Charities -- Great Britain; Hospitals -- Great Britain; Hospitals, Medieval; Leprosy -- England
English legislation was never severe regarding lepers. We may believe
that the tolerant spirit of a certain thirteenth-century Scottish canon
prevailed throughout Great Britain. Lepers, it was declared, might well
fulfil their parochial obligations, but “if they cannot be induced
to do so, let no coercion be employed, seeing that affliction should
not be accumulated upon the afflicted, but rather their misfortunes
commiserated.”[40] In France, however, upon one terrible occasion,
Philip V was guilty of the abominable cruelty of burning lepers on the
pretext that they had maliciously poisoned wells. Mezeray says:—“they
were burned alive in order that the fire might purify at once the
infection of the body and of the soul.” The report of this inhuman act
reached England and was recorded both in the Chronicle of Lanercost
(under date 1318) and also by John Capgrave, who says:—
“And in this same yere [1318] the Mysseles [lepers] thorow oute
Cristendam were slaundered that thei had mad couenaunt with Sarasines
for to poison alle Cristen men, to put uenym in wellis, and alle
maner uesseles that long to mannes use; of whech malice mony of hem
were conuicte, and brent, and many Jewes that gave hem councel and
comfort.”[41]
(b) _Property._—The legal status of the leper must now be examined.
When pronounced a leper in early days, a man lost not only his liberty,
but the right to inherit or bequeath property. A manuscript Norman
law-book [p057] declares “that the mezel cannot be heir to any one.”
In the days of Stephen, for example, Brien Fitz-Count was lord of
Wallingford and Abergavenny. “He had two sons, whom, being lepers, he
placed in the Priory of Bergavenny and gave lands and tithes there to
for their support,” bequeathing his property to other kinsmen. Again,
two women of the Fitz-Fulke family appeared in the King’s Court (1203)
in a dispute about property at Sutton in Kent: Avice urged that Mabel,
having a brother, had no claim—“but against this Mabel says that he
is a leper.”[42] Even a grant made by such a person was void. In 1204
King John committed the lands of William of Newmarch to an official who
should answer for them at the Exchequer, but “if he have given away
any of his lands after he fell sick of the leprosy, cause the same to
be restored to his barony.”[43] This illustrates Bracton’s statement
that “a leprous person who is placed out of the communion of mankind
cannot give . . . as he cannot ask,” and, again, “if the claimant be
a leper and so deformed that the sight of him is insupportable, and
such that he has been separated . . . [he] cannot plead or claim an
inheritance.”[44]
Public-domain text, read in full here on John Shaqi.
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