Charities -- Great Britain; Hospitals -- Great Britain; Hospitals, Medieval; Leprosy -- England
(a) _The Writ for Removal._—The right to expel lepers was acknowledged
before it was legally enforced. An entry upon the statute-book may be
merely the official recognition of an established custom. The fact that
where use and wont are sufficiently strong, law is unnecessary, is
illustrated to-day in Japan, where public opinion alone enforces the
separation of lepers. At length English civil law set its seal upon
the theory of infection by the writ _De Leproso Amovendo_, authorizing
the expulsion of lepers on account of manifest peril by contagion.
An early instance of removal occurs in the Curia Regis Rolls (1220).
It is mentioned that William, son of Nicholas Malesmeins, had been
consigned with the assent [p053] of his friends to a certain Maladria
in Bidelington, where he abode for two years. This was the leper-house
near Bramber, mentioned four years previously in a Close Roll as “the
hospital of the infirm of St. Mary Magdalene of Bidelington.”
Legislation on this subject was chiefly local. The Assizes of London
had proclaimed in 1276 that “no leper shall be in the city, nor come
there, nor make any stay there.” Edward III supplemented existing
measures by an urgent local edict for London and Middlesex. The royal
proclamation sets forth that many publicly dwell among the citizens,
being smitten with the taint of leprosy; these not only injure people
by the contagion of their polluted breath, but they even strive to
contaminate others by a loose and vicious life, resorting to houses of
ill-fame, “that so, to their own wretched solace, they may have the
more fellows in suffering.”[35] All persons proved leprous—citizens
or others, of whatever sex or condition—are to quit the city within
fifteen days, “and betake themselves to places in the country,
solitary, and notably distant from the city and suburbs.” This order,
sent to the mayor, was followed by a proclamation to the sheriff of
the county. Lepers are to abandon the highways and field-ways between
the city and Westminster, where several such persons sit and stay,
associating with whole men, to the manifest danger of passers-by.[36]
This social problem continued to vex municipal authorities. A
precept was issued (1369) “that no leper beg in the street for fear
of spreading infection.” The porters of the eight principal gates
of the city were sworn [p054] to refuse them admittance. (That
_barbers_—forerunners of the barber-chirurgeons—were included among
the gate-keepers in 1310 and 1375, was perhaps due to their supposed
capability of recognizing diseases.) If a leper tried to enter, he
should forfeit his horse or his outer garment, and if persisting, be
taken into custody. The foreman at “le loke” and an official at the
Hackney lazar-house were also bound to prevent their entry into the
city.
Public-domain text, read in full here on John Shaqi.
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