CHAPTER IX

THE CONSTITUTION

“_It is agreed amongst men of religion that order be observed,

because without order there is no religion._” (Rules of St. John’s,

Nottingham.)

We now turn to the inner working of the hospital and inquire how the

lives of inmates were ordered.

Early charitable institutions were under a definite rule, either that

of the diocesan bishop or of the monastic order with which they were

in touch. In the Constitutions of Richard Poore of Sarum (_circa_

1223), one clause is headed: “Concerning the Rule of Religion, how

it is lawful to found a _xenodochium_.” Persons desiring so to do

shall receive a form of government from the bishop, “since too great

diversity of forms of religion brings in confusion to the church of

God.” Laymen therefore applied for an episcopal constitution; the

burgesses of Nottingham, for instance, charged Archbishop Gray with

the drawing up of an “Ordination” for St. John’s (1231–4). Even when

a community was under a monastic house, the diocesan was often asked

to compile statutes, as Grossetête did for Kingsthorpe and Bishop

Stratford for Ilford; but the abbot of St. Albans drew up his own

code for St. Julian’s. There was apparently a definite Anglican Rule,

for “The Statutes of St. James’ according to the Use of the Church of

England” were promulgated at Canterbury in 1414. [p127]

Founders and patrons also had a voice in the matter, sometimes drawing

up the rule and submitting it to their Father in God; thus the

Ordinances of St. Mark’s, Bristol, made by the patron and “exhibited to

the Bishop” (1268) are entered in the registers.

Most hospitals followed a definite system, at least in theory, as to

admission, observation of regulations and penalties for disobedience.

1. NOMINATION AND ADMISSION

(_a_) Appointments to all offices were usually in the patron’s hands.

In a few privileged houses (e.g. Dover, Gloucester, Oxford, Cambridge,

Norwich) the staff brothers had licence to elect their superior from

amongst themselves, and to nominate him to the patron. Officials and

inmates alike were admitted by a religious ceremony, of which the vow

formed a prominent part. At St. Katherine’s, Bedminster, the following

oath was taken before induction by the master:—

“I,——, promise perpetual observance of good morals, chastity, and

denial of property . . . according to the rule of the Hospital St.

Katherine, near Bristol, in the diocese of Bath and Wells, which I

henceforth profess as ordained by the holy fathers . . . and I will

lead my life according to regular discipline.”

The selection of honorary workers on the hospital staff is dealt with

in one of the deeds of St. Mary’s, Chichester (formerly preserved at

University College, Oxford, but now in the Bodleian):—

“If any one seeks the Hospital of St. Mary, at Chichester, let the

Warden examine whether he is in sound or in infirm health. If in

sound health, whether male or female, let the [p128] Warden consider

whether he is a person of good conversation, of honest life and

character, likely to be useful to the House, whether in serving or

labouring for the poor. If he should be found such, the Warden shall

first point out to him the poverty of the House, the poorness of the

food, the gravity of the obedience, and the heavy duties, which may

possibly deter him and induce him to recall his purpose. But if he

perseveres in knocking, then with the counsel of the Lord Dean and

the brethren of the House, he may be received in the name of the

Lord, without the intervention of any money or any compact, unless

he has any property of his own and is disposed to resign it into

the hands of the Warden. But if the character of the man who seeks

admission be insufficient he must be repelled entirely.”[84]

A brother or sister being admitted to St. John Baptist’s, Reading, was

professed in the adjoining church. _Veni Creator_ and certain prayers

were said as the candidate knelt before the altar; after the sprinkling

with holy water he or she then received the habit or veil, a kiss

of charity being bestowed by the rest of the household. A discourse

followed upon the rules and benefits of the society. The Office for the

admission of members to the staff of St. John’s, Nottingham, is given

in the _Records of the Borough_. One prayer, at the benediction of the

religious habit, shows the spirit in which hospital officials were

expected to enter upon their duties:—

“O Lord Jesus Christ, who didst deign to put on the covering of our

mortality, we beseech the immense abundance of Thy goodness, that

Thou mayst so deign to bless this kind of vestment, which the holy

fathers have decreed should be borne by those who renounce the world,

as a token of innocence and humility, that this Thy servant, who

shall [use it], may deserve to put on Thee,” etc. [p129]

