5. EXAMINATION OF SUSPECTED PERSONS

The duty of reporting and examining cases fell to the clergy, doctors, civil officers or a jury of discreet men. (Cf. Fig. 7.) A curiously complicated lawsuit brought into the King’s Court in 1220 relates how a certain man had custody of the children of Nicholas de Malesmeins. When the eldest-born became a leper, his perplexed guardian took the young man to the King’s Exchequer, and before the barons of the Exchequer he was adjudged a leper, and consigned to a hospital. (See pp. 52, 58.) [Illustration: 7. LEPER AND PHYSICIAN] In ordinary cases, the leper would show himself to the parish priest as the only scholar. It was the village priest who helped the stricken maiden to enter “Badele Spital” near Darlington, and afterwards attested her [p060] cure, as related by Reginald of Durham. (See p. 97.) The register of Bishop Bronescomb of Exeter declares that “it belongs to the office of the priest to distinguish between one form of leprosy and another.” It was the duty of the clergy to take cognizance of cases, but it was not always politic to interfere. In 1433 the parson of Sparham endeavoured to get a parishioner, John Folkard, to withdraw from the company of other men because he was “gretely infect with the sekeness of lepre.” The vicar advertised him to depart, for “his sekenes was contagious and myght hurte moche people.” After much disputing, John went off to Norwich and took an action for trespass against the parson before the sheriffs. Whereupon the vicar had to appeal in chancery.[51] The writ of removal ordered the careful investigation of cases in the presence of discreet and lawful men having the best knowledge of the accused person and his disease. Probably the best was not very good, for many judged by the outward appearance only. The Bishop of Lincoln, directing the resignation of a clergyman (1310), says that he is besprinkled with the spot of leprosy. The decree of 1346 condemns “all those who are found infected with leprous spots” to be removed. Anthony Fitz-Herbert, writing in 1534, points out that the writ is for those “who appear to the sight of all men that they are lepers,” by their voice, disfigurement and noisome condition. In medical treatises, great stress was laid on the necessity of investigation with pondering and meditation. The _Rosa Anglica_ of John of Gaddesden (physician to Edward II) declares that “no one is to be adjudged a leper, and separated from intercourse of mankind, until [p061] the figure and form of the face is actually changed.” The contemporary French doctor, Gordon, uses almost the same words; and, repeating his precautions, observes that “lepers are at the present day very injudiciously judged.” A later writer, Guy de Chauliac (_circa_ 1363) says:— “In the examination and judgement of lepers, there must be much circumspection, because the injury is very great, whether we thus submit to confinement those that ought not to be confined, or allow lepers to mix with the people, seeing the disease is contagious and infectious.” Sir J. Simpson gives copious extracts from Guy’s _Chirurgia_, which has also been translated into modern French (1890). Guy describes fully the examination of a suspected person, giving in detail all possible symptoms. It may here be observed that Bartholomew _Anglicus_, his contemporary, enumerates among the causes predisposing to leprosy, dwelling and oft talking with leprous men, marriage and heredity, evil diet—e.g. rotten meat, measled hogs, flesh infected with poison, and the biting of a venomous worm: “in these manners and in many other the evil of _lepra_ breedeth in man’s body.” Guy advises the doctor to inquire if the person under examination comes of tainted stock, if he have conversed with lepers, etc. He must then consider and reconsider the equivocal and unequivocal signs of disease. After a searching investigation—not to be confined to one day—the patient must either be set free (_absolvendus_) with a certificate, or separated from the people and conducted to the lazar-house. About the time that John of Gaddesden was professor of medicine at Oxford (1307–1325), and was writing upon [p062] leprosy, “experienced physicians” were summoned to examine a provincial magnate. The mayor and bailiffs of royal Winchester had been over-zealous “under colour of the king’s late order to cause lepers who were amongst the healthy citizens to be expelled.” It was surely a bitter hour to Peter de Nutle, late mayor of the grand old city, when his successor and former colleagues hounded him out! But there was justice for one “falsely accused”; and subsequently an order of redress was sent, not without rebuke to the civic authorities for their malicious behaviour towards a fellow-citizen:— “as it appears, from the inspection and examination before our council by the council and by physicians expert in the knowledge of this disease, that the said Peter is whole and clean, and infected in no part of his body.” A few days later the sheriff of Hampshire was directed to make a proclamation to the same effect, so that Peter might dwell as he was wont unmolested.[52] The royal mandate of 1346 reiterated the stipulation that men of knowledge should inquire into suspected cases. It therefore seems unlikely that a London baker ejected in 1372 was merely suffering from an inveterate eczema, as has been suggested. Careless as were the popular notions of disease, medical diagnosis was becoming more exact; four kinds of leprosy were distinguished, of which “leonine” and “elephantine” were the worst. There is an interesting document extant concerning a certain woman who lived at Brentwood in 1468. She was indicted by a Chancery warrant, but acquitted on the [p063] authority of a medical certificate of health. The neighbours of Johanna Nightingale petitioned against her, complaining that she habitually mixed with them and refused to retire to a solitary place, although “infected by the foul contact of leprosy.” A writ was therefore issued by Edward IV commanding a legal inquiry. Finally, Johanna appeared before a medical jury in the presence of the Chancellor. They examined her person, touched and handled her, made mature and diligent investigation, going through over forty distinctive signs of disease. She was at length pronounced “utterly free and untainted,” and the royal physicians were prepared to demonstrate this in Chancery “by scientific process.”[53]