Charities -- Great Britain; Hospitals -- Great Britain; Hospitals, Medieval; Leprosy -- England
On the other hand, Lord Coke declares that “ideots, leapers &c. may
be heires,” and he comments thus upon Bracton and Britton:—“if these
ancient writers be understood of an appearance in person, I think
their opinions are good law; for [lepers] ought not to sue nor defend
in proper person, but by attorney.”[45] Possibly the Norman custom of
disinheritance prevailed in England at one time and then died out. The
case of Adam [p058] de Gaugy proves that in 1278 this Northumbrian
baron was not liable to forfeiture. He was excused, indeed, from
appearing in the presence of Edward I, but was directed to swear fealty
to an official. Although spoken of as his brother’s heir, Adam did not
long enjoy his property. He died the same year, childless, but leaving
a widow (_Eve_), and the barony passed to a kinsman.[46]
The Norman maxim that the leper “may possess the inheritance he had
before he became a leper” is illustrated by the story of the youthful
heir of Nicholas de Malesmeins. Having attained full age, he left the
hospital where he had been confined, appeared before his feudal lord,
did homage, made his payment, and entered his fief.[47]
4. ECCLESIASTICAL JURISDICTION
Although leprosy was a penal offence, only laymen could be cited and
dealt with by the king, mayor or feudal lord. Clerks in holy orders
had to answer to their bishop. In the case of parochial clergy, the
diocesan was responsible for their suspension from office, as stated
by the Canon _De Leprosis_. Lucius III (1181–1185) decreed that they
must serve by coadjutors and wrote to the Bishop of Lincoln on this
subject.[48] The episcopal registers of Lincoln afterwards record
the case of the rector of Seyton (1310). Several leprous parish
priests are named in other registers, e.g. St. Neot, 1314 (Exeter),
Colyton, 1330 (Exeter), Castle Carrock, 1357 (Carlisle). In the latter
instance, the bishop having learned with sorrow that the rector was
infected and unable to [p059] administer the sacraments, cited him
to appear at Rose with a view to appointing a coadjutor.[49] It was
ordered by Clement III that when clergy were thus removed, they should
be supported from the fruits of their benefices. Sir Philip, the
leper-priest of St. Neot in Cornwall, was allowed two shillings a week,
besides twenty shillings a year for clothing. He was permitted to keep
the best room in his vicarage and the adjoining chambers, except the
hall. The rest of the house was partitioned off for the curate, the
door between them being walled up.[50]
5. EXAMINATION OF SUSPECTED PERSONS
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