[Illustration: _PLATE XV._ HOSPITAL OF ST. NICHOLAS, SALISBURY

(_a_) SOUTH-EAST VIEW. (_b_) WEST VIEW]

As the brother changed his dress, the Scripture was repeated concerning

putting off the old man and putting on the new in righteousness. The

versicles “Our help is in the name of the Lord,” “Save Thy servant,”

etc., were also used, together with prayers for the Gift, for increase

of virtue, for light and life.

(_b_) Almsmen, too, were usually admitted by a solemn oath. That taken

at Oakham is typical:—

“I.—— the which am named into a poor man to be resceyued into this

Hospital after the forme of the Statutes and ordanacions ordeyned

. . . shall trewly fulfille and obserue all the Statutes . . . in

as moche as yey longen or touchen me to my pour fro hensuorthwardys

. . . without ony fraude soe helpe me God and my Holydom and by these

holy Euangelies the whiche y touche and ley my honde upon.”

At Sandwich, after being sworn in, the person was introduced by the

mayor to the rest of the fraternity, and was saluted by them all;

and after paying the customary gratuities, the new inmate was put in

possession of his chamber.

The ancient form of admission to St. Nicholas’, Salisbury, contains

such injunctions as:—

“N. thu shalt be trewe and obedient to the maistre of this place.

“Item, thu shalt kepe pees yn thy self, and do thy deuoyrs that euery

brother and sustre be in parfyte pees, loue and charite, eche with

othre.”

Few foundations have retained their religious and social life with

less change than this hospital, of which Canon Wordsworth has given

us a complete history. Following the old traditions, the present

inmates give a new member the right hand of fellowship when he is duly

installed. [p130]

(_c_) Lepers, like other paupers, were admitted either at the patron’s

will or at the warden’s discretion. The custody of the Crown hospital

at Lincoln was at one time committed to the sheriffs, who were

charged to notify a vacancy to the king or his chancellor “so that

he might cause a leper to be instituted in place of the deceased, in

accordance with the ancient constitution.” Later it was stated that

they were admitted of the king’s gift, or by the presentation of the

mayor. In some instances the right of nomination was held jointly.

There were eight beds in the Hexham Spital, four being open to poor

leper-husbandmen born within the Liberty, whilst the archbishop and

prior might each appoint two tenants.

A patron or donor often kept the nomination to one bed or more. Thus

the founder of St. Sepulchre’s lazar-house, Hedon, reserved the right

to present one man or woman, whole or infirm; he even made prudent

provision to sustain any afflicted object allied to the patron within

the fourth degree of blood. As early as 1180, a subscriber to St.

Nicholas’, Carlisle, stipulated that two lepers from Bampton should

be received. According to some statutes the candidate had also to be

approved by his future companions; “without the consent and will” of

the Colchester lepers, no brother could gain entrance, and the same

rule obtained at Dover. The little Sudbury hospital maintained three

lepers; when one died or resigned, his comrades chose a third; if they

disagreed, the mayor was informed, and the selection devolved upon the

vicar. An examination by the warden into the candidate’s condition

and circumstances was sometimes ordered, as at Dover. At Harbledown

sufficient knowledge of the simple formulas of the faith was required.

[p131]

To enter a leper-hospital in early days practically involved the

life of a “religious,” especially in hospitals attached to monastic

houses. The vow of an in-coming brother at St. Julian’s is given in the

Appendix to Matthew Paris:—

“I, brother B., promise, and, taking my bodily oath by touching

the most sacred Gospel, affirm before God and all His saints . . .

that all the days of my life I will be subservient and obedient to

the commands of the Lord Abbot of St. Albans and to his archdeacon;

resisting them in nothing, unless such things should be commanded,

as would militate against the Divine pleasure. I will never commit

theft, nor bring a false accusation against any one of the brethren,

nor infringe the vow of chastity.”

