Title VIII: On the Marriage of Lepers

Latin source headnote: Leprosy supervening does not dissolve marriage or the effect of marriage; therefore, those joined to one another by marital affection ought to care for one another, or to be induced to vow perpetual continence.

Alexander III, to the Archbishop of Canterbury.

It has come to us that, although those who incur the disease of leprosy are by general custom separated from the communion of men and transferred outside cities and villages to solitary places, neither wives follow husbands nor husbands their own wives when they are thus ill, but presume to remain without them. Therefore, since husband and wife are one flesh, one ought not to be without the other any longer; by commanding through apostolic writings we order your fraternity not to postpone inducing, by solicitous exhortations, wives to follow husbands and husbands their wives who incur the disease of leprosy, and to minister to them with conjugal affection. But if they cannot be induced to this, more strictly enjoin upon them that each observe continence while the other is living. But if they contemn observing your mandate, bind them with the bond of excommunication.

Latin source headnote: Spouses are not to be separated from marriage because of leprosy, and lepers can contract marriage, and spouses are bound to render the debt to each other.

The same, to the Bishop of Bayonne.

Since from many authorities, and especially from evangelical truth, it is lawful for no one, except for the cause of fornication, to dismiss his own wife, it is established that, whether a woman has been struck by leprosy or detained by another grave infirmity, she is not for that reason to be separated from [her] husband or even dismissed. But concerning this, [which concerning the bearer, etc.] (And below: [Compare chapter 3, On One Who Took as Wife, IV. 7.]) But if lepers are unwilling to be continent and find someone willing to marry them, they are free to hasten to marriage. But if by divine judgment it happens that the husband or wife becomes leprous, and the infirm spouse demands the carnal debt from the healthy one, by the general precept of the Apostle that which is demanded is to be paid, and no exception to that precept is found in this case.

Latin source headnote: Betrothals of the future do not absolutely compel one to contract marriage with a leper when leprosy supervenes after the betrothals.

Urban III, to the Bishop of Florence.

We received the letters of your fraternity with due kindness; through them, having been made more certain of the sincerity of your faith and devotion, we are more abundantly moved toward your honor and advantage. But because you asked [us] whether, if, after betrothals of the future were contracted between certain lawful persons, before the woman is conducted home by the man, one of them incurs the disease of leprosy, the other ought to be compelled to consummate the marital union, or can transfer himself or herself to second vows, we respond to your solicitude that he ought not to be compelled to receive her, since marriage has not yet been consummated between them. [But concerning her, etc. (Compare chapter 6, On the Separation of Spouses, IV. 19.)]