“Three sons who are not to have patrimony—The son of a
priest, the son of a leper, and the son of a man who had paid
his patrimony as blood land. The son of a leper is not to have
it, because God has separated him from worldly kin—that is,
such son as a leper may have after being adjudged to a
lazar-house; and a son a priest shall have after taking
priestly orders; and the third has no patrimony, as his
father, prior to him, had determined it by law.”—(_Ancient
Laws and Institutes of Wales_, p. 556. See also p. 603.)
“Three persons to whom saraad [fine for insult] is not due—A
leper, a natural fool, and an alltud [an alien serf] who is
not married to an innate Cymraes: And, nevertheless, there is
worth in law attached to each of them, and whoever shall
ill-use them and injure them in person and property is subject
to a dirwy [fine or punishment].—(_Ancient Laws and
Institutes of Wales_, p. 656.)
“Three persons who are not to be invested with the judicial
function—An inefficient person, as one that is deaf, or
blind, or maimed, or leprous, or insane, or mute,” etc.
etc.—(_Ancient Laws and Institutes of Wales_, p. 671.)
“A leper cannot be a pleader.”—(_Ancient Laws and Institutes
of Wales_, p. 764.)
The Welsh term for leper is _Clafwr_, obviously an adaptation of the
Latin word.
It should be kept in view that the license which the Welsh laws give to
the wife to leave a leprous husband is in direct contradiction to the
canon law as declared by Pope Alexander III. to the Archbishop of
Canterbury in 1180:—“Mandamus quatenus si qui sunt in provincia tua
viri vel mulieres qui lepræ morbum incurrunt, ut uxores viros et viri
uxores sequantur, et eis conjugali affectione ministrent, sollicitis
exhortationibus inducere non postponas. Si vero ad hoc induci non
poterunt, eis arctius injungas ut uterque altero vivente continentiam
servet. Quodsi mandatum tuum servare contempserint, vinculo
excommunicationis adstringas.”—(_Corpus Juris Canonici_, vol. ii. col.
656. Edit. 1747.)
The same Pope, in the same year, decreed that lepers might
marry:—“Leprosi autem si continere nolunt, et aliquam quæ sibi nubere
velit invenerint, liberum est eis ad matrimonium convolare.” He settled
another and more delicate point:—“Quodsi virum sive uxorem divino
judicio leprosum fieri contigerit, et infirmus a sano carnale debitum
exigat, generali præcepto Apostoli, quod exigitur est solvendum: cui
præcepto nulla in hoc casu exceptio invenitur.”—(_Corpus Juris
Canonici_, vol. ii. col. 656. Edit. 1747.)
Pope Urban III. found, in 1186, that subsequent leprosy was a sufficient
reason why betrothed persons should not be compelled to marry.—(_Corpus
Juris Canonici_, vol. ii. col. 657. Edit. 1747. See also col. 344.)
NOMENCLATURE OF THE DISEASE.—The terms “Leprosi” and “Elephantuosi.”
Public-domain text, read in full here on John Shaqi.
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