He goes on to promise that he will not hold or bequeath anything

without leave; he will be content with the food, and keep the rules on

pain of punishment, or even expulsion. The oath at St. Bartholomew’s,

Dover, is found in the register:—

“I,——, do promise before God and St. Bartholomew and all saints,

that to the best of my power I will be faithful and useful to the

hospital, . . . to be obedient to my superior and have love to

my brethren and sisters. I will be sober and chaste of body; and

a moiety of the goods I shall die possessed of, shall belong to

the house. I will pray for the peace of the church and realm of

England, and for the king and queen, and for the prior and convent

of St. Martin, and for the burgesses of Dover on sea and land, and

especially for all our benefactors, living and dead.”

After making this vow, the brother was sprinkled with holy water and

led to the altar, where he received the warden’s blessing on bended

knees. The form of general benediction was prescribed (with special

collects if the [p132] candidate were a virgin or a widow), and a

prayer was said at the consecration of the habit.[85]

2. REGULATIONS

The general rule of poverty, chastity and obedience was supplemented by

detailed statutes.

(a) _Rules concerning Payment and Property._—There are some instances

of compulsory payment by statute. If the candidate at Dover satisfied

the warden’s inquiries, he might be received into the community after

paying 100 shillings, or more if he could. Even then gratuities were

expected; half a mark was offered to the warden and half a mark

distributed among the brethren and sisters. The entrance fee sounds

prohibitive, but the _Liber Albus_ records a similar custom in London

under the title _Breve de C solidis levandis de tenemento Leprosorum_.

This edict authorized the levying of 100_s._ from lepers’ property to

be delivered to their officers for their sustenance.

Sometimes hospital statutes provided against this practice. Thus the

chancellor’s ordinances for St. Nicholas’, York (1303), forbade the

admission of any one by custom or by an agreement for money or goods,

but without fear of simony the property of an in-coming brother might

be received if given spontaneously and absolutely. The statutes are of

special interest because evidently framed to reform abuses recently

exposed; and the details of the cross-questioning by the jury and the

replies of witnesses in that visitation are recorded. We learn, for

example, that most of the inmates had been received for money “each for

himself 20 marks more or less”; one, indeed, [p133] with the consent

of the community, paid 23 marks (£15. 6_s._ 8_d._), a considerable

sum in those days. Under special circumstances the patron sometimes

countenanced a bargain. Thus when a healthy candidate for admission to

St. Bartholomew’s, Oxford, promised repairs to the chapel, the timber

of which was decayed, he was received contrary to rules by the king’s

express permission (1321).

The question of the property of the warden, officials and inmates now

comes before us. The staff were frequently under the three-fold vow

which included poverty. The rule at St. John’s, Nottingham, was as

follows:—

“And no one shall be a proprietor, but if any one have any property,

he shall resign it to the warden or master before seven days . . .

otherwise he shall be excommunicated. . . . But if it shall be found

that any one has died with property, his body shall be cast out from

Christian burial, and shall be buried elsewhere, his property being

thrown upon him by the brethren, saying, ‘Thy money perish with

thee.’”

The same enactment is found at St. Mary’s, Chichester, unless, indeed,

the offender make a death-bed confession. But poor people sojourning

there retained their possessions, and could dispose of them by will:—

“If he has anything of his own let the warden take charge of it and

of his clothes, until he is restored to health; then let them be

given to him without diminution, and let him depart, unless, of his

own accord, he offer the whole, or part, to the house. If he die,

let his goods be distributed as he hath disposed of them. If he die

intestate, let his property be kept for a year, so that if any friend

of the deceased shall come and prove that he has a claim upon it,

justice may not be denied to him. If no one claim within the year,

let it be merged into the property of the hospital.” [p134]

A total renunciation of personal goods was required of the inmates of

leper-hospitals in early days. Alms received by the wayside went into

the common chest, as did money found within the enclosure; if picked up

outside, the finder might keep it. The lepers of St. Julian’s might not

appropriate or bequeath anything without the consent of the community.

A singular article in the oath of admission was this:—“I will make it

my study wholly to avoid all kinds of usury, as a monstrous thing, and

hateful to God.” In the Dover statutes trading and usury were strictly

forbidden.

