
even go to war without a learned teacher by his side,[633] turned his
book-learning to account in ways at which ruder warriors and more
unworldly scholars were evidently somewhat astonished.[634] Like
his ancestor the Black Count, Geoffrey was one of those men about
whom their intimate associates have a fund of anecdotes to tell. The
“History” of his life put together from their information, a few years
after his death, is chiefly made up of these stories; and through the
mass of trite moralizing and pedantic verbiage in which the compiler
has imbedded them there still peeps out unmistakeably the peculiar
temper of his hero. Geoffrey’s readiness to forgive those who threw
themselves upon his mercy is a favourite theme of his biographer’s
praise; but the instances given of this clemency indicate more of the
vanity and display of chivalry in its narrower sense than of real
tenderness of heart or generosity of soul. Such is the story of a
discontented knight whose ill-will against his sovereign took the
grotesque form of a wish that he had the neck of “that red-head
Geoffrey” fast between the two hot iron plates used for making a
wafer-cake called oublie. It chanced that the man whose making of
oublies—then, as now, a separate trade—had suggested the wish of
this knight at St.-Aignan shortly afterwards made some for the eating
and in the presence of Count Geoffrey himself, to whom he related
what he had heard. The knight and his comrades were presently
caught harrying the count’s lands; and the biographer is lost in
admiration at Geoffrey’s generosity in forgiving not only their
depredations, but the more heinous crime of having, in a fit of ill-
temper after dinner, expressed a desire to make a wafer of him.[635]
On another occasion we find the count’s wrath averted by the
charms of music and verse, enhanced no doubt by the further charm
of a little flattery. Four Poitevin knights who had been taken captive
in one of the skirmishes so common on the Aquitanian border won
their release by the truly southern expedient of singing in Geoffrey’s
hearing a rime which they had composed in his praise.[636] A touch
of truer poetry comes out in another story. Geoffrey, with a great train
of attendants and noble guests, was once keeping Christmas at Le
Mans. From his private chapel, where he had been attending the
nocturnal services of the vigil, he set out at daybreak at the head of a
procession to celebrate in the cathedral church the holy mysteries of
the festival. At the cathedral door he met a poorly-dressed young
clerk, whom he flippantly saluted: “Any news, sir clerkling?”—“Ay, my
lord, the best of good news!”—“What?” cried Geoffrey, all his
curiosity aroused—“tell me quick!”—“‘Unto us a Child is born, unto
us a Son is given!’” Abashed, Geoffrey asked the youth his name,
bade him join the other clergy in the choir, and as soon as mass was
over went straight to the bishop: “For the love of Him Who was born
this day, give me a prebend in your church.” It was no sooner
granted than taking his new acquaintance by the hand, he begged
leave to make him his substitute, and added the further gift of a stall
in his own chapel, as a token of gratitude to the poor clerk whose
answer to his thoughtless question had brought home to him,
perhaps more deeply than he had ever felt them before, the glad
tidings of Christmas morning.[637] From another of these anecdotes
Geoffrey seems, as far as we can make out, to have been the
original hero of an adventure which has since, in slightly varying
forms, been attributed to several other princes, from Charles the
Great down to James the Fifth of Scotland, and which indeed may
easily have happened more than once. Led away by his ardour in
pursuit of the chase—next to literature, his favourite recreation—the
count one day outstripped all his followers, and lost his way alone in
the forest of Loches. At last he fell in with a charcoal-burner, who
undertook to conduct him back to the castle. Geoffrey mounted his
guide behind him; and as they rode along, the peasant, ignorant of
his companion’s rank, and taking him for a simple knight, let himself
be drawn into conversation on sundry matters, including a free
criticism on the government of the reigning count, and the
oppressions suffered by the people at the hands of his household
officers. When they reached the gates of Loches, the burst of joy
which greeted the wanderer’s return revealed to the poor man that
he had been talking to the count himself. Overwhelmed with dismay,
he tried to slip off the horse’s back; but Geoffrey held him fast, gave
him the place of honour at the evening banquet, sent him home next
day with a grant of freedom and a liberal gift of money, and profited
by the information acquired from him to institute a thorough reform in
the administration of his own household.[638]
[640] Ord. Vit. (Duchesne, Hist. Norm. Scriptt.), pp. 886, 887.
To King Henry the birth of his grandson was the crowning of all his
hopes. The greatest difficulty which had hitherto stood in the way of
his scheme for the descent of the crown—the objection which was
sure to be made against Matilda on account of her sex—would lose
more than half its force now that she could be regarded as regent for
her infant son; and Henry at once summoned another great council
at which he again made the archbishops, bishops, earls and barons
of his realm swear fealty to the Empress “and also to her little son
whom he appointed to be king after him.”[650] All things seemed as
safe as human foresight could make them when in the beginning of
August he crossed over to Normandy.[651] Signs and wonders in
earth and sky, related afterwards as tokens of coming evil,
accompanied his voyage;[652] but nearly two years passed away
before the portents were fulfilled. In the spring Matilda joined her
father at Rouen, and there, shortly before Whitsuntide, her second
son was born.[653] The old king’s pleasure in his two little
grandchildren was great enough to keep him lingering on in
Normandy with them and their mother, leaving England to the care of
Bishop Roger, till the middle of the following year,[654] when there
came tidings of disturbance on the Welsh border which made him
feel it was time he should return.[655] His daughter however set
herself against his departure. Her policy is not very clear; but it
seems impossible to acquit her of playing a double game and
secretly instigating her husband to attack her father while the latter
was living with her in unsuspecting intimacy and confidence.
Geoffrey now suddenly put forth a claim to certain castles in
Normandy which he asserted had been promised to him at his
marriage.[656] Henry denied the claim; the Angevin temper burst
forth at once; Geoffrey attacked and burned the castle of Beaumont,
whose lord was like himself a son-in-law of Henry, and altogether
behaved with such insulting violence that the king in his wrath was
on the point of taking Matilda, who was with him at Rouen all the
while, back with him to England. But he now found it impossible to
leave Normandy. The land was full of treason; many barons who
only disguised their real feelings from awe of the stern old king had
been gained over in secret to the Angevin cause; among those
whose fidelity was most suspected were Roger of Toëny and William
Talvas the lord of Alençon, who had been restored to the forfeited
estates of his family at the intercession of Geoffrey’s father in 1119.
Roger’s castle of Conches was garrisoned by the king; William
Talvas was summoned to Rouen more than once, but the conscious
traitor dared not shew his face; at last Henry again seized his
estates, and then, in September, Talvas fled across the border to be
received with open arms by the count of Anjou.[657] The countess
pleaded warmly with her father for the traitor’s pardon, but in vain.
When she found him inexorable, she suddenly threw off the mask
and shewed on which side her real sympathies lay by parting from
the king in anger and going home to her husband at Angers.[658]
Father and daughter never met again. In the last week of November
Henry fell sick while hunting in the Forest of Lions; feeling his end
near, he sent for his old friend Archbishop Hugh of Rouen to receive
his confession and give him the last sacraments. His son Earl Robert
of Gloucester hurried to the spot at the first tidings of his illness; his
daughter made no sign of a wish for reconciliation; yet when the earl
and the primate asked for his final instructions concerning the
succession to the crown, he remained true to his cherished purpose
and once more bequeathed all his dominions on both sides of the
sea to Matilda and her heirs for ever.[659] He died on the night of
December 1, 1135.[660]