“For three causes a woman loses not her agweddi, although she
may leave her husband; to wit, on account of leprosy, bad
breath, and default of connection.”—(_Ancient Laws and
Institutes of Wales_, p. 365.)
These citations are from Aneurin Owen’s translation of the Welsh text of
the Welsh laws, published in parallel columns with the Welsh text by the
Record Commissioners. These laws are of uncertain date; they are
commonly attributed to Howel Dda, but bear interpolations or alterations
of much later date. The oldest MSS. of them are of the twelfth century.
I add the passages regarding lepers which occur in the Latin versions of
the Welsh Laws, the oldest MSS. of which are of the thirteenth
century:—
“Tribus de causis potest femina habere suum egwedy [suam
dotem], licet ipsa uirum relinquat; scilicet, si sit leprosus
uir; et si habeat fetidum anhelatum; et si cum ea concumbere
non possit.”—(_Liber Legum Howel Da_, lib. ii. cap. xx., sec.
xxxi. _Ancient Laws and Institutes of Wales_, p. 796; Lond.
1841.)
“Tribus de causis habebat femina suum aguedi [suam dotem],
licet ipsa virum suum relinquat; id est, si leprosus sit vir;
et si fetidum hanelitum habueret; et si cum ea coire non
possit.”—(_Liber Legum Howel Da_, lib. ii. cap. xxiii. sec.
xiii. _Ancient Laws and Institutes of Wales_, p. 827.)
“Leprosi cum seculum dimittunt ebedyw [_i.e._ heriot _seu_ caulp]
dare debent dominis suis.”—(_Liber Legum Howel Da_, lib. ii.
cap. xxii. sec. ix. _Ancient Laws and Institutes of Wales_,
p. 797.)
The Dimetian Code (of Murder)—
“If there be a relative of the murderer, or of the murdered,
who is an ecclesiastic in holy orders, or in an ecclesiastical
community, or leprous, or dumb, or an idiot, such neither pays
nor receives any part of galanas” [assythment, or fines for
murder].—(_Ancient Laws and Institutes of Wales_, p. 200.)
The Dimetian Code (Triads)—
“There are three persons, no one of whom, by law, can be a qualified
judge; one of them is, a person having a defect, as one who is deaf, or
blind, or leprous, or an insane person,” etc. etc.—(_Ancient Laws and
Institutes of Wales_, p. 200.)
The next class of passages is taken from what are called the “Anomalous
Welsh Laws,” which, in the state they are now found in, are supposed to
be of the sixteenth century:—
“If a person become a surety, and before the termination of
the suit he should become leprous, or a monk, or blind, ....
he must fulfil his promise while he lives.”—(_Ancient Laws
and Institutes of Wales_, p. 403.)
“There is to be no objection to a pleader, but for having
violated his religious profession, and quitting the world, or
his becoming a separated leper.”—(_Ancient Laws and
Institutes of Wales_, p. 516.)
Public-domain text, read in full here on John Shaqi.
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