The leper’s clothing and furniture were all that he could call his own.

In the disposal of such meagre personal effects, a precedent was found

in the _heriot_—the best chattel of a deceased man due to the feudal

lord. An ancient French deed relating to St. Margaret’s, Gloucester,

ordains that “when a brother or sister is dead, the best cloth that

he hath the parson shall have in right of heriot.” At Lynn, the bed

in which he died, and his chest, if he had one, were appropriated by

the hospital, as well as his best robe and hood. These rules indicate

that the leper furnished his own apartment. The Office at seclusion

enumerates the clothing, furniture and other articles necessary.

(_Appendix A._)

One of the questions asked by the official visitor of St. Mary

Magdalene’s, Winchester, was whether the goods of deceased inmates

went to the works of the church after the settlement of debts. In some

hospitals, the rule of poverty was not held, or it was relaxed as

time went on. By the will of William Manning, _lazer_, of the house

of Monkbridge, York (1428), he requests that half a pound of wax be

burnt over his coffin; he leaves 6_d._ to the [p135] works going on

at the Minster, 6_d._ to the Knaresburgh monks, and the residue to his

wife. In the old Scottish version of Troylus and Cresseid, the latter

makes her testament before dying in the spital-house. She had lived in

poverty, but a purse of gold had lately been thrown to her in alms. Her

cup and clapper and her ornament and all her gold the leper folk should

have, when she was dead, if they would bury her. The ruby ring, given

her long ago by her lover, was to be carried back to him by one of her

companions.

Pensioners of the better class were expected to provide all necessary

articles, and to contribute what they could to the funds. Money

acquired during residence was divided, a portion being retained by the

individual; at his death, either half his goods or the whole belonged

to the community. The Heytesbury statutes directed:—

“that euery poreman in his first Admyssion all such moueable goodes

as he hath, pottis, pannys, pewter vessel, beddyng, and other

necessaries, if he haue eny such thynges, to bryng hit within into

the hous. And if he haue eny quycke catell, that hit be made monay

of. And halfe the saide monay to be conuerted to y^e use of y^e hous,

and y^e other halfe to y^e poreman to haue to his own propre use.”

The goods of a deceased member were distributed to those who should

“happe to overlyve,” whether “gownes, hodys, cotys, skertys, hosyn or

shone.” It was ordained at Higham Ferrers that when an almsman died,

his goods were taken into the storehouse, and either dealt out to the

other poor men, or sold to a new inmate for the benefit of the rest.

(b) _Rules of Conduct._—Social intercourse within the house and with

the outside world was clearly defined. Among [p136] habited brethren

and sisters, the sexes were rigidly separated, excepting at worship or

work. In the case of inmates who were not professed, men and women seem

to have lived a common life, meeting in refectory, day room, etc.

As to the intercourse of lepers with the outside world, there was a

curious admixture of strictness and laxity. The ordinances of early

lazar-houses show that the theory of contagion had little place in

their economy. They recognized that the untainted need not be harmed

by slight communication with the infected. When visitors came from a

distance to Sherburn they were permitted to stay overnight. The lepers

of St. Julian’s were allowed to see friends—“if an honest man and true

come there, for the purpose of visiting an infirm brother, let him

have access to him, that they may mutually discourse on that which

is meet”—but no woman was admitted except a mother, sister or other

honest matron. The general public was protected, inmates not being

permitted to frequent the high-road or speak to passers-by (1344). At

the time of seclusion, the leper was forbidden henceforth to enter

church, market or tavern. At St. Julian’s, the mill and bakehouse were

likewise forbidden. The statutes of Lynn required that the infirm

should not enter the quire, cellar, kitchen or precincts, but keep the

places assigned in church, hall and court. So long as they did not eat

or drink outside their own walls, lepers might roam within a defined

area. The Reading lepers might never go out without a companion. At

Harbledown they might not wander without permission, which was granted

for useful business, moderate recreation, and in the event of the

grievous sickness or death of parents and friends. [p137]

Such rules were more a matter of discipline than of public health.

