A philologicall commentary, or, An illustration of the most obvious and useful words in the lavv with their distinctions and divers acceptations, as they are found as well in reports antient and modern as in records and memorials never printed : usefull for all young students of the law / by Edward Leigh ...

DISPARAGEMENT.

Disparagement, is a shame, disgrace, or villa∣ny done by the Guardian in Chivalry, to his ward in Chivalry, being within age by reason of his marriage. Of such disparagements there be four* 1.1 kinds.

The first, Propter vitium animi, as an ideot non composmentis, a Lunatick:

The second, Propter vitium sanguinis, as

• 1. A Vill••••.
• 2. Burg••nsis, a man of trade, as an Haberdasher, or Draper, this agreeth with the Civil Law, Patricii cum Plebe matrim••nia ne contrahant.
• 3. The Son or Daughter of a person attainted of* 1.2 treason, or felony, albeit pardoned, for the blood is corrupted.
• ...

• 4. An alien or child of an alien.

The third, Propter vitium corporis, as

• 1. De membris, having but one hand, one eye.
• 2. Desormity, as to look a squint, a c••ipple, halt, lame, dec••epit, crooked.
• 3. Privation, as blind, deaf, dumb.
• 4. A horrible disease, as leprosie, pal••••e, dropsie.
• 5. Great and continual infirmities, as a consum∣ption.
• 6. Impotency to have a child in respect of age, ten∣der years, or for natural disability.
• 7. De••owred.

The fourth kind of disparagement was propter ••a••••••ram privilegii, a•• ••o marry the heir to a widow, whereby he should by reason of the bigamy have lost the benefit of his Clergy whereby he might save his life, but now this is taken away by the Sta••u••e, it must be compe∣tens maritagium abs••ue disparagatione.

Notes

• * 1.1

  Termes of Law.
• * 1.2

  Cook on Lit l. 2. c. 4. sect. 188.