It was not merely lepers who were required to keep within bounds,

for ordinary almsmen had similar restrictions. At Croydon they were

forbidden to walk or gaze in the streets, nor might they go out of

sight of home, excepting to church.

The rules of St. Katherine’s, Rochester, were drawn up by the innkeeper

Symond Potyn. He stipulates that if the almsmen buy ale, it shall be

consumed at home:—

“also that none of them haunt the tauerne to go to ale, but when

theie have talent or desier to drynke, theire shall bye theare

drynke, and bringe yt to the spitell;

“also that none of them be debator, baretor, dronkelew, nor rybawde

of his tounge.”[86]

If any thus offend, the prior with twain good men of Eastgate shall go

to the Vicar of St. Nicholas’ and the founder’s heirs, who “shall put

them oute of the same spittle for euermore, withoute anie thing takinge

with them but theare clothinge and their bedde.”

(c) _Supervision._—In ecclesiastical hospitals, the approved method of

maintaining order was by weekly chapter, at which correction was to be

justly administered without severity or favour. The injunctions at St.

John’s, Nottingham, were as follows:—

“They shall meet at least once in each week in chapter, and excesses

shall be there regularly proclaimed and corrected by warden or

master; and the chapter shall be held without talking or noise, and

those who have transgressed shall humbly and obediently undergo

canonical discipline.” [p138]

At stated periods of a month or a quarter, the statutes were openly

recited, usually in the vulgar tongue. After the revision of the

ordinance of St. Nicholas’, York, it was ordered that the keepers

should read the articles aloud in their church on the eve of St.

Nicholas.

Internal authority was vested in the warden, whose power was sometimes

absolute; but in the case of hospitals dependent upon a religious

house, grave offences were taken to head-quarters. For external

supervision, the hospital was dependent upon the patron or his agents,

who were supposed to inspect the premises, accounts, etc., yearly.

This civil visitation was frequently neglected, especially that of the

chancellor on behalf of the Crown. Abuses were apt to accumulate until

a royal commission of inquiry and reformation became obligatory. Where

an institution was under the commonalty, their representatives acted

as visitors. At Bridport (1265), the town administered the endowment

of the manorial lord; the provosts conducted a yearly investigation

whether the brethren and lepers were well treated and the chaplains

lived honestly. In London, there were officials who daily inspected the

lazar-houses; these “overseers” and “foremen” seem to have been busy

citizens who undertook this work on behalf of the corporation (1389).

As late as 1536 a gentleman was appointed to the office of visitor of

“the spyttel-howses or lazar cotes about thys Citye.”

3. PENALTIES

The punishments inflicted by the warden were chiefly flogging, fasting

and fines, but he could also resort to the stocks, suspension and

expulsion. The regulations of [p139] St. Mary’s, Chichester, show the

discipline suggested for offenders:—

“If a brother shall have a quarrel with a brother with noise and

riot, then let him fast for seven days, on Wednesdays and Fridays,

on bread and water, and sit at the bottom of the table and without a

napkin. . . . If a brother shall be found to have money or property

concealed from the warden, let the money be hung round his neck, and

let him be well flogged, and do penance for thirty days, as before.”

The rules were particularly rigorous in lazar-houses. Among the lepers

of Reading, if a brother committed an offence, he was obliged to sit

during meals in the middle of the hall, fasting on bread and water,

while his portion of meat and ale was distributed before his eyes.

The penalties to which Exeter lazars were liable were fasting and the

stocks. Punishment lasted one day for transgressing the bounds, picking

or stealing; three days for absence from chapel, malice, or abusing a

brother; twelve days for reviling the master; thirty days for violence.

At Sherburn the prior did not spare the rod. “After the manner of

schoolboys” chastisement was to be meted out to transgressors, and

the lazy and negligent awakened. “But if any shall be found to be

disobedient and refractory, and is unwilling to be corrected with the

rod, let him be deprived of food, as far as bread and water only.”

Equally severe was the punishment at Harbledown for careless omission

of appointed prayers. Delinquents made public confession the following

Friday, and received castigation. “Let them undergo sound discipline,

the brethren at the hands of the prior, and the sisters from the

prioress.” The following day the omitted devotions were to be repeated

twice. [p140]

In the case of almsmen of a later period corporal punishment was never

practised. If a poor pensioner at Heytesbury, after instruction,

could not repeat his prayers properly, he must be put to “a certayne

bodely payne, that is to say of fastyng or a like payne.” In most

fifteenth-century almshouses, however, the inmates were no longer

boarded, but received pocket-money, which was liable to forfeiture. An

elaborate system of fines was worked out in the statutes of Ewelme.

The master himself was fined for any fault “after the quality and

quantitye of his crime.” The fines were inflicted not only upon those

who were rebellious, or neglected to clean up the courtyard and weed

their gardens, but also upon those who arrived in church without their

tabards, or were unpunctual:—

“And if it so be that any of theym be so negligent and slewthfull

that the fyrst psalme of matyns be begon or he come into his stall

that than he lese i_d._, and yf any of thayme be absent to the

begynnyng of the fyrst lesson that thanne he lese ii_d._; And for

absence fro prime, terce, sext and neynth, for ich of thayme i_d._

Also if any . . . be absent from the masse to the begynnyng of the

pistyll . . . i_d._, and yf absent to the gospell . . . ii_d._” etc.

Industry, punctuality and regularity became necessary virtues, since

the usual allowance was but 14_d._ weekly.

The rules of the contemporary almshouse at Croydon were stringent.

After being twice fined, the poor man at his third offence was to be

utterly put away as “incorrectable and intolerable.” When convicted

of soliciting alms, no second chance was given:—“if man or woman

begge or aske any silver, or else any other good . . . let him be

[p141] expellid and put oute at the first warnyng, and never be of the

fellowship.”

Expulsion was usually reserved for incorrigible persons. “Brethren

and sisters who are chatterboxes, contentious or quarrelsome,” sowers

of discord or insubordinate, were ejected at the third or fourth

offence. Summary expulsion was the punishment for gross crimes. The

town authorities of Beverley discharged an inmate of Holy Trinity for

immorality. The ceremony which preceded the expulsion of an Ilford

leper is described by a writer who obtained his information from the

leger-book of Barking Abbey:—

“The abbesse, beinge accompanyed with the bushop of London, the

abbot of Stratford, the deane of Paule’s, and other great spyrytuall

personnes, went to Ilforde to visit the hospytall theere, founded for

leepers; and uppon occacion of one of the lepers, who was a brother

of the house, having brought into his chamber a drab, and sayd she

was his sister. . . . He came attyred in his lyvery, but bare-footed

and bare-headed . . . and was set on his knees uppon the stayres

benethe the altar, where he remained during all the time of mass.

When mass was ended, the prieste disgraded him of orders, scraped

his hands and his crown with a knife, took his booke from him, gave

him a boxe on the chiek with the end of his fingers, and then thrust

him out of the churche, where the officers and people receyved him,

and putt him into a carte, cryinge, _Ha rou, Ha rou, Ha rou_, after

him.”[87]

This public humiliation, violence and noise, although doubtless

salutary, are a contrast to the statute at Chichester, where pity and

firmness are mingled:—

“If a brother, under the instigation of the devil, fall into

immorality, out of which scandal arises, or if he be disobedient

[p142] to the Superior, or if he strike or wound the brethren or

clients . . . then, if he prove incorrigible, he must be punished

severely, and removed from the society like a diseased sheep, lest

he contaminate the rest. But let this be done not with cruelty and

tempest of words, but with gentleness and compassion.”

[Illustration: _PLATE XVI._

THE WARDEN’S HOUSE, SHERBURN

HOSPITAL OF ST. GILES, KEPIER]

FOOTNOTES:

[84] Sussex Arch. Coll., 24, pp. 41–62.

[85] _Lieger Book_, Bodl. Rawl. MS. B. 335.

[86] Hist. of Rochester, ed. 1817, p. 215.

[87] Hearne, _Curious Discourses_, ed. 1775, i. 249.

[p143]

The Mediæval Hospitals of England · 第 9 / 17 章